BILL NUMBER: SB 346 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Kehoe
FEBRUARY 25, 2009
An act to add Article 13.5 (commencing with Section 25250.50) to
Chapter 6.5 of Division 20 of the Health and Safety Code, relating to
hazardous materials.
LEGISLATIVE COUNSEL'S DIGEST
SB 346, as introduced, Kehoe. Hazardous materials: motor vehicle
brake friction materials.
Existing law establishes the Department of Toxic Substances
Control, in the California Environmental Protection Agency, with
powers and duties regarding the management of hazardous waste.
Existing law, administered by the Department of Toxic Substances
Control, prohibits the management of hazardous waste except in
accordance with the hazardous waste control laws, including laws
governing the removal of any mercury-containing vehicle light switch
from a vehicle, and the regulations adopted by the department. A
violation of the hazardous waste control laws is a crime.
This bill would require the Department of Toxic Substances Control
to conduct a baseline survey, on or before January 1, 2013, of the
concentration levels of nickel, zinc, and antimony in motor vehicle
brake friction materials. The bill would require the department,
commencing January 1, 2013, and at least every 3 years thereafter, to
monitor the concentration levels of those constituents in motor
vehicle brake friction materials to ensure that those levels do not
increase by more than 50% above the baseline levels established
through the baseline survey. In that case, the bill would require the
department to complete scientific studies to evaluate the need to
establish a maximum concentration of any or all of these constituents
in brake friction materials, and would authorize the department to
establish a maximum allowable concentration for those constituents,
as specified.
This bill would, commencing January 1, 2014, prohibit the sale of
any motor vehicle brake friction materials containing specified
constituents, including, but not limited to, cadmium, lead, and
mercury, in amounts that exceed certain concentrations. The bill
would, commencing January 1, 2023, restrict the concentration of
copper in motor vehicle brake friction materials sold in California,
as specified. The bill would require all manufacturers of friction
materials used in brakes on new motor vehicles, or as replacement
parts, that are sold in this state to obtain a certification of
compliance with these requirements from a 3rd party testing agency,
and to mark proof of certification on the friction materials. Any
violation of the certification requirements would be subject to
remedies and penalties provided for acts of unfair competition. The
bill would require the Department of Toxic Substances Control to
enforce these provisions, and would require the department to remove
from sale any brake friction materials determined to be not in
compliance. A violation of these provisions would be subject to a
civil fine of up to $10,000 per violation. Because a violation of
these provisions would also be a crime pursuant to the hazardous
waste control laws, the bill would impose a state-mandated local
program.
The bill would require the department, commencing January 1, 2011,
and after consulting interested parties, to establish a fee on each
new axle brake set sold in this state at a level sufficient to fully
implement these provisions.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) Friction materials are an essential component of motor vehicle
brake systems and of critical importance to transportation safety
and the public safety in general.
(b) Debris from friction materials are generated and released to
the surrounding environment in the course of normal brake system
operation.
(c) Brake friction materials on motor vehicles are known to
contain constituents, including copper, that have been proven to be
harmful when found in significant quantities in the environment, and
are regulated as part of a system of laws and regulations intended to
prevent pollution and preserve the environment.
(d) Consistent with the critical role brake systems play in
transportation safety, limits on those harmful constituents are
necessary to protect and enhance California's environment.
(e) Manufacturers of brake friction materials shall use due
diligence to ensure that formulations that replace copper in brake
friction materials are less harmful to public health and the
environment.
SEC. 2. Article 13.5 (commencing with Section 25250.50) is added
to Chapter 6.5 of Division 20 of the Health and Safety Code, to read:
Article 13.5. Motor Vehicle Brake Friction Materials
25250.50. For purposes of this article the following definition
apply:
(a) "Board" means the State Water Resources Control Board.
(b) "Department" means the Department of Toxic Substances Control.
(c) "Motor Vehicle" has the same meaning as defined in Section 415
of the Vehicle Code.
(d) "Testing agency" means an agency approved by the department as
qualified and equipped for the testing of products, materials,
equipment, and installations in accordance with nationally recognized
standards.
25250.52. (a) On and after January 1, 2018, any newly
reengineered motor vehicle models fitted with brake pads containing
friction materials that exceed 5 percent copper by weight shall not
be sold in this state.
(b) On and after January 1, 2023, any motor vehicle brake friction
materials exceeding 5 percent copper by weight shall not be sold in
this state.
(c) On and after January 1, 2032, any motor vehicle brake friction
materials exceeding 0.5 percent copper by weight shall not be sold
in this state.
25250.54. On and after January 1, 2014, any motor vehicle brake
friction materials containing any of the following constituents in an
amount that exceeds the following concentrations shall not be sold
in this state:
(a) Cadmium and its compounds: 0.01 percent by weight.
(b) Chromium(VI)-salts: 0.1 percent by weight.
(c) Lead and its compounds: 0.1 percent by weight.
(d) Mercury and its compounds: 0.1 percent by weight.
(e) Asbestiform fibers: 0.1 percent by weight.
25250.56. (a) On or before January 1, 2013, the department shall
conduct a baseline survey of the concentration levels of nickel,
zinc, and antimony in motor vehicle brake friction materials.
Commencing January 1, 2013, and at least every three years
thereafter, the department shall monitor the following constituents
to ensure that concentration levels of those constituents in motor
vehicle brake friction materials do not increase by more than 50
percent above the baseline levels established through the baseline
survey.
(1) Nickel and its compounds.
(2) Zinc and its compounds.
(3) Antimony and its compounds.
(b) If monitoring results show that concentration levels have
increased by more than 50 percent above the baseline levels, the
department shall complete scientific studies to evaluate the need to
establish a maximum concentration of any or all of these constituents
in brake friction materials. All studies and surveys conducted by
the department shall be subject to public review and comment.
(c) If the department determines that the scientific studies
demonstrate the need for controlling the use of the studied
constituent in brake pads, the department shall establish a maximum
allowable concentration for that constituent, by regulation adopted
pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code.
25250.58. The following motor vehicle classes and brakes are
exempt from this article:
(a) Military combat vehicles.
(b) Vehicles employing internal closed oil immersed brakes, or a
similar brake system that is fully contained and emits no copper,
other debris, or fluids under normal operating conditions.
(c) Totally sealed brakes used for the primary purpose of holding
the vehicle stationary, and not designed to be used while the vehicle
is in motion.
25250.60. (a) Commencing January 1, 2014, all manufacturers of
friction materials used in brakes on new motor vehicles, or as
replacement parts, that are sold in this state shall obtain a
certification of compliance with the requirements of Sections
25250.52 and 25250.54 from a third party testing agency. Proof of
certification shall be marked on the friction materials.
(b) Any violation of subdivision (a) is an act of unfair
competition subject to all remedies and penalties provided by Chapter
5 (commencing with Section 17200) of Part 2 of Division 7 of the
Business and Professions Code.
(c) Commencing January 1, 2014, retailers of friction materials
shall ensure that only brakes certified for sale in this state are
offered for sale in this state.
25250.62. (a) Any violation of this article, including the
falsification of third party certification, by brake pad
manufacturers, distributors, or retailers, shall be subject to a
civil fine of up to ten thousand dollars ($10,000) per violation.
(b) The department shall enforce this article. The department
shall remove from sale in this state any brake friction materials
determined to be not in compliance with this article.
25250.64. (a) After consulting interested parties, the department
shall establish a fee on each new axle brake set sold in this state,
whether fitted to a new vehicle or sold separately, at a level
sufficient to fully implement this article. The fee shall be assessed
commencing on and after January 1, 2011.
(b) The fee may be used to cover costs for outreach,
administration, fee collection, enforcement, monitoring, mitigation,
and control measures related to copper and other constituents in
brake friction materials.
(c) Not more than 5 percent of the fees collected pursuant to this
section shall be used to offset accounting costs incurred by
retailers for fee collection.
(d) The department shall consult with the board prior to
allocating funds to, or implementing any provisions of this article
relating to, motor vehicle brake friction materials constituent
monitoring, mitigation, or control measures.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.