Amended in Senate April 20, 2015

Amended in Senate April 6, 2015

Senate BillNo. 778


Introduced by Senator Allen

February 27, 2015


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. 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.begin delete 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.end delete 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.

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

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

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SECTION 1.  

The Legislature finds and declares all of the
2following:

3(a) Used automotive oil is one of the largest sources of
4hazardous waste generated in California. While California has a
5robust recycling program in place, about 40% of automotive oil
6can never be collected for recycling because it is lost in use, either
7burned in the combustion chamber or dripped onto streets and
8parking lots. Of the oil that is collected, only a small percentage
9is actually rerefined into new automotive oil.

10(b) Some brands and types of automotive oil currently sold in
11California fail to meet minimum quality standards for modern
12automobiles and their use may result in vehicle damage and voiding
13of vehicle manufacturer warranties.

14(c) It is the intent of the Legislature to ensure that all automotive
15oil marketed to consumers in this state meets minimum quality
16standards.

17(d) It is the intent of the Legislature to source-reduce the amount
18of used automotive oil that is generated in California in order to
19reduce our dependence on petroleum products, avoid damage to
20the environment and threats to public health, andbegin delete toend delete be consistent
21with the state’s hierarchy for waste management practices pursuant
22to Section 40051 of the Public Resources Code.

23

SEC. 2.  

Section 48610.2 is added to the Public Resources Code,
24to read:

25

48610.2.  

“Automotive oil” means oil intended for use in an
26internal combustion gasoline or diesel engine used in passenger
27cars, light-duty trucks, or vans.

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SEC. 3.  

Article 4.5 (commencing with Section 48635) is added
2to Chapter 4 of Part 7 of Division 30 of the Public Resources Code,
3to read:

4 

5Article 4.5.  Automotive Oil
6

 

7

48635.  

On and after January 1, 2018, all automotive oil sold
8in this state shall be certified by the oil manufacturer to achieve a
9minimum useful life of 10,000 miles when used in accordance
10with the automobile manufacturers’ recommendations and shall
11meet current automotive industry standards.

begin delete
12

48636.  

(a) On or before January 1, 2017, the Secretary for
13Environmental Protection, in consultation with other appropriate
14agencies and interested parties, shall establish a minimum standard
15for automotive oil for California environmentally preferable
16lubricants. The standard shall meet or exceed the requirements of
17the Environmentally Acceptable Lubricant Standards established
18by the United States Environmental Protection Agency pursuant
19to document 800-R-11-002.

20(b) On and after January 1, 2020, oil manufacturers whose
21automotive oil is sold in this state shall ensure that at least 25
22percent of the cumulative annual volume of ingredients used to
23manufacture the automotive oil sold in the state meets the standard
24established pursuant to subdivision (a). On or after January 1,
252030, that percentage shall be at least 50 percent. These
26requirements shall not apply if the secretary makes a finding that
27compliance is not feasible due to insufficient availability of
28automotive oil certified to meet those standards.

end delete
29

SEC. 4.  

No reimbursement is required by this act pursuant to
30Section 6 of Article XIII B of the California Constitution because
31the only costs that may be incurred by a local agency or school
32district will be incurred because this act creates a new crime or
33infraction, eliminates a crime or infraction, or changes the penalty
34for a crime or infraction, within the meaning of Section 17556 of
35the Government Code, or changes the definition of a crime within
36the meaning of Section 6 of Article XIII B of the California
37Constitution.



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