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AB-1201 Stormwater pollution: used oil recycling fund.(2001-2002)



Current Version: 09/20/01 - Chaptered

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AB1201:v91#DOCUMENT

Assembly Bill No. 1201
CHAPTER 317

An act to amend Sections 48600 and 48632 of, and to add Sections 48618.4, 48620.5, and 48645 to, the Public Resources Code, relating to stormwater runoff, and making an appropriation therefor.

[ Filed with Secretary of State  September 20, 2001. Approved by Governor  September 19, 2001. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 1201, Pavley. Stormwater pollution: used oil recycling fund.
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 the costs of administration of the California Oil Recycling Enhancement Act, inspections and reports required by the act, contracting for certain enforcement and investigation purposes, hazardous materials contamination disposal costs, and other designated uses, including grants and loans to local governments and nonprofit entities for specified activities or projects relating to used oil collection.
This bill would additionally continuously appropriate the money in the fund to the California Integrated Waste Management Board to issue grants or loans to local governments or nonprofit entities to pay for education and mitigation projects relating to stormwater pollution, as defined, from oil and oil byproducts. The bill would prohibit a local government from receiving a grant or loan for these purposes unless the local government certifies that it has a stormwater management program approved by the appropriate California regional water quality control board and the project is consistent with that program.
The bill would specify that final approval of applicant and project eligibility standards, scoring and evaluation processes, and awarding of loans or grants under the act shall be made in a public meeting of, and pursuant to a vote of, the board.
Appropriation: YES  

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


SECTION 1.

 Section 48600 of the Public Resources Code is amended to read:

48600.
 The Legislature finds and declares the following:
(a) The problem posed by used oil disposal requires a comprehensive, statewide response, including, but not limited to, eliminating illegal disposal, reducing landfill disposal of used oil, reducing pollution from stormwater runoff, recycling of used oil into new uses, and the promotion of secondary markets for recycled oil products.
(b) That the improper or illegal disposal of used oil, often mixed with other solid waste, is a potential source of stormwater pollution and that environmental education and mitigation efforts regarding proper management of used oil and oil byproducts is within the purposes of this chapter.
(c) California currently generates about 161 million gallons of used lubricating and industrial oil each year, and only about 50 percent of that oil is recycled.
(d) The scarcity of used oil collection centers and programs, and the charges imposed on consumers for recycling used oil, create economic disincentives for recycling that could be addressed through a recycling incentive program.
(e) Used oil represents a valuable state resource that should be reclaimed and recycled whenever possible. An abundance of used oil recycling alternatives exist that have been demonstrated to be environmentally safe. These alternatives need to be promoted in order to achieve the maximum use of used oil and prevent damage to the environment.
(f) It is the intent of the Legislature to reduce the illegal disposal of used oil and recycle and reclaim used oil to the greatest extent possible in order to recover valuable natural resources and to avoid damage to the environment and threats to public health.

SEC. 2.

 Section 48618.4 is added to the Public Resources Code, to read:

48618.4.
 “Mitigation” is the prevention of stormwater pollution from used oil and oil byproducts and the reduction or alleviation of the effect of stormwater pollution from used oil and oil byproducts by means of action taken on public property. Mitigation includes the installation of devices and implementation of practices that prevent used oil and oil byproducts from causing stormwater pollution. Mitigation does not include the cleanup or restoration of polluted areas.

SEC. 3.

 Section 48620.5 is added to the Public Resources Code, to read:

48620.5.
 “Stormwater pollution” for purposes of mitigation does not include runoff at a specific facility even if there is no point source at the facility. This pollution is from used oil and oil byproducts, often mixed with other solid waste, and is typically dispersed by urban stormwater and marina or boating activities, or both.

SEC. 4.

 Section 48632 of the Public Resources Code is amended to read:

48632.
 The board may issue grants or loans pursuant to subdivision (b) of Section 48631 for only the following purposes:
(a) To local governments for providing opportunities for used lubricating oil collection, which are in addition to those included in the local used oil collection programs adopted pursuant to Article 10 (commencing with Section 48690). Grants or loans under this subdivision may also be for those purposes identified in subdivision (d).
(b) To nonprofit entities for projects, which may include one or more of the following programs or activities:
(1) Establishing used lubricating oil collection centers.
(2) Providing containers and other materials and supplies that the public can utilize in an environmentally sound manner to store used lubricating oil for pickup or return to a used oil collection center.
(3) Obtaining equipment and establishing procedures to comply with federal, state, and local law regarding the collection, handling, and storage of used oil.
(4) For the purposes identified in subdivision (d).
(c) For either or both of the following purposes:
(1) Research, testing, and demonstration projects for collection technologies and to develop uses for products resulting from the recycling of used oil.
(2) The purposes identified in subdivision (d).
(d) (1) For education and mitigation projects relating to stormwater pollution from used oil and oil byproducts, including, but not limited to, use of storm drain inlet filter devices.
(2) A local government shall not receive a grant or loan pursuant to this section for any purpose identified in paragraph (1) unless the local government certifies that it has a stormwater management program that is approved by the appropriate California regional water quality control board and that the project approved for funding under paragraph (1) is consistent with that approved stormwater management program.

SEC. 5.

 Section 48645 is added to the Public Resources Code, to read:

48645.
 Final approval of applicant and project eligibility standards, scoring and evaluation processes, and awarding of loans or grants under this chapter shall be made in a public meeting of, and pursuant to a vote of, the board.