BILL ANALYSIS �
SB 513
Page 1
SENATE THIRD READING
SB 513 (Canella)
As Amended July 1, 2011
Majority vote
SENATE VOTE :39-0
AGRICULTURE 9-0 APPROPRIATIONS 16-0
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|Ayes:|Galgiani, Valadao, Bill |Ayes:|Fuentes, Harkey, |
| |Berryhill, Hill, Ma, | |Blumenfield, Bradford, |
| |Mendoza, Olsen, Perea, | |Charles Calderon, Campos, |
| |Yamada | |Davis, Gatto, Hall, Hill, |
| | | |Lara, Mitchell, Nielsen, |
| | | |Norby, Solorio, Wagner |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Creates a Rendering Industry Advisory Board (RIAB),
including membership and duties; reauthorizes the licensing of
renderers and the collection of fees; and, extends the sunset
for Certified Farmers' Market (CFM) fees until January 1, 2014.
Specifically, this bill :
1)Creates a seven member RIAB, appointed by the Secretary of the
California Department of Food and Agriculture (CDFA), of which
six are to be subject to rendering licensure by CDFA, as
specified, and one is to be a public member. Requires
appointees to have various expertise and/or experiences, as
specified.
2)Prohibits board members from receiving a salary, but entitles
them for reimbursement of necessary travel expenses in
accordance with Department of Personnel Administration rules
and regulations, and are to be paid from appropriations made
to CDFA for that purpose.
3)Provides terms of RIAB to be three years and establishes that
of the first appointees, three will serve for three years, two
for two years, and two for one year; thereafter, appointees
will serve for three years. All vacancies are required to be
filled by CDFA for the unexpired terms.
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4)Requires RIAB to elect a chairperson and any other officers as
may be deemed necessary.
5)Requires RIAB to meet once a year and upon the call of the
chairperson, CDFA, or any three RIAB members. Specifies a
quorum to be five RIAB members and a vote of the majority of
RIAB members, when a quorum is present, to constitute an act
of RIAB.
6)Restricts any member, or employee or agent thereof, from
personal liability for actions of RIAB or responsible
individually in any way for errors in judgment, mistakes, or
other acts, either by commission or omission, except for
personal acts of dishonesty or crime.
7)Requires RIAB to advise CDFA and permits recommendations to be
made to CDFA on the following:
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;
e) Posting and noticing changes in bylaws, general
procedures, or orders; and,
f) All matters pertaining to rendering law, including,
but not limited to, the inspection and enforcement
program, annual budgets, necessary fees to provide
adequate services, and regulations required to accomplish
the purposes of this statute.
8)Requires RIAB to keep accurate books and records of its
activities and be subject to annual audits by a firm approved
by CDFA, to be done during regular business hours as requested
by CDFA. Audits are to be made a part of the annual report
submitted to all persons licensed under this statute.
SB 513
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9)Prohibits the disclosure of any proprietary information of
persons subject to this statute, including material test
results, individual fees or license payments, rendering
process, or formula information, to persons subject to this
statute.
10)Authorizes CDFA to adopt regulations and procedures to be
used by RIAB to administer this statute.
11)Requires CDFA, within 30 days of receiving any RIAB
recommendations, to notify RIAB of their acceptance or provide
a written statement of reasons they were not accepted.
Requires CDFA to accept the recommendations of RIAB if they
find them to be practicable and in the interest of the
rendering industry and the public.
12)Authorizes an additional fee of not more than $3,000 per year
on each licensed rendering plant or collection center or
transporter of inedible kitchen grease, to cover the
reasonable cost of administering this statute. CDFA is
required to fix this fee annually, and may fix a different fee
for rendering plants and collection centers, fix the due date
of the fee, and limits only one additional fee for licensed
renderers that are also licensed transporters of inedible
kitchen grease. Unpaid fees are subject to a penalty of 10%
per annum. This authority will sunset on July 1, 2016.
13)Extends the CFM stall fee per vender until January 1, 2014.
14)Extends the penalty and enforcement provisions for CFMs until
January 1, 2014.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, extension of the rendering collection program will
generate approximately $216,000 in Special Funds (SF); the CFM
program extension will generate approximately $220,000 in SF;
and, the cost for the RIAB should be minor and absorbable from
SFs.
COMMENTS : According to the author, the creation of RIAB will
provide better oversight of the industry and deal with issues on
enforcement, fees, and management of the program, while advising
CDFA on these matters, as well as, improve deficiencies
currently occurring in the management of the program. The
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re-enactment of the authority to collect fees for enforcement
purposes is essential for maintaining enforcement practices in
the state. This authority was inadvertently left to sunset by
the industry and CDFA.
Additionally, this bill extends sunset dates for CFMs' fee
authority and for violations and enforcement authority for two
years. Typically, sunsets are extended for five years, but the
author, in response to recent reports of vendors being in
violation of the statutes, and the CFM advisory committee
releasing a report critical of CDFA's enforcement abilities and
actions, has reduced the extension date in an effort to cause
the industry to expedite discussions on how to better enforce
the CFMs' program's standards and statutes.
Analysis Prepared by : Jim Collin / AGRI. / (916) 319-2084
FN: 0001969