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AB-560 Local used oil collection programs: storm water runoff pollution.(2001-2002)

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AB560:v92#DOCUMENT

Assembly Bill No. 560
CHAPTER 500

An act to amend Sections 48690 and 48691 of the Public Resources Code, relating to used oil, and making an appropriation therefor.

[ Filed with Secretary of State  October 04, 2001. Approved by Governor  October 04, 2001. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 560, Jackson. Local used oil collection programs: storm water runoff pollution.
Under existing law, certain fees imposed on lubricating oil sold or transferred into this state are deposited in the California Used Oil Recycling Fund. Existing law continuously appropriates the money in the fund for specified purposes and authorizes the money in the fund to be used for, among other things, block grants issued by the California Integrated Waste Management Board to local governments that implement used oil collection programs that include specified elements, including providing for the collection of used oil and providing a public education program.
This bill would additionally authorize a local government that has implemented the used oil collection and education elements of a local used oil collection program to also include, in the program, provisions for the mitigation and the collection of oil and oil byproducts, including other solid waste that may be mixed with oil or oil byproducts, from storm water runoff, through the use of specified devices. The bill would prohibit a local government from receiving a block grant for this purpose unless the local government certifies that it has a storm water management program approved by the appropriate California regional water quality control board and those provisions in the used oil collection program are consistent with that storm water management program. Because the bill would allow funds that are continuously appropriated to the board to be used for a new purpose, the bill would make an appropriation.
Appropriation: YES  

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


SECTION 1.

 The Legislature finds and declares as follows:
(a) The Watershed Protection Program, the Nonpoint Source Pollution Control Program, and the Coastal Nonpoint Source Control Program were recently established to provide funding for the protection and restoration of beneficial uses of waters of the state.
(b) Local agencies are interested in addressing water pollution problems associated with storm water runoff, including removal of oil and oil byproducts, solid waste, sediment, debris and hydrocarbons, through the acquisition, installation, and maintenance of storm drain inlet filters.

SEC. 2.

 Section 48690 of the Public Resources Code is amended to read:

48690.
 A local government is eligible for a block grant pursuant to paragraph (3) of subdivision (a) of Section 48653, if it develops and submits a local used oil collection program to the board pursuant to Section 48691 and files a report pursuant to Section 48674. The board shall make a grant to every local government that submits a program and files a report unless the board finds that the program or its implementation does not comply with criteria contained in this article. The board may make a block grant to another entity that will implement the program of a local government in lieu of making a block grant to that local government with the concurrence of that local government.

SEC. 3.

 Section 48691 of the Public Resources Code is amended to read:

48691.
 (a) A local used oil collection program shall provide for used lubricating oil collection by either of the following or a combination of the two:
(1) Ensuring that at least one certified used oil collection center is available for every 100,000 residents not served by curbside used oil collection, which accepts oil from the public at no charge, at least 20 hours each week, on four days each week, of which three hours each week are outside the weekday hours of 8 a.m. through 5:30 p.m.
(2) Providing used oil curbside collection at least once a month.
(b) A local used oil collection program shall include a public education program which shall inform the public of locally available used oil recycling opportunities.
(c) A local government may implement its used oil collection program in conjunction with other similar programs in order to improve used oil recycling efficiency.
(d) (1) A local government that has implemented the used oil collection and education elements of subdivisions (a) and (b) may also include, in the local used oil collection program, provisions for the mitigation and the collection of oil and oil byproducts, including other solid waste that may be mixed with oil or oil byproducts from storm water runoff, including devices to capture that storm water runoff, such as the use of storm drain inlet filter devices.
(2) A local government shall not receive a block grant pursuant to Section 48690 for the purposes identified pursuant to paragraph (1) unless the local government certifies that it has a storm water management program that is approved by the appropriate California regional water quality control board and that the provisions in the local used oil collection program approved for funding under paragraph (1) are consistent with that approved storm water management program.