BILL ANALYSIS
SB 346
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Date of Hearing: August 4, 2010
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
SB 346 (Kehoe) - As Amended: August 2, 2010
Policy Committee: Environmental
Safety and Toxic Materials Vote: 6-3
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
As amended, this bill bans the sale of brake pads containing
copper and other toxic materials. (Summary continued below.)
FISCAL EFFECT
1)One-time costs to DTSC of approximately $200,000 during
2010-11 and 2011-12 for manufacturer outreach and education,
including development of website materials. (Hazardous Waste
Control Account (HWCA))
2)One-time costs to DTSC of approximately $200,000 during
2010-11 and 2011-12 to develop certification and marking
criteria. (HWCA)
3)One-time cost to DTSC of approximately $100,000 during 2011-12
to initially certify third-party certifiers of brake pads.
(HWCA)
4)Minor annual costs to DTSC in the tens of thousands of dollars
beginning in 2013-14 to accept filings by manufacturers of
brake pad certification, covered fully by filing fee. (HWCA)
5)Annual costs to DTSC of approximately $250,000 beginning in
2020-21 to accept and review requests for extension and
exemption withdrawal, fully covered by request fees. (HWCA or
Brake Friction Materials Water Pollution Fund (BFMWPF))
6)Annual costs to DTSC ranging from $250,000 to $500,000
beginning in 2013-14 to enforce bans, including inspections of
brake manufacturers and third-party certifiers and laboratory
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analysis of brake pads. (HWCA or BFMWPF)
7)Minor annual costs to the Secretary for Environmental
Protection in the tens of dollars beginning in 2020-21 to
review extension and exemption requests. (GF)
8)Minor, absorbable annual costs to ARB and DTSC beginning in
2020-21 to consult with DTSC on extension and exemption
requests.
SUMMARY (continued)
Specifically, this bill:
1)Bans, effective January 1, 2014, sale of brake pads containing
the following materials beyond minimal amounts: cadmium,
chromium (VI)-salts; lead, mercury and asbestiform fibers and,
effective January 1, 2025, sale of brake pads containing more
than 0.5% copper, with exception, until December 31, 2023, for
the depletion of existing inventories.
2)Bans, effective January 1, 2021, sale of brake pads containing
more than 5% copper and, effective January 1, 2025, sale of
brake pads containing more than 0.5% copper.
3)Exempts from these bans brakes used in certain motor vehicle
classes and brake systems, including military vehicles,
motorcycles and fully contained brake systems.
4)Allows a brake pad manufacturer, effective January 1, 2021, to
apply to DTSC for a three-year extension of the 2025 ban and
for additional two-year extensions until January 1, 2030.
Heavy-duty brake pad manufacturers only will be able to apply
for two-year extensions beyond January 1, 2032.
5)Allows any person, effective January 1, 2021, to file a
request with DTSC to withdraw an exemption from brake pad
bans.
6)Directs the secretary to grant or deny extension and exemption
withdraw requests.
7)Establishes a committee to publicly advise the secretary on
whether to grant copper ban extension requests and to withdraw
exemptions to the bill's bans.
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8)Requires DTSC to develop certification and marking criteria.
9)Requires brake pad manufacturers to receive third-party
certification that their brake pads meet the bans described
above and to mark their brake pads with proof of
certification.
10)Requires a manufacturer to file a copy of the certification
with DTSC and authorizes DTSC to charge a filing fee.
11)Establishes fees, set and collected by DTSC, on applicants
for copper ban extensions, for withdrawal of exemptions from
the bill's bans, and for filing certifications.
12)Calls on DTSC to enforce bans and authorizes a $10,000 civil
fine for violation of the bans, to be placed in the BFMWPF.
COMMENTS
1)Rationale . The author contends nearly eliminating copper from
brake pads is the most practical and effective way to reduce
the amount of copper entering the state's bodies of water,
which will be necessary to meet the requirements of the
Federal Clean Water Act.
2)Background .
a) Brake Pads Contain Copper, Which is Toxic and
Accumulates in the Water . Automotive brake pads contain
copper. The metal improves brake performance and extends
brake life. Unfortunately, copper is toxic.
Studies have shown that brake pads are a major source of
waterborne copper. Every time a driver brakes, dust-like
fragments of copper are shed onto the impervious road
surface. Rain and wind carry this toxic copper dust into
the state's waterways. Once there, it destroys certain
types of algae-a critical food source for marine life. It
also interferes with salmon's ability to smell, making them
more susceptible to predators.
b) Too Much Copper in the Water . In response to Federal
Clean Water Act lawsuits filed by environmental groups, the
regional water quality control boards in Los Angeles and
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San Diego imposed Total Maximum Daily Loads (TMDLs) that
severely limit the amount of copper entering waterways.
Municipalities subject to those TMDL must comply with them
by 2028. Other regional water boards are expected to soon
issue similar TMDLs for copper in other regions of the
state.
3)Related Legislation . Responding to concerns about copper
contamination of water, the State of Washington enacted
legislation earlier this year to limit the copper content of
brake pads. The Washington bill requires, by January 1, 2015,
brake pads sold as replacement parts contain less than 5%
copper, by weight. The bill further requires, by January 1,
2020, new vehicles brake pads have less than 5% copper. The
law allows the state to limit the copper content of brake pads
to no greater than 0.5% if such limits are feasible.
4)Supporters , including numerous local governments and
environmental groups, contend limiting the copper content of
brake pads represents the most effective and practical way to
reduce the amount of copper entering the state's bodies of
water.
5)Opponents include many industry groups, who support the need
to reduce the copper content of brake pads but who nonetheless
claim the bill provides unrealistic timeframes and inflexible
requirements that fail to consider the business needs of
research, development, safety and consumer expectations. It
is not clear whether the latest amendments to the bill remove
industry opposition.
Analysis Prepared by : Jay Dickenson / APPR. / (916) 319-2081