BILL ANALYSIS Ó SB 225 Page 1 Date of Hearing: August 19, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair SB 225 (Wieckowski) - As Amended August 17, 2015 ----------------------------------------------------------------- |Policy |Rules |Vote:|10 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | |Environmental Safety and Toxic | |7 - 0 | | |Materials | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: Yes State Mandated Local Program: NoReimbursable: No SUMMARY: This urgency bill makes various technical changes to the Medical Waste Management Act (MWMA). Specifically, this bill: SB 225 Page 2 1)Clarifies the definition of biohazard bag. 2)Requires a hazardous waste transporter of medical waste to maintain a tracking document, as specified, for the purpose of tracking medical waste from the point when the waste leaves the generator facility until the waste receives final treatment. 3)Requires the tracking document to be maintained only by hazardous waste transporters, and not by generators transporting waste. 4)Revises the container labeling requirements for specified medical wastes from "HIGH HEAT OR INCINERATION ONLY" to "HIGH HEAT" or "INCINERATION ONLY". 5)Takes effect immediately, upon signature of the Governor. FISCAL EFFECT: Minor, if any, additional state costs. COMMENTS: 1)Rationale. Last year, AB 333 (Wieckowski, Chapter 564, Statutes of 2014), made numerous changes to the Medical Waste Management Act (MWMA) including, among other things, codifying existing federal preemptions and requirements, modifying definitions, creating procedures for the generation of medical SB 225 Page 3 waste from a temporary event, modifying contracts with medical waste transporters for the collection of fees, and preempting local programs regarding infectious waste. According to the author, this bill contains technical revisions to correct and clarify issues raised through enforcement actions following the implementation of AB 333. 2)Background. 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 comprise a single, integrated, and complementary approach to the storage, treatment, transportation, and disposal of medical waste. Since enactment of the MWMA, the US Department Of Transportation, 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' 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. Analysis Prepared by:Jennifer Galehouse / APPR. / (916) 319-2081 SB 225 Page 4