BILL ANALYSIS Ó SB 225 Page 1 Date of Hearing: June 30, 2015 ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS Luis Alejo, Chair SB 225 (Wieckowski) - As Amended June 23, 2015 Reflecting author's proposed amendments SENATE VOTE: 24-11 SUBJECT: Medical waste. SUMMARY: Makes technical changes to the Medical Waste Management Act (MWMA). Specifically, this bill: 1) Makes technical changes to the definition for "biohazard bag". 2) Restores current law by removing the reference to controlled substances under what is excluded from the definition of medical waste. 3) Restores current law requiring small and large quantity medical waste generators to include in their medical waste management plan steps for categorizing pharmaceutical wastes for proper disposal that are either governed by the SB 225 Page 2 Drug Enforcement Agency (DEA) or federal Resource Conservation and Recovery Act. 4) Requires a hazardous waste transporter transporting medical waste to maintain a completed shipping or combined shipping and tracking document in compliance with United States Department of Transportation (US DOT) requirements when medical waste is transported on a public roadway, and strikes hazardous waste generators as being required to adhere to these shipping and tracking document requirements. 5) Restores current law to include references to the requirement that pharmaceutical waste classified as "controlled substances" by the DEA be disposed of in compliance with DEA requirements under the storage and containerization requirements for pharmaceutical waste. 6) Revises the container labeling requirements for specified medical wastes from "HIGH HEAT OR INCINERATION ONLY" to "HIGH HEAT" or "INCINERATION ONLY". 7) Establishes this as an urgency act in order to ensure that necessary and technical changes to the laws governing the handling and disposal of medical waste are implemented as soon as possible. EXISTING LAW: 1) Authorizes the US DOT to enforce rules on the transportation of medical waste on public roads and highways. (Title 49 U.S. Code of Federal Regulations) SB 225 Page 3 2) Pursuant to the MWMA, requires the California Department of Public Health to regulate the management and handling of medical waste and authorize off-site medical waste treatment facilities, oversee transfer stations, approve alternative treatment technologies, and act as the local enforcement agency in 25 jurisdictions where local agencies have elected not to conduct their own enforcement. (Health and Safety Code § 117600, et seq.) FISCAL EFFECT: Unknown. COMMENTS: Need for the bill: According to the author, the technical changes SB 225 proposes to make to the MWMA are needed to rectify and clarify issues raised through enforcement actions following the major revision of the MWMA made by AB 333 (Wieckowski, Chapter 564, Statutes of 2014). Medical Waste Management Act: The MWMA was created in response to several incidents of medical waste washing up on San Diego County beaches, as well as several reports of medical waste being disposed of in dumpsters and trash bins. In 1989 and 1990, AB 109 (Hayden) and AB 1641 (Mojonnier) were ultimately combined to form the MWMA to, according to the original Legislative intent, "comprise a single, integrated, and complementary approach to the storage, treatment, transportation, and disposal of medical waste." Recent MWMA reform efforts: Since enactment of the MWMA, the US DOT, which preempts state law, has increased its regulatory oversight of transportation of medical waste. Similarly, the United States Postal Service requirements for the mail back of medical waste also preempt state law. Those federal agencies' SB 225 Page 4 regulation of medical waste created conflict for California healthcare facilities and placed them at risk of non-compliance with federal statutes. To remove confusion over compliance requirements, and reduce risk for non-compliance with federal requirements, AB 333 codified federal requirements, consolidated and modified definitions in the MWMA, among other changes. Biohazard bags: Biohazard bags are defined under the MWMA as disposable film bags used to transport biohazardous materials. Under current law, these bags must be certified that they meet two American Society for Testing and Materials (ASTM) standards for tear resistance and impact resistance, as well as other codified requirements. According to the author, the need to revise the definition arises from the fact the US DOT does not have a requirement for bags used to collect medical waste within a facility. The US DOT only requires use of a US DOT-approved biohazard waste bag when the bags are packaged into a shipping container for transportation off-site to a treatment facility. For generators of medical waste that use biohazard waste bags, the change from the ASTM standard D 1709 to a US DOT-approved bag will result in a 50- to 70-percent cost increase of the biohazard bags. As the MWMA is currently written, medical waste generators that ship biohazard waste off-site for treatment typically package all of their medical waste from smaller waste collection containers into a larger container that is lined with a US DOT-approved bag, which results in medical waste being packaged in several US DOT-approved bags when only one is bag required by the US DOT. Shipping and tracking documents: Since the US DOT is responsible for regulating the hauling of waste on roadways, there is no need for a generator to maintain tracking records if the US DOT requires only the hauler to do so. Currently, generators maintain shipping records as required by the US DOT for shipping medical waste. In addition, generators receive a receipt of SB 225 Page 5 treatment from the treatment and disposal facility that received and treated the waste. Including the requirement that generators must also manage a tracking document is duplicative when existing documents used by generators already serve as a mechanism to track and manage off-site medical waste treatment and disposal. REGISTERED SUPPORT / OPPOSITION: Support California Hospital Association Stericycle Opposition None on file Analysis Prepared by:Paige Brokaw / E.S. & T.M. / (916) 319-3965 SB 225 Page 6