BILL ANALYSIS Ó
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator Wieckowski, Chair
2015 - 2016 Regular
Bill No: SB 778
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|Author: |Allen |
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|Version: |4/20/2015 |Hearing |4/29/2015 |
| | |Date: | |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|Joanne Roy |
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SUBJECT: Automotive oil source reduction
ANALYSIS:
Existing law:
1. Pursuant to the California Oil Recycling Enhancement Act
(Act), (Public Resources Code §48600 et seq.):
A. Establishes a program to encourage the recycling of
used oil.
B. Authorizes the Department of Resources Recycling and
Recovery (CalRecycle) to award grants to and work with
local governments, non-profit entities, and private
companies in order to develop and advance certain
developments in lubricating oil, such as oil recycling,
collection, research, testing, and re-refining.
C. Charges a fee on all oil sold in California to fund
local curbside oil pickup programs, local collection
facilities, and rebates to oil manufacturers.
D. Provides that a person convicted of violating the Act
is guilty of an infraction, which is punishable by a fine
of not more than $100/day for each day the violation
occurs.
This bill:
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Requires all automotive oil sold in this state be certified by
the oil manufacturer to achieve a minimum useful life of 10,000
miles on and after January 1, 2018.
Background
1. Types of Oil.
Oil comes in a variety - conventional motor oil, premium
conventional oil, semi-synthetic, full-synthetic, or
high-mileage.
A. Conventional oil. This is the oil used in bulk at
dealerships and is the cheapest at auto stores. It is
fossil fuel oil. Conventional oil tends to break down and
separate more quickly than synthetic oil [due to heat and
elements].
B. Full-synthetic oil. This oil is made for high-tech
engines. If these oils pass stringent special tests, it
means they have superior, longer-lasting performance in
critical areas, such as viscosity index and protection
against engine deposits. They flow better at low
temperatures and maintain peak lubrication at high
temperatures. Although it is considered an excellent
quality oil, synthetics are about three times as expensive
as conventional oil and not always necessary for some
engines. However, some engines call for synthetic only
such as Corvette, BMW and Mercedes-Benz.
According to Popular Mechanics, petroleum-type engine oil
contains a mixture of several different types of base oil.
Oil companies typically pick from a selection of five
groups, each of which is produced in a different way and
in different viscosities. The more expensive groups are
more highly processed, in some cases with methods that
produce a lubricant that can be classified as a synthetic.
The full synthetics contain chemicals that may be derived
from petroleum but are altered so much that they are not
considered natural oil anymore.
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In general, synthetic oils have a lower environmental impact,
higher vehicle performance, and can extend the time
between oil changes.
C. Synthetic Blend Oil. This oil is a mix of synthetic
and conventional oils, which is formulated to provide
protection for heavier loads and high temperatures. This
generally means they are less volatile and evaporate less,
which reduces oil loss. They are less expensive than
full-synthetic oils.
D. High-Mileage Oil. This oil is formulated for vehicles
with higher mileage. They may have higher viscosities,
higher dose of antiwear additives, and are formulated with
seal conditioners that flow into the pores of the seals to
restore their shape and increase their flexibility.
High-mileage oils have ingredients to take care of older
engines, like conditioners, seal swells, antioxidants,
detergents and wear or friction additives. Typically they
use a viscosity modifier that is durable and will not lose
viscosity very easily. These oils need to stay thicker
longer to protect engine parts.
2. Oil Additives.
Oil is comprised of base oil package and additives. Base oil
package in any oil makes up anywhere from 70 to 95% of the
mix, the rest comprised of additives. Use of additives can
improve and maintain oil performance. Manufacturers add in
various chemicals and minerals to change how the oil works
within an engine, including viscosity-index improvers,
detergents, dispersants, antiwear agents, friction modifiers,
pour-point depressants, antioxidants, foam inhibitors, and
rust/corrosion inhibitors. For example, in high-mileage oil,
the manufacturers may add a higher level of anti-wear agents,
corrosion inhibitors and seal conditioners to maximize an
aging engine so that it can run longer.
3. Extended-Life Oils.
Many oil companies are releasing extended-life oils that are
guaranteed for specific mileage listed on the bottle. For
example, Mobil's most advanced fully synthetic product is
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guaranteed for 15,000 miles. The company recommends it for
vehicles that are beyond their warranty period because many
automakers will void the warranty if the owner does not
follow the manufacturer's recommended service intervals.
4. Automotive Oil Changes.
Changing the oil in a motor vehicle is necessary to protect the
engine, keeping vital engine parts well lubricated so that
they do not overheat. An engine cannot function without it
and going too long between oil changes can cause permanent
damage to an engine over time.
Depending on the vehicle, the intervals for required oil changes
vary. For example, many newer models require an oil change
at least every 5,000 miles; some require every 15,000 miles.
Oil change information is located in a vehicle owner's manual
and many automakers post their manuals online. Automaker oil
change recommendations differ depending on driving conditions
as well as car make, model and year. According to car
manufacturers, for driving conditions considered "severe"
(e.g. extensive idling or stop and go traffic; extreme
weather or humidity; repeated short-distance trips of less
than five miles; or towing a trailer or hauling heavy
materials), the oil should be changed more frequently or at
shorter mileage intervals than for conditions considered
normal.
In addition, some automakers have installed oil life monitors in
their vehicles with varying capabilities - the basic versions
are maintenance reminders based on mileage while the more
advanced systems take information from various sensors
throughout the vehicle and use an algorithm to predict the
life of the oil. These systems are calibrated to work with
the factory-recommended oil. Although these systems take the
guess work out of knowing when the next oil service should
be, many people have preconceived notions about oil change
intervals such as all cars need the oil changed every 3,000
miles.
5. Used Oil.
A. Used Oil in California.
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According to CalRecycle, in 2005, the latest year for which
statistics are available, approximately 153.5 million
gallons of used oil is generated annually. 59% of that
oil was recycled.
B. Used Oil Can Harm the Environment.
According to CalRecycle, can contain such contaminants as
lead, magnesium, copper, zinc, chromium, arsenic,
chloride, cadmium, and chlorinated compounds. Used motor
oil poses a great risk to the environment - oil poured
down drains or onto the ground can work its way into
ground and surface waters causing serious pollution
because it is insoluble, persistent and contains heavy
metal and toxic chemicals. Used oil that is not recycled
often finds its way into California's waterways - lakes,
streams, and ocean - via the stormwater system. Used oil
in waterways threatens fish, waterfowl, insects, and
aquatic life. One gallon of used oil can foul the taste
of 1 million gallons of water. Federal reports indicate
that used motor oil accounts for more than 40% of the
total oil pollution in the nation's harbors and waterways.
Comments
1. Purpose of Bill.
According to the author, "Every major motor oil brand offers
higher quality, synthetic oils that are better for engines,
and are far more environmentally friendly than conventional
oils. Higher quality oils reduce waste and pollution and, if
used more widely, can increase gas mileage in vehicles
equivalent to taking a half a million cars off the road in
California. Yet only 20% of the oil sold in the state is of
this higher quality. SB 778 requires all motor oil sold in
the State to meet quality standards which will be measurably
better for vehicles and the environment than conventional
oils.
"Many drivers spend 2-3% more on gasoline because lower quality
motor oil causes a decrease in gas mileage. This poor
quality oil also requires drivers to change their oil 2 - 3
times more often compared to higher quality synthetic oil, at
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recommended intervals of 3,000 - 5,000 miles, costing
consumers more and producing an unnecessary amount of oil
waste. Low quality motor oil can also cause increased engine
wear, costing drivers hundreds of dollars in unneeded
repairs.
"The high frequency of oil changes caused by low quality motor
oil makes used motor oil one of the largest hazardous waste
streams in California. Over 115 million gallons of motor oil
are sold in the state each year; and only half of it is
recycled with the other half ending up in the waste stream,
polluting our waterways and ocean, or burning off, causing
air pollution. Also, according [to] the Petroleum Quality
Institute of America, some of the motor oil on store shelves
is of such poor quality that it could potentially damage a
car's engine. In fact, six states have banned motor oil that
is not quality certified, brands such as Black Knight, Lube
State and MaxiGuard MG.
"Higher quality oils provide a greater level of protection for
an engine, protect the engine longer, are better for the
environment, and are already offered by every major motor oil
brand, effectively protect engines from wear with oil change
intervals at 15,000 miles or longer."
2. Does the Proposed Solution Match the Problem?
The author states, "Roughly 40% of motor 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. This presents a serious environmental problem
because traditional motor oil is insoluble and contains heavy
metals and toxic chemicals. This toxic-laden oil makes its
way into lakes, streams, and oceans via the stormwater system
and endangers fish, waterfowl, insects, and other aquatic
life. "
This bill requires all automotive oil sold in California to meet
a 10,000 mile interval standard by 2018. The intent of the
bill is to reduce the amount of used oil that is generated by
elongating the useful lifespan of automotive oil in cars.
A. Notion of Every 3,000 Miles.
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Regardless of the quality of the motor oil being put into the
car, reduction of the amount of used oil generated more
directly correlates to the quantity of oil consumed.
It is not uncommon for people to believe that a car should
have its oil changed every 3,000 miles. In 2011,
CalRecycle found that nearly half of California drivers
were still changing their oil at 3,000 mile intervals or
sooner. This long-held notion can result in unnecessary
oil changes as well as more used oil to dispose.
A question arises as to whether changing the specifications
in motor oil sold will reduce the actual amount of oil
consumed.
B. Educating the Vehicle Owner.
Oil change information is in the maintenance section of a
vehicle owner's manual. Also, many automakers have put
their manuals online. In addition, CalRecycle has an
easily accessible, interactive webpage to see how often
one should change the oil for a car based on the make,
model, and year of the car.
Many cars nowadays require a minimum oil change of every
5,000 or 7,500 miles. Ford Motor Company recommends oil
changes for many of its new vehicles at 10,000 miles.
Some cars commonly seen on the road require an oil change
every 15,000 miles. However, if a person does not read
the owner's manual or check online for the manufacturer
recommendation, and habitually changes the oil every 3,000
miles, how much impact will setting a minimum standard of
10,000 miles for oil have?
According to CalRecycle, "[c]hanging motor oil according to
the manufacturer specifications would reduce motor-oil
demand in California by about 10 million gallons a year."
(Jerry Hirsch, "State hopes to break car owners' habit of
changing oil too often," Los Angeles Times, December 15,
2011).
A question arises as to whether the goal of reducing the
amount of used oil generated can be more effectively
achieved through the education of vehicle owners rather
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than requiring a minimum standard on oil sold.
3. Possible Unintended Consequences:
A. Potential Voiding of Car's Warranty.
Most vehicles sold include warranties by the manufacturers,
dealerships, and/or insurance companies. A warranty is an
agreement between the manufacturer, dealership, or
insurance company and the customer that should something
break, malfunction, or otherwise go wrong with the vehicle
within a certain period of time or miles driven, then the
manufacturer, dealership, or insurance company will repair
or replace the component at no additional cost to the
customer. Usually, such agreements require the customer
to regularly maintain the vehicle like changing the oil on
specified intervals such as every 5,000 miles. It may be
possible that the owner accidentally voids the warranty if
he/she follows the mileage on the bottle of the lubricant
oil rather than as prescribed by the vehicle manual or
warranty agreement.
B. The Infrequently Driven Vehicle.
For a "weekend" vehicle or one that is driven for low miles,
oil maintenance may not directly correlate with the
owner's manual and maintenance may have to occur more than
expected. Over time, oil becomes contaminated by gases
that blow by the pistons - the longer the oil sits with
that contamination, the more it degrades. So, regardless
of the oil, which would have a useful life of 10,000
miles, the oil change interval would likely have to occur
more frequently in the case of a "weekend" car. It is
questionable whether this bill would have an effect on
reducing the amount of oil used for such vehicles.
4. Is the California Oil Recycling Enhancement Act the Right
Place?
This bill requires, on and after 2018, 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 manufacturers' recommendations
and must meet current automotive industry standards.
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SB 778 proposes to place this requirement in the California Oil
Recycling Enhancement Act, which is located in the Public
Resources Code. The act establishes a program to encourage
the recycling of used oil and authorizes CalRecycle to award
grants to and work with local governments and other entities
to develop and make environmental advancements for the end of
the lifecycle of oil.
Within the Petroleum Products Program, the California Department
of Food and Agriculture maintains and enforces the minimum
quality specification for most petroleum and automotive
products sold in the state, as well as regulates the
advertising and labeling of these products. Standards for
lubricating oils are located in the Business and Professions
Code §13460 et seq.
This bill places mandates on automotive oil at the beginning of
the lifecycle, what must go into the car, and the level of
performance required for the use of the product. To keep
consistency with existing law dealing with this type of
product, the author may wish to consider moving the
provisions of this bill to the Business and Professions Code
relating to standards for lubricating oils.
Related/Prior Legislation
SB 916 (Correa) (2014) would have specified that synthetic oil
included oil composed of biobased feedstock for the purposes of
regulating disposal and recycling of used oil; would have
prohibited on and after January 1, 2017, the sale of lubricating
oil in the state unless the lubricating oil met certain
requirements, including meeting or exceeding minimal standards
for biodegradability. (NOTE: SB 916 was subsequently amended
to address firearms).
SB 546 (Lowenthal), Chapter 353, Statutes of 2009, made broad
changes to the Act to encourage the best re-use of used oil and
reduce air pollution from the use of used oil, including:
raising the fee paid by lubricating oil manufacturers from $0.16
to $0.26 per gallon; increasing the incentives paid for
recycling used oil; increasing the testing requirements for used
oil transporters; and, requiring a life-cycle analysis of used
oil.
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SOURCE: Californians Against Waste
SUPPORT:
American Logistics Company
American Lung Association
Blue River Advisors
California Coastal Coalition
California League of Conservation Voters
Clean Green Technologies
Coalition for Clean Air
Coastal Environmental Rights Foundation
Colorado Ocean Coalition
Environment California
Friends of the River
LivBlue
Marine Watch International
Mission Blue/Sylvia Earle Alliance
Napa Recycling & Waste Services
Roost LA
Sierra Club California
Solazyme, Inc.
StopWaste
Strategic Ocean Solutions
Surfrider Foundation
T2e Energy
The TerraMar Project
Turtle Island Restoration Network
West Marin Environmental Action Committee
Wholly H2O
Wildcoast
OPPOSITION: None on file
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