Amended in Senate January 4, 2016

Amended in Senate April 20, 2015

Amended in Senate April 6, 2015

Senate BillNo. 778

Introduced by Senator Allen

February 27, 2015

An act tobegin delete add Section 48610.2 to, and toend delete add Articlebegin delete 4.5end deletebegin insert 12end insert (commencing with Sectionbegin delete 48635)end deletebegin insert 9890)end insert to Chapterbegin delete 4end deletebegin insert 20.3end insert ofbegin delete Part 7 ofend delete Divisionbegin delete 30 of,end deletebegin insert 3 ofend insert thebegin delete Public Resourcesend deletebegin insert Business and Professionsend insert Code, relating tobegin delete hazardous waste.end deletebegin insert professions and vocations.end insert


SB 778, as amended, Allen. Automotivebegin delete oil source reduction.end deletebegin 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 deletebegin 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

Thisbegin delete bill, on and after January 1, 2018,end deletebegin insert billend insert would requirebegin 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 deletebegin 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:

P2    1


The Legislature finds and declares all of the

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, aboutbegin delete 40%end deletebegin insert 40 percentend insert of
6automotive oil can never be collected for recycling because it is
7lost in use, either burned in the combustion chamber or dripped
8onto streets and parking lots. Of the oil that is collected, only a
9small percentage is actually rerefined into new automotive oil.

begin delete

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

end delete
begin insert

17(b) Oil quality and engine technology have evolved significantly
18in recent years. New motor oil formulations reduce repairs,
P3    1prolong engine life, improve fuel economy, and enable significantly
2longer oil change intervals than outdated 3,000-mile-oil-change
3marketing campaigns.

end insert
begin insert

4(c) Most automakers currently specify oil change intervals at
5either 7,500 or 10,000 miles, with intervals as high as 15,000 miles
6in some cars. Motor oils that meet current American Petroleum
7Institute (API) standards will have the capability to meet the
8current automaker oil change interval recommendations.

end insert
begin insert

9(d) Changing oil more often than what is specified by the
10automaker in the vehicle’s owner’s manual wastes oil and money
11and compounds the environmental impact, especially to water.

end insert
begin insert

12(e) It is the intent of the Legislature to ensure that the oil drain
13interval recommended by an automotive repair dealer be in
14accordance with the maintenance schedule of the vehicle’s owner’s
15manual and with the recommended oil grade and viscosity in order
16to prevent deceiving or misleading consumers with unnecessary
17and costly oil changes.

end insert
begin delete


end delete

19begin insert(end insertbegin insertf)end insert It isbegin insert furtherend insert the intent of the Legislature to source-reduce the
20amount of used automotive oil that is generated in California in
21order to reduce our dependence on petroleum products, avoid
22damage to the environment and threats to public health, and be
23consistent with the state’s hierarchy for waste management
24practices pursuant to Section 40051 of the Public Resources Code.

begin delete25

SEC. 2.  

Section 48610.2 is added to the Public Resources Code,
26to read:



“Automotive oil” means oil intended for use in an
28internal combustion gasoline or diesel engine used in passenger
29cars, light-duty trucks, or vans.

end delete
begin delete30

SEC. 3.  

Article 4.5 (commencing with Section 48635) is added
31to Chapter 4 of Part 7 of Division 30 of the Public Resources Code,
32to read:


34Article 4.5.  Automotive Oil




On and after January 1, 2018, all automotive oil sold
37in this state shall be certified by the oil manufacturer to achieve a
38minimum useful life of 10,000 miles when used in accordance
39with the automobile manufacturers’ recommendations and shall
40meet current automotive industry standards.

end delete
P4    1begin insert

begin insertSEC. 2.end insert  

end insert

begin insertArticle 12 (commencing with Section 9890) is added
2to Chapter 20.3 of Division 3 of the end insert
begin insertBusiness and Professions
end insert
begin insert, to read:end insert

begin insert


5Article begin insert12.end insert  Oil Change



begin insert9890.end insert  

(a) Prior to performing any work, an automotive repair
8dealer shall notify a customer purchasing an oil change of the
9recommended oil drain interval, oil grade, and viscosity specified
10in the maintenance schedule of the vehicle’s owner’s manual.

11(b) Except as provided in subdivision (c), if the automotive
12repair dealer recommends the date or mileage for the next oil
13change, the automotive repair dealer shall follow the oil drain
14interval specified in the maintenance schedule of the vehicle’s
15owner’s manual when making that recommendation to the customer
16verbally, in the form of a window sticker, thorough settings in a
17vehicle’s oil sensor, or any other means.

18(c) If a customer chooses an oil for the oil change that has a
19recommended drain interval different from the oil drain interval
20specified in the maintenance schedule of the vehicle’s owner
21manual, the customer may choose to have that different drain
22interval used for purposes of subdivision (b).

end insert

begin deleteSEC. 4.end delete
24begin insertSEC. 3.end insert  

No reimbursement is required by this act pursuant to
25Section 6 of Article XIII B of the California Constitution because
26the only costs that may be incurred by a local agency or school
27district will be incurred because this act creates a new crime or
28infraction, eliminates a crime or infraction, or changes the penalty
29for a crime or infraction, within the meaning of Section 17556 of
30the Government Code, or changes the definition of a crime within
31the meaning of Section 6 of Article XIII B of the California