Amended in Senate January 4, 2016

Amended in Senate April 20, 2015

Amended in Senate April 6, 2015

Senate Bill No. 778

Introduced by Senator Allen

February 27, 2015

An act to begin delete add Section 48610.2 to, and to end delete add Article begin delete 4.5 end delete begin insert 12 end insert (commencing with Section begin delete 48635) end delete begin insert 9890) end insert to Chapter begin delete 4 end delete begin insert 20.3 end insert of begin delete Part 7 of end delete Division begin delete 30 of, end delete begin insert 3 of end insert the begin delete Public Resources end delete begin insert Business and Professions end insert Code, relating to begin delete hazardous waste. end delete begin insert professions and vocations. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 778, as amended, Allen. Automotive begin delete oil source reduction. end delete begin insert repair: oil changes: notification to customers. end insert

Existing law, begin delete 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 delete begin insert the Automotive Repair Act, provides for the registration and regulation of automotive repair dealers by the Bureau of Automotive Repair, which is under the supervision and control of the Director of Consumer Affairs. Existing law requires repair dealers to give the customer a written estimated price for labor and parts necessary for a specific job. Existing law makes a violation of that act, except as specified, punishable as a misdemeanor. end insert

This begin delete bill, on and after January 1, 2018, end delete begin insert bill end insert would require begin delete 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. A violation of these provisions would be a crime, end delete begin insert an automotive repair dealer to notify a customer, who is purchasing an oil change, of the recommended oil drain interval, oil grade, and viscosity specified in the maintenance schedule of the vehicle’s owner’s manual. The bill would also require, except as specified, an automotive repair dealer to use the oil drain interval specified in the maintenance schedule of the vehicle’s owner’s manual if the automotive repair dealer is recommending the date or mileage for the next oil change, as described. The bill would expand the definition of an existing crime by placing new requirements on automotive repair dealers, end insert 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 begin delete 40% end delete begin insert 40 percent end insert 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.

begin delete

(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.

end delete begin insert

(b) Oil quality and engine technology have evolved significantly
in recent years. New motor oil formulations reduce repairs,
prolong engine life, improve fuel economy, and enable significantly
longer oil change intervals than outdated 3,000-mile-oil-change
marketing campaigns.

end insert begin insert

(c) Most automakers currently specify oil change intervals at
either 7,500 or 10,000 miles, with intervals as high as 15,000 miles
in some cars. Motor oils that meet current American Petroleum
Institute (API) standards will have the capability to meet the
current automaker oil change interval recommendations.

end insert begin insert

(d) Changing oil more often than what is specified by the
automaker in the vehicle’s owner’s manual wastes oil and money
and compounds the environmental impact, especially to water.

end insert begin insert

(e) It is the intent of the Legislature to ensure that the oil drain
interval recommended by an automotive repair dealer be in
accordance with the maintenance schedule of the vehicle’s owner’s
manual and with the recommended oil grade and viscosity in order
to prevent deceiving or misleading consumers with unnecessary
and costly oil changes.

end insert begin delete

(d)

end delete

begin insert ( end insert begin insert f) end insert  It is begin insert further end insert 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 be
consistent with the state’s hierarchy for waste management
practices pursuant to Section 40051 of the Public Resources Code.

begin delete

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.

end delete

begin delete

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.

end delete

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Article 12 (commencing with Section 9890) is added
to Chapter 20.3 of Division 3 of the end insert begin insert Business and Professions
Code end insert begin insert , to read: end insert

begin insert

 

Article begin insert 12. end insert   Oil Change

 

begin insert 9890. end insert   

(a) Prior to performing any work, an automotive repair
dealer shall notify a customer purchasing an oil change of the
recommended oil drain interval, oil grade, and viscosity specified
in the maintenance schedule of the vehicle’s owner’s manual.

(b) Except as provided in subdivision (c), if the automotive
repair dealer recommends the date or mileage for the next oil
change, the automotive repair dealer shall follow the oil drain
interval specified in the maintenance schedule of the vehicle’s
owner’s manual when making that recommendation to the customer
verbally, in the form of a window sticker, thorough settings in a
vehicle’s oil sensor, or any other means.

(c) If a customer chooses an oil for the oil change that has a
recommended drain interval different from the oil drain interval
specified in the maintenance schedule of the vehicle’s owner
manual, the customer may choose to have that different drain
interval used for purposes of subdivision (b).

end insert

begin delete SEC. 4. end delete
begin insert SEC. 3. end 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.