BILL NUMBER: SB 346 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 20, 2010
AMENDED IN ASSEMBLY AUGUST 2, 2010
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 , and to repeal Section 25250.65
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 would allow, until December 31, 2023, motor vehicle
manufacturers and distributors, wholesalers, or retailers
of replacement brake friction materials to deplete their inventory of
noncompliant materials. The bill, commencing on January 1,
2021, would prohibit motor vehicle brake friction materials
containing more than 5% copper by weight from being sold in
California the state , and, commencing on
January 1, 2025, would prohibit motor vehicle brake friction
materials exceeding 0.5% copper by weight from being sold in
California the state . 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 filing fee.
A
A violation of these provisions by
certain manufacturers would be subject to a civil fine of up to
$10,000 per violation. The bill would create the Brake Friction
Materials Water Pollution Fund in the State Treasury, and would
require those fines to be deposited in the fund. The moneys in the
fund would be available, upon appropriation in the annual Budget Act,
to implement the bill's requirements. Because a violation of these
provisions also would be a crime pursuant to the hazardous waste
control laws, the bill would impose a state-mandated local program.
The bill would establish a process by which a manufacturer may
apply to the department for an extension of the prohibition against
selling motor vehicle brake friction materials containing more than
0.5% copper by weight, including providing for the establishment of
an advisory committee to be involved in that process. The bill
would require the Secretary for Environmental Protection to issue a
decision regarding the extension. In making the determination whether
to approve or disapprove the extension, the bill would require the
secretary to rely upon certain recommendations made by the advisory
committee. The bill would require the department to assess a
fee for each extension application and would require the
Secretary for Environmental Protection to issue a decision regarding
the extension , and the department would be authorized
to expend those fees, upon appropriation by the Legislature, for
reimbursement for the costs incurred in implementing this process
.
The bill would exempt specified classes of vehicles and
brakes brake friction materials used for certain motor
vehicle classes from its requirements , including
authorizing a manufacturer, on and after January 1, 2025, to sell
replacement and would exempt from certain prohibitions
the sale of vehicles or brake friction materials that
exceed 0.5% copper by weight for a motor vehicle
manufactured prior to that date certain dates
. The bill would establish a process by which any
person may petition the department for a withdrawal of that specific
exemption for a specific vehicle model, class, platform, or other
vehicle-based category. The bill would require the department to
assess a fee for each petition submission and would require the
Secretary for Environmental Protection to issue a decision regarding
a withdrawal of that exemption.
(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, would require vehicle brake friction materials manufacturers
to ensure that formulations developed to comply with the above
content requirements are less harmful to health and the environment.
The bill would require a vehicle brake friction material
manufacturer to screen potential alternatives to copper using the
existing Toxics Information Clearinghouse and to use an open source
alternatives assessment or this screening analysis to select
alternatives to copper that pose less potential hazard to public
health and the environment. The vehicle brake friction material
manufacturer or importer of record would be required to provide the
department with a demonstration, upon request, of the manner in which
the selection of alternatives is informed.
The bill would require all new motor vehicles offered for sale, on
and after the specified compliance dates, to be equipped with brake
friction materials meeting the requirements of this bill and would
require all vehicle brake friction material manufacturers, on or
after those compliance dates, to certify compliance with those
requirements and mark proof of certification on all brake friction
materials. The bill would require a vehicle brake friction materials
manufacturer to file a copy of the certification with a testing
certification agency.
The bill would require the department and the State Water
Resources Control Board, by January 1, 2023, to submit a report to
the Governor and the Legislature, on the implementation of the bill's
requirements toward meeting the copper total maximum daily load
(TMDL) allocations in the state. The bill would repeal this report
requirement on January 1, 2027.
(3)
(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 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
shall apply:
(a) (1) "Advisory committee" means a committee of nine members
appointed by the secretary on or before January 1, 2019, to consider
and recommend approval or denial of an application for an extension
of the requirements imposed pursuant to Section 25250.53.
(2) A person considered for appointment to the advisory committee
shall disclose any financial interests the person may have in any
aspect of the vehicle or vehicle parts manufacturing industry prior
to appointment by the secretary or, in the case of subparagraph (C)
of paragraph (3), prior to nomination.
(3) The advisory committee shall be composed of the following
members:
(A) (i) One-third of the members shall be representatives of the
manufacturers of brake friction materials and motor vehicles, to be
appointed by the secretary in consultation with the chair of the
board and the director of the department.
(ii) If the application for an extension of the requirements
imposed pursuant to Section 25250.53 pertains solely to brake
friction materials to be used on heavy-duty motor vehicles, the
members appointed pursuant to this subparagraph shall represent the
manufacturers of heavy-duty brake friction materials and heavy-duty
motor vehicles.
(B) One-third of the members shall be representatives of municipal
storm water quality agencies and nongovernmental environmental
organizations, to be appointed by the secretary in consultation with
the chair of the board and the director of the department.
(C) One-third of the members shall be experts in vehicle and
braking safety, economics, and other relevant technical areas, to be
appointed by the secretary, upon nomination by a majority of the
members specified in subparagraph (A) concurrently with a majority of
the members specified in subparagraph (B).
(4) For purposes of this subdivision, a "financial interest" shall
have the same meaning as a financial interest described in Section
87103 of the Government Code, except only with regard to business
entities, real property, or sources of income that are related to the
vehicle or vehicle parts manufacturing industry.
(b) "Board" means the State Water Resources Control Board.
(c) "Department" means the Department of Toxic Substances Control.
(d) "Heavy-duty motor vehicle" means a motor vehicle of over
26,000 pounds gross weight.
(e) (1) "Manufacturer," except where otherwise specified, means
both of the following:
(A) A manufacturer or assembler of motor vehicles or motor vehicle
equipment.
(B) An importer of motor vehicles or motor vehicle equipment for
resale.
(2) A manufacturer includes a vehicle brake friction materials
manufacturer.
(f) "Motor vehicle" and "vehicle" has the same meaning as the
definition of "vehicle" in Section 670 of the Vehicle Code.
(g) "Testing certification agency" means a third-party testing
certification agency that is utilized by a vehicle brake friction
materials manufacturer and that has an accredited laboratory program
that provides testing in accordance with the certification agency
requirements that are approved by the department.
25250.51. (a) 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:
(1) Cadmium and its compounds: 0.01 percent by weight.
(2) Chromium (VI)-salts: 0.1 percent by weight.
(3) Lead and its compounds: 0.1 percent by weight.
(4) Mercury and its compounds: 0.1 percent by weight.
(5) Asbestiform fibers: 0.1 percent by weight.
(b) Motor vehicle manufacturers and distributors, wholesalers, or
retailers of replacement brake friction materials may continue to
offer for sale brake friction materials not certified as compliant
with subdivision (a) solely for the purpose of depletion of
inventories until December 31, 2023.
25250.52. 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, except as otherwise provided in this article.
25250.53. 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, except as otherwise provided in this article.
25250.54. (a) (1) On and after January 1, 2019, a manufacturer
may apply to the department for a one-year, two-year, or three-year
extension of the January 1, 2025, deadline established in Section
25250.53, except as provided in subdivision (h).
(2) An extension application submitted pursuant to this section
shall be submitted based on vehicle model, class, platform, or other
vehicle-based category, and not on the basis of the brake friction
material formulation.
(3) The application shall be accompanied by documentation that
will allow the advisory committee to make a recommendation pursuant
to subdivisions (e) and (f).
(4) The documentation shall include a scientifically sound
quantitative estimate of the quantity of copper that would be emitted
if the extension is granted, including a description of the
assumptions used in arriving at that estimate.
(b) No more than 30 days after receipt of an application for an
extension pursuant to subdivision (a), the department shall do all of
the following:
(1) Post a notice of receipt on the department's Internet Web site
that includes the vehicle model, class, platform, or other
vehicle-based category, whether the brake friction material is
intended for use in original equipment or replacement parts, and the
quantity of copper that would be emitted if the extension is granted.
(2) Consult with the board and the State Air Resources Board.
(3) Solicit comment from the public and from scientific and
vehicle engineering experts on the availability of generally
affordable compliant brake friction materials, their safety and
performance characteristics, and the feasibility of brake pad copper
emissions reduction through means other than friction material
reformulation.
(c) (1) In consultation with the board, the department shall
determine if sufficient documentation has been presented upon which
to base a decision. If the department determines that further
documentation is needed, it shall deliver a detailed request for
further documentation to the applicant.
(2) Not later than 30 days after receipt of the application for an
extension pursuant to subdivision (a), the department shall forward
the application to the advisory committee for the purpose of the
advisory committee making a recommendation pursuant to subdivisions
(e) and (f).
(d) (1) In considering any application for an extension, the
advisory committee shall consider all of the documentation supplied
by the applicant pursuant to subdivision (a).
(2) The advisory committee may request, no later than 75 days
after receipt of the application from the department pursuant to
subdivision (c), further documentation from the applicant.
(3) The advisory committee shall hold at least one public hearing
at which it shall accept and consider comments from the public on
each category of application. The advisory committee meetings shall
be open to the public and are subject to the Bagley-Keene Open
Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1
of Part 1 of Division 3 of Title 2 of the Government Code).
(e) (1) The advisory committee shall recommend to the secretary
that the extension be approved if the advisory committee determines
that there are no brake friction materials that are safe and
available for individual or multiple vehicle models, classes,
platforms, or other vehicle-based categories identified in the
application.
(2) The advisory committee shall recommend to the secretary that
the extension not be approved if the advisory committee determines
that alternative brake friction materials are safe and available for
individual or multiple vehicle models, classes, platforms, or other
vehicle-based categories identified in the application.
(3) For purposes of this section, "safe and available" shall mean
all of the following:
(A) The brake system for which the alternative brake friction
material is manufactured meets applicable federal safety standards,
or if no federal standard exists, a widely accepted safety standard.
(B) Acceptable alternative brake friction materials are
commercially available for the individual or multiple vehicles,
classes, platforms, or vehicle-based categories identified in the
application.
(C) Adequate industry testing and production capacity exists to
supply the alternative brake friction materials for use on the
individual or multiple vehicles, classes, platforms, or vehicle-based
categories identified in the application.
(D) The alternative brake friction material is technically
feasible for use on the individual or multiple vehicles, classes,
platforms, or vehicle-based categories identified in the application.
(E) The alternative brake friction materials meet customer
performance expectations, including noise, wear, vibration, and
durability for the individual or multiple vehicle classes, platforms,
or vehicle-based categories identified in the application.
(F) The alternative acceptable brake friction material is
economically feasible with respect to the industry and the cost to
the consumer for the individual or multiple vehicles, classes,
platforms, or vehicle-based categories identified in the application.
(4) The advisory committee shall provide relevant data to the
department and the board concerning the potential impacts of the
extension on California watersheds for purposes of the report
required pursuant to Section 25250.65.
(f) (1) No sooner than 60 days and no later than 120 days after
the department solicits comments pursuant to paragraph (3) of
subdivision (b), the advisory committee shall make a recommendation
to the secretary in accordance with subdivisions (d) and (e) as to
whether the application for extension should be approved or not
approved.
(2) The recommendation of the advisory committee that the
secretary approve or not approve the application for extension shall
be accompanied by documentation of the basis for the recommendation.
(g) (1) The secretary shall make available the recommendation of
the advisory committee and the accompanying documentation for public
review and comment for 60 days following receipt of the
recommendation from the advisory committee.
(2) The secretary shall consider public comments on the advisory
committee's recommendation and issue a final decision on the
application for extension no later than 45 days after the conclusion
of the 60-day comment period.
(3) In making the determination whether to approve or disapprove
the extension, the secretary shall rely upon the recommendations made
by the advisory committee pursuant to subdivision (f).
(4) If the secretary does not follow the recommendation of the
advisory committee made pursuant to subdivision (f), he or she shall
explain in writing the basis of his or her decision.
(h) (1) On or before December 31, 2029, a manufacturer with an
approved extension of the January 1, 2025, deadline established in
Section 25250.53, may reapply to the department for additional
two-year extensions from the deadline in accordance with a schedule
that may be established by the department.
(2) Except as provided in subdivision (i), a manufacturer may not
apply on or after January 1, 2030, for an extension of the January 1,
2025, deadline established in Section 25250.53.
(3) The department shall comply with all of the requirements of
this section when granting an additional extension of the January 1,
2025, deadline pursuant to this subdivision.
(i) (1) On and after January 1, 2030, a manufacturer of vehicle
brake friction materials to be used on heavy-duty vehicles with an
approved extension of the January 1, 2025, deadline established in
Section 25250.53, may reapply to the department for additional
two-year extensions from the deadline established in Section
25250.53, that results in an extension of that deadline to a date on
and after January 1, 2032.
(2) The department shall comply with all of the requirements of
this section when granting an additional extension of the January 1,
2025, deadline pursuant to this subdivision.
(j) The department shall assess a fee for each application for an
extension sufficient to cover actual costs incurred in implementing
this section. The department may expend the fees collected pursuant
to this subdivision, upon appropriation by the Legislature, for
reimbursement for the costs incurred in implementing this section.
(k) When granting an extension pursuant to this section, the
department, board, advisory committee, and secretary shall comply
with the requirements of Section 25358.2, to ensure the protection of
trade secrets, as defined in Section 25358.2.
25250.55. Brake friction materials for the following motor
vehicle classes are exempt from this article:
(a) Military tactical support 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.
(e) Motor vehicles subject to voluntary or mandatory recalls of
brake friction materials or systems due to safety concerns. This
exemption shall expire upon the lifting of the recall and provision
of new brake friction materials that comply with this article.
(f) Motor vehicles manufactured by small volume manufacturers, as
defined in Section 1900 of Title 13 of the California Code of
Regulations.
(g) Vehicles manufactured prior to January 1, 2021, and brake
friction materials used in those vehicles manufactured prior to
January 1, 2021, from the requirements of Section 25250.52.
(h) Vehicles manufactured prior to January 1, 2025, and brake
friction materials used in those vehicles manufactured prior to
January 1, 2025, from the requirements of Section 25250.53.
(i) Vehicles for which an extension from the requirements of
Section 25250.53 was approved pursuant to Section 25250.54.
25250.56. (a) In developing new formulations to comply with
Sections 25250.52 and 25250.53, a manufacturer of vehicle brake
friction materials shall screen potential alternatives to the use of
copper by using the Toxic Information Clearinghouse developed by the
department and the Office of Environmental Health Hazard Assessment
pursuant to Section 25256, for the purpose of identifying potential
impacts of these potential alternatives on public health and the
environment.
(b) In conducting the screening analysis required by subdivision
(a), a manufacturer of vehicle brake friction materials shall, using
information available to the manufacturer at the time of the
analysis, including information from the department and other
sources, consider the environmental fate of brake friction materials
and their emissions through all phases of the brake friction material
life cycle.
(c) A manufacturer of vehicle brake friction materials shall use
the screening analysis required by subdivision (a) or an open source
alternatives assessment to select alternatives to copper that pose
less potential hazard to public health and the environment.
(d) Upon request by the department, a manufacturer of vehicle
brake friction materials or importer of record shall provide a
summary demonstrating how the screening analysis conducted pursuant
to this section or an open source alternatives assessment is used to
inform the selection of alternatives to copper that pose less
potential hazard to public health and the environment, as required by
subdivision (c).
25250.60. (a) The department shall consult with the brake
friction materials manufacturing industry in the development of all
criteria for testing and marking brake friction materials and
adopting certification procedures for brake friction materials, as
required pursuant to this article. The mark of proof of certification
on brake friction materials shall identify the brake friction
material manufacturer, be easily applied, be easily legible, and not
impose unreasonable additional costs on manufacturers due to the use
of additional equipment or other factors.
(b) On and after January 1, 2014, any new motor vehicle offered
for sale in the state shall be equipped with brake friction materials
that comply with of Section 25250.51.
(c) (1) On and after January 1, 2014, a manufacturer of vehicle
brake friction materials used in brakes on new motor vehicles or as
replacement parts that are sold in the state shall certify compliance
declaring that its formulation for brake friction materials complies
with Section 25250.51.
(2) A vehicle brake friction material manufacturer shall mark
proof of certification pursuant to this subdivision on all brake
friction materials.
(d) On and after January 1, 2021, any new motor vehicle offered
for sale in the state shall be equipped with brake friction materials
that comply with Section 25250.52.
(e) (1) On and after January 1, 2021, a manufacturer of vehicle
brake friction materials used in brakes on new motor vehicles or as
replacement parts for those vehicles that are sold in the state shall
certify compliance declaring that its formulation for brake friction
materials complies with Section 25250.52.
(2) A vehicle brake friction material manufacturer shall mark
proof of certification with this subdivision on all brake friction
materials.
(f) On and after January 1, 2025, any new motor vehicle offered
for sale in the state shall be equipped with brake friction materials
that comply with Section 25250.53.
(g) (1) On and after January 1, 2025, a manufacturer of vehicle
brake friction materials used in brakes on new motor vehicles or as
replacement parts for those vehicles that are sold in the state shall
certify compliance declaring that its formulation for brake friction
materials complies with Section 25250.53.
(2) A vehicle brake friction material manufacturer shall mark
proof of certification with this subdivision on all brake friction
materials.
(h) Prior to offering brake friction materials for sale in this
state, a manufacturer of vehicle brake friction materials shall file
a copy of the certification for each of its brake friction materials
formulations with a testing certification agency. Each certification
shall be made available within a reasonable period of time on the
testing certification agency's Internet Web site at no cost to the
department and to the public, and shall serve as official
registration of certification for compliance with this section.
(i) A manufacturer of vehicle brake friction materials may obtain
from a testing certification agency a certification of compliance
with the requirements of Section 25250.51, 25250.52, or 25250.53 at
any time prior to the dates specified in those sections.
(j) The certification and mark of proof required pursuant to this
section shall show a consistent date format, designation, and
labeling to facilitate acceptance in all 50 states and United States
territories for purposes of demonstrating compliance with all
applicable requirements.
25250.62. (a) A violation of this article by a vehicle
manufacturer, a vehicle brake friction materials manufacturer, a
distributor, or a retailer, 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) If the department determines that a distributor, wholesaler,
or retailer of replacement brake friction materials has been offering
noncompliant brake friction materials for sale in the state, it
shall allow the distributor, wholesaler, or retailer of replacement
brake friction materials to establish that it obtained the
noncompliant brake friction materials in good faith and after
exercising due diligence in verifying that the material complied with
this article prior to assessing fines and penalties pursuant to
subdivision (a).
(d) In determining the amount of the civil fine to be assessed for
a violation of this article, the department shall consider the
particular circumstances of the violation, including, but not limited
to, the amount of noncompliant brake friction material offered for
sale in California and whether previous violations have occurred.
(e) The department may waive the imposition of a fine and issue a
letter of warning if it determines, based on criteria, including, but
not limited to, the amount of brake friction material offered for
sale, the presence or absence of prior violations, and whether due
diligence was exercised in determining that the brake friction
materials offered for sale complied with this article, and that the
violation of this article does not merit the imposition of a fine.
(f) A distributor, wholesaler, or retailer found by the department
to have offered for sale noncompliant replacement brake materials
shall cooperate with the department in the removal of the
noncompliant brake friction materials from sale, inform the
department of measures being implemented to avoid repeat violations,
and provide the department with information that will assist in the
identification and location of the source or sources of the
noncompliant brake friction materials.
(g) In enforcing this
article, the department shall not recall automobiles fitted with
brake friction materials that do not comply with this article.
(h) A motor vehicle manufacturer that violates this article shall
notify the registered owner of the vehicle within six months of
knowledge of the violation and shall replace, at no cost to the
owner, the noncompliant brake friction material with brake friction
material that complies with this article. A motor vehicle
manufacturer that fails to provide the required notification to
registered owners of the affected vehicles within six months of
knowledge of the violation is subject to fines and penalties
authorized pursuant to subdivision (a).
25250.64. (a) The Brake Friction Materials Water Pollution Fund
is hereby established in the State Treasury. Notwithstanding Section
25192, all fines and penalties collected by the department pursuant
to this article shall be deposited in the fund.
(b) The moneys in the fund shall be expended, upon appropriation
by the Legislature in the annual Budget Act, solely for the full
implementation of this article by the department.
25250.65. (a) On or before January 1, 2023, the department and
the board shall submit to the Governor and the Legislature, in
compliance with Section 9795 of the Government Code, a report on the
implementation of vehicle brake copper reduction efforts and the
progress of this article toward meeting the copper total maximum
daily load (TMDL) allocations in the state. The report shall make
recommendations on actions necessary to address any deficiencies in
meeting these copper TMDL allocations, including, but not limited to:
(1) Imposing additional restrictions on the extensions granted to
manufacturers pursuant to Section 25250.54.
(2) Imposing additional restrictions on the exemptions from this
article provided by Section 25250.55.
(3) Allowances for permitting a manufacturer to sell existing
inventory, if the additional restrictions described in paragraphs (1)
and (2) are implemented.
(b) Pursuant to Section 10231.5 of the Government Code, this
section is repealed on January 1, 2027.
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.
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) "Advisory committee" means a committee of nine members
appointed by the secretary to consider and recommend approval or
denial of an application for an extension of the requirement imposed
pursuant to subdivision (b) of Section 25250.52 and a petition for a
withdrawal of an exemption pursuant to subdivision (c) of Section
25250.58, which shall be composed as follows:
(1) (A) One-third of the members shall be representatives of the
manufacturers of brake friction materials and motor vehicles,
nominated by the chairman of the board and the director of the
department.
(B) If the application pertains solely to brake friction materials
to be used on heavy-duty motor vehicles, the members shall represent
the manufacturers of heavy-duty brake friction materials and
heavy-duty motor vehicles.
(2) One-third of the members shall be representatives of municipal
storm water quality agencies and nongovernmental environmental
organizations, nominated by the chairman of the board and the
director of the department.
(3) One-third of the members shall be individuals with experience
in safety and other relevant technical areas, nominated by the
members specified in paragraphs (1) and (2). Nominees appointed
pursuant to this paragraph shall disclose any financial interests
they may have in any aspect of the vehicle or vehicle parts
manufacturing industries. Nominations appointed pursuant to this
paragraph may be vetoed by any of the members specified in paragraphs
(1) and (2).
(b) "Board" means the State Water Resources Control Board.
(c) "Department" means the Department of Toxic Substances Control.
(d) "Heavy-duty motor vehicle" means a motor vehicle of over
26,000 pounds gross weight.
(e) "Manufacturer," except where otherwise specified, means both
of the following:
(1) A manufacturer or assembler of motor vehicles or motor
vehicle equipment.
(2) An importer of motor vehicles or motor vehicle equipment for
resale.
(f) "Motor vehicle" has the same meaning as "vehicle" is defined
in Section 670 of the Vehicle Code.
(g) "Testing certification agency" means a third-party testing
certification agency utilized by the brake friction material
manufacturing industry for purposes of certifying compliance with
federal safety standards and whose testing methods to certify
compliance with this article require that testing be conducted by a
laboratory accredited pursuant to the Environmental Laboratory
Accreditation Act (Article 3 (commencing with Section 100825) of
Chapter 4 of Part 1 of Division 101) using testing methods that have
been approved by the department.
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, except as otherwise provided in this
article.
(b) 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, except as otherwise provided in this article.
(c) All brake friction materials formulated to meet the
requirements of subdivisions (a) and (b) shall meet applicable
federal safety standards, or if no federal safety standard exists, a
widely accepted industry standard.
(d) Commencing on January 1, 2021, a manufacturer may apply to the
department for a three-year extension of the January 1, 2025,
deadline established in subdivision (b). An extension shall be
submitted based on vehicle model, class, platform, or other
vehicle-based category, and not on the basis of brake friction
material formulation. Each application shall be accompanied by
documentation showing that the manufacturer will be unable to make
brake friction material available for the specific model, class,
platform, or other vehicle-based category by January 1, 2025, that
meets federal and industry standards for safety, and by a
scientifically sound quantitative estimate of the quantity of copper
that would be emitted if the extension is granted, including a full
description of the assumptions used in arriving at that estimate.
(e) No more than 30 days after receipt of an application for an
extension pursuant to subdivision (d), the department shall do all of
the following:
(1) Post a notice of receipt on the department's Internet Web site
that includes the vehicle model, class, platform, or other
vehicle-based category, whether the brake friction material is
intended for use in original equipment or replacement parts, and the
quantity of copper that would be emitted if the extension is granted.
(2) Consult with the board and the State Air Resources Board.
(3) Solicit comment from the public and from scientific and
vehicle engineering experts on the availability of generally
affordable compliant brake friction materials, their safety and
performance characteristics, the feasibility of brake pad copper
emissions reduction through means other than friction material
reformulation, and the impact of an extension on successful
compliance with national pollutant discharge Elimination system
(NPDES) permits, as defined in Section 13399.43 of the Water Code,
and copper total maximum daily load reduction requirements, including
the cumulative impact of any extensions or exemptions already
approved by the secretary.
(f) In consultation with the board, the department shall determine
if sufficient documentation has been presented upon which to base a
decision. If the department determines that further documentation is
needed, it shall deliver a detailed request for further documentation
to the applicant. Failure to provide the requested information shall
result in denial of the extension.
(g) Upon finding that sufficient documentation has been provided
by the applicant, the department shall forward the application to the
advisory committee, which, no sooner than 90 days after the advisory
committee receives the application, shall consider whether to
recommend that the application for extension should be approved.
(h) The advisory committee shall hold at least one public hearing
at which it shall accept and consider comments from the public on
each category of application. The advisory committee meetings shall
be open to the public and are subject to the Bagley-Keene Open
Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1
of Part 1 of Division 3 of Title 2 of the Government Code).
(i) In considering any application for an extension, the advisory
committee shall ensure that the motor vehicle brakes meet applicable
federal safety standards, or if no federal safety standard exists, a
widely accepted industry standard.
(j) In considering any application for an extension, the advisory
committee shall consider all of the following:
(1) Availability of acceptable alternative existing brake friction
materials.
(2) Industry production and testing capacity.
(3) Technical feasibility of alternative brake friction materials.
(4) Ability of alternative brake friction materials to meet
customer performance expectations, including noise, wear, vibration,
and durability.
(5) Economic feasibility of the use of any alternative brake
friction materials, including the cost to the industry and the cost
to the consumer.
(6) The impact the application of an extension will have on
California watersheds.
(7) If available, any assessment of alternative brake friction
materials that considered potential multimedia life cycle
environmental impacts, including materials and resource consumption,
water quality impacts, air emissions, greenhouse gas emissions, waste
and end-of-life disposal, public health impacts, and ecological
impacts.
(8) The impact of an extension on the successful compliance with
NPDES permits and copper total maximum daily load reduction
requirements, including the cumulative impact of any extensions or
exemptions already approved by the secretary.
(k) Upon conclusion of its consideration of the application for an
extension, and no later than nine months after the receipt of the
application, the advisory committee shall recommend that the
secretary approve the application for an extension, approve the
application subject to specified conditions, or not approve the
application. The recommendation shall be accompanied by documentation
of the basis for the recommendation.
(l) The secretary shall make available the recommendation of the
advisory committee and accompanying documentation for public review
and comment for 60 days following receipt of the recommendation from
the advisory committee. The secretary shall consider public comments
on the advisory committee's recommendation and issue a final decision
on the application for extension no later than 45 days after the
conclusion of the 60-day comment period.
(m) Until January 1, 2030, a manufacturer with an approved
extension may reapply for additional two-year extensions according to
deadlines that may be established by the department. All of the
requirements of this section shall be met for an additional extension
to be granted.
(n) Only manufacturers of heavy-duty vehicle brake friction
materials may apply to the department for additional two-year
extensions that would extend beyond January 1, 2032.
(o) The department shall assess a fee for each application for an
extension sufficient to cover actual costs incurred in implementing
this section.
25250.54. (a) 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:
(1) Cadmium and its compounds: 0.01 percent by weight.
(2) Chromium(VI)-salts: 0.1 percent by weight.
(3) Lead and its compounds: 0.1 percent by weight.
(4) Mercury and its compounds: 0.1 percent by weight.
(5) Asbestiform fibers: 0.1 percent by weight.
(b) All brake friction materials formulated to meet the
requirements of subdivision (a) shall meet applicable federal safety
standards, or if no federal safety standard exists, a widely accepted
industry standard.
(c) Motor vehicle manufacturers, and distributors, wholesalers, or
retailers of replacement brake friction materials may continue to
offer for sale brake friction materials not certified as compliant
with subdivision (a) solely for the purpose of depletion of
inventories until December 31, 2023.
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) 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. (a) The following motor vehicle classes and brakes are
exempt from this article:
(1) Military combat vehicles.
(2) 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.
(3) Brakes designed for the primary purpose of holding the vehicle
stationary and not designed to be used while the vehicle is in
motion.
(4) Motorcycles.
(5) Motor vehicles subject to voluntary or mandatory recalls of
brake friction materials or systems due to safety concerns. This
exemption shall expire upon the lifting of the recall and provision
of new brake friction materials that comply with this article.
(6) Motor vehicles manufactured by small volume vehicle
manufacturers with less than 5,000 new vehicle annual sales in this
state. Annual sales shall be determined based on the average number
of new vehicles sold in the state for the previous three years.
(b) On and after January 1, 2025, a manufacturer may sell
replacement brake friction materials that do not meet the
requirements of subdivision (b) of Section 25250.52 for a motor
vehicle manufactured prior to January 1, 2025, subject to subdivision
(c).
(c) (1) On and after January 1, 2021, any person, including, but
not limited to, a manufacturer, may petition the department to
withdraw the exemption authorized by subdivision (b) for a specific
vehicle model, class, platform, or other vehicle-based category. Each
petition shall be accompanied by documentation showing that
replacement brake friction materials for the specified vehicle model,
class, platform, or other vehicle-based category that meet the
requirements of subdivision (b) of Section 25250.52, subdivision (a)
of Section 25250.54, and Section 25250.56, and applicable federal
safety standards, or if no federal safety standard exists, a widely
accepted industry standard for safety, are or will be generally
affordable and available in sufficient quantity.
(2) In consultation with the board, the department shall determine
if sufficient documentation has been presented upon which to base a
decision. If the department determines that further documentation is
needed, it shall deliver a detailed request for further documentation
to the petitioner. Failure to provide the requested information
shall result in denial of the petition.
(3) Once the department finds that sufficient documentation has
been provided by the petitioner, it shall forward the petition to the
advisory committee, which shall consider whether to recommend that
the petition should be approved.
(4) The advisory committee shall hold at least one public hearing
at which it shall accept and consider comments from the public. The
advisory committee meetings shall be open to the public and are
subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing
with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2
of the Government Code).
(5) In considering any petition for withdrawal of an exemption,
the advisory committee shall ensure that the alternative brake
friction materials meet the requirements of subdivision (b) of
Section 25250.52, subdivision (a) of Section 25250.54, Section
25250.56, and applicable federal safety standards, or if no federal
safety standard exists, a widely accepted industry standard for
safety.
(6) In considering any petition for withdrawal of an exemption,
the advisory committee shall consider all of the following:
(A) Availability of the alternative brake friction materials.
(B) Technical feasibility of the alternative brake friction
materials.
(C) Ability of the alternative brake friction materials to meet
customer performance expectations, including noise, wear, vibration,
and durability.
(D) Whether the alternative brake friction materials are or will
be available at a cost comparable to that of existing noncompliant
brake friction materials.
(E) Benefit that the withdrawal of the exemption will have on
California watersheds.
(F) Benefit that the withdrawal of the exemption will provide to
successful compliance with national pollutant discharge elimination
system (NPDES) permits and copper total maximum daily load reduction
requirements.
(7) Upon conclusion of its consideration of the petition for
withdrawal of an exemption, and no later than nine months after the
receipt of the petition, the advisory committee shall recommend that
the secretary approve the petition, approve the petition subject to
specified conditions, or not approve the petition. The recommendation
shall be accompanied by documentation of the basis for the
recommendation.
(8) The secretary shall make available the recommendation of the
advisory committee and accompanying documentation for public review
and comment for 60 days following receipt of the recommendations from
the advisory committee. The secretary shall consider public comments
on the advisory committee's recommendation and issue a final
decision on the petition for withdrawal of an exemption no later than
45 days after the conclusion of the 60-day comment period.
(9) The department shall assess a fee upon submission of each
petition for withdrawal of an exemption sufficient to cover actual
costs incurred in implementing this section.
(10) Upon the issuance by the secretary of a final decision
approving a petition for withdrawal of an exemption, manufacturers,
wholesalers, retailers, and distributors may continue to sell
existing stocks of noncompliant replacement brake friction materials
solely for the purpose of inventory depletion for one year after the
date of the final decision or, if the final decision is issued prior
to January 1, 2024, until January 1, 2025.
25250.60. (a) The department shall consult with the brake
friction material manufacturing industry in the development of all
criteria for testing and certification procedures for brake friction
materials required by this article.
(b) 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 that
each of their formulations for brake friction materials complies with
Section 25250.54 from a testing certification agency. A
certification shall be valid for no more than three years.
Manufacturers shall mark proof of certification on all brake friction
materials. The mark of proof of certification on brake friction
materials shall be easily applied, easily legible, and shall not
impose unreasonable additional costs on manufacturers due to the use
of additional equipment or other factors.
(c) Commencing on January 1, 2021, 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 that
each of their formulations for brake friction materials complies with
subdivision (a) of Section 25250.52 and Section 25250.54 from a
testing certification agency. A certification shall be valid for no
more than three years. Manufacturers shall mark proof of
certification on all brake friction materials. The mark of proof of
certification on brake friction materials shall be easily applied,
easily legible, and shall not impose unreasonable additional costs on
manufacturers due to the use of additional equipment or other
factors.
(d) 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 that
each of their formulations for brake friction materials complies with
subdivision (b) of Section 25250.52 and Section 25250.54 from a
testing certification agency. A certification shall be valid for no
more than three years. Manufacturers shall mark proof of
certification on all brake friction materials. The mark of proof of
certification on brake friction materials shall be easily applied,
easily legible, and shall not impose unreasonable additional costs on
manufacturers due to the use of additional equipment or other
factors.
(e) Prior to its products being sold in this state, a manufacturer
shall file a copy of the certification of each of its brake friction
materials formulations with the department. The department shall
charge a filing fee upon the filing of a copy sufficient to cover the
actual costs incurred in implementing this section.
(f) Manufacturers may obtain certification of compliance with the
requirements of Section 25250.52 or 25250.54 at any time prior to the
dates specified in those sections.
(g) 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.
(h) 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.
(i) Certification and mark of proof shall show consistent date
format, designations, and labeling to facilitate acceptance in all 50
states and United States territories for the purposes of compliance.
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 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) If the department determines that a distributor, wholesaler,
or retailer of replacement brake friction material has been offering
noncompliant brake friction material for sale in California, it shall
allow the distributor, wholesaler, or retailer of replacement brake
friction material to establish that it obtained the noncompliant
brake friction material in good faith and after exercising due
diligence in verifying that the material complied with this article
prior to assessing fines and penalties pursuant to subdivision (a).
(d) In determining the amount of the civil fine to be assessed for
a violation of this article, the department shall consider the
particular circumstances of the violation, including, but not limited
to, the amount of noncompliant brake friction material offered for
sale in California and whether previous violations have occurred.
(e) The department may waive the imposition of a fine and issue a
letter of warning if it determines, based on criteria, including, but
not limited to, the amount of brake friction material offered for
sale, the presence or absence of prior violations, and whether due
diligence was exercised in determining that the brake friction
material offered for sale complied with this article, that the
violation of this article does not merit the imposition of a fine.
(f) Any distributor, wholesaler, or retailer found by the
department to have offered for sale noncompliant replacement brake
material shall cooperate with the department in the removal of the
noncompliant brake friction material from sale, inform the department
of measures being implemented to avoid repeat violations, and
provide the department with information that will assist in the
identification and location of the source or sources of the
noncompliant brake friction material.
(g) In enforcing this article, the department shall not recall
automobiles fitted with brake friction materials that do not comply
with this article.
(h) A motor vehicle manufacturer that violates this article shall
notify the registered owner of the vehicle within six months of
knowledge of the violation and shall replace, at no cost to the
owner, the noncompliant brake friction material with brake friction
material that complies with this article. A motor vehicle
manufacturer that fails to provide the required notification to
registered owners of the affected vehicles within six months of
knowledge of the violation is subject to fines and penalties
authorized pursuant to subdivision (a).
25250.64. (a) The Brake Friction Materials Water Pollution Fund
is hereby established in the State Treasury. All fines and penalties
collected by the department pursuant to this article shall be
deposited in the fund.
(b) The moneys in the fund shall be expended, upon appropriation
by the Legislature in the annual Budget Act, solely for the full
implementation of this article by the department.
25250.66. 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.