BILL NUMBER: SB 778 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 6, 2015
INTRODUCED BY Senator Allen
FEBRUARY 27, 2015
An act to amend Section 5096.520 of the Public Resources
Code, relating to conservation easements. 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.
LEGISLATIVE COUNSEL'S DIGEST
SB 778, as amended, Allen. Conservation easements:
central public registry. Automotive oil source
reduction.
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.
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.
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.
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.
This bill would require the registry to be updated biennially, or
more frequently at the discretion of the secretary.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all
of the following:
(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.
(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.
(c) It is the intent of the Legislature to ensure that all
automotive oil marketed to consumers in this state meets minimum
quality standards.
(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.
SEC. 2. Section 48610.2 is added to the
Public Resources Code , to read:
48610.2. "Automotive oil" means oil intended for use in an
internal combustion gasoline or diesel engine used in passenger cars,
light duty trucks, or vans.
SEC. 3. Article 4.5 (commencing with Section
48635) is added to Chapter 4 of Part 7 of Division 30 of the
Public Resources Code , to read:
Article 4.5. Automotive Oil
48635. 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.
48636. (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.
SEC. 4. 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.
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.