BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                        SB 225|
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                                UNFINISHED BUSINESS 


          Bill No:  SB 225
          Author:   Wieckowski (D)
          Amended:  8/17/15  
          Vote:     27  - Urgency

           SENATE ENVIRONMENTAL QUALITY COMMITTEE:  5-2, 4/15/15
           AYES:  Wieckowski, Hill, Jackson, Leno, Pavley
           NOES:  Gaines, Bates

           SENATE APPROPRIATIONS COMMITTEE:  Senate Rule 28.8

           SENATE FLOOR:  24-11, 5/4/15
           AYES:  Allen, Beall, Block, De León, Galgiani, Hall, Hernandez,  
            Hertzberg, Hill, Hueso, Jackson, Lara, Leno, Leyva, Liu,  
            McGuire, Mendoza, Mitchell, Monning, Nielsen, Pan, Roth,  
            Wieckowski, Wolk
           NOES:  Anderson, Bates, Fuller, Gaines, Huff, Moorlach,  
            Morrell, Nguyen, Runner, Stone, Vidak
           NO VOTE RECORDED:  Berryhill, Cannella, Hancock, Pavley

           ASSEMBLY FLOOR:  78-0, 8/27/15 (Consent) - See last page for  
            vote

           SUBJECT:   Medical waste


          SOURCE:    California Hospital Association
          
          DIGEST:   This bill makes various technical changes to the  
          Medical Waste Management Act (MWMA).

          Assembly Amendments delete the provisions related to the  
          California Integrated Waste Management Act, and instead make  
          clarifying and technical amendments to MWMA.









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          ANALYSIS:
          
          Existing federal law:  
          
          1)Authorizes the United States Department of Transportation to  
            enforce rules on the transportation of medical waste on public  
            roads and highways (49 U.S. Code of Federal Regulations).

          2)Authorizes the United States Postal Service to regulate  
            medical waste and sharps waste containers that are transported  
            through the mail (Domestic Mail Manual 601.10.17.5).

          Existing state law, pursuant to the MWMA, requires the  
          California Department of Public Health (DPH) to regulate the  
          management and handling of medical waste.  The program  
          authorizes off-site medical waste treatment facilities, oversees  
          transfer stations, approves alternative treatment technologies,  
          and acts as the local enforcement agency in 26 jurisdictions  
          (including Los Angeles County) where local agencies have elected  
          not to conduct their own enforcement.  (Health and Safety Code  
          §117600 et seq.).

          This bill:

          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.









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          Background
          
          MWMA.  In the fall of 1989, there were 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 response to these incidents, both the  
          Legislature and the executive branch considered new approaches  
          to handling medical waste.

          At the time, California statute only defined "infectious waste"  
          as wastes that contain infectious organisms that cause human  
          disease.  This waste was treated as hazardous waste; however,  
          this definition severely limited the types of wastes that could  
          be regulated.

          In 1989 and 1990, bills were introduced by Assembly Member  
          Hayden (AB 109) and Assembly Member Mojonnier (AB 1641).  The  
          goal of the bills was to respond to general concerns over the  
          lax management of medical and infectious wastes and address  
          specific issues identified in California and at the national  
          level.

          Ultimately, the two bills were combined to form the MWMA and,  
          according to the original legislative intent, "comprise a  
          single, integrated, and complementary approach to the storage,  
          treatment, transportation, and disposal of medical waste"  
          (Chapters 1613 and 1614, Statutes of 1990).  

          Comments
          
          Purpose of Bill.  According to the author:

               When the Medical Waste Management Act was enacted over 20  
               years ago, California became one of the first states in the  
               nation to set statutory standards governing the waste  
               stream.  Many changes during the intervening years in  
               medical waste treatment, transportation oversight, and  
               requirements by landfill and waste water treatment  
               operators necessitated an update of the Act.

               Under AB 333 (Wieckowski), an extensive stakeholder process  
               was conducted that consolidated and recast provisions to  








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               the Medical Waste Management Act aimed at alleviating  
               internal inconsistencies and ambiguities, while updating  
               state and federal requirements.  As is the case with any  
               substantive reform, there are some technical revisions to  
               correct and clarify issues raised through enforcement  
               actions following the implementation of AB 333. 
               
          Prior Legislation
          
          AB 333 (Wieckowski, Chapter 564, Statutes of 2014) amended the  
          MWMA to address inconsistencies, clarify references, and align  
          the act with federal policy governing the transport of medical  
          waste.

          AB 467 (Stone, Chapter 10, Statutes of 2014) created a licensure  
          category for a surplus medication collection and distribution  
          intermediary.

          AB 1893 (Stone and Eggman, 2014) would have made various changes  
          to the handling of home-generated sharps.  The bill failed  
          passage on the Assembly Floor.

          SB 1014 (Jackson, 2014) would have required the Board of  
          Pharmacy to develop regulations governing the collection of  
          home-generated pharmaceutical waste at pharmacies.  The bill was  
          held in Assembly Appropriations Committee.

          AB 1442 (Wieckowski, Chapter 689, Statutes of 2012) defined  
          pharmaceutical waste, exempted the waste generator from certain  
          hauling requirements, and allowed the waste to be transported by  
          a common carrier in order to reduce costs for handling expired  
          pharmaceutical wastes.
           
           AB 2335 (Saldana, Chapter 166, Statutes of 2006) made various  
          clarifying changes to the MWMA with the aim of reducing medical  
          waste management costs and clarifying the complex regulatory  
          framework.

          SB 407 (Alpert, Chapter 139, Statutes of 1999) authorized the  
          use of chemical disinfection as a treatment method for certain  
          types of laboratory-generated medical waste if specified  
          requirements were met.








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          SB 1034 (Maddy, Chapter 732, Statutes of 1997) added trauma  
          scene waste management to the MWMA.  This addition required the  
          registration of commercial firms who clean up trauma scenes in  
          order to ensure appropriate training and disposal of waste.

          SB 1966 (Wright, Chapter 536, Statutes of 1996) moved the  
          management and handling of waste pharmaceuticals under DPH and  
          the MWMA and reestablished fee authorities for DPH for small  
          quantity medical waste generators.

          SB 372 (Wright, Chapter 877, Statutes of 1995) made various  
          changes to the MWMA, including revisions to the definition of  
          large quantity generator, medical waste exclusions, and storage.  
           The bill also incorporated additional classes into the  
          definition of medical waste and authorized the use of high  
          temperatures to treat medical waste prior to disposal.

          SB 1360 (Committee on Health and Human Services, Chapter 415 of  
          1995) moved the MWMA to the DPH during Governor Wilson's  
          reorganization of the Department of Health Services to DPH and  
          the California Environmental Protection Agency.

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No


          According to the Assembly Appropriations Committee, this bill  
          has minor, if any, additional state costs. 


          SUPPORT:   (Verified8/26/15)


          California Hospital Association (source)
          BD (Becton, Dickinson and Company)


          OPPOSITION:   (Verified8/26/15)


          None received








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           ASSEMBLY FLOOR:  78-0, 8/27/15
           AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,  
            Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang,  
            Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle,  
            Daly, Dodd, Eggman, Beth Gaines, Gallagher, Cristina Garcia,  
            Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray,  
            Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones,  
            Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low,  
            Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin,  
            Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea,  
            Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago,  
            Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,  
            Wilk, Wood, Atkins
           NO VOTE RECORDED: Frazier, Williams


          Prepared by:Joanne Roy / E.Q. / (916) 651-4108
          8/28/15 15:54:08


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