HOUSE BILL REPORT

HB 2388

BYRepresentatives Rust, D. Sommers, Sprenkle, Holland, Jacobsen, Anderson, Crane, Prentice, Pruitt, Van Luven, Wood, Phillips, Ferguson and Brekke; by request of Department of Ecology

Regulating infectious waste.

House Committe on Environmental Affairs

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (10)

      Signed by Representatives Rust, Chair; Valle, Vice Chair; D. Sommers, Ranking Republican Member; G. Fisher, Fraser, Phillips, Pruitt, Sprenkle, Van Luven and Walker.

House Staff:Rick Anderson (786-7114)

Rereferred House Committee on Appropriations

Majority Report:  The substitute bill by Committee on Environmental Affairs be substituted therefor and the substitute bill as amended by Committee on Appropriations do pass.  (22)

      Signed by Representatives Locke, Chair; Grant, Vice Chair; H. Sommers, Vice Chair; Belcher, Braddock, Brekke, Dorn, Doty, Ebersole, Ferguson, Hine, Inslee, May, McLean, Nealey, Peery, Rust, Spanel, Sprenkle, Valle, Wang and Wineberry

Minority Report:  Do not pass.  (3)

      Signed by Representatives Silver, Ranking Republican Member; Youngsman, Assistant Ranking Republican Member and Bowman.

House Staff:      Nancy Stevenson (786-7137)

AS REPORTED BY COMMITTEE ON APPROPRIATIONS FEBRUARY 5, 1990

BACKGROUND:

Currently, there are no state laws regulating the handling, storage, or disposal of infectious waste.  However, some counties are currently regulating infectious waste through local ordinances.  Infectious wastes are generally defined as those wastes capable of producing an infectious disease.

Legislation enacted in 1988, required the Department of Ecology to assess the potential health risks posed by wastes generated at various types of health care facilities.  The department has recently issued its report recommending, in part, that the generation, storage, handling, and treatment of infectious wastes be comprehensively regulated, except for those wastes generated at residences.  The report also recommends funding the regulatory activities through a tax on disposable medical products.

SUMMARY:

SUBSTITUTE BILL:  Each person generating, storing, or treating infectious waste must prepare an infectious waste management plan.  Persons generating infectious waste in their home are not required to prepare a plan.  The plan will describe the quantity of infectious waste generated and the procedures in place to manage it.  Additional plan requirements within a facility must be developed by the department and a subcommittee of the state Solid Waste Advisory Committee (subcommittee).

Persons storing, treating, or incinerating infectious waste must obtain a permit from the Department of Ecology, and pay a fee as required by the department.  The permit is valid for up to five years.  Provisions are made to allow local health jurisdictions to include restrictions on the permit.

By January, 1992, the Department of Ecology must adopt standards for issuing permits and for storing, transporting, incinerating, and disposing of infectious waste.  The department must develop rules in conjunction with the subcommittee. The department may adopt rules to exclude certain categories of waste from the rules relating to infectious waste. The state definition of infectious waste preempts local definitions.

County and city infectious waste ordinances in effect before July 1, 1990, will not be superseded by state regulations.  The department must enter into interagency and interlocal agreements to minimize duplication of enforcement.  Local health jurisdictions can opt to become the lead enforcement entity by adopting a local ordinance. A civil penalty of up to $250 per day is established for noncompliance with the provisions established in this legislation.

The Department of Ecology may conduct studies, develop model plans for infectious waste generators, provide technical assistance, and inspect facilities that generate, store, or treat infectious waste.

By June 30, 1991, the department and the subcommittee must recommend a funding source to the Legislature to implement technical assistance, inspections, and other enforcement activities.  An infectious waste management account is created in the state treasury.  The account will contain funds collected from permit fees and appropriated by the Legislature.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  The substitute creates a subcommittee of the state Solid Waste Advisory Committee to assist the department in developing rules and standards for the regulation of infectious waste.

The substitute requires the department to enter into interagency and interlocal agreement to avoid regulatory duplication.  The state definition of infectious waste preempts local definitions of infectious waste.  The substitute bill reduces penalties from $10,000 per day to $250 per day.

The substitute deletes studies on worker safety, waste reduction, and ash content of incinerated infectious waste.  The substitute also deletes the funding mechanism present in the original bill, a surcharge on the state solid waste collection tax.  The substitute requires the department to make recommendations to the Legislature on a funding source by June 30, 1991, and to adopt its rules by January, 1992.

CHANGES PROPOSED BY COMMITTEE ON APPROPRIATIONS (AMENDMENT):  Requires the Department of Ecology to develop funding recommendations for the infectious wastes regulatory program by December, 1990, instead of June 30, 1991.

Fiscal Note:      Requested February 2, 1990.

Effective Date:The bill takes effect on July 1, 1990.

House Committee ‑ Testified For:    (Environmental Affairs) Terry Husseman, Department of Ecology.

(Appropriations) Terry Husseman, Department of Ecology.

House Committee - Testified Against:      (Environmental Affairs) Maribeth O'Connor, Group Health; Linda Christophersen, Washington State Dental Association; Susie Tracy, Washington State Medical Association; Becky Bogard, Medical Lab Group; and Joan Gaumer, Washington Health Care Association.

(Appropriations) No one.

House Committee - Testimony For:    (Environmental Affairs) While no cases of disease transmission have been identified, infectious waste is a potential threat to public health.

(Appropriations) Allows Department of Ecology to develop a public education program and initiate rule development regarding infectious wastes.

House Committee - Testimony Against:      (Environmental Affairs) Allowing local governments to preempt the state's infectious waste rules will create confusion and add cost to the management of infectious waste.

(Appropriations) None.