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.
SB 225
Page 2
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.
SB 225
Page 3
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
SB 225
Page 4
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.
SB 225
Page 5
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
SB 225
Page 6
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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