BILL NUMBER: SB 546 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 20, 2009
INTRODUCED BY Senator Lowenthal
FEBRUARY 27, 2009
An act to add Section 25250.29 to the Health and Safety Code, and
to amend Sections 48100, 48620, 48623, 48624, 48631,
48632, 48645, 48650, 48651, 48652, 48653, 48656, 48660, 48660.5,
48661, 48662, and 48673 of, and to add Section 48620.2
to 48670, 48673, 48674, 48690, and 48691 of, to add
Sections 48620.2 and 48651.5 to, and to repeal Sections 48633 and
48634 of , the Public Resources Code, relating to oil ,
and making an appropriation therefor .
LEGISLATIVE COUNSEL'S DIGEST
SB 546, as amended, Lowenthal. Used oil.
(1) The California Oil Recycling Enhancement Act requires the
California Integrated Waste Management Board to adopt a used oil
recycling program that promotes and develops alternatives to the
illegal disposal of used oil, and requires the program to include,
among other things, a reporting, monitoring, and enforcement program
to ensure that all laws relating to used oil are properly carried
out. The act defines terms for its purposes, including "used oil
hauler" and "used oil recycling facility." The act requires the board
to certify or recertify a used oil recycling facility for which the
board has received an inspection report, unless the board determines
that the facility is engaged in a repeating or recurring pattern of
noncompliance that poses a significant threat to public health and
safety or the environment. If the board denies certification, it is
authorized to subsequently certify a facility if it determines that
the facility meets the standards for certification. Existing law
requires a used oil recycling facility to report to the board for
each quarter the amount of used oil received and the amount of
recycled oil produced. A violation of the act is a crime.
This bill would revise the certification requirements to also
require the board to certify or recertify a used oil recycling
facility that is an out-of-state facility and for which the board has
received a report from the Department of Toxic Substances Control
that the out-of-state facility has demonstrated that the facility
substantially meets specified federal requirements related to the
management of used oil and recycles used lubricating oil to meet
specified purity standards for recycled oil. The bill would require
an out-of-state facility, as a condition of demonstrating that
compliance, to enter into an agreement with the department to pay the
department's full expenses for conducting related review and
inspection costs. The bill would require an out-of-state facility
that seeks certification to annually certify, in writing to the board
and under penalty of perjury, that the facility substantially meets
those specified federal requirements, thereby imposing a
state-mandated local program by creating a new crime. The bill would
revise the quarterly reporting requirement to require a used oil
recycling facility issued a specified permit to produce recycled oil
and an out-of-state used oil recycling facility that is certified by
the board to report to the board for each quarter the amount of used
oil received and the amount of recycled oil produced.
The bill would revise the definitions of "used oil hauler" and
"used oil recycling facility" to conform to those changes, and would
define "rerefined oil" for purposes of the act.
(1) The California Oil Recycling Enhancement Act, administered by
the California Integrated Waste Management Board, among other things,
defines terms and establishes the used oil recycling program,
consisting of a recycling incentive system, grants or loans to local
governments and nonprofit entities for specified purposes related to
used lubricating oil collection and recycling and stormwater
pollution from used oil and oil byproducts, development and
implementation of an information and education program to promote
alternatives to the illegal disposal of used oil, and a reporting,
monitoring, and enforcement program to ensure that laws relating to
used oil are properly carried out. A violation of the act is a crime.
This bill would revise the definitions of "used oil hauler" and
"used oil recycling facility," and define the term "rerefined oil,"
for purposes of the act, and would revise and recast the used oil
recycling program, so that, among other things, it would no longer
provide for loans, and it would provide for the development and
implementation of an information and education program to promote
methods to reduce the amounts of used oil generated and to promote
environmentally preferable uses of recycled oil, including the use of
rerefined oil in automotive and industrial lubricants. The bill
would revise the purposes for which grants under the program may be
made, including to promote the manufacture of rerefined lubricating
oil, and would authorize grants additionally to be made to private
entities.
(2) The act generally imposes a charge on oil manufacturers,
payable to the board, in the amount of $0.04 for every quart, or
$0.16 for every gallon, of lubricating oil sold or transferred in the
state, or imported into the state for use in the state.
This bill would increase those amounts to $0.06 and $0.24,
respectively, and would require the board, commencing in 2011, to
adjust the base rate of the payment annually to reflect increases or
decreases in the cost of living during the prior fiscal year.
(3) The act requires the board to pay a recycling incentive to
every industrial generator, curbside collection program, and
certified used oil collection center, for used lubricating oil if
certain conditions apply, and to an electric utility, as defined, for
certain used lubricating oil. Existing law requires the board to set
the recycling incentive amount at not less than $0.04 per quart, and
authorizes the board to set the amount at a higher amount if the
board determines that a higher amount is necessary to promote
recycling of used lubricating oil and sufficient funds are available
in the California Used Oil Recycling Fund.
This bill would revise the conditions applicable to used
lubricating oil that must be met before the board is required to pay
the recycling incentive, and would delete the requirement that the
board pay the recycling incentive to an electric utility for certain
used lubricating oil.
The bill additionally would require the board on and after January
1, 2014, to pay a rerefining incentive to certain recycling
facilities that produce rerefined base lubricant meeting specified
requirements. The bill would require the board, on or before January
2012, to consider whether to implement additional incentives that
prioritize the highest and most beneficial uses of used lubricating
oil.
The bill would require the board to increase the recycling
incentive to not less than $0.10 per quart and, on and after January
1, 2014, to set the rerefining incentive at $0.02 per gallon, and
would authorize the board to increase those amounts as specified if
it determines that a higher amount is necessary to promote the
collection and recycling of used lubricating oil or the rerefining of
used lubricating oil, as applicable, and sufficient funds are
available in the California Used Oil Recycling Fund.
(4) The act requires the board to deposit the charges described in
(2) above, civil penalties and fines paid pursuant to the act, and
all other revenues received pursuant to the act, in the California
Used Oil Recycling Fund, part of which is continuously appropriated
to the board to pay recycling incentives, to provide a reserve for
contingencies, to make specified payments for implementation of
certain local used oil collection programs in a total amount equal to
$10,000,000 or one-half the amount remaining in the fund after
specified expenditures are made, for certain grants and loans, and
for reimbursement for certain disposal costs of contaminated used
oil. The act authorizes money in the fund, upon appropriation by the
Legislature, among other things, to be transferred to the Farm and
Ranch Solid Waste Cleanup and Abatement Account in the General Fund,
to pay costs associated with implementing and operating the farm and
ranch solid waste cleanup and abatement grant program.
This bill would authorize the continuously appropriated moneys in
the fund also to be used for rerefining incentives. The bill would
increase the amount available for payments for implementation of
local used oil collection programs to $13,000,000 or one-half the
amount remaining in the fund after specified expenditures are made,
thereby making an appropriation, and would exempt the application and
grant award process for these payments from a public meeting
requirement, otherwise applicable to programs under the act. The bill
would prohibit money in the California Used Oil Recycling Fund
attributable to increasing or adjusting the charge on oil
manufacturers described in (2) above from being transferred to the
Farm and Ranch Solid Waste Cleanup and Abatement Account.
(5) The act prohibits a used oil collection center from being
eligible for the payment of recycling incentives until the board has
certified the center and authorizes the board to cancel
certification, after a public hearing, upon finding noncompliance
with certification requirements. The act requires a center to reapply
for certification every 2 years.
This bill instead would require a center to reapply for
certification every 4 years and would eliminate the public hearing
requirement for cancellation of certification.
(6) Under the act, if the board finds that a shipment of used oil
from a certified used oil collection center or a curbside collection
program is contaminated by hazardous material and other specified
requirements are met, the board, upon application of the center or
program, is required to reimburse the center or program for the
additional disposal cost of the used oil, subject to eligibility
requirements and payment limitations.
This bill would include uncertified publicly funded used oil
collection centers in small rural counties in those entities eligible
to receive that reimbursement, and would modify the eligibility
requirements and payment limitations.
(7) The act imposes certification requirements for used oil
recycling facilities.
This bill would specify certification requirements for
out-of-state used oil recycling facilities seeking certification,
including requirements to make certain declarations under penalty of
perjury. Because this would expand the application of a crime, it
would impose a state-mandated local program. The bill would also
would impose certification requirements on rerefiners of used oil.
(8) The act imposes reporting requirements on industrial
generators of used lubricating oil, used oil collection centers, and
curbside collection programs, to be eligible for payment of a
recycling incentive.
This bill would revise those reporting requirements.
(9) This bill would make other related changes to the act.
(10) Because a violation of the act is a crime, the bill would
impose a state-mandated local program by, among other things,
bringing rerefiners of used lubricating oil within the ambit of the
act.
(2)
(11) Existing law generally regulates persons who
generate, receive, store, transfer, transport, treat, or recycle used
oil. A violation of those requirements is a crime.
This bill would generally require used oil to be tested
an and analyzed by a laboratory accredited by
the State Department of Public Health, to ensure that it meets
specified criteria, before a load of used oil is shipped to a
transfer facility, recycling facility, or facility located out of the
state. The bill would require the testing and analysis to be
accomplished by a registered hazardous waste transporter before
acceptance at a transfer or recycling facility or shipment out of
state, except as otherwise specified. The bill would require the
person performing the test to maintain records of the test for at
least 3 years and provide that the person is
to be subject to audit and verification by the Department of
Toxic Substances Control. The bill would require the registered
hazardous waste transporter who is listed as the transporter on the
Uniform Hazardous Waste Manifest used to ship used oil out of state
to submit a report annually to the department containing information
regarding shipment of used oil out of state. The bill would
require the department to inspect transporters annually to verify
compliance with these requirements, and to charge the transporter for
any costs associated with the inspection. Because a violation
of the used oil requirements would be a crime, the bill would impose
a state-mandate state-mandated local
program.
(3)
(12) The California Constitution requires the state to
reimburse local agencies and school districts for certain costs
mandated by the state. Statutory provisions establish procedures for
making that reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no yes
. Fiscal committee: yes. State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 25250.29 is added to the Health and Safety
Code, to read:
25250.29. (a) Except as provided in paragraph (2) of subdivision
(b) and subdivision (g), before a load of used oil is shipped to a
transfer facility, recycling facility, or facility located out of the
state, the used oil shall be tested and analyzed by a laboratory
accredited by the State Department of Public Health pursuant to
Article 3 (commencing with Section 100825) of Chapter 4 of Part 1 of
Division 101, to ensure that the used oil meets all of the following
characteristics:
(1) A flashpoint above 100 degrees Fahrenheit.
(2) A polychlorinated biphenyls (PCB) concentration of less than 5
ppm.
(3) A concentration of total halogens of 1000 ppm or less, unless
the presumption in subclause (I) of clause (v) of subparagraph (C) of
paragraph (1) of subdivision (a) of Section 25250.1 has been
rebutted pursuant to subclause (II) of clause (v) of subparagraph (C)
of paragraph (1) of subdivision (a) of Section 25250.1.
(b) The testing and analysis required pursuant to subdivision (a)
shall be accomplished by a registered hazardous waste transporter
prior to acceptance at a transfer facility or recycling facility, or
shipment out of the state, except the transporter is not required to
perform the testing and analysis if the transporter can do either of
the following:
(1) (A) Demonstrate that testing and analysis has been performed
by the generator of the used oil prior to shipment.
(B) Subparagraph (A) does not require the generator of the used
oil to perform the testing and analysis required by this section.
(2) Provide documentation that the testing will be performed by a
transfer facility or a recycling facility issued a permit by the
department pursuant to this chapter.
(c) (1) A transporter shall not require a used oil collection
center to test tanks or containers that contain only used lubricating
oil or oil filters accepted from the public as a condition of
accepting the oil for shipment.
(2) A transporter shall not require a generator to test used oil
as a condition of accepting that used oil for shipment.
(3) This subdivision does not alter a generator's responsibility
to comply with regulations adopted by the department that govern the
operation of a generator , and a transporter shall
not be required to transport untested used oil .
(d) This section does not affect or limit a testing requirement
that the department may impose on a used oil transfer facility or
used oil recycling facility as a condition of a permit issued by the
department, including, but not limited to, a test required pursuant
to a facility's waste analysis plan.
(e) The person performing a test required by subdivision (a) shall
maintain records of tests performed for used oil for at least three
years and is subject to audit and verification by the department.
(f) The registered hazardous waste transporter who is listed as
the transporter on the Uniform Hazardous Waste Manifest used to ship
used oil out of state shall submit a report, on or before March 1 of
each year, to the department, containing all of the following
information for the preceding year:
(1) Total volume of used oil shipped out of state.
(2) Date of each shipment of used oil out of state.
(3) Uniform Hazardous Waste Manifest tracking number used to ship
used oil out of the state.
(4) Volume of used oil shipped out of state listed on each
manifest.
(5) Information pertaining to the out-of-state facility to which
the used oil was shipped, including the facility name, facility
address, and facility EPA ID number.
(6) Signed certification that all used oil shipped out of the
state was analyzed and conformed to the requirements of subdivision
(a), including identification of the accredited laboratory utilized
to test and analyze the used oil shipment.
(7) Any other information that the department may require.
(g) (1) This section does not apply to a load for shipment that
consists exclusively of used lubricating oil accepted by a used oil
collection center from the public, including, but not limited to,
used lubricating oil accepted by a publicly funded certified or
uncertified used oil collection center located in a small rural
county.
(2) This section does not require a generator to test used oil for
dielectric oil derived from highly refined mineral oil used in oil
filled electrical equipment. Nothing in this section exempts that oil
from any testing requirement required by any other law.
(3) This section does not prohibit the transportation of used oil
to a facility located outside the state, or impose liability other
than compliance with the requirements of this section upon, or in
another way affect the liability of, a generator whose used oil is
transported to a facility located outside the state.
(h) The department shall inspect transporters annually to verify
compliance with this section. The department shall charge the
transporter for any costs, including indirect costs, associated with
the inspection.
SEC. 2. Section 48100 of the Public
Resources Code is amended to read:
48100. (a) The Legislature hereby finds and declares that illegal
disposal of solid waste on property owned by innocent parties is a
longstanding problem needing attention and that grants provided under
this chapter will support the cleanup of farm and ranch property.
(b) The board shall establish a farm and ranch solid waste cleanup
and abatement grant program for the purposes of cleaning up and
abating the effects of illegally disposed solid waste pursuant to
this chapter.
(c) (1) The Farm and Ranch Solid Waste Cleanup and Abatement
Account is hereby created in the General Fund and may be expended by
the board, upon appropriation by the Legislature in the annual Budget
Act, for the purposes of this chapter.
(2) The following funds shall be deposited into the account:
(A) Money appropriated by the Legislature from the Integrated
Waste Management Fund or the California Used Oil Recycling Fund to
the board for the grant program, or from the California Tire
Recycling Management Fund to the board for the purposes set forth in
paragraph (10) of subdivision (j)
(b) of Section 42889.
(B) Notwithstanding Section 16475 of the Government Code, any
interest earned on the money in the account.
(3) The board may expend the money in the account for both of the
following purposes:
(A) To pay the costs of implementing this chapter, which costs
shall not exceed 7 percent of the funds available for the grant
program.
(B) To make payments for grants authorized by this chapter.
(4) Upon authorization by the Legislature in the annual Budget
Act, the sum of all funds transferred into the account from other
funds or accounts shall not exceed one million dollars ($1,000,000)
annually.
(5) Notwithstanding Except as provided in
paragraph (2) of subdivision (c) of Section 48653, notwithstanding
any other provision of law, the grant program shall be funded
from the following funds:
(A) The Integrated Waste Management Fund.
(B) The California Tire Recycling Management Fund, for the
purposes set forth in paragraph (10) of subdivision
(j) (b) of Section 42889.
(C) The California Used Oil Recycling Fund.
(d) For purposes of this chapter, the following definitions shall
apply:
(1) "Native American tribe" has the same meaning as tribe, as
defined in subdivision (b) of Section 44201.
(2) "Public entity" means a city, county, or resource conservation
district.
SEC. 2. SEC. 3. Section 48620.2 is
added to the Public Resources Code, to read:
48620.2. "Rerefined oil" means a lubricant base stock or oil base
that has been derived from used oil and meets all the following
criteria:
(a) Processed using a series of mechanical or chemical methods, or
both, including, but not limited to, vacuum distillation, followed
by solvent refining or hydrotreating.
(b) Capable of meeting the Physical and Compositional Properties,
in addition to the Contaminants and Toxicological Properties, as
defined under the American Society for Testing and Materials (ASTM)
D6074-99 standard.
(c) Processed into a material that has a quality level suitable
for use in a finished lubricant.
SEC. 3. SEC. 4. Section 48623 of the
Public Resources Code is amended to read:
48623. "Used oil hauler" means a hazardous waste transporter
registered pursuant to Chapter 6.5 (commencing with Section 25100) of
Division 20 of the Health and Safety Code who transports used oil to
a used oil recycling facility certified pursuant to Article 7
(commencing with Section 48660), to a used oil storage facility,
or to a used oil transfer facility , or to an
out-of-state recycling facility registered with the board pursuant
to subdivision (b) of Section 48662 .
SEC. 4. SEC. 5. Section 48624 of the
Public Resources Code is amended to read:
48624. "Used oil recycling facility"
facility," for purposes of this chapter, means a facility that
produces recycled oil, as defined in Section 25250.1 of the
Health and Safety Code, and is eligible for certification pursuant to
is certified pursuant to Section 48662.
SEC. 6. Section 48631 of the Public
Resources Code is amended to read:
48631. The used oil recycling program shall include, but is not
limited to, all of the following:
(a) A recycling incentive system as described in Article 6
(commencing with Section 48650).
(b) Grants or loans, as specified in Section
48632.
(c) Development and implementation of an information and education
program for the promotion of to promote
alternatives to the illegal disposal of used oil , methods
to reduce the amounts of used oil generated, and environmentally
preferable uses of recycled oil, including the use of rerefined oil
in automotive and industrial lubricants .
(d) A reporting, monitoring, and enforcement program to ensure
that all statutes and regulations relating to used oil are properly
carried out.
SEC. 7. Section 48632 of the Public
Resources Code is amended to read:
48632. The board may issue grants or loans
pursuant to subdivision (b) of Section 48631 for only the
following purposes:
(a) To
to local governments , nonprofit entities, and
private entities, for providing collection and recycling
opportunities for used lubricating oil collection
and filters , which that
are in addition to those included in the local used oil
collection programs adopted pursuant to Article 10 (commencing with
Section 48690). Grants or loans under this
subdivision section may also
be for those purposes identified in subdivision
(d). , but are not limited to, any of the following:
(b) To nonprofit entities for projects, which may include one or
more of the following programs or activities:
(1)
(a) Establishing used lubricating oil collection
centers infrastructure and sustaining used
oil collection opportunities .
(2) Providing containers and other materials and supplies that the
public can utilize in an environmentally sound manner to store used
lubricating oil for pickup or return to a used oil collection center.
(3) Obtaining equipment and establishing procedures to comply with
federal, state, and local law regarding the collection, handling,
and storage of used oil.
(4) For the purposes identified in subdivision (d).
(c) For either or both of the following purposes:
(1)
(b) Research, testing, and demonstration projects for
collection technologies and to develop uses for products
resulting from the recycling of used oil other new and
innovative projects in used oil management .
(2) The purposes identified in subdivision (d).
(c) Developing uses for products resulting from the recycling of
used oil.
(d) (1) For education Education and
mitigation projects relating to stormwater pollution from used oil
and oil byproducts, including, but not limited to, use of storm drain
inlet filter devices.
(2) A local government shall not receive a grant or loan
pursuant to this section for any purpose identified in
paragraph (1) unless the local government certifies that it has a
stormwater management program that is approved by the appropriate
California regional water quality control board and that the project
approved for funding under paragraph (1) is consistent with that
approved stormwater management program.
(e) Promoting the manufacture of rerefined lubricating oil.
SEC. 8. Section 48633 of the Public
Resources Code is repealed.
48633. The grants to nonprofit organizations and governmental
entities authorized by subdivisions (a) and (b) of Section 48632 may
include grants to offset operational expenses.
SEC. 9. Section 48634 of the Public
Resources Code is repealed.
48634. In adopting the program required by this article, the
board shall consider information developed pursuant to the Used Oil
Collection Demonstration Grant Program Act of 1990 (Chapter 1.5
(commencing with Section 3475) of Division 3).
SEC. 10. Section 48645 of the Public
Resources Code is amended to read:
48645. Final Except for payments made to
local governments pursuant to paragraph (3) of subdivision (a) of
Section 48653, final approval of applicant and project
eligibility standards, scoring and evaluation processes, and awarding
of loans or grants under this chapter shall be
made in a public meeting of, and pursuant to a vote of, the board.
SEC. 11 . Section 48650 of the
Public Resources Code is amended to read:
48650. (a) Every oil manufacturer shall pay to the board, on or
before the last day of the month following each quarter, an amount
equal to four cents ($0.04) six cents ($0.06)
for every quart, or sixteen cents ($0.16)
twenty-four cents ($0.24) for every gallon, of lubricating
oil sold or transferred in the state, or imported into the state for
use in the state in that quarter. For lubricating oil sold by
weight, a weight to volume conversion factor of 7.5 pounds per gallon
shall be used to determine the fee. Commencing in 2011, the
board shall adjust the base r ate of the payment annually
to reflect increases or decreases in the cost of living during the
prior fiscal year, as measured by the California Consumer Price Index
issued by the Department of Industrial Relations or a successor
agency. Except as provided in subdivision (b), no payment is
required for oil which that meets any
of the following:
(1) Oil for which a payment has already been made to the board
pursuant to this section.
(2) Oil exported or sold for export from the state.
(3) Oil sold for use in vessels operated in interstate or foreign
commerce.
(4) Oil imported into the state in the engine crankcase,
transmission, gear box, or differential of an automobile, bus, truck,
vessel, plane, train, or heavy equipment or machinery.
(5) Bulk oil imported into, transferred in, or sold in the state
to a motor carrier, as defined in Section 408 of the Vehicle Code,
and used in a vehicle designated in subdivisions (a) and (b) of
Section 34500 of the Vehicle Code.
(6) The oil otherwise subject to payment pursuant to this
subdivision has a volume of five gallons or less.
(7) Oil sold as a finished lubricant containing 60 percent
rerefined base lubricant.
(b) If oil exempted from payment pursuant to subdivision (a) is
subsequently sold or transferred for use, or is used, in this state,
and the use does not qualify for exemption pursuant to subdivision
(a), the entity which that sells,
transfers, or uses the oil for a purpose which
that is not exempt from payment, shall make the payment
specified in subdivision (a).
(c) This section shall become operative on January 1, 2000.
SEC. 12. Section 48651 of the Public
Resources Code is amended to read:
48651. (a) The board shall pay a recycling incentive
pursuant to subdivision (a) of Section 48652 to every
industrial generator, curbside collection program, and certified used
oil collection center, for used lubricating oil collected from the
public , or generated by the certified
used oil collection center or the industrial generator,
and transported by a used oil hauler to the facilities
specified in Section 48623. if either of the following
conditions apply:
(1) The used lubricating oil is transported by a used oil hauler
to a used oil storage facility or to a used oil transfer facility
that complies with subdivision (b), for the purpose of producing
recycled oil.
(2) The used lubricating oil is transported by a used oil hauler
directly to an in-state used oil recycling facility that is certified
pursuant to subdivision (a) of Section 48662, or to an out-of-state
used oil recycling facility registered with the board pursuant to
subdivision (b) of Section 48662, for the purpose of producing
recycled oil.
(b) The board shall pay a recycling incentive to an electric
utility, as defined in Section 25108, for used lubricating oil
generated and used by the electric utility for electrical generation
if the electric utility's use of the used lubricating oil meets the
requirements of subparagraph (C) of paragraph (2) of subdivision (d)
of Section 25143.2 of the Health and Safety Code and the used oil is
in compliance with the standards for recycled oil established in
paragraph (3) of subdivision (a) of Section 25250.1 of the Health and
Safety Code.
(c)
(b) A person or entity that generates used
industrial oil or a used oil storage facility or a used oil
transfer facility that accepts used oil pursuant to paragraph
(1) of subdivision (a) shall cause that oil to be transported
by a used oil hauler to a certified used oil
recycling facility certified pursuant to subdivision (a) of
Section 48662 or to an out-of-state used oil
recycling facility registered with the Environmental
Protection Agency and operating in substantial compliance with
applicable regulatory standards of the state in which the recycling
facility is located registered with the board pursuant
to subdivision (b) of Section 48662 .
SEC. 13. Section 48651.5 is added to the
Public Resources Code , to read:
48651.5. (a) The board, with regard to promoting the recycling of
used lubricating oil into rerefined oil, shall pay a rerefining
incentive pursuant to subdivision (b) of Section 48652 if all of the
following conditions are met:
(1) The facility is an in-state or out-of-state recycling facility
that is certified in accordance with subdivision (c) of Section
48662 and produces rerefined base lubricant meeting the
specifications of rerefined oil as defined in Section 48620.2.
(2) The used oil was generated and collected within the state and
prior to treatment or processing has been tested to meet the
definition of used oil as specified in paragraph (1) of subdivision
(a) of Section 25250.1 of the Health and Safety Code.
(3) The facility submits to the board a completed used oil
rerefining incentive payment claim in the form and manner that the
board may prescribe.
(b) To further promote the safe management of used oil, the board,
using existing financial resources, shall identify and evaluate the
most environmentally beneficial uses of used lubricating oil. On or
before January 2012, the board shall consider whether to implement
additional incentives pursuant to this section that prioritize the
highest and most beneficial uses of used lubricating oil.
SEC. 14. Section 48652 of the Public
Resources Code is amended to read:
48652. (a) The board shall set the
recycling incentive amount at not less than
four cents ($0.04) ten cents ($0.10)
per quart. The amount board may
be set the amount at an amount higher
than four cents ($0.04) ten cents ($0.10)
if the board determines that a higher amount is necessary to
promote the collection and recycling of used lubricating
oil and sufficient funds are available in the fund. The
board shall not change the amount of the recycling incentive until at
least one year has passed since the amount was last set. The board
shall continue providing recycling incentives to certified used oil
collection centers at the previous rate for one month after setting
the recycling incentive at a different rate. The board shall not
raise the recycling incentive amount unless it finds that the raise
will not adversely affect funding required pursuant to Sections
48631, 48653, and 48660.5.
(b) On and after January 1, 2014, the board shall set the
rerefining incentive at two cents ($0.02) per gallon. On and after
January 1, 2015, the board may set the amount at an amount higher
than two cents ($0.02) per gallon if the board determines that a
higher amount is necessary to promote rerefining of used lubricating
oil and sufficient funds are available in the fund.
(c) The board shall not change the amount of an incentive paid
pursuant to this section until at least one year has passed since the
amount was last set. The amount of an incentive paid by the board
shall remain at the previous amount for one month after setting the
incentive at a different amount. The board shall not raise the amount
of an incentive paid or implement other incentive options pursuant
to subdivision (b) of Section 48651.5 unless it finds that the
increase will not adversely affect funding required pursuant to
Sections 48631, 48653, and 48660.5.
SEC. 15. Section 48653 of the Public
Resources Code is amended to read:
48653. The board shall deposit all amounts paid pursuant to
Section 48650 by manufacturers, civil penalties , or
and fines paid pursuant to this chapter, and all
other revenues received pursuant to this chapter into the California
Used Oil Recycling Fund, which is hereby created in the State
Treasury. Notwithstanding Section 13340 of the Government Code, the
money in the fund is to be appropriated solely as follows:
(a) Continuously appropriated to the board for expenditure for the
following purposes:
(1) To pay recycling incentives pursuant to Section 48651.
(2) To provide a reserve for contingencies, as may be available
after making other payments required by this section, in an amount
not to exceed one million dollars ($1,000,000).
(3) To make block grants payments
for the implementation of local used oil collection programs adopted
pursuant to Article 10 (commencing with Section 48690) to cities,
based on the city's population, and counties, based on the population
of the unincorporated area of the county, in a total annual amount
equal to ten thirteen million dollars
($10,000,000) ($13,000,000) or half of
the amount which that remains in the
fund after the expenditures are made pursuant to paragraphs (1)
to (3), inclusive, and (2) and
subdivision (b), whichever amount is greater, multiplied by the
fraction equal to the population of cities and counties
which that are eligible for block
grants payments pursuant to Section 48690,
divided by the population of the state. The board shall use the
latest population estimates of the state generated by the Population
Research Unit of the Department of Finance in making the calculations
required by this paragraph.
(4) To implement Section 48660.5 in an amount not to exceed two
hundred thousand dollars ($200,000) annually.
(5) (A) To implement subdivisions (b) and (c) of Section 48631 and
Section 48632.
(B) Grants pursuant to subdivision (b) of Section 48631 and
Section 48632 shall be offered each fiscal year that commences in an
odd-numbered year.
(C) The allocation of funds to implement subdivisions (b) and (c)
of Section 48631 and Section 48632 shall be at the discretion of the
board to be determined in a public meeting, and pursuant to a vote,
of the board.
(4)
(6) For expenditures pursuant to Section 48656.
(b) The money in the fund may be expended by the board for the
administration of this chapter and by the department for inspections
and reports pursuant to Section 48661, only upon appropriation by the
Legislature in the annual Budget Act.
(c) The (1) Except
as provided in paragraph (2), the money in the fund may be
transferred to the Farm and Ranch Solid Waste Cleanup and Abatement
Account in the General Fund, upon appropriation by the Legislature in
the annual Budget Act, to pay the costs associated with implementing
and operating the Farm and Ranch Solid Waste Cleanup and Abatement
Grant Program established pursuant to Chapter 2.5 (commencing with
Section 48100).
(2) The money in the fund attributable to a charge increase or
adjustment made or authorized by amendment of subdivision (a) of
Section 48650 by the act adding this paragraph shall not be
transferred to the Farm and Ranch Solid Waste Cleanup and Abatement
Account.
(d) Appropriations to the board to pay the costs necessary to
administer this chapter, including implementation of the reporting,
monitoring, and enforcement program pursuant to subdivision
(d) of Section 48631, shall not
exceed three million dollars ($3,000,000) annually.
(e)
(d) The Legislature hereby finds and declares its
intent that the sum of two three
hundred fifty thousand dollars ($250,000)
($350,000) should be annually appropriated from the California
Used Oil Recycling Fund in the annual Budget Act to the board,
commencing with fiscal year 1996-97 2010-
11 , for the purposes of Section 48655 and to
conduct those investigations and enforcement actions necessary to
implement subdivision (b) of Section 48651 .
SEC. 16. Section 48656 of the Public
Resources Code is amended to read:
48656. After all of the expenditures pursuant to Section 48653
have been made, notwithstanding paragraph (4)
(6) of subdivision (a) of Section 48653, the balance remaining
in the fund shall be available to the board for expenditure
solely for the implementation of subdivisions (b) and (c) of Section
48631 and Sections 48632 and 48660.5. The board shall not expend
more than two hundred thousand dollars ($200,000) to implement
Section 48660.5 and at least 40 percent of the money remaining in the
fund shall be expended for the purposes of subdivision (a) of
Section 48632, at least 10 percent shall be expended for the purposes
of subdivision (b) of Section 48632, at least 20 percent shall be
expended for the purposes of subdivision (c) of Section 48631, and at
least 10, but not more than 15, percent shall be expended for the
purposes of subdivision (c) of Section 48632 for
incentives pursuant to Section 48651.5 .
SEC. 17. Section 48660 of the Public
Resources Code is amended to read:
48660. (a) No used oil collection center shall be eligible for
the payment of recycling incentives until the board has certified
that the center is in compliance with the requirements
specified in subdivision (b). Before certification, the
board may require the center to submit any information that the board
determines is necessary to find that the center is in compliance
with those requirements. A center shall reapply for certification
every two four years. The board may
cancel the certification of a center if the board finds ,
after a public hearing, that the center is not, or has not
been, in compliance with subdivision (b). The board may withhold the
payment of recycling incentives for used lubricating oil collected by
a center if the board finds that the center was not in compliance
with subdivision (b) during the time in which the used lubricating
oil was collected.
(b) To be eligible for certification by the board and for the
payment of recycling incentives, the used oil collection center shall
do all of the following:
(1) (A) Accept used lubricating oil from the public at no charge
during the hours between 8 a.m. and 8 p.m. that the entity operating
as the center is open for business.
(B) The board may approve alternative hours for the acceptance of
used lubricating oil by an individual center if either of the
following conditions is met:
(i) The center accepts used lubricating oil for 12 continuous
hours daily.
(ii) The center demonstrates that compliance with Section 279.31
of Title 40 of the Code of Federal Regulations prevents the center
from complying with subparagraph (A).
(2) Pay to any a person , upon
the person's request, an amount equal to the recycling
incentive which that the center will
receive for used lubricating oil brought to the center in containers
by the person. Nothing in this chapter prohibits any
a person from donating used lubricating oil to a
center. With the exception of centers that generate used
lubricating oil by servicing motor vehicles, the The
recycling incentive may be in the form of a credit that may be
applied toward the purchase of goods or services offered by the
center, as determined by the board. The credit shall be in the form
of a voucher or coupon with a value of at least twice the incentive
amount to be paid pursuant to Section 48652 and have no other limits
for use, unless prescribed by the board.
(3) Provide information to the board for informing the public of
the center's acceptance of used lubricating oil.
(4) Provide notice to the public, through onsite signs and
periodic advertising in local media, of the center's acceptance of
used lubricating oil from the public.
(A) Onsite signs shall be of a design prescribed by the board and
exterior signs shall be posted in a location that is easily visible
from a public street.
(B) A certified center shall post a combined symbolic and
information exterior sign of at least two feet by three feet in size,
or shall post an exterior symbolic sign of at least two feet by 18
inches in size. If the exterior symbolic sign is posted, the combined
symbolic and informational sign shall be concurrently posted so that
it is easily readable from the location where the used oil is
received from the public. The exterior symbolic sign shall include
the following words in a manner specified by the board: "Used Oil
Collection Center."
(C) The informational portion of the combined signs shall include
the following words, in a manner specified by the board: "Used Oil
Collection Center--Recycling Incentive Paid for Used Lubricating Oil
in Containers During Business Hours from Members of the Public Who
Change Their Own Oil."
(D)
(C) A center that does not accept used lubricating oil
from the public during all of its business hours, but meets the
requirements of paragraph (1), shall indicate on the exterior sign
the hours when that used oil is accepted at no charge from the public
and these hours shall be posted instead of the business hours.
(E)
(D) If local zoning ordinances prevent signs of a size
consistent with this paragraph, the exterior symbolic sign shall be
of the maximum allowable size.
(c) Notwithstanding subdivision (b), a used oil collection center
may refuse to accept used lubricating oil which
that has been contaminated in a manner other than that
which would occur through normal use.
(d) Notwithstanding subdivision (b), no a
used oil collection center shall not knowingly accept
used lubricating oil for which a payment has not been made pursuant
to Section 48650.
SEC. 18. Section 48660.5 of the Public
Resources Code is amended to read:
48660.5. (a) If the board finds that a shipment of used oil from
a certified used oil collection center or ,
a curbside collection program , or an uncertified publicly
funded used oil collection center in a small rural county is
contaminated by hazardous materials in excess of that which generally
occurs in normal use, which renders the used oil infeasible for
recycling, and requires that the used oil be destroyed at a
substantially higher cost than the cost generally to recycle used
oil, the board shall, upon application by the used oil collection
center or curbside collection program, reimburse the center or
program for the additional disposal cost, subject to the eligibility
requirements of subdivision (b), except as provided in subdivision
(c).
(b) A certified used oil collection center or
, curbside collection program , or uncertified
publicly funded used oil collection center in a small rural county
is eligible for reimbursement only if it demonstrates to the
satisfaction of the board all of the following , except that
paragraph (1) does not apply to a publicly funded used oil collection
center in a small rural county :
(1) The center or program has established procedures to ensure
that the used oil it generates and accepts from the public will not
be mixed with other hazardous wastes, especially halogenated and
polychlorinated biphenyl- contaminated wastes.
These procedures shall include, but not be limited to, instructing
the public and employees that used oil shall not be mixed with other
hazardous waste. The board shall not require a center or program to
test used oil received from the public as part of these procedures.
(2) The shipment contains not more than five gallons or pounds of
contaminants combined, based on the contaminant concentrations and
the total volume or weight of the shipment.
(c) In any a calendar year, a used
oil collection center or , curbside
collection program , or uncertified publicly funded used oil
collection center in a small rural county shall be reimbursed
for not more than one shipment and for not more than five thousand
dollars ($5,000) in disposal costs for halogen-contaminated
waste or not more than the actual net additional costs of disposing
of polychlorinated biphenyl-contaminated wastes , subject to
the availability of funds pursuant to Section 48656.
SEC. 19. Section 48661 of the Public
Resources Code is amended to read:
48661. (a) On and after July 1, 1992, the
The department shall annually inspect used oil recycling
facilities located in this state .
(b) Within 135 days following inspection, the department shall
submit a report to the board, describing all of the following:
(1) Any violations of Chapter 6.5 (commencing with Section 25100)
of Division 20 of the Health and Safety Code.
(2) Any corrective actions ordered or agreed to by the department.
(3) Progress by the facility in correcting violations identified
in previous inspections.
(c) In the report required by subdivision (b), the department
shall specifically state whether any of the following occurred:
(1) The department has identified violations of subdivision (c) of
Section 25250.1 of the Health and Safety Code regarding achievement
of minimum standards of purity for recycled oil.
(2) The department has identified violations of regulations
requiring financial responsibility assurance for liability, closure,
and postclosure obligations.
(3) Where prior contamination has been identified, the facility
has an approved corrective action plan and has not been found to be
in violation of its requirements.
(4) The department has identified violations that meet the
criteria for class 1 violations, as defined in Section 66260.10 of
Title 22 of the California Code of Regulations.
SEC. 5. SEC. 20. Section 48662 of
the Public Resources Code is amended to read:
48662. (a) The board shall certify or recertify a used oil
recycling facility that meets either of the following
requirements: located in this state and for which the
board has received a report from the department pursuant to Section
48661, unless the board determines that the facility is engaged in a
repeating or recurring pattern of noncompliance that poses a
significant threat to public health and safety or the environment.
(b) The board shall certify or recertify an out-of-state recycling
facility that receives used oil from a California generator to which
a recycling incentive may be paid if both of the following
requirements are met:
(1) The out-of-state used oil recycling facility registers with
the board and declares, under penalty of perjury, that it is
operating in substantial compliance with Part 279 (commencing with
Section 279.1) of Title 40 of the Code of Federal Regulations. An
out-of-state recycling facility registering with the board pursuant
to this subdivision shall, upon request, provide the board or the
department with a copy of any inspection report issued for the
facility by, or any other enforcement related documents available to,
the agency responsible for enforcing Part 279 (commencing with
Section 279.1) of Title 40 of the Code of Federal Regulations at the
facility.
(2) The out-of-state used oil recycling facility declares, under
penalty of perjury, to the board that used oil that it receives from
a California generator to whom a recycling incentive may be paid is
recycled to meet the purity standards for recycled oil, as defined in
Section 48620. An out-of-state recycling facility registering with
the board pursuant to this subdivision shall, upon request, provide
the board or the department with a copy of records demonstrating that
the used oil has been recycled to meet those purity standards.
(c) The board shall certify or recertify a rerefiner of used oil
that meets either of the following requirements:
(1) The used oil recycling facility located in this state is
certified pursuant to subdivision (a) and produces rerefined base
lubricant meeting the specifications for rerefined oil as defined in
Section 48620.2.
(2) The used oil recycling facility is an out-of-state facility
certified under subdivision (b) that certifies annually in writing,
under penalty of perjury, to the board that the facility produces
rerefined base lubricant meeting the specifications for rerefined
oil, as defined in Section 48620.2. An out of state recycling
facility registering with the board pursuant to this subdivision
shall, upon request, provide the board or the department with a copy
of records demonstrating that the used oil has been recycled to meet
the specifications for rerefined oil, as defined in Section 48620.2.
(d) An out-of-state facility certified pursuant to subdivision (b)
or (c) shall, upon a request by the board, be subject to audit by
the department to verify the applicable requirements for
certification.
(e) Subdivision (d) does not require the department to inspect or
prohibit the department from inspecting an out-of-state facility to
determine whether the department is satisfied that the facility
substantially meets the requirements for certification.
(f) As a condition of compliance with and audit performed pursuant
to subdivision (d), an out-of-state facility shall enter into an
agreement with the department pursuant to Section 25201.9 of the
Health and Safety Code to pay the department's full expenses of
conducting the audit, including any inspection costs the department
may incur in determining whether the facility meets the requirements
for certification.
(g) If the board denies certification to a facility subject to
subdivision (a), (b), or (c), the board may subsequently certify the
facility if the board determines that the facility meets the
standards for certification.
(1) The used oil recycling facility is located in this state and
the board has received a report from the department pursuant to
Section 48661, unless the board determines that the facility is
engaged in a repeating or recurring pattern of noncompliance that
poses a significant threat to public health and safety or the
environment.
(2) The used oil recycling facility is an out-of-state facility
and the board receives a report from the department that the
out-of-state facility has demonstrated to the satisfaction of the
department that the facility substantially meets the requirements in
Part 279 (commencing with Section 279.1) of Title 40 of the Code of
Federal Regulations and recycles used lubricating oil to meet the
purity standards for recycled oil, as specified in subparagraph (B)
of paragraph (3) of subdivision (a) of Section 25250.1 of the Health
and Safety Code.
(b) If the board denies certification to a facility subject to
this section, the board may subsequently certify the facility if it
determines that the facility meets the standards for certification.
(c) An out-of-state facility that seeks certification shall
annually certify, in writing to the board, under penalty of perjury,
that the facility substantially meets the requirements in Part 279
(commencing with Section 279.1) of Title 40 of the Code of Federal
Regulations.
(d) Paragraphs (1) and (2) of subdivision (a) do not require the
department to inspect or prohibit the department from inspecting an
out-of-state facility to determine whether the department is
satisfied that the facility substantially meets the requirements in
Part 279 (commencing with Section 279.1) of Title 40 of the Code of
Federal Regulations and recycles used lubricating oil to meet the
purity standards for recycled oil, as specified in subparagraph (B)
of paragraph (3) of subdivision (a) of Section 25250.1 of the Health
and Safety Code for recycled oil.
(e) As a condition of demonstrating compliance pursuant to
subdivision (a), a facility shall enter into an agreement with the
department pursuant to Section 25201.9 of the Health and Safety Code
to pay the department's full expenses for conducting the review and
any inspection costs the department may incur in determining whether
the facility substantially meets the requirements in Part 279
(commencing with Section 279.1) of Title 40 of the Code of Federal
Regulations and whether the facility recycles used oil to meet the
purity standards for recycled oil, as specified in subparagraph (B)
of paragraph (3) of subdivision (a) of Section 25250.1 of the Health
and Safety Code.
SEC. 21. Section 48670 of the Public
Resources Code is amended to read:
48670. (a) To be eligible for payment of a
recycling incentive, an industrial generator of used lubricating oil,
a used oil collection center, or a curbside collection program shall
report to the board, for each quarter, the
both of the following:
(1) The amount of lubricating oil
purchased and the amount of used lubricating oil that is transported
to a certified used oil recycling facility, or to
a used oil storage facility , or to a used oil transfer
facility, or that is transported to an out-of-state recycling
facility registered with the Environmental Protection Agency
and permitted to operate by the applicable regulatory agency of the
state in which the facility is located, or that is used to generate
electricity pursuant to subdivision (b) of Section 48651. The
registered with the board pursuant to subdivision (b)
of Section 48662.
(2) The amount of used lubricating oil collected from the public,
for use in determining the recycling incentive payment, that is
transported to a certified used oil recycling facility, to a used oil
storage facility, or to a used oil transfer facility, or that is
transported to an out-of-state recycling facility registered with the
board pursuant to subdivision (b) of Section 48662. However, a
certified collection center with service bays located in a small
rural county shall be eligible for a recycling incentive based on 60
percent of the total oil recycled by collecting used oil from the
public and servicing motor vehicles. If the center documents, in the
form prescribed by the board, that the portion that resulted from
public collection exceeds 60 percent of the total oil recycled, the
center shall be eligible for the incentive payment based on the
actual amount of used oil accepted from the public and recycled.
(b) (1) The
reports shall be submitted on or before the 45th day following each
quarter, in the form and manner which that
the board may prescribe, and shall include copies of manifests
or modified manifest receipts from used oil haulers. The
(2) The copies of manifests or modified
manifest receipts required by paragraph (1) shall be signed by the
generator of the used oil and shall specify the receiving used oil
facility.
(3) If the used oil was shipped to a
facility located out of the state, the r eport also shall
include testing and analysis data provided by the
receiving facility documenting compliance with subdivision (a) of
Section 25250.29 of the Health and Safety Code and that the used oil
was recycled to meet the purity standards for recycled oil as defined
in Section 48620.
(c) The board may delegate to the
executive officer of the board the authority to accept reports
submitted after the 45th day and to reduce, eliminate, or approve the
amount of incentive fee to be paid due to the late submission of the
report. The board may provide, by regulation, for a longer reporting
period for industrial generators that generate less than 1,000
gallons of used oil annually.
SEC. 6. SEC. 22. Section 48673 of
the Public Resources Code is amended to read:
48673. (a) On and after January 1, 2010, a used oil recycling
facility issued a permit by the department to produce recycled oil,
as defined in Section 25250.1 of the Health and Safety Code, and an
out-of-state used oil recycling facility that is certified by the
board pursuant to Section 48662, shall report to the board for each
quarter the amount of used oil received and the amount of recycled
oil produced.
48673. (a) A used oil recycling facility
registered with the board pursuant to Section 48662 shall report to
the board for each quarter the amount of California used oil recycled
and the resultant amount of recycled oil produced to meet the purity
standards for recycled oil, as defined in Section 48620.
(b) A facility subject to this section shall provide estimates,
where feasible, of the amount that is used lubricating oil and the
amount that is used industrial oil.
(c) The reports required by this section shall be submitted on or
before the last day of the month following each quarter, in the form
and manner that the board may prescribe.
SEC. 23. Section 48674 of the Public
Resources Code is amended to read:
48674. After receiving a block grant
payments pursuant to paragraph (4) (3)
of subdivision (a) of Section 48653, each local government
shall submit an annual a report to the
board, on or before the date in the manner
specified by the board, which that
includes any amendments to the local used oil collection
program adopted pursuant to Section 48690, a description of all
measures taken to implement the program, and a description of how the
block grant was payments were
expended.
SEC. 24. Section 48690 of the Public
Resources Code is amended to read:
48690. A local government is eligible for a block grant
payment pursuant to paragraph (3) of subdivision
(a) of Section 48653, if it develops and submits a local used oil
collection program to the board pursuant to Section 48691 and files a
report pursuant to Section 48674. The board shall make a
grant payment to every local government that
submits a program and files a report unless the board finds that the
program or its implementation does not comply with criteria contained
in this article. The board may make a block grant
payment to another entity that will implement the program
of a local government in lieu of making a block grant
payment to that local government with the
concurrence of that local government. If a local government does
not implement a used oil collection program and chooses not to
accept the payment pursuant to paragraph (3) of subdivision (a) of
Section 48653, the board may allocate that local government's payment
to another local government that commits to implementing a used oil
collection program pursuant to Section 48691 and serving
the residents of the nonparticipating local government.
SEC. 25. Section 48691 of the Public
Resources Code is amended to read:
48691. (a) A local used oil collection program shall provide for
used lubricating oil collection by either of the following or a
combination of the two:
(1) Ensuring that at least one certified used oil collection
center is available for every 100,000 residents not served by
curbside used oil collection, which that
accepts oil from the public at no charge, at least 20 hours
each week, on four days each week, of which three hours each week are
outside the weekday hours of 8 a.m. through 5:30 p.m.
(2) Providing used oil curbside collection at least once a month.
(b) A local used oil collection program shall include a public
education program which shall inform that
informs the public of locally available used oil recycling
opportunities.
(c) A local government may implement its used oil collection
program in conjunction with other similar programs in order to
improve used oil recycling efficiency.
(d) (1) A local government that has implemented the used oil
collection and education elements of subdivisions (a) and (b) may
also include, in the local used oil collection program, provisions
for the mitigation and the collection of oil and oil byproducts,
including other solid waste that may be mixed with oil or oil
byproducts from storm water stormwater
runoff, including devices to capture that storm water
stormwater runoff, such as the use of storm
drain inlet filter devices.
(2) A local government shall not receive a block grant
payment pursuant to Section 48690 for the
purposes identified pursuant to paragraph (1) unless the local
government certifies that it has a storm water
stormwater management program that is approved by the
appropriate California regional water quality control board and that
the provisions in the local used oil collection program
approved for funding under paragraph
(1) are consistent with that approved storm water
stormwater management program.
SEC. 7. SEC. 26. No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution because the only costs that may be incurred
by a local agency or school district will be incurred because this
act creates a new crime or infraction, eliminates a crime or
infraction, or changes the penalty for a crime or infraction, within
the meaning of Section 17556 of the Government Code, or changes the
definition of a crime within the meaning of Section 6 of Article XIII
B of the California Constitution.