BILL ANALYSIS �
AB 2378
Page 1
Date of Hearing: May 9, 2012
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 2378 (Huber) - As Amended: March 29, 2012
Policy Committee: JudiciaryVote:10
- 0
Agriculture 9 - 0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
Increases civil and criminal fines for specified violations
relating to transport and recordkeeping of inedible kitchen
grease. Specifically, this bill:
1)Expands, from one year to two years, the period of time that
renderers, collection center operators, and transporters must
retain specified transaction records reflecting sales and
transport of inedible kitchen grease.
2)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.
3)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.
4)Increases the appeal period for any person, upon receiving
notification of a civil penalty,
from 10 days to 20 days.
5)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
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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.
6)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.
FISCAL EFFECT
1)Unknown, likely minor increase in civil and criminal fine
revenue.
2)CDFA costs associated with increased investigations for the
theft of inedible kitchen grease would be minor and absorbable
within existing resources.
COMMENTS
1)Purpose . The intent of this legislation is to increase the
fines associated with the theft of inedible kitchen grease.
According to the author, current penalty provisions for the
theft of inedible kitchen grease are 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."
2)Inedible Kitchen Grease . 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
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biodiesel fuel industry and demand for sources of alternative
energy.
Analysis Prepared by : Julie Salley-Gray / APPR. / (916)
319-2081