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