BILL ANALYSIS
SB 346
Page 1
SENATE THIRD READING
SB 346 (Kehoe)
As Amended August 25, 2010
Majority vote
SENATE VOTE :22-16
ENVIRONMENTAL SAFETY 6-3
APPROPRIATIONS 12-5
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|Ayes:|Nava, Chesbro, Davis, |Ayes:|Fuentes, Bradford, |
| |Feuer, Monning, Ruskin | |Huffman, Coto, Davis, De |
| | | |Leon, Gatto, Hall, |
| | | |Skinner, Solorio, |
| | | |Torlakson, Torrico |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Miller, Blakeslee, Smyth |Nays:|Conway, Harkey, Miller, |
| | | |Nielsen, Norby |
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SUMMARY : Restricts the use of copper and other toxic chemicals
in automobile brake pads. Specifically, this bill :
1)Limits the use of copper in motor vehicle brake pads to no
more than 5% by weight on or after January 1, 2021, and no
more than .5% by weight on or after January 2025.
2)Exempts specific vehicles from the copper limitation in brake
pads including:
a) Military vehicles;
b) Vehicles with internal closed oil immersed brakes that
do not emit copper or other debris under normal operating
conditions;
c) Parking brakes;
d) Vehicles manufactured by small volume manufactures; and,
e) Motorcycles.
3)Exempts from the 5% copper brake pad restrictions all
vehicles, or brake pads manufactured for use on those
vehicles, manufactured prior to January 1, 2021.
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4)Exempts from the .5% copper brake pad restrictions all
vehicles, or brake pads used manufactured for use on those
vehicles, manufactured prior to December 31, 2024.
5)Restricts the use of the following toxic materials in motor
vehicle brake pads by January 1, 2014:
a) Cadmium and its compounds: 0.01% by weight;
b) Chromium (VI)-salts: 0.1% by weight;
c) Lead and its compounds: 0.1% by weight; and,
d) Mercury and its compounds: 0.1% by weight.
6)Requires manufacturers of brake pads to review safety data on
alternatives to copper in brake pads. Allows manufactures to
conduct an additional alternatives analysis based on an open
source alternative analysis carried out by the brake pad
manufacturer.
7)Requires brake pad manufacturers, beginning in 2014, to obtain
certification to demonstrate compliance with the 2014 limits
and to include that certification of the content of the brake
pads.
8)Requires vehicle manufacturers and retailers of brake pads to
ensure that only compliant brake pads are sold in this state.
9)Establishes a civil fine of up to $10,000 per violation of the
brake pad limitations and certification requirements.
10) Allows a brake pad manufacturer, effective January 1, 2021,
to apply to DTSC for a one, two or 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 until January 1, 2032.
11) Requires an application for an exemption to be forwarded by
DTSC to the Copper Brake Advisory Committee (CBAC), which will
be a nine-member committee appointed by the Secretary of the
California Environmental Protection Agency (Cal-EPA). The
CBAC will be composed of:
a) three members representing the manufactures of brake
friction materials and motor vehicles;
b) three members representing municipal storm water quality
agencies and nongovernmental environmental organizations;
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and,
c) three members who are experts in vehicle and braking
safety, economics and or relevant technical areas.
12)Provides that members of the CBAC shall disclose financial
interest related to vehicle or vehicle parts prior to being
appointed.
13)Allows the CBAC to request additional information from DTSC
with 75 days of receipt of a request for an extension.
14)Provide that the Secretary of Cal-EPA shall rely on the
recommendations of the CBAC when making a determination on an
extension request.
15)Establishes DTSC as the enforcing agency for the requirements
of this bill and permits them to remove non-compliant brake
pads from sale, but specifically does not authorize the recall
of vehicles to remove the illegal brake pads.
16)Requires DTSC and the State Water Resources Control Board
(SWRCB) to submit a report to the Governor and legislature not
later than January 1, 2023, on recommended actions necessary
to address any deficiencies in meeting the copper reduction
targets established by this bill.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, the bill would result in cost to DTSC and Cal-EPA
including:
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
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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
analysis of brake pads. (HWCA or BFMWPF)
7)Minor annual costs to the Secretary for Cal-EPA 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.
COMMENTS : According to 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.
According to the U.S. EPA, elevated levels of copper are toxic
to aquatic environments and may adversely affect fish,
invertebrates, plants, and amphibians. Acute toxic effects may
include mortality of organisms; chronic toxicity can result in
reductions in survival, reproduction, and growth.
Motor vehicles are a major source of toxic contaminants such as
copper, a metal that originates from vehicle exhaust and brake
pad wear. Copper and other pollutants are deposited on roads
and other impervious surfaces and then transported to aquatic
habitats via stormwater runoff.
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
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with these TMDLs will result in serious penalties to the local
governments. 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.
As part of the Green Chemistry Initiative, the Governor signed
AB 1879 (Feuer and Huffman) Chapter 559, Statutes of 2008, into
law. AB 1879 requires DTSC to adopt regulations by January 1.
2011, to identify and prioritize chemicals of concern, to
evaluate alternatives, and to specify regulatory responses where
chemicals of concern are found in consumer products. "Consumer
product" is broadly defined as a product or part of a product
that is used, bought, or leased for use by a person for any
purposes and includes auto parts like vehicle brake pads.
The enactment of this bill may have the effect of precluding any
action by DTSC on brake pads under the State Green Chemistry
statute. Specifically, the current law provides an exemption
from Green Chemistry for those products subject to regulations
similar to the Green Chemistry Statutes (H&S code 252571(c)).
This bill may be interpreted as an exemption for vehicle brake
pads from the current authority under Green Chemistry and
thereby preclude any additional science based standards for
vehicle brakes.
Analysis Prepared by : Bob Fredenburg / E.S. & T.M. / (916)
319-3965
FN: 0006773