BILL NUMBER: SB 778	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 20, 2015
	AMENDED IN SENATE  APRIL 6, 2015

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