California Legislature—2015–16 Regular Session

Assembly BillNo. 655


Introduced by Assembly Member Quirk

February 24, 2015


An act to amend Section 19315 of the Food and Agricultural Code, relating to inedible kitchen grease, and making an appropriation therefor.

LEGISLATIVE COUNSEL’S DIGEST

AB 655, as introduced, Quirk. Inedible kitchen grease: transporters: additional fee.

Existing law requires transporters of inedible kitchen grease to be registered and to pay a specified registration fee. Existing law operative until July 1, 2020, and repealed as of January 1, 2021, authorizes the Department of Food and Agriculture to charge an additional fee not to exceed $300 per year per vehicle that is operated to transport kitchen grease for purposes of administering the provisions regulating these transporters. Existing law exempts from 75% of the additional fee a registered transporter who transports inedible kitchen grease for his or her own personal, noncommercial use as an alternative fuel, subject to specified requirements. Existing law requires fees collected pursuant to these provisions to be deposited into the Department of Food and Agriculture Fund and continuously appropriates the collected funds for the purposes described above.

This bill increase the additional fee to not to exceed $350 per year per vehicle that is operated to transport kitchen grease. By increasing this additional fee, which fee is required to be collected and deposited into a continuously appropriated fund, the bill would make an appropriation. The bill would also make related findings and declarations.

Vote: majority. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

The Legislature hereby finds and declares all of
2the following:

3(a) The rendering industry is a critical health and safety
4infrastructure for California. Rendering is an effective tool to
5eliminate many human and animal disease pathogens, protects our
6groundwater and air resources, and greatly reduces greenhouse
7gas emissions compared to other alternative disposal options.

8(b) Rendering is the process of recycling waste animal tissue
9into stable, value-added materials. Each year rendering recycles
10approximately 59 billion pounds of perishable material generated
11by the livestock and poultry meat and poultry processing, food
12processing, supermarket, and restaurant industries. The rendering
13industry turns this material into valuable ingredients such as
14biofuels, various soaps, paints and varnishes, cosmetics, explosives,
15toothpaste, pharmaceuticals, leather, textiles, and lubricants used
16daily in most households.

17

SEC. 2.  

Section 19315 of the Food and Agricultural Code is
18amended to read:

19

19315.  

(a) Except as provided in subdivision (b), in addition
20to the registration fee required by Section 19312, the department
21may charge a fee necessary to cover the costs of administering this
22article. Any additional fee charged pursuant to this section shall
23not exceed three hundredbegin insert fiftyend insert dollarsbegin delete ($300)end deletebegin insert ($350)end insert per year per
24vehicle that is operated to transport kitchen grease, and shall not
25exceed three thousand dollars ($3,000) per year per registered
26transporter.

27(b) An individual registered pursuant to this article who
28transports inedible kitchen grease for his or her own personal,
29noncommercial use as an alternative fuel is exempt from 75 percent
30of the fee charged pursuant to subdivision (a), and shall meet all
31of the following requirements:

32(1) The individual shall meet all other requirements of this
33article.

34(2) The individual shall not transport more than 55 gallons of
35inedible kitchen grease per load for that purpose, and shall have
P3    1no more than 165 gallons of inedible kitchen grease in his or her
2possession or control at any time.

3(3) The individual shall not take any inedible kitchen grease
4from a container owned by another registered transporter of
5inedible kitchen grease or from an inedible kitchen grease provider
6under contract with a registered transporter of inedible kitchen
7grease or from a container owned by a renderer or collection center.

8(4) The individual shall have a document in his or her possession
9while transporting inedible kitchen grease signed by the responsible
10party providing the inedible kitchen grease to the individual at the
11source of the inedible kitchen grease that provides permission for
12the inedible kitchen grease to be removed from that site.

13(5) The individual shall specify where the inedible kitchen
14grease is stored and processed as an alternative fuel, if that address
15is different from the address included on the registration form for
16that individual pursuant to Section 19312.

17(6) The individual shall not sell, barter, or trade any inedible
18kitchen grease.

19(c) The secretary shall fix the annual fee established pursuant
20to this section and may fix different fees for transporters of inedible
21kitchen grease and collection centers, and for transporters of
22interceptor grease. The secretary shall also fix the date the fee is
23due and the method of collecting the fee. If an additional fee is
24imposed on licensed renderers pursuant to subdivision (a) of
25Section 19227 and an additional fee is imposed on registered
26transporters pursuant to subdivision (a), only one additional fee
27may be imposed on a person or firm that is both licensed as a
28renderer pursuant to Article 6 (commencing with Section 19300)
29and registered as a transporter of inedible kitchen grease pursuant
30to this article, which fee shall be the higher of the two fees.

31(d) If the fee established pursuant to this section is not paid
32within one calendar month of the date it is due, a penalty shall be
33imposed in the amount of 10 percent per annum on the amount of
34the unpaid fee.

begin insert

35(e) For purposes of this section, “interceptor grease” means
36inedible kitchen grease that is principally derived from food
37preparation, processing, or waste, and that is removed from a
38grease trap or grease interceptor.

end insert
begin delete

39(e)

end delete

P4    1begin insert(f)end insert This section shall become inoperative on July 1, 2020, and,
2as of January 1, 2021, is repealed, unless a later enacted statute,
3which becomes effective on or before January 1, 2021, deletes or
4extends the dates on which it becomes inoperative and is repealed.

begin delete

5(f) For the purposes of this section, “interceptor grease” means
6inedible kitchen grease that is principally derived from food
7preparation, processing, or waste, and that is removed from a grease
8trap or grease interceptor.

end delete


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