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