Bill Text: CA SB778 | 2015-2016 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Automotive repair: oil changes: notification to customers.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2016-11-30 - Last day to consider Governor's veto pursuant to Joint Rule 58.5. [SB778 Detail]
Download: California-2015-SB778-Amended.html
Bill Title: Automotive repair: oil changes: notification to customers.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2016-11-30 - Last day to consider Governor's veto pursuant to Joint Rule 58.5. [SB778 Detail]
Download: California-2015-SB778-Amended.html
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, andtobe 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.