BILL NUMBER: AB 1249	ENROLLED
	BILL TEXT

	PASSED THE SENATE  SEPTEMBER 1, 2009
	PASSED THE ASSEMBLY  SEPTEMBER 3, 2009
	AMENDED IN SENATE  JUNE 17, 2009

INTRODUCED BY   Assembly Member Galgiani

                        FEBRUARY 27, 2009

   An act to amend Sections 19315 and 19348 of the Food and
Agricultural Code, relating to animals, and making an appropriation
therefor.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1249, Galgiani. Inedible kitchen grease transporters: dead
animal haulers.
   (1) Existing law regulates transporters of inedible kitchen
grease, and requires those transporters to be registered and pay a
specified registration fee. Existing law also authorizes the
Department of Food and Agriculture to assess an additional fee on
transporters of inedible kitchen grease, as specified, for purposes
of administering the provisions regulating these transporters. Under
existing law, this additional fee authority will become inoperative
on July 1, 2010, and will be repealed on January 1, 2011. Other
provisions of existing law make a violation of these provisions a
crime and require the funds collected to be deposited into the
continuously appropriated Food and Agriculture Fund.
   This bill would extend the operation of these provisions until
July 1, 2015, and would repeal them on January 1, 2016. By extending
the operation of an existing crime, this bill would impose a
state-mandated local program.
   By extending the operation of these provisions of law requiring
collection and deposit of funds into a continuously appropriated
fund, this bill would make an appropriation.
   (2) Existing law prohibits a dead animal hauler or any other
person from transporting any dead animal to any place, other than to
certain specified facilities or destinations, unless a certain waiver
is granted by the State Veterinarian. Existing law makes a violation
of these provisions a crime.
   This bill would also make that prohibition inapplicable when a
waiver is granted by the State Veterinarian in conjunction with
implementation of a state of emergency or local emergency, as
defined. The bill would authorize the Secretary of Food and
Agriculture to issue a master or individual permit to a licensed
renderer, collection center, or dead animal hauler for the purpose of
authorizing transport of a dead animal to an appropriately permitted
landfill under certain circumstances.
   (3) 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.
   Appropriation: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature hereby finds and declares all of the
following:
   (a) The rendering industry is a critical health and safety
infrastructure for California. Rendering is an effective tool to
eliminate many human and animal disease pathogens, protects our
groundwater and air resources, and greatly reduces greenhouse gas
emissions compared to other alternative disposal options.
   (b) Rendering is the process of recycling waste animal tissue into
stable, value-added materials. Every year rendering recycles
approximately 59 billion pounds of perishable material generated by
the livestock and poultry meat and poultry processing, food
processing, supermarket, and restaurant industries. The rendering
industry turns this material into valuable ingredients such as
biofuels, various soaps, paints and varnishes, cosmetics, explosives,
toothpaste, pharmaceuticals, leather, textiles, and lubricants used
daily in most households.
   (c) Following a heat wave in California's San Joaquin Valley where
thousands of livestock perished, overwhelming our carcass handling
infrastructure, the Department of Food and Agriculture (DFA) and the
California Environmental Protection Agency (CalEPA) formed the
Emergency Animal Disposal Workgroup. The mission of the workgroup is
to make recommendations in regards to improvement of any legal,
procedural, technical, or other issues related to the existing
emergency animal disposal structure to streamline emergency animal
carcass disposal while protecting public health, animal health, and
the environment. The workgroup is cochaired by DFA and CalEPA and has
members who represent local, state, and federal government agencies,
animal agriculture, renderers, and the waste management industry.
  SEC. 2.  Section 19315 of the Food and Agricultural Code is amended
to read:
   19315.  (a) Except as provided in subdivision (b), in addition to
the registration fee required by Section 19312, the department may
charge a fee necessary to cover the costs of administering this
article. Any additional fee charged pursuant to this section shall
not exceed three hundred dollars ($300) per year per vehicle that is
operated to transport kitchen grease, and shall not exceed three
thousand dollars ($3,000) per year per registered transporter.
   (b) An individual registered pursuant to this article who
transports inedible kitchen grease for his or her own personal,
noncommercial use as an alternative fuel is exempt from 75 percent of
the fee charged pursuant to subdivision (a), and shall meet all of
the following requirements:
   (1) The individual shall meet all other requirements of this
article.
   (2) The individual shall not transport more than 55 gallons of
inedible kitchen grease per load for that purpose, and shall have no
more than 165 gallons of inedible kitchen grease in his or her
possession or control at any time.
   (3) The individual shall not take any inedible kitchen grease from
a container owned by another registered transporter of inedible
kitchen grease or from an inedible kitchen grease provider under
contract with a registered transporter of inedible kitchen grease or
from a container owned by a renderer or collection center.
   (4) The individual shall have a document in his or her possession
while transporting inedible kitchen grease signed by the responsible
party providing the inedible kitchen grease to the individual at the
source of the inedible kitchen grease that provides permission for
the inedible kitchen grease to be removed from that site.
   (5) The individual shall specify where the inedible kitchen grease
is stored and processed as an alternative fuel, if that address is
different from the address included on the registration form for that
individual pursuant to Section 19312.
   (6) The individual shall not sell, barter, or trade any inedible
kitchen grease.
   (c) The secretary shall fix the annual fee established pursuant to
this section and may fix different fees for transporters of inedible
kitchen grease and collection centers, and for transporters of
interceptor grease. The secretary shall also fix the date the fee is
due and the method of collecting the fee. If an additional fee is
imposed on licensed renderers pursuant to subdivision (a) of Section
19227 and an additional fee is imposed on registered transporters
pursuant to subdivision (a), only one additional fee may be imposed
on a person or firm that is both licensed as a renderer pursuant to
Article 6 (commencing with Section 19300) and registered as a
transporter of inedible kitchen grease pursuant to this article,
which fee shall be the higher of the two fees.
   (d) If the fee established pursuant to this section is not paid
within one calendar month of the date it is due, a penalty shall be
imposed in the amount of 10 percent per annum on the amount of the
unpaid fee.
   (e) This section shall become inoperative on July 1, 2015, and, as
of January 1, 2016, is repealed, unless a later enacted statute,
which becomes effective on or before January 1, 2016, deletes or
extends the dates on which it becomes inoperative and is repealed.
   (f) For the purposes of this section, "interceptor grease" means
inedible kitchen grease that is principally derived from food
preparation, processing, or waste, and that is removed from a grease
trap or grease interceptor.
  SEC. 3.  Section 19348 of the Food and Agricultural Code is amended
to read:
   19348.  (a) Unless a waiver is granted by the State Veterinarian
in conjunction with implementation of Section 9562 or a declaration
of a state of emergency or local emergency, as defined in
subdivisions (b) and (c) of Section 8558 of the Government Code,
pursuant to the California Emergency Services Act (Chapter 7
(commencing with Section 8550) of Division 1 of Title 2 of the
Government Code), no dead animal hauler or any other person shall
transport any dead animal to any place, other than to a licensed
rendering plant, a licensed collection center, an animal disease
diagnostic laboratory acceptable to the department, the nearest
crematory, or to a destination in another state that has been
approved for that purpose by the appropriate authorities in that
state.
   (b) The secretary may issue a master or individual permit to a
licensed renderer, collection center, or dead animal hauler for the
purpose of authorizing transport of a dead animal to an appropriately
permitted landfill under either of the following circumstances:
   (1) During a proclaimed state of emergency or local emergency, as
defined in subdivisions (b) and (c) of Section 8558 of the Government
Code.
   (2) When the licensed hauler has certification from a licensed
renderer, that the licensed renderer cannot process the dead animal
due to operational conditions or legal or regulatory requirements or
constraints. The certification shall be in a form approved by the
department and, for purposes of this paragraph, "licensed hauler"
shall include licensed collection centers and renderers.
   (c) Nothing in this section shall be interpreted to conflict with
any state or federal environmental or zoning law, or to prohibit an
owner of a live animal from burying the animal on the owner's
property after the animal dies if the burial is within three miles of
where the animal died.
   (d) Subdivision (a) does not apply to the Department of
Transportation or to local agencies having jurisdiction over a road
or highway when engaged in removing animal carcasses from the road or
highway.
  SEC. 4.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.