California 2009-2010 Regular Session Status: Passed Assembly

AB 907 — California Oil Recycling Enhancement Act: rerefined oil.

Last action — Died on Senate inactive file.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

(1) The California Oil Recycling Enhancement Act, administered by the California Integrated Waste Management Board, among other things, defines terms and establishes the used oil recycling program, consisting of a recycling incentive system, grants or loans to local governments and nonprofit entities for specified purposes related to used lubricating oil collection and recycling and stormwater pollution from used oil and oil byproducts, development and implementation of an information and education program to promote alternatives to the illegal disposal of used oil, and a reporting, monitoring, and enforcement program to ensure that laws relating to used oil are properly carried out. A violation of the act is a crime. This bill would define the term "rerefined oil" and revise the definition of "used oil hauler" for purposes of the act, and would revise and recast the used oil recycling program, so that, among other things, it would no longer provide for loans, and it would provide for the development and implementation of an information and education program to promote methods to reduce the amounts of used oil generated and to promote the use of rerefined oil in automotive and industrial lubricants. The bill would revise the purposes for which grants under the program may be made and would authorize contracts additionally to be made with private entities. (2) The act generally requires every oil manufacturer to pay to the board an amount equal to $0.04 for every quart, or $0.16 for every gallon, of lubricating oil sold or transferred in the state, or imported into the state for use in the state. This bill would exempt from the payment of the fee oil sold as finished lubricant containing at least 70% rerefined base lubricant. (3) The act requires the board to pay a recycling incentive to every industrial generator, curbside collection program, and certified used oil collection center, for used lubricating oil if certain conditions apply, and to an electric utility, as defined, for certain used lubricating oil. This bill would revise the conditions applicable to used lubricating oil that must be met before the board is required to pay the recycling incentive, and would delete the requirement that the board pay the recycling incentive to an electric utility for certain used lubricating oil. The bill additionally would require the board to pay a rerefining incentive to certain recycling facilities that produce rerefined base lubricant meeting specified requirements. The bill would require the board, on or before January 1, 2012, to consider whether to implement additional incentives that prioritize the highest and most beneficial uses of used lubricating oil. The bill would require the board to set the rerefining incentive at not less than $0.02 per gallon, and would authorize the board to increase those amounts if it determines that a higher amount is necessary to promote the collection and recycling of used lubricating oil or the rerefining of used lubricating oil, as applicable, and sufficient funds are available in the California Used Oil Recycling Fund. (4) The act requires the board to deposit the charges described in (2) above, civil penalties and fines paid pursuant to the act, and all other revenues received pursuant to the act, in the California Used Oil Recycling Fund, part of which is continuously appropriated to the board to pay recycling incentives, to provide a reserve for contingencies, to make specified payments for implementation of certain local used oil collection programs in a total amount equal to $10,000,000 or one-half the amount remaining in the fund after specified expenditures are made, whichever is, greater for certain grants and loans and for reimbursement for certain disposal costs of contaminated used oil. The bill would recast the method by which payments for the implementation of the local used oil collection programs are determined. The bill would provide the total annual amounts for these payments would equal $10,000,000 subject to certain conditions. (5) The act prohibits a used oil collection center from being eligible for the payment of recycling incentives until the board has certified the center. Certification eligibility includes compliance with public notice and operational requirements. The act requires a center to reapply for certification every 2 years. This bill instead would require a center to reapply for certification every 4 years and would revise the certification eligibility requirements. (6) Under the act, if the board finds that a shipment of used oil from a certified used oil collection center or a curbside collection program is contaminated by hazardous material and other specified requirements are met, the board, upon application of the center or program, is required to reimburse the center or program for the additional disposal cost of the used oil, subject to eligibility requirements and payment limitations. This bill would include uncertified publicly funded used oil collection centers in small rural counties in those entities eligible to receive that reimbursement, and would modify the eligibility requirements and payment limitations. (7) The act imposes certification requirements for used oil recycling facilities. This bill also would impose certification requirements on rerefiners of used oil. The bill would require certain out-of-state recycling facilities to make specified certifications of compliance with certain federal and state laws, thereby imposing a state-mandated local program, by creating a new crime. (8) The act imposes reporting requirements on industrial generators of used lubricating oil, used oil collection centers, and curbside collection programs, to be eligible for payment of a recycling incentive. This bill would revise those reporting requirements. (9) This bill would make other related changes to the act. (10) Because a violation of the act is a crime, the bill would impose a state-mandated local program by, among other things, bringing rerefiners of used lubricating oil within the ambit of the act. (11) 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.

Bill Text

Action History

  1. Died on Senate inactive file.

  2. To inactive file on motion of Senator Hancock.

  3. Read second time. To third reading.

  4. From committee: Do pass. (Ayes 8. Noes 4.) (August 17).

  5. (Corrected August 17.)

  6. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

  7. Read second time, amended, and re-referred to Com. on APPR.

  8. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (July 6).

  9. Referred to Com. on EQ.

  10. In Senate. Read first time. To Com. on RLS. for assignment.

  11. Read third time, passed, and to Senate. (Ayes 43. Noes 31. Page 1876.)

  12. Read second time. To third reading.

  13. From committee: Do pass. (Ayes 9. Noes 4.) (May 20).

  14. Re-referred to Com. on APPR.

  15. From committee chair, with author's amendments: Amend, and re-refer to Com. on APPR. Read second time and amended.

  16. Re-referred to Com. on APPR.

  17. Read second time and amended.

  18. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 6. Noes 3.) (April 27).

  19. In committee: Hearing postponed by committee.

  20. Re-referred to Com. on NAT. RES.

  21. From committee chair, with author's amendments: Amend, and re-refer to Com. on NAT. RES. Read second time and amended.

  22. Referred to Com. on NAT. RES.

  23. From printer. May be heard in committee March 29.

  24. Read first time. To print.

Sponsors

  • Chesbro · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 4 voted No

Sponsors (1)

  • Chesbro

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Do pass.

Passed 8 Yea · 4 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 8401
Total 8401
% of votes cast 62%31%0%8%
How each member voted (13)
Member Party Vote
Yee — Yea
Hancock — Yea
Wyland — Nay
Runner — Nay
Leno — Yea
Oropeza — Yea
Price — Yea
Corbett — Yea
Kehoe — Yea
Walters — Nay
Wolk — Yea
Cox — Nay
Denham — Not Voting

Official roll call →

AB 907 CHESBRO Assembly Third Reading

Passed 49 Yea · 34 Nay · 9 Other
Party YeaNayPresentNot Voting
Unaffiliated 463208
Democratic 2001
Republican 1200
Total 493409
% of votes cast 53%37%0%10%
How each member voted (92)
Member Party Vote
Hagman — Nay
Carter — Yea
Evans — Yea
Feuer — Yea
Fuentes — Yea
Furutani — Yea
Hayashi — Yea
Hill — Yea
Chesbro — Yea
Huffman — Yea
Krekorian — Yea
Lieu — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fong — Yea
Ammiano — Yea
Bonnie — Yea
Lowenthal — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Conway — Nay
Cook — Nay
DeVore — Nay
Bill — Nay
Tom — Nay
Fuller — Nay
Fletcher — Nay
Audra — Nay
Garrick — Nay
Charles — Not Voting
V. — Not Voting
Manuel — Not Voting
Perez — Not Voting
Duvall — Nay
Gilmore — Nay
Hall — Not Voting
Harkey — Nay
Huber — Nay
Jeffries — Nay
Knight — Nay
Mendoza — Yea
Miller — Nay
Anderson — Nay
Monning — Yea
Nava — Yea
Price — Yea
Ruskin — Yea
Silva — Nay
Smyth — Nay
Swanson — Yea
Torlakson — Yea
Torres — Yea
Tran — Nay
Villines — Nay
Adams — Nay
Bass — Yea
Beall — Yea
Blakeslee — Nay
Block — Not Voting
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hernandez — Not Voting
Logue — Nay
Ma — Yea
Nestande — Nay
Nielsen — Nay
Skinner — Yea
Solorio — Not Voting
Torrico — Yea
Emmerson — Nay
Eng — Yea
Coto — Yea
Davis — Yea
Yamada — Yea
Galgiani — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Not Voting
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 12 Yea · 5 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 12403
Republican 0100
Democratic 0001
Total 12504
% of votes cast 57%24%0%19%
How each member voted (21)
Member Party Vote
Audra — Nay
Charles — Not Voting
Harkey — Nay
Miller — Not Voting
Nielsen — Nay
Skinner — Yea
Duvall — Nay
Torlakson — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Hall — Yea
Price — Yea
Ammiano — Yea
Solorio — Not Voting
Davis — Yea
Fuentes — Yea
Calderon, Lisa Democratic Not Voting
Strickland, Tony Republican Nay

Official roll call →

Subjects

environment agriculture
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Frequently asked questions

What does AB 907 do?
(1) The California Oil Recycling Enhancement Act, administered by the California Integrated Waste Management Board, among other things, defines terms and establishes the used oil recycling program, consisting of a recycling incentive system, grants or loans to local governments and nonprofit entities for specified purposes related to used lubricating oil collection and recycling and stormwater pollution from used oil and oil byproducts, development and implementation of an information and education program to promote alternatives to the illegal disposal of used oil, and a reporting, monitoring, and enforcement program to ensure that laws relating to used oil are properly carried out. A violation of the act is a crime. This bill would define the term "rerefined oil" and revise the definition of "used oil hauler" for purposes of the act, and would revise and recast the used oil recycling program, so that, among other things, it would no longer provide for loans, and it would provide for the development and implementation of an information and education program to promote methods to reduce the amounts of used oil generated and to promote the use of rerefined oil in automotive and industrial lubricants. The bill would revise the purposes for which grants under the program may be made and would authorize contracts additionally to be made with private entities. (2) The act generally requires every oil manufacturer to pay to the board an amount equal to $0.04 for every quart, or $0.16 for every gallon, of lubricating oil sold or transferred in the state, or imported into the state for use in the state. This bill would exempt from the payment of the fee oil sold as finished lubricant containing at least 70% rerefined base lubricant. (3) The act requires the board to pay a recycling incentive to every industrial generator, curbside collection program, and certified used oil collection center, for used lubricating oil if certain conditions apply, and to an electric utility, as defined, for certain used lubricating oil. This bill would revise the conditions applicable to used lubricating oil that must be met before the board is required to pay the recycling incentive, and would delete the requirement that the board pay the recycling incentive to an electric utility for certain used lubricating oil. The bill additionally would require the board to pay a rerefining incentive to certain recycling facilities that produce rerefined base lubricant meeting specified requirements. The bill would require the board, on or before January 1, 2012, to consider whether to implement additional incentives that prioritize the highest and most beneficial uses of used lubricating oil. The bill would require the board to set the rerefining incentive at not less than $0.02 per gallon, and would authorize the board to increase those amounts if it determines that a higher amount is necessary to promote the collection and recycling of used lubricating oil or the rerefining of used lubricating oil, as applicable, and sufficient funds are available in the California Used Oil Recycling Fund. (4) The act requires the board to deposit the charges described in (2) above, civil penalties and fines paid pursuant to the act, and all other revenues received pursuant to the act, in the California Used Oil Recycling Fund, part of which is continuously appropriated to the board to pay recycling incentives, to provide a reserve for contingencies, to make specified payments for implementation of certain local used oil collection programs in a total amount equal to $10,000,000 or one-half the amount remaining in the fund after specified expenditures are made, whichever is, greater for certain grants and loans and for reimbursement for certain disposal costs of contaminated used oil. The bill would recast the method by which payments for the implementation of the local used oil collection programs are determined. The bill would provide the total annual amounts for these payments would equal $10,000,000 subject to certain conditions. (5) The act prohibits a used oil collection center from being eligible for the payment of recycling incentives until the board has certified the center. Certification eligibility includes compliance with public notice and operational requirements. The act requires a center to reapply for certification every 2 years. This bill instead would require a center to reapply for certification every 4 years and would revise the certification eligibility requirements. (6) Under the act, if the board finds that a shipment of used oil from a certified used oil collection center or a curbside collection program is contaminated by hazardous material and other specified requirements are met, the board, upon application of the center or program, is required to reimburse the center or program for the additional disposal cost of the used oil, subject to eligibility requirements and payment limitations. This bill would include uncertified publicly funded used oil collection centers in small rural counties in those entities eligible to receive that reimbursement, and would modify the eligibility requirements and payment limitations. (7) The act imposes certification requirements for used oil recycling facilities. This bill also would impose certification requirements on rerefiners of used oil. The bill would require certain out-of-state recycling facilities to make specified certifications of compliance with certain federal and state laws, thereby imposing a state-mandated local program, by creating a new crime. (8) The act imposes reporting requirements on industrial generators of used lubricating oil, used oil collection centers, and curbside collection programs, to be eligible for payment of a recycling incentive. This bill would revise those reporting requirements. (9) This bill would make other related changes to the act. (10) Because a violation of the act is a crime, the bill would impose a state-mandated local program by, among other things, bringing rerefiners of used lubricating oil within the ambit of the act. (11) 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.
Who sponsors AB 907?
AB 907 is sponsored by Chesbro.
What is the current status of AB 907?
This bill died with 2009-2010 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 907?
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