BILL NUMBER: SB 546 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 29, 2009
AMENDED IN SENATE APRIL 20, 2009
INTRODUCED BY Senator Lowenthal
( Coauthors: Senators
Corbett and Oropeza )
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, 48670, 48673,
48674, 48690, and 48691 of, to add Sections 48620.2 and
48651.5 48620.2, 48651.5, and 48654 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, 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
definition 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
, among other things . 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
fee annually to reflect increases or decreases
in the cost of living index 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
1, 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 not less than
$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 if that amount is not available,
the board would be required to determine the amount
pursuant to a spec ified formula , 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 incentive payments ,
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.
(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 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 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-mandated local program.
(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: 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 (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) Except as provided in paragraph (2) of subdivision (c) of
Section 48653 , and 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 (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. 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. 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, 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 to be operating in substantial
compliance with Part 279 (commencing with Section 279.1) of Title 40
of the Code of Federal Regulations .
SEC. 5. Section 48624 of the Public Resources
Code is amended to read:
48624. "Used oil recycling facility," for purposes of this
chapter, means a facility that is certified pursuant to Section
48662.
SEC. 6. SEC. 5. 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 as Including, but not limited
to, public and private grants and contracts, including, but not
limited to, those between the board and local governments, nonprofit
entities, and private entities for the purposes specified in
Section 48632.
(c) Development and implementation of an information and education
program 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.
safe and proper used oil collection and treatment methods,
methods to reduce used oil generation, and advances in new and
existing technologies, including, but not limited to, 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. SEC. 6. Section 48632 of the
Public Resources Code is amended to read:
48632. The board may issue grants pursuant to
subdivision (b) of Section 48631 to local governments, nonprofit
entities, and private entities, for providing collection and
recycling opportunities for used lubricating oil and filters, that
are in addition to those included in the local used oil collection
programs adopted pursuant to Article 10 (commencing with Section
48690). Grants under this section may be for, but are not limited to,
any of the following: may, pursuant to subdivision
(b) of Section 48631, issue grants to or contract with local
governments, nonprofit entities, and private entities, for any of the
following purposes:
(a) Establishing Providing and maintaining
collection and recycling opportunities for used lubricating oil
collection infrastructure and sustaining and
filters that are in addition to those included in the local
used oil collection opportunities programs
adopted pursuant to Article 10 (commencing with Section 48690)
.
(b) Research, testing, and demonstration projects for
in-service uses, collection technologies , and
other new and innovative projects in
end-of-life used oil management.
(c) Developing uses for and markets for
low environmental impact products resulting from the recycling
of used oil, including, but not limited to, promoting the
manufacture of rerefined lubricating oil.
(d) Protect advancements and developments in lubricating oil
resulting from, but not limited to, new requirements or technologies
in fuel efficiency and performance, synthetic or biobased lubricants,
alternative fuels, and methods to extend lubricating oil life.
(d) (1)
(e) 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. and its impacts on receiving waters, soils,
and oceans.
(2)
(f) A local government shall not receive a grant
or contract pursuant to this section for any purpose identified
in paragraph (1) subdivision (e)
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) subdivision
(e) is consistent with that approved stormwater management
program.
(e) Promoting the manufacture of rerefined lubricating oil.
(g) An information and education program pursuant to subdivision
(c) of Section 48631.
SEC. 8. SEC. 7. Section 48633 of the
Public Resources Code is repealed.
SEC. 9. SEC. 8. Section 48634 of the
Public Resources Code is repealed.
SEC. 10. SEC. 9. Section 48645 of
the Public Resources Code is amended to read:
48645. 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 grants under this chapter shall be made in
a public meeting of, and pursuant to a vote of, the board.
SEC. 11. SEC. 10. 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 six cents ($0.06) for every quart, or 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 rate of the payment annually to The board may
adjust the fee not more than once annually to reflect increases
or decreases in the cost of living
cost-of-living index 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 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
at least 70 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 that sells, transfers, or uses the oil for a purpose
that is not exempt from payment, shall make the payment specified in
subdivision (a).
SEC. 12. SEC. 11. 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 industrial generator, 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 as defined in Section 48620
.
(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 or
certified pursuant to subdivision (c) of Section 48662 , for
the purpose of producing recycled oil as defined in Section
48620 .
(b) 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 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 board pursuant to subdivision
(b) of Section 48662 or certified pursuant to subdivision (c) of
Section 48662 for the purpose of producing recycled oil as defined
in Section 48620 .
SEC. 13. SEC. 12. 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 1, 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. SEC. 13. Section 48652 of
the Public Resources Code is amended to read:
48652. (a) The board shall set the recycling incentive at not
less than ten cents ($0.10) per quart. The board may set the amount
at an amount higher than 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.
(b) On and after January 1, 2014, the board shall set the
rerefining incentive at not less than 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
rerefining incentive at a higher amount 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 raise will not adversely affect
funding required pursuant to Sections 48631, 48653, and 48660.5.
SEC. 15. SEC. 14. 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 , 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 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 thirteen million
dollars ($13,000,000) or half of the amount that remains in the fund
after the expenditures are made pursuant to paragraphs (1) and (2)
and subdivision (b), whichever amount is greater, multiplied by the
county. Notwithstanding subdivision (b) of Section
48656, the total annual amount shall equal thirteen million dollars
($13,000,000), except that the board may issue the payments as
follows, if sufficient funds are not available in the fund:
(A) (i) One-half of the amount that remains in the fund after the
expenditures are made pursuant to paragraphs (1) and (2) and
subdivision (b).
(ii) The board may utilize additional amounts from the fund up to,
but not exceeding, thirteen million dollars ($13,000,000).
(B) Pursuant to paragraph (2) of subdivision (d) of Section 48691,
it is the intent of this paragraph that at least three million
dollars ($3,000,000) be made available specifically for used oil
filter collection and recycling programs.
(C) Payments s hall be
determined by multiplying the total annual amount by the
fraction equal to the population of cities and counties that are
eligible for 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.
(6)
(5) 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) (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
in an amendment to 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 shall not exceed three million dollars
($3,000,000) annually.
(d)
(e) The Legislature hereby finds and declares its
intent that the sum of three hundred fifty
thousand dollars ($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 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. 15. Section 48654 is added to the
Public Resources Code , to read:
48654. (a) It is the intent of the Legislature in enacting this
chapter that local government sponsored used motor oil collection
programs in rural counties continue to operate and be funded to
maintain or expand their existing collection efforts. As such,
funding should be increased according to increased costs due to the
imposition of new requirements under this chapter enacted in the act
that added this section in the 2009-10 Regular Session of the
Legislature.
(b) (1) The board shall provide funds from the California Used Oil
Recycling Fund to rural counties for local government sponsored
collection efforts to cover additional costs of
testing or reduced availability of the
recycling incentive caused by increased regulatory expenses pursuant
to the addition of Section 25250.29 to the Health and Safety Code,
and amendments to Sections 48623, 48631, 48632, 48651, 48662, and
48670, enacted in the act that added this section in the 2009-10
Regular Session of the Legislature.
(2) To qualify for such funding, the local government shall
demonstrate to the board that it has incurred additional costs and
that these costs could not have been avoided or lessened through the
use of a commercially viable alternative transporter or recycling
facilities that are in compliance with this chapter.
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 (6)
(5) of subdivision (a) of Section 48653, the balance remaining
in the fund shall be available for incentives pursuant to
Section 48651.5. to the board for the following
purposes:
(a) The implementation of subdivisions (b) and (c) of Section
48631 and Section 48651.5, subject to both of the following
requirements:
(1) The allocation of funds to implement subdivisions (b) and (c)
of Section 48631 shall be at the discretion of the board to be
determined annually in a public meeting and pursuant to a vote of the
board.
(2) The board shall pay rerefining incentives pursuant to Section
48651.5 if sufficient funds are available in the fund.
(b) Annual revenues left unspent in excess of one million dollars
($1,000,000) shall be allocated pursuant to paragraph (3) of
subdivision (a) of Section 48653 for local collection programs
adopted pursuant to Article 10 (commencing with Section 48690).
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 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 four years. The board may
cancel the certification of a center if the board finds 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 a person, upon the person's at
his or her request, an amount equal to the recycling incentive
that the center will receive for used lubricating oil brought to the
center in containers by the person. Nothing in this chapter prohibits
a person from donating used lubricating oil to a center. 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. public of the
center's acceptance of used lubricating oil from the public through
periodic advertising in local media and onsite signs that meet the
following requirements:
(A) Onsite signs shall be of a design and specification
prescribed by the board and exterior signs shall be posted
in a location that is easily visible from a public street.
and shall state that the center is certified by the state and
collects used oil from the public at no charge.
(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." an exterior sign of a design and
specification prescribed by the board in a location that is easily
visible from a public street. In addition, the certified center shall
post an informational sign of a design and specification prescribed
by the board so that it is easily readable from the
location where the used oil is received from the public.
(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.
(D)
(C) 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 that has been contaminated
in a manner other than that which would occur through normal use.
(d) Notwithstanding subdivision (b), 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, 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, 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
halogen-contaminated 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 a calendar year, a used oil collection center, 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) 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. 20. SEC. 19. Section 48662 of
the Public Resources Code is amended to read:
48662. (a) The board shall certify or recertify a used oil
recycling facility 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) (1) The board shall certify or
recertify require an out-of-state recycling
facility , that receives used oil from a California
generator and 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
paid, to register with the board declaring under penalty of
perjury that the facility 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
shall decla re , 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 for which the board has received a
report from the department that the facility 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 that has demonstrated to the satisfaction of
the department all of the following:
(A) The facility substantially meets the requirements in Part 279
(commencing with Section 279.1) of Title 40 of the Code of Federal
Regulations.
(B) 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. that seeks certification shall
annually certify in writing to the board, under penalty of perjury,
that the facility substantially meets the requirements in paragraph
(2) of subdivision (c).
(e) Subdivision (d) Paragraph (2) of
subdivision (c) 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 demonstr ating
compliance with and audit performed pursuant to
subdivision (d), an out-of-state paragraph
(2) of subdivision (c), 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 of
conducting the audit, including review and
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) (a) or (c)
, the board may subsequently certify the facility if the
board it determines that the facility meets the
standards for certification.
SEC. 21. SEC. 20. 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, both of the following
based on the following reporting limitations and requirements
:
(1) The amount of lubricating oil purchased and the amount of used
lubricating oil 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. to be operating in
substantial compliance with Part 279 (commencing with Section 279.1)
of Title 40 of the Code of Federal Regulations.
(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
to be operating in substantial compliance with Part
279 (commencing with Section 279.1) of Title 40 of the Code of
Federal Regulations . 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 that the board may prescribe, and shall include
copies of manifests or modified manifest receipts from used oil
haulers.
(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 report 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. 22. SEC. 21. Section 48673 of
the Public Resources Code is amended to read:
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.
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 recycling facility that is either registered with the
board pursuant to subdivision (b) of Section 48662 or certified by
the board pursuant to subdivision (c) of Section 48662, shall report
to the board for each quarter the amount of California
used oil received and the resultant amount of recycled oil produced.
(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. SEC. 22. Section 48674 of
the Public Resources Code is amended to read:
48674. After receiving payments pursuant to paragraph (3) of
subdivision (a) of Section 48653, each local government shall submit
a report to the board, in the manner specified by the board, 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
payments were expended.
SEC. 24. SEC. 23. Section 48690 of
the Public Resources Code is amended to read:
48690. A local government is eligible for a 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 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 payment to another entity that will
implement the program of a local government in lieu of making a
payment to that local government with the concurrence of that local
government. A payment issued by the board pursuant to this sec
tion may take the form of an advance payment.
If a local government does not implement a used oil collection
program and or 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 , if any
program implemented within the boundaries of the nonparticipating
jurisdiction is approved by the nonparticipating jurisdiction .
SEC. 25. SEC. 24. 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, 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 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 program one or
both of t he following:
(1) 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 stormwater
runoff, including devices to capture that stormwater runoff, such as
the use of storm drain inlet filter devices.
(2) A
A local government shall not receive a payment pursuant
to Section 48690 for the purposes identified pursuant to this
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 provisions in the local used oil collection
program approved for funding under this paragraph
(1) are consistent with that approved stormwater
management program.
(2) A used oil filter collection and recycling program.
SEC. 26. SEC. 25. 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.
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