BILL ANALYSIS Ó
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator Wieckowski, Chair
2015 - 2016 Regular
Bill No: SB 225
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|Author: |Wieckowski |
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|Version: |8/17/2015 |Hearing |9/3/2015 |
| | |Date: | |
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|Urgency: |Yes |Fiscal: |Yes |
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|Consultant:|Joanne Roy |
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SUBJECT: Medical waste
ANALYSIS:
Existing law:
1) Under federal law:
a) Authorizes the United States Department of
Transportation (DOT) to enforce rules on the
transportation of medical waste on public roads and
highways (49 U.S. Code of Federal Regulations).
b) Authorizes the United States Postal Service (USPS) to
regulate medical waste and sharps waste containers that
are transported through the mail (Domestic Mail Manual
601.10.17.5).
2) Under state law, pursuant to the Medical Waste Management Act
(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, as approved by the Senate, required the Department of
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Resources Recycling and Recovery, when updating the five-year
plan and expending funds pursuant to the California Tire
Recycling Act, to ensure that the plan and expenditure of those
funds reflect the California Integrated Waste Management Act's
priorities for waste reduction and recycling.
Assembly amendments (August 17, 2015, version of the bill) and
the basis for referral back to the Committee on Environmental
Quality pursuant to Senate Rule 29.10, delete the provisions
related to the California Integrated Waste Management Act, and
instead do the following:
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.
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.
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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 Medical
Waste Management Act (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).
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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
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.
Related/Prior Legislation
AB 333 (Wieckowski, Chapter 564, Statutes of 2014) amended the
Medical Waste Management Act to address inconsistencies, clarify
references, and align the act with federal policy governing the
transport of medical waste.
AB 467 (Stone, Chapter 10 of 2014) created a licensure category
for a surplus medication collection and distribution
intermediary.
AB 1893 (Stone and Eggman) of 2014 would have made various
changes to the handling of home-generated sharps. This bill
failed on the Assembly Floor.
SB 1014 (Jackson) of 2014 would have required the Board of
Pharmacy to develop regulations governing the collection of
home-generated pharmaceutical waste at pharmacies. This bill
was held in Assembly Appropriations Committee.
SB 372 (Wright, Chapter 877, Statutes of 1995) made various
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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 Department of Public Health (DPH)
during Governor Wilson's reorganization of the Department of
Health Services to DPH and the California Environmental
Protection Agency.
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 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 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.
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.
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.
SOURCE: California Hospital Association
SUPPORT:
BD (Becton, Dickinson and Company)
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OPPOSITION:
None received
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