BILL ANALYSIS                                                                                                                                                                                                    Ó



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          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  








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               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)








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              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'  








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          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  








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          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













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