Italicized text includes proposed additions to law or the previous version of the bill.
Struck text includes proposed deletions to law or the previous version of the bill.
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AMENDED IN ASSEMBLY APRIL 21, 2009
INTRODUCED BY Assembly Member Arambula
FEBRUARY 27, 2009
An act to add Section
117611 118276
to the Health and Safety Code, relating to public health.
LEGISLATIVE COUNSEL'S DIGEST
AB 1147, as amended, Arambula. Medical waste: treatment,
containment, and storage.
Existing law establishes various programs for the prevention of
disease and the promotion of health to be administered by the State
Department of Public Health, including, but not limited to,
administration of the Medical Waste Management Act relating to the
regulation of medical waste, including, but not limited to,
provisions related to the treatment, containment, and storage of
medical waste. Violation of certain orders pursuant to these
provisions is a crime.
This bill would authorize the department to
grant a
treatment facility or large generator a variance to these waste
management and treatment requirements approve the use
of an alternative method of containerization or storage of medical
waste, at the request of a treatment facility or large
generator, if the department determines that the
variance provides at least alternative method will
provide the same level of public health protection as provided
under those provisions
and would require that 30 days prior to
final approval of an alternative method, the department post on the
department's Internet Web site public notice of the pending approval,
including a method for members of the public to comment on the
proposed alternative method .
By changing the
definition of an existing crime, this bill would impose a
state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:
yes no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION. 1. Section 118276 is added to the
Health and Safety Code , to read:
118276. At the request of a treatment facility or large
generator, the department may approve the use of an alternative
method of containerization or storage of medical waste, if the
department determines that the alternative method will provide the
same level of public health protection as existing medical waste
containerization and storage requirements pursuant to this chapter.
Thirty days prior to final approval of an alternative method, the
department shall post on the department's Internet Web site public
notice of the pending approval, including a method for members of the
public to comment on the proposed alternative method.
SECTION 1. Section 117611 is added to the
Health and Safety Code, to read:
117611. The department may grant a treatment facility or large
generator a variance to the waste management treatment, containment,
and storage requirements in Chapter 8 (commencing with Section
118215) and Chapter 9 (commencing with Section 118275) if the
department determines that the variance provides at least the same
level of public health protection as provided under those statutory
provisions.
SEC. 2. No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
