BILL NUMBER: SB 346 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 21, 2010
AMENDED IN ASSEMBLY JUNE 7, 2010
AMENDED IN ASSEMBLY JUNE 24, 2009
AMENDED IN SENATE JUNE 1, 2009
AMENDED IN SENATE MAY 20, 2009
AMENDED IN SENATE APRIL 23, 2009
AMENDED IN SENATE APRIL 2, 2009
INTRODUCED BY Senators Kehoe and Simitian
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.
(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, 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.
The bill, commencing on January 1, 2014, would prohibit the sale
of any motor vehicle brake friction materials containing specified
constituents in amounts that exceed certain concentrations. The bill,
commencing on January 1, 2025, would prohibit motor vehicle brake
friction materials exceeding 0.5% copper by weight from being sold in
California. The bill, commencing on January 1, 2014, would require
all manufacturers of motor vehicle brake friction materials that are
sold in this state to obtain a certification of compliance with these
requirements from a 3rd-party testing certification agency, and to
mark proof of certification on the friction materials. The bill would
require a manufacturer of brake friction materials to file a copy of
the 3rd-party certification with the department and to pay a
reasonable filing fee. 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.
(2) Existing law requires the department to adopt regulations to
establish a process to identify and prioritize chemicals of concern
in consumer products. As part of this process, the department is
required to adopt regulations for the evaluation of chemicals of
concern in consumer products, including a process for evaluating
alternatives.
This bill would direct the department to require vehicle brake
manufacturers to comply with the regulations for the department's
evaluation of chemicals of concern and, before those regulations are
adopted, to ensure that formulations developed to comply with the
above content requirements are less harmful to health and the
environment.
(2)
(3) 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 containing copper in all of its
forms, including, but not limited to, elemental copper and all of
its alloys and compounds, are generated and released to the
surrounding environment in the course of normal brake system
operation.
(c) Tens of thousands of pounds of copper and other substances
released from brake friction materials enter California's streams,
rivers, and marine environment every year.
(d) Copper is toxic to many aquatic organisms, including salmon.
(e) Limits on the copper content of brake friction materials are
essential for California cities, counties, and industries to comply
with federal Clean Water Act (33 U.S.C. Sec. 1251 et seq.) mandates,
including copper water quality standards and copper total maximum
daily loads in California's urban watersheds.
(f) Without limits on the copper content of brake friction
materials, California taxpayers face billions of dollars in federal
Clean Water Act compliance costs.
(g) Changes in the composition of brake friction materials made to
comply with copper water quality standards and successfully
implement copper total maximum daily loads in California's urban
watersheds should meet all applicable safety standards.
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 definitions
apply:
(a) "Board" means the State Water Resources Control Board.
(b) "Department" means the Department of Toxic Substances Control.
(c) "Motor Vehicle vehicle " has the
same meaning as "vehicle" is defined in Section 670 of the Vehicle
Code.
(d) "Testing certification agency" means an agency approved by the
department as qualified and equipped for the certification of
testing of products, materials, equipment, and installations in
accordance with nationally recognized standards.
25250.52. On and after January 1, 2025, 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) The department shall require vehicle brake
manufacturers to comply with the regulations adopted pursuant to
subdivision (a) of Section 25253 in their development of brake
friction materials that comply with Sections 25250.52 and
25250.54 . In the process of complying with the
regulations adopted pursuant to subdivision (a) of Section
25253, a manufacturer shall give specific consideration to the
cumulative impacts on health and the environment of alternatives that
increase the use of nickel, zinc, and antimony.
(b) This section does not authorize the department to modify or
disregard the requirements in Section 25250.52 or 25250.54.
(c)
(b) Prior to the enactment of regulations implementing
Section 25253, a vehicle brake friction material manufacturer shall
exercise due diligence to ensure that formulations developed to
comply with Sections 25250.52 and 25250.54 are less harmful to health
and the environment.
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) Brakes designed for the primary purpose of holding the vehicle
stationary and not designed to be used while the vehicle is in
motion.
(d) Motorcycles.
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
certification from a third-party testing certification agency that
each of their formulations for brake friction materials complies with
Section 25250.54. A certification shall be valid for no more than
three years. Manufacturers shall mark proof of certification on all
brake friction materials.
(b) Commencing on January 1, 2025, 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 from a
third-party testing certification agency that each of their
formulations for brake friction materials complies with Sections
25250.52 and 25250.54. A certification shall be valid for no more
than three years. Manufacturers shall mark proof of certification on
all brake friction materials.
(c) Prior to its products being sold in this state, a manufacturer
of friction materials used in brakes on new motor vehicles, or as
replacement parts, shall file a copy of the third-party certification
of each of its brake friction materials formulations with the
department. The department shall charge a reasonable filing fee upon
the filing of a copy.
(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 Section 25250.52 or
Section 25250.54 at any time prior to the dates specified
in those sections.
(e) The department, in consultation with all interested parties,
and on or before January 1, 2012, shall develop all certification and
marking criteria required pursuant to this section.
(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) A violation of this article, including, but not
limited to, offering brake friction materials for sale without first
complying with subdivision (c) of Section 25250.60 or the
falsification of third-party certification, by vehicle manufacturers,
brake friction materials 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 replacement brake friction
materials determined to be not in compliance with this article.
(c) In enforcing this article, the department shall not recall
automobiles fitted with brake friction materials that do not comply
with this article, but the department may impose fines and penalties
authorized pursuant to subdivision (a) on automobile manufacturers
whose vehicles are fitted with brake friction materials that do not
comply with this article.
25250.64. This article does not limit, supersede, duplicate, or
otherwise conflict with the authority of the department to fully
implement Article 14 (commencing with Section 25251), including the
authority to include products in a product registry established
pursuant to the regulations adopted pursuant to that article or any
testing or labeling requirements imposed pursuant to that article if
those requirements are more protective of the public health and
environment than those prescribed by this article. Notwithstanding
subdivision (c) of Section 25257.1, vehicle brake pads shall not be
considered as a product category already regulated or subject to
pending regulation for purposes of Article 14 (commencing with
Section 25251).
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.