BILL ANALYSIS
SB 1138
Page 1
Date of Hearing: June 16, 2010
ASSEMBLY COMMITTEE ON AGRICULTURE
Cathleen Galgiani, Chair
SB 1138 (Cedillo) - As Amended: April 27, 2010
SENATE VOTE : 28-0
SUBJECT : Rendering and pet food: Rendering Industry Advisory
Board.
SUMMARY : Creates the Rendering Industry Advisory Board (RIAB)
consisting of nine members appointed by the Secretary of the
California Department of Food and Agriculture (CDFA), and
specifies their duties and responsibilities. Specifically, this
bill :
1)Creates RIAB, consisting of nine appointees by CDFA, of which
seven are required to be subject to the licensure by CDFA's
rendering program, including but not limited to, renderers,
dead haulers, and transporters of inedible kitchen grease.
Two appointees shall be public members and any vacancies shall
be filled by CDFA. RIAB members shall not receive a salary
but are entitled to travel expenses in accordance with
Department of Personnel Administration and funded by
appropriations made to CDFA.
2)Requires one of the seven licensed appointees to have
experience and expertise in non-traditional uses of rendered
products, including but not limited to, energy use,
alternative fuels, lubricants and other uses. Requires the
public members to have experience and expertise in water
quality, public owned treatment works and water infrastructure
or law enforcement.
3)Establishes that the term of appointment shall be three years,
except for the first appointees, which will be three groups,
three appointees each serving three years, two years and one
year, respectively.
4)Authorizes, in addition to the following established
authority, that RIAB shall advise CDFA, make recommendations
on all matters pertaining to this chapter including
regulations required to accomplish the purpose of this
chapter, elect a chairperson, and any other offices deemed
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advisable. RIAB shall meet at the call of the chairperson or
CDFA, or at the request of any three members; establish a
quorum as six members, and a vote by the majority of members
present after establishment of a quorum constitutes an act of
RIAB. Board members, alternatives, employees or agents of
RIAB shall not be personally liable or individually
responsible for actions, errors, mistakes or other acts,
either by commission or omission, except for individual acts
of dishonesty or crime.
5)Authorizes RIAB to make recommendations to CDFA regarding:
a) Adoption, modification, and repeal of regulations and
procedures;
b) Procedures for employment, training, supervision, and
compensation of inspectors and other personnel;
c) Rate and collection of license fees and penalties
related thereto;
d) Acquisition and use of equipment; and,
e) Posting and noticing changes in bylaws, general
procedures, or orders.
6)Requires RIAB to maintain accurate books and records of its
activities, be subject to annual audit, provides the audit as
part of an annual report to licensees of this chapter,
prohibits proprietary information of any person subject to
this chapter to be shared with any other person subject to
this chapter, including but not limited, to material test
results, individual fee or license payments, rendering process
or formula information.
7)Requires CDFA to adopt regulations for RIAB to administer this
article, and requires CDFA accept recommendations from RIAB,
if they are practical and in the interest of the rendering
industry and the public. Requires CDFA, within 30 days of
receipt of recommendation, to notify RIAB of its acceptance or
provide in writing the reasons for non-acceptance.
EXISTING LAW defines rendering as the recycling, processing and
conversion of animal and fish byproducts and carcasses, as well
as kitchen grease, into fats, oils and proteins used primarily
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as feed for the animal and pet food industries. Further, it
establishes handling and processing requirements including
licensure, fees, violations and penalties. (Food and
Agricultural Code Sections 19200 - 19447)
FISCAL EFFECT : According to the Senate Committee on
Appropriations, any cost due to travel or adoption of
regulations would be minor and absorbable.
COMMENTS : According to the author, the rendering industry
provides a critical health and safety network by taking waste
products and turning them into valuable commodities while
destroying disease vectors that impact both animals and human
health. This industry provides an ecologically friendly option
to landfills, composting, incineration or burial. One of the
most valuable commodities to the renderers is inedible kitchen
grease, which is used to produce, among other products,
biodiesel. The oil is collected in receptacles at restaurants
and markets, collected and hauled to rendering plants for
processing. If not collected, this oil is often illegally
disposed of into sewer systems, or dumped into storm drains
creating significant environmental issues and systems handling
problems.
The sponsors state that the creation of RIAB will provide the
industry the ability to better assist CDFA's program by
providing official interaction on the variety of activities of
the program, especially in dealing with enforcement to deal with
public health and environmental protection. Further, RIAB can
advise CDFA on interactions with local law enforcement and other
governmental entities such as air and water regulators.
The industry has been pushing CDFA to develop a regulatory
package to require manifest for the transportation of rendering
inputs, specifically inedible kitchen grease. CDFA began to
develop such a package several years ago but it has been a very
slow process, frustrating the industry. The regulatory package
is believed to be currently in review prior to being handed over
to the Office of Administrative Review.
The committee may wish to consider if the reference to "or
alternative members" (page 4, line 9) should be deleted since
there are not provisions for alternatives members to be
appointed. Further, there are two sections (19218.2 page 3,
line 30 and 19218.5 page 4, line 23) that state RIAB "may make
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recommendations" followed by similar but different items. The
author may wish to consolidate these authorities.
RELATED LEGISLATION : AB 2612's (Agriculture) Omnibus bill,
among other issues, deals with expanding the definition of a
"collection center" to include a "pet food processor", changes
the license expiration date from a year of issuance to December
31 of each year, and exempts a "collection center" from
registration as a transporter of kitchen grease if they are
licensed as a collection center in accordance with this chapter.
SB 1107 (Kehoe), requires the State Water Resources Control
Board (SWRCB), on or before January 1, 2012, to develop, adopt,
and implement, regulations that include specified requirements,
for a manifest system to track the transportation of interceptor
and trap grease, as specified. This bill requires SWRCB to
impose a fee sufficient to cover the costs of implementing the
act, and requires SWRCB to deposit all revenues from the fee in
the Interceptor and Trap Grease Manifest Fund, which the bill
establishes. This bill authorizes SWRCB to expend monies in the
fund to implement the act, subject to appropriation for that
purpose.
AB 1249 (Galgiani), Chapter 280, Statutes of 2009, created 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, and extended the
sunset date to January 1, 2016, for the CDFA administration fee
for the Inedible Kitchen Grease Program.
REGISTERED SUPPORT / OPPOSITION :
Support
California Grain and Feed Association (Sponsor)
Pacific Coast Rendering Association (Sponsor)
Opposition
None on file.
Analysis Prepared by : Jim Collin / AGRI. / (916) 319-2084