BILL ANALYSIS Ó
AB 1566
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Date of Hearing: May 14, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 1566 (Holden) - As Amended: May 7, 2014
Policy Committee:
TransportationVote:15-0
Agriculture 7-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill conforms Food and Agricultural Code and Vehicle Code
provisions regarding definitions, enforcement, fines,
regulations, and transportation of inedible kitchen grease
(IKG).
Specifically, this bill:
1)Recasts language dealing with refusal to issue an IKG
transport license, adds a violation of statutes or regulations
dealing with transportation of IKG to the reasons; and
describes the due process appeal if licensure is refused, and
describes a parallel appeal process if licensure is suspended
or revoked.
2)Increases the fines for noncompliance with record-keeping
requirements as follows: for a first offense, from not less
than $500 to $1,000; for a second offense, from not less than
$1,000 to $5,000; and, for a third and subsequent offenses,
from not less than $2,000 to $10,000.
3)Requires the California Department of Food and Agriculture
(CDFA) to adopt regulations describing the time period to
refuse a registration certificate based upon the number or
severity of violations, but no more than three years.
4)Adds conforming IKG provisions to the Vehicle Code regarding
certain definitions and regulations for collection centers.
5)Increases fine provisions in the Vehicle Code conforming to
(2) above.
AB 1566
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6)Authorizes a peace officer to impound a vehicle for up to 15
days if the IKG transporter is involved in the theft or
illegal transport of IKG. The registered or legal owner of
the vehicle may receive the vehicle prior to full impoundment
period if specific conditions are met.
7)Requires each vehicle transporting IKG to have the proper
decals and identification information required by CDFA to be
affixed to each transporting vehicle, as specified.
FISCAL EFFECT
Any one-time costs to CDFA for regulations and ongoing costs to
CDFA and the CHP for enforcement will be minor and absorbable.
COMMENTS
Background and Purpose . Over the past 15 years IKG theft has
been a growing problem for state regulators and law enforcement
due to the low cost of equipment to haul IKG and the product's
value, which has increased up to fourfold, contingent on market
conditions. CDFA's Inedible Kitchen Grease Program (IKGP),
established in 1995, is the regulatory and enforcement entity
for the IKG industry. The program's mission is to stop the
theft of IKG and related damage to IKG containers through
investigations and cooperation with local law enforcement and
local district attorneys.
Law enforcement agencies have had confusion regarding their
enforcement role of IKG theft and illegal transportation. AB
1566 is intended to clarify this role by adding to the Vehicle
Code provisions dealing with IKG and to increase enforcement and
penalties related to the illegal collection and transporting of
IKG.
Analysis Prepared by : Chuck Nicol / APPR. / (916) 319-2081