BILL NUMBER: SB 346 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 2, 2009
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 amended, Kehoe. Hazardous materials: motor vehicle
brake friction materials.
Existing
(1) 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
department , 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 department to conduct a
baseline survey, on or before January 1, 2013, of the concentration
levels of nickel, zinc, copper, and antimony in motor
vehicle brake friction materials. The bill would require the
department, commencing on January 1, 2013, and at least
every 3 years thereafter, to monitor the concentration levels of
those constituents nickel, zinc, and antimony
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 ask
the State Water Resources Control Board or the Office of
Environmental Health Hazard Assessment, as specified, to determine
whether there is a need for controlling the use of the relevant
constituent in brake friction material . If the department
determines that there is a demonstrated need for controlling the use
of the studied constituents in brake pads, the bill would require
the department to prioritize the presence of those constituents in
brake friction materials for regulation, as specified. The bill also
would require the department to monitor copper.
This
The bill would , commencing on
January 1, 2014, would 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 on January 1,
2023 2021 , would restrict
the concentration of copper in motor vehicle brake friction materials
sold in California, as specified. The bill , commencing on
January 1, 2014, 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 department 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 on
January 1, 2011, to impose a fee of $1 on each new axle brake
set sold in the state, whether fitted to a new vehicle or solid
separately, and would authorize the department, commencing
on January 1, 2015, and after consulting interested parties,
to establish a adjust the fee
on each new axle brake set sold in this state at to
a level sufficient to fully implement these provisions.
The bill would require the fee to be used to cover specified costs
related to copper and other constituents in brake friction materials.
The
(2) 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.
(d) Limits on the harmful constituents in brake friction materials
are necessary to protect and enhance California's environment.
(e) Limits on the copper content of brake friction materials are
necessary for compliance with copper water quality standards and
successful implementation of copper total maximum daily loads in
California's urban watersheds.
(f) Changes in the composition of brake friction materials made to
protect and enhance California's environment should meet all
applicable safety standards.
(e)
(g) Manufacturers of brake friction materials
shall should 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 definitions 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 "vehicle" is
defined in Section 415 670 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
25250.52. (a) On and after
January 1, 2021, any motor vehicle brake friction materials
exceeding 5 percent copper by weight shall not be sold in this state.
(c)
(b) 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.
(c) Manufacturers of vehicles and vehicle brake friction materials
shall monitor and provide two reports to the department on the
reduction of the concentration level of copper in motor vehicle brake
friction materials. The first report shall be due on or before
January 1, 2016, and the second report shall be due on or before
January 1, 2018.
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
, copper , and antimony in motor vehicle brake friction
materials. Commencing on 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.
(b) In the monitoring required by subdivision (a), the department
also shall monitor copper.
(c) If monitoring results for zinc show that concentration levels
have increased by more than 50 percent above the baseline levels, the
department shall ask the board to use published data from scientific
literature to estimate the relative contribution of zinc from brake
friction materials to the total quantity of zinc in urban runoff. On
the basis of this estimate, the board shall determine whether there
is a need for controlling the use of zinc in brake friction material.
(d) If monitoring results for nickel show that concentration
levels have increased by more than 50 percent above the baseline
levels, the department shall ask the board to use published data from
scientific literature to estimate the relative contribution of
nickel from brake friction materials to the total quantity of nickel
in urban runoff. On the basis of this estimate, the list adopted as
required by Section 303(d) of the federal Clean Water Act (33 U.S.C.
Sec. 1313(d)), and available water quality monitoring data, the board
shall determine whether there is a need for controlling the use of
nickel in brake friction material.
(e) If monitoring results for antimony show that concentration
levels have increased by more than 50 percent above the baseline
levels, the department shall ask the Office of Environmental Health
Hazard Assessment to review scientific literature to determine
whether there is a need for controlling the use of antimony in brake
friction material.
(f) All studies and surveys conducted by the department under this
section shall be subject to public review and comment.
(g) If the department determines that the scientific studies
demonstrate the need for controlling the use of the studied
constituents in brake pads, the department shall prioritize the
presence of the studied constituents in brake friction materials for
regulation pursuant to Section 25252.
(h) Vehicle brake manufacturers shall follow an alternative
evaluation process, for the studied constituents in brake pads,
adopted by the department pursuant to Section 25253.
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.
(c) Brakes designed 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 on 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 Section 25250.54
from a third party 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.
(b) Commencing on January 1, 2021, and until December 31, 2031,
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
subdivision (a) of Section 25250.52 and Section 25250.54 from a
third-party testing agency. Proof of certification shall be marked on
the friction materials.
(c) Commencing on January 1, 2032, all manufacturers of friction
materials used in brakes on new motor vehicles, or as replacement
parts, that are sold in this state shall obtain certification of
compliance with the requirements of subdivision (b) of Section
25250.52 and Section 25250.54 from a third-party testing agency.
Proof of certification shall be marked on the friction materials.
(d) Manufacturers of friction materials used for brakes on new
motor vehicles, or as replacement parts, may obtain certification of
compliance with the requirements of subdivision (a) or (b) of Section
25250.52 or Section 25250.54 at any time.
(e) The department, in consultation with all interested parties,
and on or before January 1, 2011, shall develop all certification and
marking criteria required pursuant to this section.
(c)
(f) Commencing on January 1, 2014,
vehicle manufacturers and 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 A violation of
this article, including , but not limited to, the
falsification of third party third-party
certification, by vehicle manufacturers, 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
25250.64. (a) Commencing on
January 1, 2011, the department shall impose a fee of one dollar ($1)
on each new axle brake set sold in the state, whether fitted to a
new vehicle or sold separately.
(b) Commencing on January 1, 2015, and
after consulting interested parties, the department may adjust the
fee on each new axle brake set sold in this state, whether
fitted to a new vehicle or sold separately, at
to a level sufficient to fully implement this article.
The fee shall be assessed commencing on and after January 1,
2011.
(b) The fee may shall only 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) Funds for outreach may be allocated by the department to trade
associations associated with the manufacture and sale of brake
friction materials for purposes of outreach to, and education of,
their memberships.
(d)
(e) 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.
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