Amended in Senate April 6, 2015

Senate Bill No. 778

Introduced by Senator Allen

February 27, 2015

begin delete An act to amend Section 5096.520 of the Public Resources Code, relating to conservation easements. end delete begin insert An act to add Section 48610.2 to, and to add Article 4.5 (commencing with Section 48635) to Chapter 4 of Part 7 of Division 30 of, the Public Resources Code, relating to hazardous waste. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 778, as amended, Allen. begin delete Conservation easements: central public registry. end delete begin insert Automotive oil source reduction. end insert

begin insert

Existing law, the California Oil Recycling Enhancement Act, establishes a program, to encourage the recycling of oil, administered by the Department of Resources Recycling and Recovery. A violation of the act is a crime.

end insert begin insert

This bill, on and after January 1, 2018, would require all automotive oil sold in this state to be certified by the oil manufacturer to achieve a minimum useful life of 10,000 miles when used in accordance with the automobile manufacturer’s recommendations, and to meet current automotive industry standards. The bill would require the Secretary for Environmental Protection, by January 1, 2017, to establish a minimum standard for automotive oil, as specified, for California environmentally preferable lubricants. The bill, on and after January 1, 2020, would require at least 25% of the cumulative annual volume of ingredients used to manufacture automotive oil sold in the state by oil manufacturers to meet the California environmentally preferable lubricant definition, increasing to not less than 50% on and after January 1, 2030, unless the secretary makes a finding that compliance is not feasible due to insufficient supply. A violation of these provisions would be a crime, thereby imposing a state-mandated local program.

end insert begin insert

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.

end insert begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert begin delete

Existing law requires the Secretary of the Natural Resources Agency to establish a central public registry of all conservation easements held or required by the state, or purchased with state grant funds provided by an agency, department, or division of the state on or after January 1, 2000, as prescribed. Existing law requires the registry to be updated biennially.

end delete begin delete

This bill would require the registry to be updated biennially, or more frequently at the discretion of the secretary.

end delete

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete no end delete begin insert yes end insert .

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

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begin insert SECTION 1. end insert   

end insert begin insert

The Legislature finds and declares all of the
following:

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(a) Used automotive oil is one of the largest sources of
hazardous waste generated in California. While California has a
robust recycling program in place, about 40% of automotive oil
can never be collected for recycling because it is lost in use, either
burned in the combustion chamber or dripped onto streets and
parking lots. Of the oil that is collected, only a small percentage
is actually rerefined into new automotive oil.

end insert begin insert

(b) Some brands and types of automotive oil currently sold in
California fail to meet minimum quality standards for modern
automobiles and their use may result in vehicle damage and
voiding of vehicle manufacturer warranties.

end insert begin insert

(c) It is the intent of the Legislature to ensure that all automotive
oil marketed to consumers in this state meets minimum quality
standards.

end insert begin insert

(d) It is the intent of the Legislature to source-reduce the amount
of used automotive oil that is generated in California in order to
reduce our dependence on petroleum products, avoid damage to
the environment and threats to public health, and to be consistent
with the state’s hierarchy for waste management practices pursuant
to Section 40051 of the Public Resources Code.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 48610.2 is added to the end insert begin insert Public Resources Code end insert begin insert ,
to read: end insert

begin insert

begin insert 48610.2. end insert   

“Automotive oil” means oil intended for use in an
internal combustion gasoline or diesel engine used in passenger
cars, light duty trucks, or vans.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Article 4.5 (commencing with Section 48635) is added
to Chapter 4 of Part 7 of Division 30 of the end insert begin insert Public Resources Code end insert begin insert ,
to read: end insert

begin insert

 

Article begin insert 4.5. end insert   Automotive Oil

 

begin insert 48635. end insert   

On and after January 1, 2018, all automotive oil sold
in this state shall be certified by the oil manufacturer to achieve
a minimum useful life of 10,000 miles when used in accordance
with the automobile manufacturers’ recommendations and shall
meet current automotive industry standards.

begin insert 48636. end insert   

(a) On or before January 1, 2017, the Secretary for
Environmental Protection, in consultation with other appropriate
agencies and interested parties, shall establish a minimum standard
for automotive oil for California environmentally preferable
lubricants. The standard shall meet or exceed the requirements of
the Environmentally Acceptable Lubricant Standards established
by the United States Environmental Protection Agency pursuant
to document 800-R-11-002.

(b) On and after January 1, 2020, oil manufacturers whose
automotive oil is sold in this state shall ensure that at least 25
percent of the cumulative annual volume of ingredients used to
manufacture the automotive oil sold in the state meets the standard
established pursuant to subdivision (a). On or after January 1,
2030, that percentage shall be at least 50 percent. These
requirements shall not apply if the secretary makes a finding that
compliance is not feasible due to insufficient availability of
automotive oil certified to meet those standards.

end insert

begin insert

begin insert SEC. 4. end insert   

end insert begin insert

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.

end insert

begin delete

SECTION 1.  

Section 5096.520 of the Public Resources Code
is amended to read:

5096.520.  

(a) The Secretary of the Natural Resources Agency
shall establish a central public registry of all conservation
easements held or required by the state, or purchased with state
grant funds provided by an agency, department, or division of the
state on or after January 1, 2000. In constructing the registry, the
Natural Resources Agency shall draw upon the Department of
General Services’ property inventory, and other information held
by a state agency, department, division, or other sources.

(b) For the purposes of this section, “conservation easement”
means any limitation in a recorded instrument that contains an
easement, restriction, covenant, condition, or offer to dedicate,
that has been executed by or on behalf of the owner of the land
that is subject to that limitation and is binding upon successive
owners of the land, and the purpose of which is to retain land
predominantly in its natural, scenic, historical, agricultural,
forested, or open-space condition. “Conservation easement”
includes a conservation easement as defined in Section 815.1 of
the Civil Code, an open-space easement as defined in Section
51075 of the Government Code, and an agricultural conservation
easement as defined in Section 10211.

(c) The registry shall only include the following information on
each conservation easement that is listed in the registry:

(1) The assessor’s parcel numbers for the property covered by
the easement.

(2) The purpose of the easement.

(3) The location of the easement, identified by county and
nearest city.

(4) The identity of the easementholder.

(5) The size of the easement in acres.

(6) The date the easement transaction was recorded.

(7) The amount of funding provided by the agency, department,
or division of the state holding or requiring the easement or
providing state grant funds for the easement.

(d) An agency, department, or division of the state with
conservation easements that are held or required by the state or
purchased with state grant funds shall enter and keep current the
information specified in subdivision (c) for those easements in the
registry established pursuant to this section.

(e) The Secretary of the Natural Resources Agency shall make
the registry available for use by the general public. Only the
information relating to paragraphs (2) to (6), inclusive, of
subdivision (c) regarding conservation easements held or required
by the state, or purchased with state grant funds provided by an
agency, department, or division of the state on or after January 1,
2006, shall be provided by the Secretary of the Natural Resources
Agency on the Internet. Personal identifying information shall not
be posted on the Internet. The registry shall be updated biennially,
or more frequently at the discretion of the secretary.

end delete