Texas 2015 - 84th Regular

Texas House Bill HB2244 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Zerwas, Villalba (Senate Sponsor - Creighton) H.B. No. 2244
2		-	(In the Senate - Received from the House April 28, 2015;
3		-	May 4, 2015, read first time and referred to Committee on Natural
4		-	Resources and Economic Development; May 13, 2015, reported
5		-	favorably by the following vote: Yeas 10, Nays 0; May 13, 2015,
6		-	sent to printer.)
7		-	Click here to see the committee vote
	1	+	H.B. No. 2244
8	2
9	3
10		-	A BILL TO BE ENTITLED
11	4		AN ACT
12	5		relating to the regulation of medical waste; adding and amending
13	6		provisions subject to a criminal penalty.
14	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	8		SECTION 1. Section 361.003, Health and Safety Code, is
16	9		amended by adding Subdivisions (14-a) and (18-a) to read as
17	10		follows:
18	11		(14-a) "Health care-related facility" means a
19	12		facility listed under 25 T.A.C. Section 1.134. The term does not
20	13		include:
21	14		(A) a single-family or multifamily dwelling; or
22	15		(B) a hotel, motel, or other establishment that
23	16		provides lodging and related services for the public.
24	17		(18-a) "Medical waste" means treated and untreated
25	18		special waste from health care-related facilities composed of
26	19		animal waste, bulk blood, bulk human blood, bulk human body fluids,
27	20		microbiological waste, pathological waste, and sharps, as those
28	21		terms are defined by 25 T.A.C. Section 1.132, as well as regulated
29	22		medical waste, as that term is defined by 49 C.F.R. Section 173.134.
30	23		The term does not include:
31	24		(A) waste produced on a farm or ranch as defined
32	25		by 34 T.A.C. Section 3.296(f); or
33	26		(B) artificial, nonhuman materials removed from
34	27		a patient and requested by the patient, including orthopedic
35	28		devices and breast implants.
36	29		SECTION 2. Subchapter C, Chapter 361, Health and Safety
37	30		Code, is amended by adding Section 361.0905 to read as follows:
38	31		Sec. 361.0905. REGULATION OF MEDICAL WASTE. (a) The
39	32		commission is responsible under this section for the regulation of
40	33		the handling, transportation, storage, and disposal of medical
41	34		waste.
42	35		(b) The commission shall accomplish the purposes of this
43	36		chapter by requiring a permit, registration, or other authorization
44	37		for and otherwise regulating the handling, storage, disposal, and
45	38		transportation of medical waste. The commission shall adopt rules
46	39		as necessary to accomplish the purposes of this subchapter.
47	40		(c) The commission has the powers and duties specifically
48	41		prescribed by this chapter relating to medical waste regulation and
49	42		all other powers necessary or convenient to carry out those
50	43		responsibilities under this chapter.
51	44		(d) In matters relating to medical waste regulation, the
52	45		commission shall consider water pollution control and water quality
53	46		aspects, air pollution control and ambient air quality aspects, and
54	47		the protection of human health and safety.
55	48		(e) Rules adopted to regulate the operation of municipal
56	49		solid waste storage and processing units apply in the same manner to
57	50		medical waste only to the extent that the rules address:
58	51		(1) permit and registration requirements that can be
59	52		made applicable to a facility that handles medical waste, including
60	53		requirements related to:
61	54		(A) applications;
62	55		(B) site development;
63	56		(C) notice; and
64	57		(D) permit or registration duration and limits;
65	58		(2) minor modifications to permits and registrations,
66	59		including changes in operating hours and buffer zones;
67	60		(3) the reconciliation of conflicting site operation
68	61		plan provisions for a site that conducts activities that require a
69	62		separate permit or authorization;
70	63		(4) waste acceptance and analysis;
71	64		(5) facility-generated waste, including wastewater
72	65		and sludge;
73	66		(6) contaminated water management;
74	67		(7) on-site storage areas for source-separated or
75	68		recyclable materials;
76	69		(8) the storage of waste:
77	70		(A) to prevent the waste from becoming a hazard,
78	71		including a fire hazard, to human health or safety;
79	72		(B) to ensure the use of sufficient containers
80	73		between collections; and
81	74		(C) to prevent the waste from becoming litter;
82	75		(9) closure requirements for storage and processing
83	76		units;
84	77		(10) recordkeeping and reporting requirements, except
85	78		for rules regarding the recordkeeping provisions required to
86	79		justify the levels of recovered recycled products;
87	80		(11) fire protection;
88	81		(12) access control;
89	82		(13) unloading waste;
90	83		(14) spill prevention and control;
91	84		(15) operating hours;
92	85		(16) facility signage;
93	86		(17) control of litter, including windblown material;
94	87		(18) noise pollution and visual screening;
95	88		(19) capacity overloading and mechanical breakdown;
96	89		(20) sanitation, including employee sanitation
97	90		facilities;
98	91		(21) ventilation and air pollution control, except as
99	92		those rules apply to:
100	93		(A) process areas where putrescible waste is
101	94		processed;
102	95		(B) the minimal air exposure for liquid waste;
103	96		and
104	97		(C) the cleaning and maintenance of mobile waste
105	98		processing unit equipment; and
106	99		(22) facility health and safety plans, including
107	100		employee training in health and safety.
108	101		(f) Medical waste facilities, on-site treatment services
109	102		and mobile treatment units that send treated medical waste and
110	103		treated medical waste including sharps or residuals of sharps to a
111	104		solid waste landfill must include a statement to the solid waste
112	105		landfill that the shipment has been treated by an approved method in
113	106		accordance with 25 T.A.C. Section 1.136 (relating to Approved
114	107		Methods of Treatment and Disposition). Home generated wastes are
115	108		exempted from this requirement.
116	109		(g) In a facility that handles medical waste processing or
117	110		storage, the commission shall not require a minimum separating
118	111		distance greater than 25 feet between the processing equipment or
119	112		storage area, and the facility boundary owned or controlled by the
120	113		owner or operator. A medical waste storage unit is not subject to
121	114		this subsection, provided that medical waste contained in transport
122	115		vehicles is refrigerated below 45 degrees if the waste is in the
123	116		vehicle longer than 72 hours. The commission may consider
124	117		alternatives to the buffer zone requirements of this subsection for
125	118		permitted, registered, or otherwise authorized medical waste
126	119		processing and storage facilities.
127	120		SECTION 3. Section 7.141(4), Water Code, is amended to read
128	121		as follows:
129	122		(4) "Medical waste" has the meaning assigned by
130	123		Section 361.003, Health and Safety [includes animal waste, bulk
131	124		blood and blood products, microbiological waste, pathological
132	125		waste, sharps, and special waste from health care-related
133	126		facilities as those terms are defined in 25 T.A.C. Section 1.132
134	127		(Texas Department of Health, Definition, Treatment, and
135	128		Disposition of Special Waste from Health Care-Related Facilities).
136	129		The term does not include medical waste produced on farmland and
137	130		ranchland as defined by Section 252.001(6), Agriculture] Code.
138	131		SECTION 4. Section 361.560, Health and Safety Code, as
139	132		amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
140	133		2015, is repealed.
141	134		SECTION 5. (a) Not later than June 1, 2016, the Texas
142	135		Commission on Environmental Quality shall adopt rules to implement
143	136		the changes in law made by this Act. The rules must be adopted in the
144	137		form of a new chapter of the Texas Administrative Code that includes
145	138		all rules of the commission relating to medical waste regulation.
146	139		(b) Rules adopted to implement the changes in law made by
147	140		this Act must minimize the effect on other rules regulating
148	141		municipal solid waste facilities.
149	142		SECTION 6. A facility that has a permit, registration,
150	143		pending permit application, or other authorization that allows the
151	144		handling of medical waste is not required to comply with the changes
152	145		in law made by this Act until rules adopted by the Texas Commission
153	146		on Environmental Quality to implement the changes in law made by
154	147		this Act take effect. Any change to a permit, registration, or
155	148		other authorization in effect on the effective date of this Act that
156	149		is necessary to implement the changes in law made by this Act may be
157	150		authorized without notice and comment and shall not be referred for
158	151		a contested case proceeding.
159	152		SECTION 7. This Act takes effect immediately if it receives
160	153		a vote of two-thirds of all the members elected to each house, as
161	154		provided by Section 39, Article III, Texas Constitution. If this
162	155		Act does not receive the vote necessary for immediate effect, this
163	156		Act takes effect September 1, 2015.
164		-	* * * * *
	157	+	______________________________ ______________________________
	158	+	President of the Senate Speaker of the House
	159	+	I certify that H.B. No. 2244 was passed by the House on April
	160	+	27, 2015, by the following vote: Yeas 141, Nays 2, 1 present, not
	161	+	voting.
	162	+	______________________________
	163	+	Chief Clerk of the House
	164	+	I certify that H.B. No. 2244 was passed by the Senate on May
	165	+	20, 2015, by the following vote: Yeas 31, Nays 0.
	166	+	______________________________
	167	+	Secretary of the Senate
	168	+	APPROVED: _____________________
	169	+	Date
	170	+	_____________________
	171	+	Governor