BILL ANALYSIS Ó
SB 225
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Date of Hearing: August 19, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
SB 225
(Wieckowski) - As Amended August 17, 2015
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|Policy |Rules |Vote:|10 - 0 |
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| |Environmental Safety and Toxic | |7 - 0 |
| |Materials | | |
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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:
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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
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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
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