Bill Text: CA SB778 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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

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BILL NUMBER: SB 778	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JANUARY 4, 2016
	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   12  (commencing with Section
 48635)   9890)  to Chapter  4
  20.3  of  Part 7 of  Division
 30 of,   3 of  the  Public
Resources   Business and Professions  Code,
relating to  hazardous waste.   professions and
vocations. 


	LEGISLATIVE COUNSEL'S DIGEST


   SB 778, as amended, Allen. Automotive  oil source
reduction.   repair: oil changes: notification to
customers. 
   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.   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. 
   This  bill, on and after January 1, 2018,  
bill  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. A violation of these provisions would
be a crime,   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,  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%   40
percent  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.  
   (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.  
   (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.  
   (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.  
   (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.  
   (d) 
    (   f)  It is  further  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. 
  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. 
   SEC. 2.    Article 12 (commencing with Section 9890)
is added to Chapter 20.3 of Division 3 of the   Business and
Professions Code   , to read:  

      Article 12.  Oil Change


   9890.  (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). 
   SEC. 4.  SEC. 3.    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.