California Guidelines For The Use Of
Re-Refined Automotive Lubricants
In Accordance With EXCERPT 2067
Introduction By Assembly Member Cunneen
February 18, 1998

[ State Requirements ] [ Automotive Lubricants ] [ Re-Refined Motor Oil ]

     Existing law declares that it is state policy to conserve and protect resources using recycled resources.
     This bill would require all state agencies to purchase re-refined automotive lubricant, recycled antifreeze, recycled solvent , and recycled paint, as defined. The purchase of the listed materials would be required only when they are available, of a fitness and quality equal to their non-recycled counterparts, as defined, and at the same or lower cost of the non-recycled products. The bill would repeal these provisions January 1, 2001.
     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.

Article 2.1. Recycled Fluid, Paint and Solvent
12170. (a) Fitness and quality being equal, all state agencies shall purchase the following recycled products, instead of non-recycled products, whenever the recycled products are available at the same cost, or at lower cost, than the total costs of the non-recycled products:

(1) Re-refined automotive lubricants, including, but not limited to, re-refined motor oil, crankcase oil, engine oil, transmission fluid and power steering fluid, for all state vehicles, including, but not limited to, all fleet cars, trucks and buses.
(2) Recycled antifreeze fluid.
(3) Recycled solvent.
(4) Recycled paint
(b) For the purpose of this section, the following definitions shall apply:

(1) "Available" means providing comparable delivery services and packaging specifications as the agency requires from all suppliers of that product. The agency shall not establish specifications that unnecessarily prevent the use of recycled products.
(2) "Fitness and quality" means all specifications required of the product for its specific use, including those required of a manufacturer's warranty, are met. Procuring agencies may set special standards for motor oil used in engines that operate under extreme conditions, including law enforcement vehicles that run at excessive speeds or for long periods of operation.
(3) "Recycled antifreeze fluid" and "recycled solvents' means having a recycled content of at least 70 percent recycled materials.
(4) (A) "Recycled paint" means having a recycled content consisting of at least 50 percent postconsumer paint. Preconsumer or secondary paint does not qualify as "recycled paint" pursuant to this subparagraph.
(B) If paint containing 50 percent postconsumer content is unavailable, a state agency may substitute paint with the maximum amount of postconsumer content, but not less than 10 percent postconsumer content.

(5) "Re-refined motor oil" means having a base oil content consisting of at least 70 percent re-refined oil.
12171. This article shall remain in effect only until January 1, 2001, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2001, deletes or extends that date.

Sec. 12. Section 48620 of the Public Resources Code is amended to read:
48620. "Recycled oil" means recycled oil, as defined in Section 25250.1 of the Health and Safety Code.

Sec. 13. Section 71061 of the Public Resources Code is amended to read:
71061. The secondary shall establish a standardized electronic format and protocol for the exchange of electronic data for the purpose of meeting environmental data reporting or other usage requirements that are imposed pursuant to all of the following laws and regulations adopted pursuant to those laws:

(a) Chapter 6.5 (commencing with Section 25100), including, but not limited to, Article 6 (commencing with Section 25160), Chapter 6.7 (commencing with Section 25280), and Chapter 6.95 (commencing with section 25500) of Division 20 of the Health and Safety Code.

(b) Article 1 (commencing with Section 42300) of Chapter 4 of Part 4 of Division 26 of the Health and Safety Code.

(c) Division 7 (commencing with Section 13000) of the Water Code.

(d) The Solid Waste Disposal Act (42 U.S.C. Sec. 6901 et seq.).

(e) The Emergency Planning and Community Right-to-know Act (42 U.S.C. Sec. 11001 et seq.).

(f) Any other law relating to environmental protection, including, but not limited to, hazardous waste, substances, and materials, as determined by the secretary.

Sec 14. (a) On or before June 30, 1999, the Bureau of State Audits, as established by Section 8543 of the Government Code, in consultation with, and with the cooperation of, the Department of Toxic Substances Control, the California Certified Unified Program.

[ Presidential Order ] [ California Mandate ] [ Indiana Executive Order ]

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