BILL ANALYSIS �
-----------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 170|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
-----------------------------------------------------------------
UNFINISHED BUSINESS
Bill No: SB 170
Author: Wolk (D)
Amended: 8/22/14
Vote: 21
SENATE HEALTH COMMITTEE : 9-0, 4/3/13
AYES: Hernandez, Anderson, Beall, De Le�n, DeSaulnier, Monning,
Nielsen, Pavley, Wolk
SENATE NATURAL RESOURCES AND WATER COMM. : 9-0, 4/23/13
AYES: Pavley, Cannella, Evans, Fuller, Hueso, Jackson, Lara,
Monning, Wolk
SENATE FLOOR : 37-0, 4/29/13
AYES: Anderson, Beall, Berryhill, Block, Calderon, Cannella,
Corbett, Correa, De Le�n, DeSaulnier, Emmerson, Evans, Fuller,
Gaines, Galgiani, Hancock, Hernandez, Hill, Hueso, Huff,
Jackson, Knight, Lara, Leno, Lieu, Monning, Nielsen, Padilla,
Pavley, Price, Roth, Steinberg, Walters, Wolk, Wright, Wyland,
Yee
NO VOTE RECORDED: Liu, Vacancy, Vacancy
ASSEMBLY FLOOR : Not available
SUBJECT : Bale Grist Mill State Historic Park
SOURCE : Napa County Regional Park and Open Space District
Napa Valley State Parks Association
DIGEST : This bill exempts from the requirements to register
CONTINUED
SB 170
Page
2
as a food processing facility, and to obtain a permit as a
retail food facility, a historic water-driven grist mill in
order to allow grain to be milled, packaged and sold at the mill
without having to meet the requirements of a food processing
facility or a retail food facility.
Assembly Amendments (1) add legislative findings and
declarations related to the funding structure of state parks;
(2) add double-jointing language to AB 1990 (Gordon) and SB 1235
(Knight); and (3) make other technical changes.
ANALYSIS :
Existing law:
1. Prohibits any person from engaging in the manufacture,
packing, or holding of any processed food unless the person
has a valid registration as a food processing facility from
the Department of Public Health (DPH).
2. Exempts from the food processing facility registration
requirements any person whose manufacturing, packing, or
holding of processed food is limited solely to temporarily
holding processed foods for up to seven days for further
transport if the foods are not potentially hazardous foods,
or to any person whose manufacturing, packing, or holding of
processed food is limited solely to certain activities that
are authorized under other specified permits and licenses.
3. Prohibits any food facility from being open for business
without a valid permit from DPH or the local health agency
having jurisdiction over the food facility.
4. Defines "food facility" as an operation that stores,
prepares, packages, serves, vends, or otherwise provides food
for human consumption at the retail level.
5. Establishes various requirements that food facilities must
meet, including requiring that the interior floor, sides, and
top of the food holding area to be constructed of a smooth,
washable, impervious material capable of withstanding
frequent cleaning.
6. Exempts from the definition of "food facility" certain
CONTINUED
SB 170
Page
3
specified entities, including premises operated by a producer
that sells only whole produce grown by the producer, provided
the sales are conducted on premises controlled by the
producer.
This bill:
1. Makes the following legislative findings and declarations:
A. Recent legislation that established a moratorium on
closure of state parks and a matching funds program to
help keep state parks open have increased outreach to
the public through the use of creative partnerships and
other innovative tools, and other provisions have helped
stabilize the Department of Parks and Recreation (DPR)
and broaden its financial base.
B. Ongoing efforts by the Parks Forward Commission, the
State Parks and Recreation Commission, and DPR to
develop a more secure financial base for the department
through the increased use of pilot projects, the sale of
specialized or regional passes, and other internal
reforms are providing early signs of success that should
be strengthened.
C. A stable funding structure must be established for
the state parks, including a more entrepreneurial and
robust revenue-generation strategy with increased
efficiency and accountability, and a dedicated, reliable
source of public funding that will meet ongoing
operating needs and continually reduce the backlog of
unmet maintenance needed to protect valuable park
assets.
D. It is the intent of the Legislature in enacting this
act to encourage DPR and DPH to consult with each other
to develop and implement additional, reasonable
improvements designed to increase public health security
at the Bale Grist Mill State Historic Park, without
impairing or adversely affecting historical, cultural,
or natural resources.
2. Exempts, beginning January 1, 2016, from the requirement to
register as a food processing facility the milling,
CONTINUED
SB 170
Page
4
packaging, and selling of grain produced and sold at a
water-driven grist mill on the National Register of Historic
Places, provided best management practices are followed for
the processing and handling of the product, the flour is
identified as being produced in a historic mill using
traditional methods, and the product meets applicable federal
food adulteration purity standards.
3. Exempts, beginning January 1, 2016, from the definition of
food facility, for purposes of law requiring food facilities
to obtain a permit from DPH or the local health agency having
jurisdiction over the food facility, a water-driven grist
mill that is on the National Register of Historic Places and
that has onsite sales of grain that is milled at the
facility.
4. Contains double-jointing language with AB 1990 (Gordon) and
SB 1235 (Knight).
Comments
The author's office states that in 2011, as part of its efforts
to cut state expenditures, the Bale Grist Mill and 69 other
state parks were selected for closure. The Napa County Regional
Park and Open Space District, in partnership with the Napa
Valley State Parks Association, is working to keep the mill open
to the public. Currently, flour milled at the park is available
as a "commemorative item" and donations are requested.
According to the sponsors, donations for commemorative flour in
2012 contributed about 19% of revenues at the grist mill. In
this instance, revenues will go to the park operator, but are
required to be used to support park operations.
Bale Grist Mill State Historic Park . The Bale Grist Mill State
Historic Park is located near St. Helena in Napa County.
According to its Web site, the water-powered mill was built in
1846. Both the mill and its 36-foot water wheel are protected
as a state historic landmark and have been partially restored.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
SUPPORT : (Verified 8/26/14)
CONTINUED
SB 170
Page
5
Napa County Regional Park and Open Space District (co-source)
Napa Valley State Parks Association (co-source)
AFSCME, AFL-CIO
California State Parks Foundation
City of Napa
Napa County Board of Supervisors
OPPOSITION : (Verified 8/26/14)
Department of Public Health
ARGUMENTS IN SUPPORT : The Napa County Board of Supervisors
(Napa County) writes in support that the Bale Grist Mill is one
of only two remaining water-driven mills west of the Mississippi
River. Napa County states that the mill currently sells flour
produced at the mill, but it must be labeled as not fit for
human consumption because the mill is not registered as either a
retail food facility or a food processing facility. Napa County
cannot meet the standards for a retail food facility or a food
processing facility because the physical historic construction
of the mill makes it impossible to comply with current codes.
For example, wood floors are not allowed, the porous grinding
stone is not allowed, and contact between grain/flour and the
wood in the grain chutes and flour bins is not allowed. Napa
County supports this bill to allow the Bale Grist Mill to be
financially viable and not dependent on state subsidies.
This bill is also supported by the American Federation of State,
County and Municipal Employees (AFSCME), AFL-CIO, which states
that this bill addresses the Bale Grist Mill State Historic
Park's unique situation. AFSCME states that this bill is a
simple, safe solution that will prevent the closure of yet
another one of California's historic sites.
ARGUMENTS IN OPPOSITION : The Department of Public Health
(DPH) writes in opposition to this bill stating carving out a
narrow exemption in the Health and Safety Code for only one food
processing facility would be inappropriate from the public
health perspective. DPH states that given the nature of the
wood surfaces and dry ingredients used in the milling of flour,
there is no cleaning and sanitation process that will eliminate
the bacterial and viral pathogens left behind from the rodent
excreta and urine without introducing other pathogens to the
area.
CONTINUED
SB 170
Page
6
JL:d 8/26/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED