BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1249
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 1249 (Galgiani)
          As Amended  June 17, 2009
          Majority vote
           
           ----------------------------------------------------------------- 
          |ASSEMBLY:  |77-0 |(May 21, 2009)  |SENATE: |32-0 |(September 1,  |
          |           |     |                |        |     |2009)          |
           ----------------------------------------------------------------- 
            
           Original Committee Reference:   AGRI.  

           SUMMARY  :  Creates an exception upon the declaration of a state  
          of emergency or a local emergency, to the rules governing the  
          transportation of dead animals by licensed dead animal haulers  
          (hauler) and, extends the sunset date to January 1, 2016, for  
          the California Department of Food and Agriculture's (CDFA)  
          administration fee for the Inedible Kitchen Grease Program  
          (Program).   

           The Senate Amendments  extend the sunset for the Program and  
          change who may issue the waiver permit to haulers from the State  
          Veterinarian (SV) to the Secretary of CDFA.

           EXISTING LAW  prohibits a hauler or any other person to transport  
          a dead animal anywhere except to:  a licensed rendering plant; a  
          licensed collection center; an animal disease diagnostic  
          laboratory satisfactory to CDFA; the nearest crematory; or, to  
          an approved destination in another state unless a wavier has  
          been granted by the SV under his or her authority to impose a  
          quarantine.  (Food and Agriculture Code Section (FAC) 19348)

          Requires all transporters of grease to register with CDFA and  
          pay a fee of $100 per year (FAC 19311, 19312).  In addition to  
          this registration fee, CDFA is permitted to charge an additional  
          fee to cover the cost of administrating this program, not to  
          exceed $300 per vehicle per year, and not to exceed $3,000 per  
          year per registered transporter.  This additional administration  
          fee authority will sunset July 1, 2010. (FAC 19315)  

           AS PASSED IN THE ASSEMBLY,  this bill created an exception, upon  
          the declaration of a state of emergency or a local emergency,  
          allowing the SV to issue a permit to transport dead animals to a  
          properly permitted landfill under specific conditions.









                                                                  AB 1249
                                                                  Page  2

           FISCAL EFFECT  :  According to the Senate Committee on  
          Appropriations, there are costs up to $240,000 annually, from  
          special funds.  

           COMMENTS  :  During a heat wave in 2006, the central valley  
          experienced a large number of livestock deaths.  These deaths  
          overwhelmed the normal system of dead animal disposal.  The SV  
          used his or her quarantine authority to employ alternative  
          disposal methods and to protect public health.  It is unclear if  
          it is appropriate for the SV to use quarantine authority in this  
          manner.  This bill would give clear authority to the Secretary  
          of CDFA to protect health and safety quickly in an extreme  
          situation.   

           
          Analysis Prepared by  :    Victor Francovich / AGRI. / (916)  
          319-2084 


                                                               FN: 0002339