BILL NUMBER: SB 26 AMENDED
BILL TEXT
AMENDED IN SENATE JANUARY 20, 2010
AMENDED IN SENATE APRIL 15, 2009
INTRODUCED BY Senator Simitian
DECEMBER 1, 2008
An act to add Sections 4001.2, 4068.1, and 4146 to the
Business and Professions Code, to amend Sections 117700, 118000,
118040, and 118147 of, and to add Sections 117669, 117748, 117904.5,
118031, and 118041 to, the Health and Safety Code, and to amend
Section 47200 of the Public Resources Code, relating to
pharmaceutical waste. An act to amend Section 48652 of
the Public Resources Code, relating to recycling.
LEGISLATIVE COUNSEL'S DIGEST
SB 26, as amended, Simitian. Home-generated
pharmaceutical waste. Recycling: used lubricating oil:
rerefining incentive.
The California Oil Recycling Enhancement Act, administered by the
Department of Resources Recycling and Recovery, establishes the used
oil recycling program, consisting of, among other things, a recycling
incentive system. The act requires the department, on and after
January 1, 2013, to pay a rerefining incentive to certain recycling
facilities that produce rerefined base lubricants meeting specified
requirements and requires the department to set the amount of the
rerefining incentive, on and after January 1, 2014, at $0.02 per
gallon.
The act generally imposes charges on oil manufacturers and
manufacturers of finished lubricants and requires the department to
deposit the charges in the California Used Oil Recycling Fund, which
is continuously appropriated to the department to pay, among other
things, those rerefining incentives.
This bill would make technical nonsubstantive changes to that
provision.
The existing Pharmacy Law establishes the California State Board
of Pharmacy, prescribes the licensing, regulatory, and disciplinary
functions of the board, and authorizes the board to adopt rules and
regulations necessary to administer laws governing the operation of
pharmacies and the dispensing of drugs and devices to the public.
This bill would require the board to coordinate with other state
agencies, local governments, drug manufacturers, and pharmacies to
develop sustainable, efficient policies and programs to manage
pharmaceutical wastes and the disposal of devices. The bill would
authorize a pharmacy to accept the return of home-generated
pharmaceutical waste and home-generated sharps waste, as defined.
Existing law, the California Integrated Waste Management Act of
1989, requires the California Integrated Waste Management Board to
adopt regulations that set forth minimum standards for solid waste
management and require assurance of financial ability to pay for
specified injury and property damage claims resulting from the
operation of a disposal facility. The act requires the board to
expend moneys from the Solid Waste Management Account in the
Integrated Waste Management Fund, upon appropriation by the
Legislature, for the making of grants to cities, counties, or other
local agencies with responsibility for solid waste management, and
for local programs to help prevent the disposal of hazardous wastes
at disposal sites, as provided.
This bill would require that local programs to help prevent the
disposal of home-generated sharps waste and home-generated
pharmaceutical waste at disposal sites also be included among the
types of local programs that may be funded by such a grant.
Existing law, the Medical Waste Management Act, requires the State
Department of Public Health to regulate the management and handling
of medical waste, as defined. Under existing law, certain items, such
as household waste, are specifically excluded from the definition of
medical waste.
This bill would also exclude home-generated pharmaceutical waste,
as defined, from the definition of medical waste.
Existing law regulates the methods of consolidating, storing, and
transporting medical waste and home-generated sharps waste. Violation
of these provisions is a crime.
This bill would regulate consolidation points for home-generated
pharmaceutical waste, as defined, as well as transportation and
disposal of that waste. By expanding the definition of a 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
no . State-mandated local program: yes
no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 48652 of the Public
Resources Code is amended to read:
48652. (a) Except as provided in subdivision (d), the
board department shall set the recycling
incentive at not less than ten cents ($0.10) per quart. The
board department may set the amount at an amount
higher than ten cents ($0.10) if the board
department determines that a higher amount is necessary to
promote the collection and recycling of used lubricating oil and
sufficient funds are available in the fund.
(b) On and after January 1, 2014, the board
department shall set the rerefining incentive at not less
than two cents ($0.02) per gallon. On and after January 1, 2015, the
board department may set the rerefining
incentive at a higher amount if the board
department determines that a higher amount is necessary to
promote rerefining of used lubricating
rerefined oil and sufficient funds are available in the fund.
(c) The board department shall not
change the amount of an incentive paid pursuant to this section until
at least one year has passed since the amount was last set. The
amount of an incentive paid by the board
department shall remain at the previous amount for one month
after setting the incentive at a different amount. The board
department shall not raise the amount of an
incentive paid unless it finds that the raise will not adversely
affect funding required pursuant to Sections 48631, 48653, and
48660.5.
(d) The board department shall set
the recycling incentive for used lubricating oil generated
by a certified used oil collection center and an industrial
generator at not less than four cents ($0.04) per quart. The
board department may set the amount higher than
four cents ($0.04) , if the board
department determines that a higher amount is
necessary to promote the collection and recycling of used
lubricating oil from these generators and sufficient funds are
available.
(e) For purposes of this section, "department" means the
Department of Resources Recycling and Recovery. All matter
omitted in this version of the bill appears in the bill as amended in
the Senate, April 15, 2009. (JR11)