BILL ANALYSIS �
AB 2378
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Date of Hearing: April 24, 2012
ASSEMBLY COMMITTEE ON JUDICIARY
Mike Feuer, Chair
AB 2378 (Huber) - As Amended: March 29, 2012
PROPOSED CONSENT
SUBJECT : RENDERING: ENFORCEMENT
KEY ISSUE : SHOULD CIVIL AND MISDEMEANOR PENALTIES FOR EXISTING
VIOLATIONS, AS SPECIFIED, BE RAISED TO DETER THE INCREASINGLY
COMMON THEFT OF INEDIBLE KITCHEN GREASE?
FISCAL EFFECT : As currently in print this bill is keyed fiscal.
SYNOPSIS
According to the author, there has been a significant increase
in the theft of inedible kitchen grease because of its use as a
component of biofuel and animal feed. The author states that
the Department of Food and Agriculture and local law enforcement
representatives recently reviewed the current enforcement and
penalties of this theft, and determined that the current penalty
structure is too low-thieves now consider existing penalties
part of the cost of doing business. This non-controversial bill
simply seeks to increase misdemeanor and civil penalties for
existing requirements governing the possession and transport of
inedible kitchen grease. Specifically, this bill increases,
from one year to two years, the time period in which an offender
is considered a repeat offender if found to have violated these
requirements. In addition, the bill increases certain fines
from $1,000 to $5,000, and from up to $10,000 to $15,000 for
repeat violations, as specified. This bill previously passed
the Agriculture Committee by a unanimous vote, and there is no
known opposition.
SUMMARY : Increases civil and misdemeanor penalties for
specified violations relating to transport and recordkeeping of
inedible kitchen grease. Specifically, this bill :
1)Adds fines or county jail, or both fines and county jail, for
any licensed renderer or collection center operator who fails
to keep records in accordance with existing requirements.
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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.
3)Increases the maximum fines 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, from $1,000 to $5,000, to
be assessed by the CA Department of Food & Agriculture (CDFA)
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, absent the filing of a writ of administrative
mandamus by the person upon whom a civil penalty was levied,
the court shall enter judgment in favor of CDFA upon receiving
the department's final decision directing payment of the
penalty. Further authorizes the CDFA Secretary 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.
7)Makes conforming changes to fines and penalties in the Vehicle
Code relating to similar requirements that apply to licensed
renderers and transporters of inedible kitchen grease.
EXISTING LAW :
1)Provides for the licensure and regulation of renderers,
operators of collection centers, and transporters of inedible
kitchen grease. (Food & Agricultural Code Section 19220 et
seq.)
2)Requires renderers, collection center operators, and
transporters to retain for one year specified transaction
records reflecting sales and transport of inedible kitchen
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grease. (Food & Agricultural Code Section 19306(a), Vehicle
Code Section 2462.)
3)Specifies fines and jail, or both, for misdemeanor violations
of the above recordkeeping requirements, as provided,
including escalating fines for repeat offenses. (Food &
Agricultural Code Section 19440, Vehicle Code Section 2468.)
4)Authorizes the Secretary of CDFA, in lieu of seeking
prosecution, to levy civil penalties for violations in an
amount not more than $1,000 for each violation. Provides an
administrative hearing process for persons upon whom a civil
penalty has been levied to appeal the penalty, as provided.
(Food & Agricultural Code Section 19447.)
COMMENTS : This non-controversial bill simply seeks to increase
misdemeanor and civil penalties for existing requirements
governing the possession and transport of inedible kitchen
grease. This bill increases, from one year to two years, the
time period in which an offender is considered a repeat offender
if found to have violated these requirements. In addition, the
bill increases certain fines from $1,000 to $5,000, and from up
to $10,000 to $15,000 for repeat violations, as specified.
This bill is needed to combat increased levels of grease theft.
According to the author, current penalty provisions for the
theft of inedible kitchen grease are simply inadequate to deter
this growing crime. The author states: "With the increased
demand for inedible kitchen grease to use as biofuel and animal
feed, as well as the rising prices for all commodities, there
has been a significant increase in the theft of such grease.
The Department of Food and Agriculture and local law enforcement
representatives recently reviewed the current enforcement and
penalties of this theft, and determined that the current penalty
structure is too low and now considered the cost of doing
business for some offenders."
Inedible kitchen grease, also known as used cooking oil, can be
turned into a usable engine fuel that can burn on its own, or be
used as an inexpensive additive to regular diesel. Despite its
rather unattractive sounding moniker, inedible kitchen grease
has actually become a valuable commodity in the last decade,
especially in light of rising gasoline prices and corresponding
growth in the biodiesel fuel industry and demand for sources of
alternative energy. According to a recent article, this grease
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is traded in commodities markets and its value has skyrocketed
from a mere $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).)
In light of the limited enforcement capabilities of CDFA and the
low priority that law enforcement officials understandably may
assign to theft of inedible kitchen grease, supporters of this
legislation reasonably conclude that increased penalties are
needed to stem the tide of grease theft and deter future
offenses.
Facilitating collection of civil penalties after appeals are
exhausted. Existing law provides for a specified appeal
procedure to ensure due process for any person against whom CDFA
has levied a civil penalty, including the ability to file a
petition for writ of administrative mandamus. If the person
does not file the writ seeking review of the Secretary's final
decision, then under this bill, the court is directed to enter
judgment in favor of CDFA upon receiving a certified copy of the
final decision directing payment of the civil penalty. The bill
also authorizes CDFA, upon completion of the appeal process, to
file with the clerk of the appropriate superior court a copy of
the final decision and if applicable, any order denying petition
for writ of mandamus. According to the author, these
provisions, based on similar provisions in existing law, are
intended to facilitate greater collection of civil penalties in
a more economical and less tedious manner. (See, e.g. Food and
Agricultural Code Section 24007, subd. (g).)
REGISTERED SUPPORT / OPPOSITION :
Support
California Grain and Feed Association (co-sponsor)
Pacific Coast Renderers Association (co-sponsor)
Opposition
None on file
Analysis Prepared by : Anthony Lew / JUD. / (916) 319-2334
AB 2378
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