Pub. 5 2016-2017 Issue 3

Issue 1. 2017 29 For after-hours drop-offs, document the date and time the vehicle is first observed on premises and the effort made to contact the tow truck company. We have provided a form (attached) that the dealership can use to document the tow company drop-offs. NEW BATTERY FEE EFFECTIVE APRIL 1, 2017 – NEW RULE BACKGROUND: For 35 years, a Southeast LA County recycling plant had been recycling lead-acid batteries. While recycling is a noble task, this plant spewed out lead and arsenic fumes and polluted nearly 10,000 homes in the neighborhood. People fell sick and complained to their elected officials. Elected officials dedicated $7 million to test the homes and in 2016, voted to provide another $176.6 million for the cleanup. Elected officials then wrote AB 2153 that imposed a fee on every battery sold in California beginning April 1, 2017. BATTERY FEE: The CA Battery Fee will start at $1.00 and increase to $2.00 on April 1, 2022. Dealers must achieve compliance as follows: • Collect $1.00 from every customer for each battery purchase and post as a separate line item on the invoice as“California Battery Fee”. • Collect fee for batteries sold only. There is no charge for warranty batteries or replaced batteries under a service contract. • Register with the State BOE and remit fees to the state after com- pleting appropriate forms. DEPOSIT FOR CORE: The statute clarifies some procedural issues related to core credit. Dealers can charge $15-20, as is the norm for core credit, if the core is not provided at the time of battery purchase (at the front counter). Parts Department must follow procedures as follows: • Customer must bring the core to the dealer within 45 days of the new battery purchase to claim the deposit paid at the time of the battery purchase. • The refundable core deposit and battery purchasemust be indicated on the invoice as a separate line item and not included with any other fees or charges. • After 45 days, if no core is returned, the dealer can keep the core credit minus the sales tax remitted. STATUTORY NOTICE REQUIREMENT: A written notice is to be included for batteries sold OR included on the invoice as follows: • This dealer is required by law to charge a nonrefundable $1 California Battery Fee and a refundable deposit for each lead-acid battery pur- chased. A credit of the same amount as the refundable deposit will be issued if a used lead-acid battery is returned at the time of purchase or up to 45 days later along with this dealer’s receipt. Note: Dealerships must not accept more than six lead-acid batteries from a customer per day. PROGRAM YOU’RE COMPUTERS: Dealerships must program their computers to start the charge on April 1, 2017. For ease of remit- ting fees to the state in a timely manner, create a separate account for California Battery Fee. Ref.: CA AB 2153 https://leginfo.legislature.ca.gov/faces/billNavClient. xhtml?bill_id=201520160AB2153 SMOKING IN THE WORKPLACE – NEW RULE BACKGROUND: Back in 1995, California adopted a“No Smoking”law. The law then stated that“No employer shall knowingly or intentionally permit, and no person shall engage in, the smoking of Tobacco products in an enclosed space at a place of employment.” See California Labor Code Section 6404.5(b). The law also had statutory penalties associated with non-compliance. In 1995, the concept of vaping was non-existent. The new law of 2017 addresses the issue of vaping and defines the areas of the workplace, in which the smoking ban now applies. SMOKING REGULATIONS: The new law, enacted on January 1, 2017, clarifies and expands on the definition of an enclosed space. The enclosed space being covered by the ban includes“covered parking lots, lobbies, lounges, waiting areas, elevators, stairwells, and restrooms that are a structural part of the building.” The statute clarifies that tobacco use includes electronic cigarettes. Fines are up to $100 for the first violation and $200 for the second violation within one year, and $500 for the third violation. NOTICES: Where smoking is prohibited throughout the building or structure, a sign stating “No Smoking” shall be posted at each entrance to the building of structure. Where smoking is permitted in designated areas, a sign stating “Smoking is prohibited except in designated areas” shall be posted at each entrance to the building or structure. FIRE HAZARD: California law prohibits all open flame and sparks (including smoking) within 20 feet of flammable vapors (brake cleaner, gasoline, etc.). See Title 8 CCR Section 5449. BAN SMOKING& VAPING: Dealerships must ban smoking (vaping as well) as listed in the statute and post notices as required under AB 7. The designated areas for smoking may be created at the back of the building so as to create a positive image for the company. A dealership in Cerritos wishes to go completely smoke-free! Let’s see how that experiment goes. Ref.: AB 7 https://leginfo.legislature.ca.gov/faces/billNavClient. xhtml?bill_id=201520162AB7 DISCLAIMER: The contents of this newsletter are merely for infor- mational purposes only and are not to be considered as legal advice. Employers must consult their lawyer for legal matters and safety con- sultants for matters related to safety. The article was authored by Sam Celly of Celly Services, Inc. who has been helping automobile dealers comply with EPA and OSHA regulations since 1987. Sam received his BE (1984) and MS (1986) in Chemical Engineering, followed by a J.D. from Southwestern University School of Law (1997). Our newsletters can be accessed at www.epaoshablog.com . Your comments/questions are always welcome. Please send them to sam@cellyservices.com. Dealers fumed at this regulation, especially when tow truck drivers delivered vehicles after hours, which made obtaining information from the company a headache.