BILL NUMBER: SB 916 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 19, 2014
INTRODUCED BY Senator Correa
(Principal coauthor: Senator Block)
(Coauthor: Senator Galgiani)
JANUARY 27, 2014
An act to amend Section 25250.1 of the Health and Safety
Code, to add Section 12405 to, and to add Article 7.7
(commencing with Section 10409.1) to Chapter 2 of Part 2 of Division
2 of, the Public Contract Code, and to add Chapter 5.8 (commencing
with Section 42359) to Part 3 of Division 30 of the Public Resources
Code, relating to biosynthetic lubricants
lubricating oil .
LEGISLATIVE COUNSEL'S DIGEST
SB 916, as amended, Correa. Biosynthetic lubricants:
Lubricating oil: biosynthetic lubricants:
procurement: sale.
(1) Existing law authorizes the Department of Toxic Substances
Control to regulate the disposal of hazardous waste, including used
oil, and, for those purposes, defines "used oil" to mean oil that has
been refined from crude oil, or any synthetic oil, that has been
used, and, as a result of use or as a consequence of extended
storage, or spillage, has been contaminated with physical or chemical
impurities.
This bill would specify that synthetic oil includes oil composed
of biobased feedstock for these purposes.
(1)
(2) Existing law requires state agencies and
contractors with state agencies to purchase lubricating oil, as
defined, and industrial oil, as defined, containing the greatest
percentage of recycled oil, unless a specified certification is made.
Existing law also requires local agencies to purchase lubricating
oil and industrial oil that contains recycled oil if the product
meets specified conditions.
This bill , on and after January 1, 2016, would require
a state agency agency, and any person
or entity contracting with, or receiving a grant from,
with a state agency that purchases
lubricating oil, on and after January 1, 2016, for the
supply of lubricating oil, to purchase only biosynthetic
lubricant that meets or exceeds certain
requirements, including minimal standards for
biodegradability, as defined biodegradability .
The bill would require the Department of General Services, by
January 31, 2016 July 31, 2015 , to
provide language for a state agency to include in a contract or grant
implementing these provisions. The bill would authorize a state
agency, city, county, city and county, or district to purchase
biosynthetic lubricant that meets or exceeds minimal
standards for biodegradability, as specified the
specified requirements .
(2)
(3) The California Oil Recycling Enhancement Act,
administered by the Department of Resources Recycling and Recovery,
imposes a charge upon the sale of lubricating oil, for deposit in the
California Used Oil Recycling Fund, and continuously appropriates
money from the fund to the department to provide, among other things,
grants and contracts to local governments, nonprofit entities, and
private entities and recycling incentives to every industrial
generator, curbside collection program, and certified used oil
collection center for collected or generated used lubricating oil.
Existing law prohibits the sale of engine oil and lubricating oil
unless the product conforms to certain specifications.
This bill would prohibit on and after January 1, 2017, the sale of
lubricating oil in the state unless the lubricating oil meets
certain requirements, including meeting or exceeding the minimal
standards for biodegradability, as specified. The
specified, and unless the producer of the biosynthetic
lubricating oil files with the department a document by which the
producer verifies that the lubricating oil meets the specified
requirements. The bill would require the department to provide the
producer with a unique lubricating oil biodegradability compliance
number for each product self-verified by the producer.
The bill would authorize, on and after January
1, 2016, July 1, 2015, the Director of
Resources Recycling and Recovery, in consultation with an advisory
committee established by the bill as specified, to grant a
one-year extension from extensions, in increments of
one year, of these requirements and the state agency
biosynthetic lubricant purchasing requirements described above
if the director finds that the biosynthetic
lubricating oil is not commercially available. The bill would
authorize a procuring agency or person to sell, no later than 12
months after January 1, 2017, or 12 months after the end of the last
of all extensions granted as discussed above, lubricating oil that
does not meet the specified requirements if the procuring agency or
person legally possessed the lubricating oil before the latter of
those dates. The bill would require the procuring agency
or person to maintain records to verify that the lubricating oil was
in the person's or agency's possession before the latter date. The
bill would require the department to inform local agencies and
individuals of the benefits of biosynthetic lubricating oils.
(3)
(4) Existing law requires the Department of General
Services, in consultation with the California Environmental
Protection Agency, members of the public, industry, and public health
and environmental organizations, to provide state agencies with
information and assistance regarding environmentally preferable
purchasing.
This bill would require the Department of General Services to
maintain and update, on the department's Internet Web site, a list
that contains the names of biosynthetic lubricating oil
products that meet or exceed the minimal standards of
biodegradability, as specified the specified
lubricating oil requirements . The bill would require the
department to transmit a copy of this list to the Office of the
President of the University of California to facilitate the
University of California's procurement efforts.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The Legislature finds and declares all of the
following:
(1) The United States Environmental Protection Agency (EPA) now
considers pollution from all diffuse sources, including urban
stormwater pollution, to be the most important source of
contamination in our nation's waters.
(2) The EPA ranks urban runoff and storm sewer discharges as the
second most prevalent source of water quality impairment in our
nation's estuaries and the fourth most prevalent source of water
quality impairment in our lakes.
(3) Although the effects of runoff on specific waters vary and are
often not fully assessed, pollutants carried by runoff are known to
have potentially harmful effects on drinking water supplies,
recreation, fisheries, and wildlife.
(4) Among the pollutants in runoff are petroleum oil and oil
byproducts, which have been shown to contain harmful constituents,
including metals and polycyclic aromatic hydrocarbons.
(5) Most of California's population lives in urban and coastal
areas where the water resources are highly vulnerable to, and are
often severely degraded by, urban runoff.
(6) Polluted storm water poses risks to public health and the
ecology of local waterways.
(7) A significant source of storm water
stormwater pollution will be reduced with the introduction of
new technologies, such as biosynthetic lubricants, that will improve
water and air quality in the state and reduce greenhouse gas (GHG)
emissions.
(8) Biosynthetic lubricants have shown significant GHG
reductions of as much as 88 percent, as compared
to similar petroleum-based synthetic lubricating oils.
(9) Used motor oil is the largest volume of hazardous waste
generated in California, with approximately 150 million gallons of
motor oil purchased every year, generating over 90 million gallons of
used oil. However, only about 76 million gallons are actually
collected, and only about 10 to 12 million gallons are actually
rerefined into motor oil. Most of the used oil is shipped
out-of-state out of state and burned as fuel,
producing GHG emissions.
(10) An estimated 14 to 16 million gallons of motor oil are
illegally dumped, ending up in rivers, streams, and lakes, degrading
drinking water supplies, and adding to storm water and coastal
pollution. The remaining gallons are lost in use, either burned in
the combustion chamber of an engine, or dripped onto streets and
parking lots, creating a "silent oil spill" of approximately 60
million gallons annually.
(11) Technologies now exists exist
to supply a high-performance high performance
, biobased, biodegradable blend of lubricating oil for use in
gasoline and diesel engines in passenger cars, light-duty trucks, and
vans. These biosynthetic lubricating oils have performance qualities
similar to or superior than other synthetic lubricants, with added
environmental and public health benefits.
(12) Independent testing shows not only that biosynthetic oils
are among the highest rated products for protecting engines and
machinery, thereby likely improving fuel efficiency, but they are
also biobased, biodegradable, and do not bioaccumulate in marine
organisms.
(13) The United States Department of Agriculture's BioPreferred
Program program , which imposes
procurement preferences on federal agencies and contractors for the
purchase of biobased products, recently added a preference for motor
oil, for certain diesel and gasoline engines, that have at least 25
percent biobased content.
(14) Biosynthetic lubricating oils degrade more rapidly than
petroleum-based lubricants and are less toxic, thus greatly reducing
environmental and public health risks. Thus, these new technologies
will not only save the State of California and consumers money, but
will improve air and water quality and reduce GHG emissions.
(15) Used motor oil that is recycled and rerefined into motor oil
can benefit from this new technology by blending the recycled oil
with high-performance high performance
, biobased, biodegradable products that have greater environmental
and public health benefits.
(16) By increasing the content of biobased products in
lubricating oils, California taxpayers will benefit from lower costs
of complying with the federal Clean Water Act (33 U.S.C. Sec. 1251 et
seq.).
(17) Biobased feedstocks, which are used in the production of
food, and biosynthetic lubricating oils are composed of some of the
same biobased materials. Although motor lubricating oils represent a
small percentage of the total motor fuel volume, the state should
promote the use of sustainable biosynthetic lubricating oils and make
sure that its use minimizes any potential negative impacts on food
security.
(b) The Legislature further finds and declares all of the
following:
(1) Current law requires state agencies to reduce their vehicle
fleets' consumption of petroleum products, including through the use
of synthetic motor oils.
(2) The State Petroleum Reduction Plan identifies the use of
synthetic motor oil and extending the intervals between oil changes
as a way to reduce the state fleet's consumption of petroleum.
(1)
(3) This act would implement a policy of the state to
require state agencies, when servicing fleet vehicles, to
request the use of biosynthetic
lubricating oil that meets certain standards , when
available.
(2)
(4) The use of biosynthetic lubricating oil, as
provided by this act, will further the state's policy of reducing the
state fleet's petroleum consumption and protecting the environment.
(3)
(5) The use of biosynthetic lubricating oil, as
provided by this act, will help reduce overall petroleum consumption
and aid the state in achieving its goals of reducing GHG emissions.
(4)
(6) Vehicles using synthetic and biosynthetic
lubricating oils require fewer oil changes, extending oil change
intervals intervals, and thus reducing
the quantity of lubricating oil used over the life of the
vehicle lives of those vehicles .
(5)
(7) While the initial cost of synthetic and
biosynthetic lubricating oil maybe may be
higher than conventional motor oil, when balanced against the
longer oil change interval, using synthetic and biosynthetic oils
becomes less expensive in the long term.
(6)
(8) The benefits of longer intervals between oil
changes, the reduced consumption of lubricating oil over the life of
the vehicle, improved fuel efficiency, the reduction in GHG
emissions, and the benefits to public health and the environment make
biosynthetic lubricating oil a cost-effective alternative to
petroleum-based lubricating oil.
SEC. 2. Section 25250.1 of the Health
and Safety Code is amended to read:
25250.1. (a) As used in this article, the following terms have
the following meaning:
(1) (A) "Used oil" means all of the following:
(i) Oil that has been refined from crude oil, or any
a synthetic oil, including oil composed of
biobased feedstock, that has been used, and, as a result of use
or as a consequence of extended storage, or spillage, has been
contaminated with physical or chemical impurities.
(ii) Material that is subject to regulation as used oil under Part
279 (commencing with Section 279.1) of Subchapter I of Chapter 1 of
Title 40 of the Code of Federal Regulations.
(B) Examples of used oil are spent lubricating fluids that have
been removed from an engine crankcase, transmission, gearbox, or
differential of an automobile, bus, truck, vessel, plane, heavy
equipment, or machinery powered by an internal combustion engine;
industrial oils, including compressor, turbine, and bearing oil;
hydraulic oil; metalworking oil; refrigeration oil; and railroad
drainings.
(C) "Used oil" does not include any of the following:
(i) Oil that has a flashpoint below 100 degrees Fahrenheit or that
has been mixed with hazardous waste, other than minimal amounts of
vehicle fuel.
(ii) (I) Wastewater, the discharge of which is subject to
regulation under either Section 307(b) (33 U.S.C. Sec. 1317(b)) or
Section 402 (33 U.S.C. Sec. 1342) of the federal Clean Water Act (33
U.S.C. Sec. 1251 et seq.), including wastewaters at facilities that
have eliminated the discharge of wastewater, contaminated with de
minimis quantities of used oil.
(II) For purposes of this clause, "de minimis quantities of used
oil" are small spills, leaks, or drippings from pumps, machinery,
pipes, and other similar equipment during normal operations, or small
amounts of oil lost to the wastewater treatment system during
washing or draining operations.
(III) This exception does not apply if the used oil is discarded
as a result of abnormal manufacturing operations resulting in
substantial leaks, spills, or other releases or to used oil recovered
from wastewaters.
(iii) Used oil re-refining distillation bottoms that are used as
feedstock to manufacture asphalt products.
(iv) Oil that contains polychlorinated biphenyls (PCBs) at a
concentration of 5 ppm or greater.
(v) (I) Oil containing more than 1000
1,000 ppm total halogens, which shall be presumed to be a
hazardous waste because it has been mixed with halogenated hazardous
waste listed in Subpart D (commencing with Section 261.30) of Part
261 of Subchapter I of Chapter 1 of Title 40 of the Code of Federal
Regulations.
(II) A person may rebut the presumption specified in subclause (I)
by demonstrating that the used oil does not contain hazardous waste,
including, but not limited to, in the manner specified in subclause
(III).
(III) The presumption specified in subclause (I) is rebutted if it
is demonstrated that the used oil that is the source of total
halogens at a concentration of more than 1000
1,000 ppm is solely either household waste, as defined in
Section 261.4(b)(1) of Title 40 of the Code of Federal Regulations,
or is collected from conditionally exempt small quantity generators,
as defined in Section 261.5 of Title 40 of the Code of Federal
Regulations. Nothing in this subclause authorizes any
a person to violate the prohibition specified in
Section 25250.7.
(2) "Board" means the California Integrated Waste
Management Board Department of Resources Recovery and
Recycling .
(3) (A) "Recycled oil" means any oil that meets all of the
following requirements specified in clauses (i) to (iii), inclusive:
(i) Is produced either solely from used oil, or is produced solely
from used oil that has been mixed with one or more contaminated
petroleum products or oily wastes, other than wastes listed as
hazardous under the federal act, provided that if the resultant
mixture is subject to regulation as a hazardous waste under Section
279.10(b)(2) of Title 40 of the Code of Federal Regulations, the
mixture is managed as a hazardous waste in accordance with all
applicable hazardous waste regulations, and the recycled oil produced
from the mixture is not subject to regulation as a hazardous waste
under Section 279.10(b)(2) of Title 40 of the Code of Federal
Regulations. If the oily wastes with which the used oil is mixed were
recovered from a unit treating hazardous wastes that are not oily
wastes, these recovered oily wastes are not excluded from being
considered as oily wastes for purposes of this section or Section
25250.7.
(ii) The recycled oil meets one of the following requirements:
(I) The recycled oil is produced by a generator lawfully recycling
its oil.
(II) The recycled oil is produced at a used oil recycling facility
that is authorized to operate pursuant to Section 25200 or 25200.5
solely by means of one or more processes specifically authorized by
the department. The department may shall
not authorize a used oil recycling facility to use a process in
which used oil is mixed with one or more contaminated petroleum
products or oily wastes unless the department determines that the
process to be authorized for mixing used oil with those products or
wastes will not substantially contribute to the achievement of
compliance with the specifications of subparagraph (B).
(III) The recycled oil is produced in another state, and the used
oil recycling facility where the recycled oil is produced, and the
process by which the recycled oil is produced, are authorized by the
agency authorized to implement the federal act in that state.
(iii) Has been prepared for reuse and meets all of the following
standards:
(I) The oil meets the standards of purity set forth in
subparagraph (B).
(II) If the oil was produced by a generator lawfully recycling its
oil or the oil is lawfully produced in another state, the oil is not
hazardous pursuant to the criteria adopted by the department
pursuant to Section 25141 for any characteristic or constituent other
than those listed in subparagraph (B).
(III) The oil is not mixed with any waste listed as a hazardous
waste in Part 261 (commencing with Section 261.1) of Subchapter I of
Chapter 1 of Title 40 of the Code of Federal Regulations.
(IV) The oil is not subject to regulation as a hazardous waste
under the federal act.
(V) If the oil was produced lawfully at a used oil recycling
facility in this state, the oil is not hazardous pursuant to any
characteristic or constituent for which the department has made the
finding required by subparagraph (B) of paragraph (2) of subdivision
(a) of Section 25250.19, except for one of the characteristics or
constituents identified in the standards of purity set forth in
subparagraph (B).
(B) The following standards of purity are in effect for recycled
oil, in liquid form, unless the department, by regulation,
establishes more stringent standards:
(i) Flashpoint: minimum standards set by the American Society for
Testing and Materials for the recycled products. However, recycled
oil to be burned for energy recovery shall have a minimum flashpoint
of 100 degrees Fahrenheit.
(ii) Total lead: 50 mg/kg or less.
(iii) Total arsenic: 5 mg/kg or less.
(iv) Total chromium: 10 mg/kg or less.
(v) Total cadmium: 2 mg/kg or less.
(vi) Total halogens: 3000 mg/kg or less. However, recycled oil
shall be demonstrated by testing to contain not more than 1000 mg/kg
total halogens listed in Appendix VIII of Part 261 (commencing with
Section 261.1) of Subchapter I of Chapter 1 of Title 40 of the Code
of Federal Regulations.
(vii) Total polychlorinated biphenyls (PCBs): less than 2 mg/kg.
(C) Compliance with the specifications of subparagraph (B) or with
the requirements of clauses (iv) and (v) of subparagraph
(B) (C) of paragraph (1) shall not be met by
blending or diluting used oil with crude or virgin oil, or with a
contaminated petroleum product or oily waste, except as provided in
subclause (II) of clause (ii) of subparagraph (A), and shall be
determined in accordance with the procedures for identification and
listing of hazardous waste adopted in regulations by the department.
Persons authorized by the department to recycle oil shall maintain
records of volumes and characteristics of incoming used oil and
outgoing recycled oil and documentation concerning the recycling
technology utilized to demonstrate to the satisfaction of the
department or other enforcement agencies that the recycling has been
achieved in compliance with this subdivision.
(D) This paragraph does not apply to oil that is to be disposed of
or used in a manner constituting disposal.
(4) "Used oil recycling facility" means a facility that
reprocesses or re-refines used oil.
(5) "Used oil storage facility" means a storage facility, as
defined in subdivision (b) of Section 25123.3, that stores used oil.
(6) "Used oil transfer facility" means a transfer facility, as
defined in subdivision (a) of Section 25123.3, that meets the
qualifications to be a storage facility, for purposes of Section
25123.3.
(7) (A) For purposes of this section and Section 25250.7 only,
"contaminated petroleum product" means a product that meets all of
the following conditions:
(i) It is a hydrocarbon product whose original intended purpose
was to be used as a fuel, lubricant, or solvent.
(ii) It has not been used for its original intended purpose.
(iii) It is not listed in Subpart D (commencing with Section
251.30) of Part 261 of Subchapter I of Chapter 1 of Title 40 of the
Code of Federal Regulations.
(iv) It has not been mixed with a hazardous waste other than
another contaminated petroleum product.
(B) Nothing in this section or Section 25250.7 shall be construed
to affect the exemptions in Section 25250.3, or to subject
contaminated petroleum products that are not hazardous waste to any
requirements of this chapter.
(b) Unless otherwise specified, used oil that meets either of the
following conditions is not subject to regulation by the department:
(1) The used oil has not been treated by the generator of the used
oil, the generator claims the used oil is exempt from regulation by
the department, and the used oil meets all of the following
conditions:
(A) The used oil meets the standards set forth in subparagraph (B)
of paragraph (3) of subdivision (a).
(B) The used oil is not hazardous pursuant to the criteria adopted
by the department pursuant to Section 25141 for any characteristic
or constituent other than those listed in subparagraph (B) of
paragraph (3) of subdivision (a).
(C) The used oil is not mixed with any waste listed as a hazardous
waste in Part 261 (commencing with Section 261.1) of Subchapter I of
Chapter 1 of Title 40 of the Code of Federal Regulations.
(D) The used oil is not subject to regulation as either hazardous
waste or used oil under the federal act.
(E) The generator of the used oil has complied with the
notification requirements of subdivision (c) and the testing and
recordkeeping requirements of Section 25250.19.
(F) The used oil is not disposed of or used in a manner
constituting disposal.
(2) The used oil meets all the requirements for recycled oil
specified in paragraph (3) of subdivision (a), the requirements of
subdivision (c), and the requirements of Section 25250.19.
(c) Used oil recycling facilities and generators lawfully
recycling their own used oil that are the first to claim that
recycled oil meets the requirements specified in paragraph (2) of
subdivision (b) shall maintain an operating log and copies of
certification forms, as specified in Section 25250.19. Any person who
generates used oil, and who claims that the used oil is exempt from
regulation pursuant to paragraph (1) of subdivision (b), shall notify
the department, in writing, of that claim and shall comply with the
testing and recordkeeping requirements of Section 25250.19
prior to before its reuse. In any action to
enforce this article, the burden is on the generator or recycling
facility, whichever first claimed that the used oil or recycled oil
meets the standards and criteria, and on the transporter or the user
of the used oil or recycled oil, whichever has possession, to prove
that the oil meets those standards and criteria.
(d) Used oil shall be managed in accordance with the requirements
of this chapter and any additional applicable requirements of Part
279 (commencing with Section 279.1) of Subchapter I of Chapter 1 of
Title 40 of the Code of Federal Regulations.
SEC. 2. SEC. 3. Article 7.7
(commencing with Section 10409.1) is added to Chapter 2 of Part 2 of
Division 2 of the Public Contract Code, to read:
Article 7.7. Biosynthetic Lubricant Procurement
10409.1. The following definitions govern the construction of
this article:
(a) "ASTM" means the American Society for Testing and Materials.
(b) "Biobased content" means the amount of biobased carbon within
a biosynthetic lubricant, expressed as a percent of total weight
(mass) of the organic carbon within the product, as determined by
using the ASTM D6866-12 (standard test methods for determining the
biobased content of solid, liquid, and gaseous samples using
radiocarbon analysis), as that test method read on January 1, 2013.
(c) "Biobased product" means a product that is any of the
following:
(1) Composed, in whole or in significant part, of biological
products, including renewable agricultural materials, algae, and
forestry materials.
(2) An intermediate ingredient or feedstock material or compound
made in whole or in significant part from biological products,
including renewable agricultural materials, including plant, animal,
and marine materials, including algae, or forestry materials, that
are subsequently used to make a more complex compound or product.
(d) (1) "Biodegradable" means a substance that meets one of the
following requirements, under the conditions specified in paragraph
(2):
(A) The substance can demonstrate the removal of at least 70
percent of dissolved organic carbon.
(B) The substance produces at least 60 percent theoretical carbon
dioxide.
(C) The substance consumes at least 60 percent of the theoretical
oxygen demand.
(2) The substance meets the requirements specified in paragraph
(1) within 28 days of use, as determined under one of the following
test methods, as those test methods read on January 1, 2013:
(A) OECD Test No. 301 A-F.
(B) OECD Test No. 306.
(C) OECD Test No. 310.
(D) ASTM D5862-2006 D5864-2006
standard test method.
(E) ASTM D7373-2007 standard test method .
(e) "Biosynthetic lubricant" means a lubricating oil that contains
a biobased product.
(f) "Lubricating oil" means motor oil intended for use
in an internal combustion gasoline or diesel engine used in passenger
cars, light-duty trucks, or vans.
(g) "Minimal standards for biodegradability" means that the
amount of biobased content within the lubricating oil is not less
than 25 percent and that the biobased content is biodegradable.
(h)
(g) "OECD" means the Organisation for Economic
Co-operation and Development.
(i)
(h) "Procuring agency" means any state agency or any
person or entity contracting with, or receiving a grant
from, with that agency for the supply of
lubricating oil to the state .
10409.2. (a) (1)
On Except as provided in Section 42359.3 of the Public
Resources Code, on and after January 1, 2016, every procuring
agency that purchases lubricating oil shall only purchase
biosynthetic lubricant that meets or exceeds minimal
standards for biodegradability the requirements of
Section 42359.1 of the Public Resources Code .
(2)
(b) Before January 31, 2016,
July 31, 2015, the Department of General Services shall provide
language for a state agency to include in a contract or grant that
implements the provisions of this subdivision.
(b) On and after January 1, 2017, every procuring agency shall
purchase lubricating oil from a seller that is in compliance with
Section 42359.1 of the Public Resources Code.
10409.3. Notwithstanding any other law, when procuring
lubricating oil for gasoline or diesel engines used in passenger
cars, light light-duty trucks, and
vans, a state agency, city, county, city and county, and district,
including a school district and a community college district, may
purchase biosynthetic lubricants that have a biobased
content that meets or exceeds minimal standards for biodegradability
lubricating oil that is in compliance with Section
42359.1 of the Public Resources Code .
SEC. 3. SEC. 4. Section 12405 is
added to the Public Contract Code, to read:
12405. (a) The Department of General Services shall maintain and
update, on the department's "Buying Green" Internet Web site, a list
that contains the names of biosynthetic lubricating oil
products that meet or exceed the minimal standards for
biodegradability, as defined in Section 10409.1 the
requirements of Section 42359.1 of the Public Resources Code .
(b) The Department of General Services shall transmit a copy of
the list described in subdivision (a) to the Office of the President
of the University of California to facilitate the University of
California's procurement efforts.
SEC. 4. SEC. 5. Chapter 5.8
(commencing with Section 42359) is added to Part 3 of Division 30 of
the Public Resources Code, to read:
CHAPTER 5.8. BIOSYNTHETIC LUBRICANT
42359. The following definitions govern the construction of this
chapter:
(a) "ASTM" means the American Society for Testing and Materials.
(b) "Biobased content" means the amount of biobased carbon within
a biosynthetic lubricant, expressed as a percent of total weight
(mass) of the organic carbon within the product, as determined by
using the ASTM D6866-12 (standard test methods for determining the
biobased content of solid, liquid, and gaseous samples using
radiocarbon analysis), as that test method read on January 1, 2013.
(c) "Biobased product" means a product that is any of the
following:
(1) Composed, in whole or in significant part, of biological
products, including renewable agricultural materials, algae, and
forestry materials.
(2) An intermediate ingredient or feedstock material or compound
made in whole or in significant part from biological products,
including renewable agricultural materials, including plant, animal,
and marine materials, including algae, or forestry materials, that
are subsequently used to make a more complex compound or product.
(d) (1) "Biodegradable" means a substance that meets one of the
following requirements, under the conditions specified in paragraph
(2):
(A) The substance can demonstrate the removal of at least 70
percent of dissolved organic carbon.
(B) The substance produces at least 60 percent theoretical carbon
dioxide.
(C) The substance consumes at least 60 percent of the theoretical
oxygen demand.
(2) The substance meets the requirements specified in paragraph
(1) within 28 days of use, as determined under one of the following
test methods, as those test methods read on January 1, 2013:
(A) OECD Test No. 301 A-F.
(B) OECD Test No. 306.
(C) OECD Test No. 310.
(D) ASTM D5862-2006 D5864-2006
standard test method.
(E) ASTM D7373-2007 standard test method.
(e) "Biosynthetic lubricant" means a lubricating oil that contains
a biobased product.
(f)
"Lubricating oil" means motor oil intended for use in an
internal combustion gasoline or diesel engine used in passenger cars,
light-duty trucks, or vans.
(g) "Minimal standards for biodegradability" means that the amount
of biobased content within the lubricating oil is not less than 25
percent and that the biobased content is biodegradable.
(h) "OECD" means the Organisation for Economic Co-operation and
Development.
42359.1. Notwithstanding Article 7 (commencing with Section
13460) of Chapter 14 of Division 5 of the Business and Professions
Code, on and after January 1, 2017, a person shall not sell
lubricating oil in the state unless the producer of the
lubricating oil does both has filed with the
department a document by which the producer verifies compliance with
subdivisions (a) to (c), inclusive, in accordance with Section
42359.2 and the lubricating oil complies with all of the
following:
(a) Meets It is a biosynthetic lubricant
and meets or exceeds minimal standards for biodegradability, as
defined in Section 42359.
(b) Is It is at the time of the sale
certified for use by the American Petroleum Institute's Engine Oil
and Licensing Certification System.
(c) (1) It is, at the time of sale and based on a life-cycle
analysis, certified by a third-party sustainable biomaterials
certification entity to be both of the following:
(A) Produced without causing higher greenhouse gas or criteria
pollutant emissions than comparable petroleum-based lubricant.
(B) Produced without having significant negative impacts on food
security.
(2) If the department has reason to believe that either of the
certifications provided pursuant to paragraph (1) is not
scientifically conclusive, the director may require another
third-party sustainable biomaterials certification entity to
reexamine the certification.
42359.2. (a) A producer of biosynthetic lubricating oil that is
intended for sale in the state, at least 90 days before its initial
sale, shall file with the department a document by which the producer
verifies that the lubricating oil is in compliance with subdivisions
(a) to (c), inclusive, of Section 42359.1. The department shall
acknowledge receipt of this self-verification by providing the
producer with a unique lubricating oil biodegradability compliance
number for each product self-verified by the producer. By
acknowledging receipt of self-verification of compliance, the
department shall not be deemed to be ensuring the veracity of the
information provided by the producer.
(b) A producer of lubricating oil shall Verify that the
biosynthetic lubricating oil is in compliance with Section 42359.1
each time the lubricating oil is recertified by the American
Petroleum Institute's Engine Oil and Licensing Certification System.
42359.2. 42359.3. On and after
January 1, 2016, July 1, 2015, the
director, in consultation with the advisory committee established
pursuant to Section 42359.3 42359.4 ,
may grant a one-year delay
delays of the requirements imposed pursuant to Section 42359.1
and Section 10409.2 of the Public Contract Code if the
director finds that the biosynthetic lubricating oil is
not commercially available in the state. In deciding whether to grant
or deny an extension, the director shall consider, but shall not be
bound by, the recommendation of the advisory committee.
42359.3. 42359.4. The director shall
establish an advisory committee of nine members appointed by the
director. The advisory committee, based upon information submitted to
the committee by lubricating oil manufacturers, wholesalers, and
retailers, shall consider and recommend approval or denial of a delay
pursuant to Section 42359.2 42359.3 .
The advisory committee shall include representation from the
petroleum industry, biosynthetic fuel and oil
industry, automobile manufacturers and servicing industry, local
government storm water stormwater
management agencies, and public interest groups.
42359.5. A procuring agency or person subject to the provisions
of this article may sell, no later than 12 months after the date
specified in Section 42359.1, or no later than 12 months after the
end of the last of all extensions granted by the director pursuant to
Section 42359.3, whichever is the later, lubricating oil that does
not meet the standards of Section 42359.1 if the procuring agency or
person legally possessed the lubricating oil before the last of these
dates. A procuring agency or person that, after the last of these
dates, sells lubricating oil that does not meet the standards of
Section 42359.1 shall maintain records for review by the department
to verify that the lubricating oil sold was in legal possession of
the seller before those dates.
42359.4. 42359.6. The department,
through the use of social media, shall inform local agencies and
individuals of the benefits of biosynthetic lubricating oils and
encourage the use of biosynthetic lubricants for their fleets or
vehicles.