84R7084 SLB-F
 
  By: Zerwas H.B. No. 2244
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the regulation of medical waste.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 361.003, Health and Safety Code, is
  amended by adding Subdivision (18-a) to read as follows:
               (18-a)  "Medical waste" has the meaning assigned to the
  term "special waste from health care-related facilities" by
  Department of State Health Services rule and includes animal waste,
  bulk blood, bulk human blood products, bulk human body fluids,
  microbiological waste, pathological waste, and sharps. The term
  does not include:
                     (A)  waste produced on a farm or ranch as defined
  by Section 151.316, Tax Code; or
                     (B)  artificial, nonhuman materials removed from
  a patient and requested by the patient, including orthopedic
  devices and breast implants.
         SECTION 2.  Subchapter C, Chapter 361, Health and Safety
  Code, is amended by adding Section 361.0905 to read as follows:
         Sec. 361.0905.  REGULATION OF MEDICAL WASTE. (a)  The
  commission is responsible under this section for the regulation of
  the handling, transportation, storage, and disposal of medical
  waste.
         (b)  The commission shall accomplish the purposes of this
  chapter by requiring a permit, registration, or other authorization
  for and otherwise regulating the handling, storage, disposal, and
  transportation of medical waste.
         (c)  The commission has the powers and duties specifically
  prescribed by this chapter relating to medical waste regulation and
  all other powers necessary or convenient to carry out those
  responsibilities under this chapter.
         (d)  In matters relating to medical waste regulation, the
  commission shall consider water pollution control and water quality
  aspects, air pollution control and ambient air quality aspects, and
  the protection of human health and safety.
         (e)  Rules adopted to regulate the operation of municipal
  solid waste storage and processing units apply in the same manner to
  medical waste only to the extent that the rules address:
               (1)  the reconciliation of conflicting site operation
  plan provisions for a site that conducts activities that require a
  separate permit or authorization;
               (2)  waste acceptance and analysis;
               (3)  facility-generated waste, including wastewater
  and sludge;
               (4)  contaminated water management;
               (5)  on-site storage areas for source-separated or
  recyclable materials;
               (6)  the storage of waste:
                     (A)  to prevent the waste from becoming a hazard,
  including a fire hazard, to human health or safety;
                     (B)  to ensure the use of sufficient containers
  between collections; and
                     (C)  to prevent the waste from becoming litter;
               (7)  approved waste containers for facilities that
  receive animal and plant health inspection service waste;
               (8)  recordkeeping and reporting requirements, except
  for rules regarding the recordkeeping provisions required to
  justify the levels of recovered recycled products;
               (9)  fire protection;
               (10)  access control;
               (11)  unloading waste;
               (12)  spill prevention and control;
               (13)  operating hours;
               (14)  facility signage;
               (15)  control of litter, including windblown material;
               (16)  facility access roads;
               (17)  noise pollution and visual screening;
               (18)  capacity overloading and mechanical breakdown;
               (19)  sanitation, including employee sanitation
  facilities;
               (20)  ventilation and air pollution control, except as
  those rules apply to:
                     (A)  process areas where putrescible waste is
  processed;
                     (B)  the minimal air exposure for liquid waste;
  and
                     (C)  the cleaning and maintenance of mobile waste
  processing unit equipment; and
               (21)  facility health and safety plans, including
  employee training in health and safety.
         (f)  In a facility that handles medical waste, processing
  equipment and transfer activities shall be located not less than 25
  feet from the facility boundary.  A medical waste storage unit is
  not subject to this subsection, provided that medical waste
  contained in transport vehicles is refrigerated below 45 degrees if
  the waste is in the vehicle longer than 72 hours.  The commission
  may adopt alternatives to the requirements of this subsection for
  permitted, registered, or otherwise authorized medical waste
  processing facilities.
         (g)  A generator of medical waste shall affix to each
  container, other than a container intended for transport by the
  United States Postal Service or other common carrier, a label that
  contains:
               (1)  the name and address of the generator;
               (2)  the contents of the container; and
               (3)  either:
                     (A)  the date of the shipment; or
                     (B)  the identification number of the shipment.
         (h)  The commission by rule shall exempt from notice and
  public comment requirements certain modifications to a permit,
  registration, or other authorization for a facility that handles
  medical waste, including modifications relating to operating hours
  and other minor modifications, as determined by the commission.
         SECTION 3.  Section 7.141(4), Water Code, is amended to read
  as follows:
               (4)  "Medical waste" has the meaning assigned by
  Section 361.003, Health and Safety [includes animal waste, bulk
  blood and blood products, microbiological waste, pathological
  waste, sharps, and special waste from health care-related
  facilities as those terms are defined in 25 T.A.C. Section 1.132
  (Texas Department of Health, Definition, Treatment, and
  Disposition of Special Waste from Health Care-Related Facilities).  
  The term does not include medical waste produced on farmland and
  ranchland as defined by Section 252.001(6), Agriculture] Code.
         SECTION 4.  Section 361.560, Health and Safety Code, is
  repealed.
         SECTION 5.  A facility that has a permit, registration,
  pending permit application, or other authorization that allows the
  handling of medical waste is not required to comply with the changes
  in law made by this Act until rules adopted by the Texas Commission
  on Environmental Quality to implement the changes in law made by
  this Act take effect.  Any change to a permit, registration, or
  other authorization in effect on the effective date of this Act that
  is necessary to implement the changes in law made by this Act may be
  authorized without notice and comment and may not be referred for a
  contested case proceeding.
         SECTION 6.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2015.