Used Oil Management Act Amendments

17
19-6-701
19-6-714
19-6-715
19-6-717
19-6-720
19-6-701
19-6-714
19-6-715
19-6-717
19-6-720
0
Used Oil Management Act Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Scott H. Chew
Senate Sponsor: Keven J. Stratton
LONG TITLE
General Description:
This bill makes changes to the Used Oil Management Act.
Highlighted Provisions:
This bill:
increases the recycling fee on the sale of lubricating oil beginning on July 1, 2026;
grants rulemaking authority to the Division of Waste Management and Radiation Control
(division) to set the recycling fee on the sale of lubricating oil beginning on July 1, 2027;
requires the division to notify the State Tax Commission of a fee change 90 days before
the fee change goes into effect;
clarifies that the division may use grant funding to hire permitted transporters as part of a
curbside used oil collection program; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
19-6-714
, as last amended by Laws of Utah 2011, Chapter 297
19-6-715
, as last amended by Laws of Utah 2020, Chapter 354
19-6-717
, as last amended by Laws of Utah 2012, Chapter 360
19-6-720
, as enacted by Laws of Utah 1993, Chapter 283
REPEALS:
19-6-701
, as enacted by Laws of Utah 1993, Chapter 283
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
19-6-714
is amended to read:
19-6-714
. Recycling fee on sale of oil.
(1)
(a)
On and after
Beginning on
October 1, 1993,
and ending on June 30, 2026,
a
recycling fee of
$.04 per quart or $.16 per
4 cents per quart or 16 cents per
gallon is
imposed upon the first sale in Utah by a lubricating oil vendor of lubricating oil.
(b)
Beginning on July 1, 2026, and ending on June 30, 2027, a recycling fee of 8 cents
per quart or 32 cents per gallon is imposed upon the first sale of lubricating oil in
Utah by a lubricating oil vendor.
(c)
Beginning on July 1, 2027, the division shall establish a fee upon the first sale of
lubricating oil in Utah by a lubricating oil vendor, in accordance with Title 63J,
Chapter 1, Budgetary Procedures Act.
(d)
A fee change described in Subsection
(1)(c)
is effective:
(i)
on the first day of a calendar quarter; and
(ii)
no sooner than 90 days after the day on which the division notifies the
commission of the fee change.
(2)
The
A
lubricating oil vendor shall collect the fee
described in Subsection
(1)

at the
time the lubricating oil is sold.
(2)
(3)
A fee under this section may not be collected on sales of lubricating oil:
(a)
shipped outside the state;
(b)
purchased in five-gallon or smaller containers and used solely in underground
mining operations; or
(c)
in bulk containers of 55 gallons or more.
(3)
(4)
This fee
A fee under this section
is in addition to all other state, county, or
municipal fees and taxes imposed on the sale of lubricating oil.
(4)
(5)
The exemptions from sales and use tax provided in Section
59-12-104
do not apply
to this part.
(5)
(6)
The commission may make rules to implement and enforce the provisions of this
section.
Section 2. Section
19-6-715
is amended to read:
19-6-715
. Recycling fee collection procedures.
(1)
A lubricating oil vendor shall pay the fee collected under Section
19-6-714
to the
commission:
(a)
monthly on or before the last day of the month immediately following the last day of
the previous month if:
(i)
the lubricating oil vendor is required to file a sales and use tax return with the
commission monthly under Section
59-12-108
; or
(ii)
the lubricating oil vendor is not required to file a sales and use tax return under
Title 59, Chapter 12, Sales and Use Tax Act
; or
(b)
quarterly on or before the last day of the month immediately following the last day of
the previous quarter if the lubricating oil vendor is required to file a sales and use tax
return with the commission quarterly under Section
59-12-107
.
(2)
A lubricating oil vendor may retain
a maximum of
no more than
2% of the recycling
fee
it
the lubricating oil vendor
collects under Section
19-6-714
for the costs of
collecting the fee.
(3)
The payment of the fee to the commission shall be accompanied by a form provided by
the commission.
Section 3. Section
19-6-717
is amended to read:
19-6-717
. Used oil collection incentive payment.
(1)
(a)
The division shall pay a recycling incentive to registered DIYer used oil collection
centers and curbside collection programs approved by the director for each gallon of
used oil
:

(i)
collected from DIYer used oil generators
on and after July 1, 1994,
;
and
(ii)
transported by a permitted used oil transporter to a permitted used oil processor,
rerefiner, burner, or to another disposal method authorized by board rule.
(b)
Payment of the incentive is subject to Section
19-6-720
regarding priorities.
(2)
The board shall by rule establish the amount of the payment, which shall be
$.16
16
cents
per gallon unless the board determines the incentive should be:
(a)
reduced to ensure adequate funds to meet priorities set in Section
19-6-720
and to
reimburse all qualified operations under this section; or
(b)
increased to promote collection of used oil under this part and the funds are available
in the account created under Section
19-6-719
after meeting the priorities set in
Section
19-6-720
.
Section 4. Section
19-6-720
is amended to read:
19-6-720
. Grants and donations -- Support for programs -- Priorities.
(1)
The division may solicit or request and receive gifts, grants, donations, and other
assistance from any source. Funds or resources received shall be deposited in the
account created in Section
19-6-719
and shall be appropriated to the division for the
management of DIYer used oil under this part subject to priorities set in Subsection
(2)
.
(2)
Appropriations received by the division shall be expended, as available, for the
management of DIYer used oil under this part in the following order of priority:
(a)
first, division and board costs of implementation;
(b)
second, recycling incentive payments under Section
19-6-717
;
(c)
third, public education programs;
(d)
fourth, awarding grants as funds are available for the establishment of the following,
with emphasis on providing used oil collection facilities and programs in rural areas:
(i)
used oil collection centers; and
(ii)
curbside used oil collection programs, including costs of retrofitting trucks,
curbside containers,
hiring permitted transporters described in Subsection
19-6-710(2)
,
and other costs of curbside collection programs; and
(e)
fifth, provide funding to local health departments for enforcement of the
management of DIYer used oil under this part in coordination with the board.
(3)
In awarding grants under Subsection
(2)(d)
, the board shall work with governmental
entities in areas of the state where used oil collection centers are limited or do not exist,
or where public access to the centers is limited, to promote the establishment of DIYer
used oil collection centers.
Section 5.
Repealer.
Short title.
Section 6.
Effective Date.
This bill takes effect on
May 6, 2026
.
3-4-26 3:20 PM