Bill Text: CA AB493 | 2023-2024 | Regular Session | Amended

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Bill Title: The California Oil Recycling Enhancement Act: rerefined oil.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2024-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB493 Detail]

Download: California-2023-AB493-Amended.html

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Amended  IN  Assembly  March 16, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 493

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Introduced by Assembly Member Hoover

February 07, 2023

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An act to amend Section 25254 of the Health and Safety Code, relating to hazardous materials. An act to amend Section 48620.2 of the Public Resources Code, relating to recycling.

LEGISLATIVE COUNSEL'S DIGEST

AB 493, as amended, Hoover. Hazardous materials: Green Ribbon Science Panel: meetings. The California Oil Recycling Enhancement Act: rerefined oil.

The California Oil Recycling Enhancement Act, administered by the Department of Resources Recycling and Recovery, defines terms and establishes the used oil recycling program, including an enforcement program to ensure that laws relating to used oil are properly carried out. The act defines “rerefined oil” as a lubricant base stock or oil base that meets specified criteria and that has been derived from “used oil,” which the act defines to exclude certain contaminated oils and streams. The act prohibits any rerefined based stock that is not certified as meeting that definition of “rerefined oil” from being sold as rerefined oil. A violation of the act is a crime.

This bill would expand the definition of “rerefined oil” to include a lubricant base stock or oil blend stock product derived from waste oil that is compatible for refining as a blend component for lubricant oil and other recycled oil content containing products, as specified. The bill would define “waste oil” to include those contaminated oils or waste streams that are not included in the definition of used oil. The bill would prohibit from being sold as rerefined oil any rerefined lubricant base stock or other recycled oil content containing product that is not certified as meeting the expanded definition of “rerefined oil.” Because this bill would expand the scope of an existing crime, it would impose 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.

Existing law establishes the Green Ribbon Science Panel and authorizes the panel to, among other things, assist the Department of Toxic Substances Control in developing green chemistry and chemical policy recommendations and implementation strategies and details. Existing law requires the department to provide for staff and administrative support to the panel. Existing law requires the panel to meet at least twice each year.

This bill would increase the number of times the panel is required to meet to at least 3 times each year.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NOYES  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 48620.2 of the Public Resources Code is amended to read:

48620.2.

 (a) “Rerefined oil” means a lubricant base stock or oil base blend stock product that has been derived from used oil or waste oil that is compatible for refining as a blend component for lubricant oil and other recycled oil content containing products and that meets all the following criteria:

(1) Processed using a series of mechanical or chemical methods, or both, including at a minimum, but not limited to, vacuum distillation, followed by solvent refining or hydrotreating. distillation.

(2) Capable of meeting the Physical and Compositional Properties, in addition to the Contaminants and Toxicological Properties, as defined under the American Society for Testing and Materials (ASTM) D6074-99 standard. standard or is sold as a blend component for recycled oil content containing products meeting applicable standards.

(3) Processed into a material that has a performance quality level suitable for use in a finished lubricant. lubricant or other recycled oil content containing product.

(b) A producer of a rerefined lubricant base stock or other recycled oil content containing product shall provide a purchaser of that base stock those products with information that certifies that the rerefined base lubricant blend stock or other recycled oil content containing product is rerefined oil, as that term is defined by subdivision (a). Any rerefined lubricant base stock or other recycled oil content containing product that does not comply with subdivision (a) shall not be sold as rerefined oil and is subject to all applicable hazard, personal protection, and risk communication requirements until subsequent testing demonstrates compliance with subdivision (a).

(c) For purposes of this section, “waste oil” means any contaminated oil or waste stream that is not “used oil” as defined in subparagraphs (A) and (B) of paragraph (1) of subdivision (a) of Section 25250.1 of the Health and Safety Code. “Waste oil” includes, but is not limited to, those items described in subparagraph (C) of paragraph (1) of subdivision (a) of Section 25250.1 of the Health and Safety code.

SEC. 2.

 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.

SECTION 1.Section 25254 of the Health and Safety Code is amended to read:

25254.

(a)In implementing this article, the department shall establish a Green Ribbon Science Panel. The panel shall be composed of members whose expertise shall encompass all of the following disciplines:

(1)Chemistry.

(2)Chemical engineering.

(3)Environmental law.

(4)Toxicology.

(5)Public policy.

(6)Pollution prevention.

(7)Cleaner production methods.

(8)Environmental health.

(9)Public health.

(10)Risk analysis.

(11)Materials science.

(12)Nanotechnology.

(13)Chemical synthesis.

(14)Research.

(15)Maternal and child health.

(b)The department shall appoint the members for staggered three-year terms, and may reappoint a member for additional terms, without limitation.

(c)The panel shall meet as often as the department deems necessary, with consideration of available resources, but not less than three times each year. The department shall provide for staff and administrative support to the panel.

(d)The panel meetings shall be open to the public and are subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).