Bill Text: CA AB2371 | 2013-2014 | Regular Session | Amended
Bill Title: Pharmaceutical waste management: exemption: over-the-counter drugs and nutritional supplements.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2014-08-13 - From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E.Q. [AB2371 Detail]
Download: California-2013-AB2371-Amended.html
BILL NUMBER: AB 2371 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 13, 2014
AMENDED IN ASSEMBLY APRIL 21, 2014
INTRODUCED BY Assembly Member Mullin
FEBRUARY 21, 2014
An act to amend Sections 41802 and 41821 of, to add
Article 2.5 (commencing with Section 41513) to Chapter 3.5 of Part 2
of Division 30 of, and to repeal Section 41514 of, the Public
Resources Code, relating to solid waste. Section
117748 of the Health and Safety Code, relating to pharmaceutical
waste, and declaring the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 2371, as amended, Mullin. Solid waste: household
hazardous waste. Pharmaceutical waste management:
exemption: over-the-counter drugs and nutritional supplements.
(1) Existing law, the Medical Waste Management Act, administered
by the State Department of Public Health, regulates the management,
handling, and disposal of medical waste, as defined, including
pharmaceutical waste. Existing law, for purposes of the act, defines
"pharmaceutical waste" as a prescription or over-the counter human or
veterinary drug, as specified, that is waste, as defined, but
excludes from that definition certain pharmaceuticals being sent out
of state to a reverse distributor, or being sent by a reverse
distributor offsite for treatment and disposal, as prescribed.
This bill would additionally exclude from the definition of
"pharmaceutical waste," for purposes of regulation under the act, any
over-the-counter human or veterinary drug or dietary supplement that
is, among other things, characterized and managed as a hazardous or
solid waste and, with respect to an over-the-counter human or
veterinary drug, is not disposed of on land within the state.
This bill would declare that it is to take effect immediately as
an urgency statute.
(1) The California Integrated Waste Management Act of 1989, which
is administered by the Department of Resources Recycling and
Recovery, requires, among other things, each city and each county to
prepare a household hazardous waste element containing specified
components and to submit that element to the department for approval.
Existing law requires the department to approve the element if the
local agency demonstrates that it will comply with specified
requirements. A city or county is required to submit an annual report
to the department summarizing its progress in reducing solid waste,
including an update of the jurisdiction's household hazardous waste
element.
This bill would require each jurisdiction, subject to those
requirements, no later than January 1, 2016, to review its household
hazardous waste element and program to determine its effectiveness in
the collection, recycling, treatment, and disposal of household
hazardous waste, as prescribed. The bill would further require the
department, on or before January 1, 2017, to submit a report to the
Legislature that analyzes the effectiveness of the state's household
hazardous waste management system, including specified information.
The bill would require, as a condition of approval of a household
hazardous waste element, that the local agency demonstrate that it
will give priority to methods that make the recycling and disposal of
household hazardous waste more convenient, as defined, for the
public. The bill would make changes relating to the annual reporting
of a jurisdiction's methods and programs for the recycling and
disposing of household hazardous waste. By imposing new duties on
cities and counties with regard to the review of its household waste
reduction and recycling element, the bill would impose a
state-mandated local program.
(2)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 2/3 . 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 117748 of the Health
and Safety Code is amended to read:
117748. (a) "Pharmaceutical waste" means any pharmaceutical, as
defined in Section 117747, that is a waste, as defined in Section
25124.
(b) For purposes of this part, "pharmaceutical waste" does not
include any pharmaceutical that meets either
any of the following criteria:
(1) The pharmaceutical is being sent out of the State of
California to a reverse distributor, as defined in Section 4040.5 of
the Business and Professions Code, that is licensed as a wholesaler
of dangerous drugs by the California State Board of Pharmacy pursuant
to Section 4161 of the Business and Professions Code.
(2) The pharmaceutical is being sent by a reverse distributor, as
defined in Section 4040.5 of the Business and Professions Code,
offsite for treatment and disposal in accordance with applicable
laws, or to a reverse distributor that is licensed as a wholesaler of
dangerous drugs by the California State Board of Pharmacy pursuant
to Section 4160 of the Business and Professions Code and as a
permitted transfer station if the reverse distributor is located
within the State of California.
(3) The pharmaceutical is an over-the-counter human or veterinary
drug or dietary supplement that meets the following requirements:
(A) Is offered for sale without a prescription.
(B) Is labeled with information entitled "Drug Facts" or
"Supplement Facts," in accordance with the requirements of the
Federal Food, Drug, and Cosmetic Act, as amended, (21 U.S.C.A. Sec.
321 et seq.).
(C) Is characterized and managed as either a hazardous waste
pursuant to Chapter 6.5 (commencing with Section 25100) of Division
20, or a solid waste pursuant to Division 30 (commencing with Section
40000) of the Public Resources Code.
(D) With respect to an over-the-counter human or veterinary drug,
is not disposed of on land within the state.
SEC. 2. This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
In order to make statutory changes needed to exempt
over-the-counter-human and veterinary drugs and dietary supplements
from laws regulating the management, handling, and disposal of
medical waste, as soon as possible, it is necessary that this act
take effect immediately.
SECTION 1. Article 2.5 (commencing with Section
41513) is added to Chapter 3.5 of Part 2 of Division 30 of the
Public Resources Code, to read:
Article 2.5. Household Hazardous Waste Reporting
41513. (a) Each jurisdiction subject to the requirements of
Section 41500 or 41510 shall, no later than January 1, 2016, review
its household waste element and program to determine its
effectiveness in the collection, recycling, treatment, and disposal
of household hazardous waste. The jurisdiction shall consider
information it submits annually to the department pursuant to Article
6.3 (commencing with Section 18750) of Chapter 9 of Division 7 of
Title 14 of the California Code of Regulations, and any other
information it deems appropriate.
(b) The jurisdiction's review shall do all of the following:
(1) Analyze the extent to which its household hazardous waste
program is convenient to the public.
(2) Identify barriers to the convenient recycling and disposal of
household hazardous waste.
(3) Identify feasible methods to overcome those barriers and make
it more convenient, as described in subdivision (d), for the public
to recycle and dispose of household hazardous waste in a safe and
legal manner.
(c) Each jurisdiction shall include the findings from its review
in the first report it submits to the department on or after January
1, 2016, pursuant to Section 41821.
(d) For purposes of this article, "more convenient" means a
measure to improve the opportunity for residential customers to
properly recycle or dispose of household hazardous waste, including,
but not limited to, increased availability or ease of access to
household hazardous waste collection centers or collection events,
the availability of door-to-door or curbside collection services, and
other measures that will demonstrably increase the amount of
household hazardous waste properly managed, as determined by
jurisdictions or the department, pursuant to this article.
41514. (a) On or before January 1, 2017, the department shall
submit a report to the Legislature, in the matter provided in Section
9795 of the Government Code, that analyzes the effectiveness of the
state's household hazardous waste management system, including, but
not limited to, rates of collection and recycling of household
hazardous waste, and identifies all of the following:
(1) Barriers to increased recycling of household hazardous waste.
(2) Disincentives to the legal disposal of household hazardous
waste.
(3) The extent to which methods and programs have been implemented
in the state to reduce disincentives to the legal disposal of
household hazardous waste.
(4) The role that convenience for the public plays in increasing
rates of collection and disposal of household hazardous waste in a
safe and legal manner.
(5) Recommendations to increase the safe, legal, and convenient
collection and disposal of household hazardous waste.
(b) This section is repealed on January 1, 2019 pursuant to
Section 10231.5 of the Government Code.
SEC. 2. Section 41802 of the Public Resources
Code is amended to read:
41802. (a) Within 120 days from the date of receipt of a
household hazardous waste element, the department shall approve or
disapprove the element.
(b) The department shall not disapprove a household hazardous
waste element if the local agency preparing the element demonstrates
to the department that, in implementing the household hazardous waste
element, the local agency will comply with all of the following
requirements:
(1) The local agency will use feasible methods to properly reduce,
collect, recycle, treat, and dispose of household hazardous waste
generated within its jurisdiction.
(2) The local agency will give priority to those methods that make
recycling and disposal of household hazardous waste more convenient
for the public.
(3) The local agency will devote reasonable expenditures to the
safe reduction, collection, recycling, treatment, and disposal of
household hazardous waste, relative to the other expenditures
required by this division, and relative to the expenditures for
household hazardous waste programs that were awarded grants of funds
pursuant to Section 46401 as it read on January 1, 1993.
(4) The local agency will make all reasonable efforts to inform
the public of, and to encourage public participation in, the
household hazardous waste program.
(5) Regardless of the number of household hazardous waste
collection events held each year by a local agency, or the actual
number of households served, the collection program is available for
use by all households within the jurisdiction of the local agency,
and provides a safe alternative for all residents within the
jurisdiction of the local agency to properly and safely dispose of
household hazardous waste.
(c) (1) In determining whether a local agency meets the conditions
for approval of a household hazardous waste element set forth in
subdivision (b), the department shall consider the geographic size
and population of the city or county and the quantity of household
hazardous waste generated within the jurisdiction of the city or
county.
(2) The department may provide an exemption from the requirements
of subdivision (b) if a city, county, or a regional agency
demonstrates, and the department concurs, that compliance with those
requirements is not feasible due to the small geographic size of the
city, county, or regional agency and the small quantity of solid
waste generated within the city, county, or regional agency. The
department may establish alternative, but less comprehensive,
requirements for those cities, counties, or regional agencies to
ensure compliance with this division.
SEC. 3. Section 41821 of the Public Resources
Code is amended to read:
41821. (a) (1) Each year following the department's approval of a
jurisdiction's source reduction and recycling element, household
hazardous waste element, and nondisposal facility element, the
jurisdiction shall submit a report to the department summarizing its
progress in reducing solid waste as required by Section 41780, in
accordance with the schedule set forth in this subdivision.
(2) The annual report shall be due on or before August 1 of the
year following department approval of the source reduction and
recycling element, the household hazardous waste element, and the
nondisposal facility element, and on or before August 1 in each
subsequent year. The information in this report shall encompass the
previous calendar year, January 1 to December 31, inclusive.
(b) Each jurisdiction's annual report to the department shall, at
a minimum, include the following:
(1) Calculations of annual disposal reduction.
(2) A summary of progress made in implementing the source
reduction and recycling element and the household hazardous waste
element.
(3) An update of the jurisdiction's source reduction and recycling
element to include any new or expanded programs the jurisdiction has
implemented or plans to implement.
(4) An update on the jurisdiction's household hazardous waste
element, including, but not limited to, findings included in the
review produced pursuant to Section 41513 and new methods or programs
the jurisdiction has implemented to increase the convenience of the
public to recycle and dispose of household hazardous waste in a safe
and legal manner.
(5) An update of the jurisdiction's nondisposal facility element
to reflect any new or expanded nondisposal facilities the
jurisdiction is using or planning to use.
(6) A summary of progress made in diversion of construction and
demolition of waste material, including information on programs and
ordinances implemented by the local government and quantitative data,
where available.
(7) Other information relevant to compliance with Section 41780.
(c) A jurisdiction may also include, in the report required by
this section, all of the following:
(1) Information on disposal reported pursuant to Section 41821.5
that the jurisdiction believes may be relevant to the department's
determination of the jurisdiction's per capita disposal rate.
(2) Disposal characterization studies or other completed studies
that show the effectiveness of the programs being implemented.
(3) Factors that the jurisdiction believes would affect the
accuracy of, or mitigate the amount of, solid waste disposed by the
jurisdiction, including, but not limited to, either of the following:
(A) Whether the jurisdiction hosts a solid waste facility or
regional diversion facility.
(B) The effects of self-hauled waste and construction and
demolition waste.
(4) The extent to which the jurisdiction previously relied on
biomass diversion credit and the extent to which it may be impacted
by the lack of the credit.
(5) Information regarding the programs the jurisdiction is
undertaking to address specific disposal challenges, and why it is
not feasible to implement programs to respond to other factors that
affect the amount of waste that is disposed.
(6) Other information that describes the good faith efforts of the
jurisdiction to comply with Section 41780.
(d) The department shall use, but is not limited to the use of,
the annual report in the determination of whether the jurisdiction's
source reduction and recycling element needs to be revised or
updated.
(e) (1) The department shall adopt procedures for requiring
additional information in a jurisdiction's annual report. The
procedures shall require the department to notify a jurisdiction of
any additional required information no later than 120 days after the
department receives the report from the jurisdiction.
(2) Paragraph (1) does not prohibit the department from making
additional requests for information in a timely manner. A
jurisdiction receiving a request for information shall respond in a
timely manner.
(3) If the schedule for the submission of an annual report by a
jurisdiction does not correspond with the scheduled review by the
department specified in subdivision (a) of Section 41825, the
department shall utilize the information contained in the annual
report to assist the department in providing technical assistance and
reviewing the jurisdiction's diversion program implementation.
(f) The department shall adopt procedures for conferring with a
jurisdiction regarding the implementation of its diversion programs.
(g) Notwithstanding the Uniform Electronic Transactions Act (
Title 2.5 (commencing with Section 1633.1) of Part 2 of Division 3
of the Civil Code), a jurisdiction shall submit the progress report
required by this section to the department electronically, using the
department's electronic reporting format system.
(h) Notwithstanding the reporting schedule required by this
section, and in addition to the review required by Section 41825, the
board shall visit each jurisdiction not less than once each year to
monitor the jurisdiction's implementation and maintenance of its
diversion programs.
SEC. 4. No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because a local agency or school district has the
authority to levy service charges, fees, or assessments sufficient to
pay for the program or level of service mandated by this act, within
the meaning of Section 17556 of the Government Code.
