BILL ANALYSIS
SB 346
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator S. Joseph Simitian, Chairman
2009-2010 Regular Session
BILL NO: SB 346
AUTHOR: Kehoe
AMENDED: April 2, 2009
FISCAL: Yes HEARING DATE: April 20, 2009
URGENCY: No CONSULTANT: Caroll
Mortensen
SUBJECT : BRAKE PADS
SUMMARY :
Existing law :
1) Requires the Department of Toxic Substances Control (DTSC),
by January 1, 2011, to adopt regulations to establish a
process to identify and prioritize chemicals or chemical
ingredients in consumer products that may be considered a
"chemical of concern," in accordance with a review process,
as specified.
2) Requires DTSC, on or before January 1, 2011, to adopt
regulations to establish a process to evaluate chemicals of
concern, and their potential alternatives, in consumer
products in order to determine how best to limit exposure
or to reduce the level of hazard posed by a chemical of
concern, as specified.
3) Prohibits the manufacture, processing, and distribution in
products containing certain materials found to raise health
risks, including lead, polybrominated diphenyl ethers
(PBDEs), and phthalates.
4) Requires the State Water Resources Control Board and the
California regional water quality control boards regulate
the discharge of stormwater in accordance with the federal
Clean Water Act and the Porter-Cologne Water Quality
Control Act.
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This bill :
1) Prohibits, after January 1, 2021, the sale of brake pads in
California that contain more than 5% copper by weight.
2) Prohibits, after January 1, 2032, the sale of brake pads in
California that contain more than 0.5% copper by weight.
3) Requires manufacturers of vehicles and brake pads to
monitor and provide two reports to DTSC on their efforts to
comply with the copper reduction mandate. The first report
is due on or before January 1, 2016; the second, on or
before January 1, 2018.
4) Prohibits, after January 1, 2014, the sale of brake pads in
California that contain the following materials in the
amounts specified:
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.
5) Requires, on or before January 1, 2013, DTSC to perform a
base-line survey of the levels of nickel, zinc, copper and
antimony in brake pads.
6) Requires, on January 1, 2013 and at least every three years
thereafter, DTSC to monitor for nickel, zinc, and antimony
to ensure that the levels of those constituents to not
increase more than 50% above the levels established in the
baseline study in #5 above.
7) Requires, if the levels for any of materials in #5 above
exceed the 50% threshold established in #6 above, DTSC to
take further action with other state agencies as specified
to determine if there is a need to control the use of those
materials.
8) Requires manufacturers of brake pads to follow the process
to be adopted by DTSC regarding criteria to evaluate
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alternatives to copper in brake pads.
9) Requires, on January 1, 2014, all brake pad manufacturers
to obtain certification as specified to demonstrate
compliance with the requirements in #4 above and include
that certification on the brake pads.
10)Requires, on January 1, 2021 and until December 31, 2031,
all brake pad manufacturers to obtain certification as
specified as to compliance with the requirements in #1
above and include that certification on the brake pads.
11)Requires, on January 1, 2032, all brake pad manufacturers
to obtain certification as specified as to compliance with
the requirements in #2 above and include that certification
on the brake pads.
12)Requires vehicle manufacturers and retailers of brake pads
to ensure that only compliant brake pads are sold in this
state.
13)Establishes a civil fine of up to $10,000 per violation of
the new article.
14)Establishes DTSC as the enforcing agency for the new
article and permits them to remove non-compliant brake pads
from sale.
15)Requires, on January 1, 2011, DTSC to impose a fee of $1.00
per axle set of brake pads sold in this state (installed in
a new car and replacement pads) and after January 1, 2015
allows DTSC to adjust the fee as necessary to fully
implement the new article.
16)Requires that the fee be used to only cover specified costs
related to control of copper and other materials in brake
pads.
17)Allows up to 5% of the fees collection to be used for
account costs of fee collection.
18)Allows funds to be allocated by DTSC to trade associations
associated with brake pad sale and manufacture for purposes
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of outreach to their memberships.
19)Requires DTSC to consult with the State Water Resources
Control Board regarding implementation of the new article
and use of the fees.
COMMENTS :
1) Purpose of Bill . According the author, elevated copper
levels occur in urban watersheds across California.
Dissolved copper is toxic to phytoplankton (the base of the
aquatic food chain). It also impairs salmon's ability to
avoid predators and deters them from returning to their
home streams to spawn. Scientific studies have shown that
a major source of copper in highly urbanized watersheds is
material worn off vehicle brake pads. It is estimated that
about one-half of the copper found in run-off is attributed
to brake pads.
2) Total Maximum Daily Loads . The State Water Resources
Control Board (SWRCB) has established Total Maximum Daily
Loads (TMDLs) as allowable pollution limits on copper and
other pollutants in several Southern California urban
watersheds. Failure to comply with these TMDLs will result
in serious penalties to the responsible jurisdictions. The
SWRCB is working to establish these TMDLs for watersheds
throughout California. The ubiquity of copper in the urban
environment, and the technical difficulty and
impracticality of treating stormwater to remove it, mean
that compliance with copper TMDLs will not be feasible
without source reduction of copper. Cost could go into the
billions of dollars to remediate if source reduction
measures are not taken.
3) The Brake Pad Partnership . The Brake Pad Partnership is a
collaborative group of brake manufacturers,
environmentalists, stormwater management entities, and
regulators that originally came together to understand the
impact on the environment of brake pad wear debris. Before
the Partnership committed to investing significant state
and private resources in technical studies, the Brake
Manufacturers Council (BMC) and its members (primarily
manufacturers of original equipment friction materials)
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agreed to introduce reformulated products if the technical
studies indicated that copper in brake pads was
contributing significantly to water quality impairment.
The SWRCB and Caltrans together contributed close to $1
million towards paying for the subsequent research into the
issue. In late 2007 the Partnership completed a series of
interlinked laboratory, environmental monitoring, and
environmental modeling studies that indicated that brake
pads are a substantial contributor to copper in runoff to
the San Francisco Bay. As the technical studies' results
emerged, the Partnership shifted its focus to determining
an appropriate mechanism for reducing copper in brakes in
California. According to the sponsor, the result is this
measure as a product of a collaborative, consensus-based
approach to crafting a workable balance between necessary
innovations, long manufacturing timelines, and the
stringent water quality compliance deadlines facing
California. Details of these studies can be found at
www.suscon.org/brakepad .
4) Baseline Studies and Alternatives . The bill requires DTSC
to do work in evaluating what is currently in brake pads
and keeping an eye on what the new pads will contain. The
bill requires, if levels of nickel, zinc, and antimony
increase in pads, that DTSC consult with the appropriate
state agency to determine if there is a need to try to
limit those levels. This type of study will allow DTSC to
keep abreast of the new materials in the brake pads and try
to prevent other public health and environmental issues.
This coupled with the requirement on brake pad
manufacturers to follow a process to evaluate alternatives
to copper in brake pads to ensure the alternatives to
copper do not have the same problematic characteristics.
5) Long Time Lines for Implementation . Vehicle design,
including that of the braking system, is a complex process
and must incorporate the lengthy development, safety and
performance testing, and manufacturing timelines for brake
pads and vehicles. This begs the question of other
hazardous materials in an automobile and what can be done
to encourage auto manufacturers to look more
comprehensively at design and materials used to eliminate
the need to address environmental and health threats after
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production. If the timelines are indeed 10-15 years for
design to production, efforts should be undertaken to
ensure new cars are built to be as 'clean' as possible
during their useful life as well as easy to recycle at the
end, including, using non-toxic and non-hazardous materials
in construction.
6) Amendment Needed . To further clarify this new article an
amendment is need to clarify that DTSC does not have the
authority to recall a new vehicle if it is found to have
non-compliant brake pads, but is authorized to impose
penalties on automobile manufacturers as described in the
bill.
SOURCE : Sustainable Conservation on behalf of the Brake
Pad Partnership, City of San Diego
SUPPORT : Akebono Brake Corporation
Alameda Countywide Clean Water Program
Alameda County
Bay Area Stormwater Management Agencies
Association
California Coastkeeper Alliance
California Council for Environmental and
Economic Balance
California Product Stewardship Council
California Stormwater Quality Association
City/County Association of Governments of San
Mateo County
City of Camarillo
City of Concord
City of Clayton
City of Cupertino
City of Los Angeles
City of Laguna Woods
City of Monte Sereno
City of Ojai
City of Palo Alto
City of Port Hueneme
City of San Diego
City of San Pablo
City of Thousand Oaks
CLEAN South Bay
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Clean Water Action
Clean Water Consultants
Contra Coast Clean Water Program
Environmental Health Coalition
San Diego Coastkeeper
San Francisco Baykeeper
Santa Clara Valley Urban Runoff Pollution
Prevention Program
Save the Bay
Sierra Club California
TDC Environmental
Ventura Countywide Stormwater Quality
Management Program
West Valley Clean Water Program
OPPOSITION : Alliance of Automobile Manufacturers