BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 2378|
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THIRD READING
Bill No: AB 2378
Author: Huber (D)
Amended: 3/29/12 in Assembly
Vote: 21
SENATE AGRICULTURE COMMITTEE : 7-0, 6/19/12
AYES: Cannella, Rubio, Berryhill, Evans, La Malfa, Vargas,
Wolk
SENATE PUBLIC SAFETY COMMITTEE : 5-0, 7/3/12
AYES: Hancock, Anderson, Liu, Price, Steinberg
NO VOTE RECORDED: Calderon, Harman
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 75-0, 5/17/12 (Consent) - See last page
for vote
SUBJECT : Rendering: enforcement
SOURCE : California Grain and Feed Association
Pacific Coast Rendering Association
DIGEST : This bill increases civil and criminal fines for
specified violations relating to the transport and
recordkeeping of inedible kitchen grease.
ANALYSIS :
Existing law:
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1. Defines "rendering" as the recycling, processing and
conversion of animal and fish materials and carcasses
and inedible kitchen grease into fats, oils and proteins
used primarily as feed for the animal and pet food
industries.
2. Provides for the licensure and regulation of renderers,
operators of collection centers, and transporters of
inedible kitchen grease.
3. Requires renderers, collection center operators, and
transporters to retain specified written records
reflecting sales and transport of inedible kitchen
grease for one year.
4. Specifies fines and jail, or both, for misdemeanor
violations of the recordkeeping requirements, including
escalating fines for repeat offenses.
5. Authorizes the Secretary of the Department of Food and
Agriculture (CDFA), in lieu of seeking civil
prosecution, to levy civil penalties for violations in
an amount not to exceed $1,000 for each violation.
Provides administrative hearing process for persons upon
whom a civil penalty has been levied to appeal the
penalty.
6. Conforms the Vehicle Code to the above Food and
Agriculture Code regulations for renderers and
transporters of inedible kitchen grease.
This bill:
1. Adds fines or county jail, or both fines and county
jail, for any licensed renderer or collection center who
fails to keep records in accordance with existing
requirements.
2. Expands, from one year to two years, the period of time
that renderers, collection center operators, and
transporters, must retain, and are prohibited from
destroying, specified transaction records reflecting
sales and transport of inedible kitchen grease.
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3. Increases the maximum fines (up to $5,000) for specified
violations of existing law, but authorizes even greater
maximum penalties (up to $15,000) for any violation that
occurs after a previous conviction or that was committed
with the intent to defraud or mislead.
4. Increases the maximum civil penalty, as assessed by the
Secretary of CDFA, from $1,000 to $5,000, for specified
violations of the licensing and transport statutes
relating to rendering and transport of inedible kitchen
grease.
5. Increases the appeal period for any person, upon
receiving notification of a civil penalty, from 10 days
to 20 days.
6. Provides that, should any penalized person not file a
petition for a writ of administrative mandamus, the
court, upon receiving a certified copy of CDFA's final
decision that directs payment of a civil penalty, shall
enter a judgment in favor of CDFA.
7. Authorizes the Secretary of CDFA, upon completion of the
appeal procedure provided in this section, to file with
the court a copy of the department's final decision and,
if applicable, an order denying a petition for writ of
administrative mandamus. Prohibits a clerk of the
superior court from charging any fees for the
performance of entry of such judgment.
8. Makes conforming changes to the Vehicle Code relating to
similar requirements that apply to licensed renderers
and transporters of inedible kitchen grease.
Background
Inedible (used) kitchen grease has become a valuable
commodity in the last decade, especially in light of rising
gasoline prices and corresponding growth in the biodiesel
fuel industry. Recycling an otherwise "grimy waste
product" into a valuable feed or biofuel resource is
attractive and profitable. According to a recent article,
inedible kitchen grease is traded in commodity markets and
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its value has skyrocketed from $0.66 per gallon in April
2001 to $3.68 per gallon in April 2011. ("Grease is gold;
thieves get bold." News & Observer, NC. June 1, 2011)
Comments
According to the author's office, current penalty
provisions for the theft of inedible kitchen grease are
inadequate to deter this growing crime. In recognition of
the limited enforcement capabilities of CDFA and the low
priority that law enforcement officers understandably may
assign to theft of inedible kitchen grease, the proposed
increased penalties have been argued necessary to deter
theft and future offenses.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 8/6/12)
California Grain and Feed Association (co-source)
Pacific Coast Rendering Association (co-source)
ASSEMBLY FLOOR : 75-0, 5/17/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Donnelly, Eng, Feuer, Fong, Fuentes, Furutani, Beth
Gaines, Galgiani, Garrick, Gatto, Gordon, Gorell, Grove,
Hagman, Halderman, Hall, Harkey, Hayashi, Roger
Hernández, Hill, Huber, Hueso, Huffman, Jeffries, Jones,
Knight, Lara, Logue, Ma, Mansoor, Mendoza, Miller,
Mitchell, Monning, Morrell, Nestande, Nielsen, Norby,
Olsen, Pan, V. Manuel Pérez, Portantino, Silva, Smyth,
Solorio, Swanson, Torres, Valadao, Wagner, Wieckowski,
Williams, John A. Pérez
NO VOTE RECORDED: Fletcher, Bonnie Lowenthal, Perea,
Skinner, Yamada
MEL:m 8/6/12 Senate Floor Analyses
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SUPPORT/OPPOSITION: SEE ABOVE
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