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, commencing on January 1, 2021, prohibits motor vehicle brake friction materials containing more than 5% copper by weight from being sold in the state, and, commencing on January 1, 2025, prohibits motor vehicle brake friction materials exceeding 0.5% copper by weight from being sold in the state.

This bill would exempt high performance road and track capable vehicles and high-performance road- and track-capable vehicles and brake friction materials for use on those vehicles from the prohibition against the sale of motor vehicle brake friction materials containing more than 5% copper by weight on and after January 1, 2021. 2021, if the seller first receives approval for the exemption from the department. The bill would require the department to annually exempt no more than 10,000 high-performance road- and track-capable vehicles, and brake friction materials for use on those vehicles, per manufacturer of those vehicles or materials from that prohibition and would require that brake friction material on a high-performance road- and track-capable vehicle, and brake friction material for use on one of those vehicles, exempted pursuant to these provisions not exceed 30% copper by weight.

The bill would also make nonsubstantive changes.

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, commencing on January 1, 2021, prohibits motor vehicle brake friction materials containing more than 5% copper by weight from being sold in the state, and, commencing on January 1, 2025, prohibits motor vehicle brake friction materials exceeding 0.5% copper by weight from being sold in the state.

This bill would exempt high performance road and track capable vehicles and brake friction materials for use on those vehicles from the prohibition against the sale of motor vehicle brake friction materials containing more than 5% copper by weight on and after January 1, 2021.

The bill would make nonsubstantive changes.

The Employee Housing Act requires that buildings used for human habitation, and buildings accessory thereto, comply with the building standards in the California Building Standards Code relating to employee housing, as defined.

This bill would make a nonsubstantive change to the provision naming that act.

Date of Hearing: April 25, 2018

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 3014

Author:(Quirk) – As Amended Ver:April 12, 2018

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill exempts high performance road-and-track capable vehicles, and the vehicles’ brake friction materials, from the requirement that brake friction materials contain no more than 5% copper by weight by January 1, 2021.

FISCAL EFFECT:

Minor DTSC costs to update its website, factsheets and outreach materials.

COMMENTS:

Purpose and Background. SB 346 (Kehoe), Chapter 307, Statutes of 2010, prohibits the sale of automobile brake pads containing more than trace amounts of copper, certain heavy metals, and asbestos. The purpose of SB 346 is to reduce the amount of copper and other toxic substances released from brakes and entering California’s streams, rivers, and marine environment.

SB 346 phased-in the sales bans on various types of brake pads. In 2014, SB 346 banned brake pads containing more than trace amounts of heavy metals and asbestos. In 2021, brake pads containing more than 5% copper will no longer be allowed to be sold in California, and by 2025, the law reduces the amount of copper allowed to almost zero.

Copper is toxic to many aquatic organisms and limiting the copper content of brakes is essential to complying with the federal Clean Water Act, including copper water quality standards and total maximum daily loads (TMDLs) in California’s urban watersheds.

High performance road-and-track capable vehicles are cars that can legally drive on the road but also have the power to perform on a race track. These cars have engines and brakes that are different than typical vehicles. Due to technological challenges, manufacturers have not yet been able to develop brake pads for these high performance road-and-track capable vehicles that are able to meet the copper reduction limits (no more than 5% copper) by the 2021 deadline.

This bill provides a narrow exemption from the 2021 deadline, but continues to require these vehicles to meet the 2025 deadline that limits the amount of copper in brakes to almost zero.

Analysis Prepared by: Jennifer Galehouse / APPR. / (916) 319-2081

Date of Hearing: April 10, 2018

ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS

Bill Quirk, Chair

ABPCA Bill Id:AB 3014 (

Author:Quirk) – As Amended Ver:March 23, 2018

SUBJECT: Brake friction materials: copper limits: high performance road and track capable vehicle exemption

SUMMARY: Exempts high performance road and track capable vehicles and brake friction materials for use on those vehicles from the requirement that those brake friction materials contain no more than 5 percent copper by weight by January 1, 2021.

EXISTING LAW:

1) Prohibits, on and after January 1, 2014, any motor vehicle brake friction materials from being sold in California if they contain the following constituents and exceed the following concentrations: cadmium (0.01 percent by weight); chromium (VI)-salts (0.1 percent by weight); lead (0.1 percent by weight); mercury (0.1 percent by weight); and, asbestiform fibers (0.1 percent by weight). (Health and Safety Code (HSC) § 25250.51 (a))

2) Authorizes motor vehicle manufacturers and distributors, wholesalers, or retailers of replacement brake friction materials to continue to sell non-compliant brake friction materials, until December 31, 2023, for the sole purpose of depleting their inventory. (HSC § 25250.51 (b))

3) Prohibits, on and after January 1, 2021, any motor vehicle brake friction material from being sold in California if it exceeds 5 percent copper weight. (HSC § 25250.52)

4) Prohibits, on and after January 1, 2025, any motor vehicle brake friction material from being sold in California if it exceeds 0.5 percent copper weight. (HSC § 25250.53)

5) Exempts brake friction materials from the requirements of having to meet certain concentrations of specific constituents for the following vehicle classes:

(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;

(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 for use on vehicles manufactured prior to January 1, 2021, from the requirements of HSC 25250.52; and,

(h) Vehicles manufactured prior to January 1, 2025, and brake friction materials for use on vehicles manufactured prior to January 1, 2025, from the requirements of HSC 25250.53. (HSC § 25250.55)

6) Requires, on or before January 1, 2023, the Department of Toxic Substances Control (DTSC) and the California State Water Resources Control Board (State Water Board) to submit to the Governor and Legislature a report on the implementation of vehicle brake copper reduction efforts and the progress toward meeting the copper total maximum daily load (TMDL) allocations in the state. (HSC § 25250.65)

FISCAL EFFECT: Unknown.

COMMENTS:

Need for the bill: According to the author: "In 2010, the Legislature passed SB 346 (Kehoe) which limited the use of copper in motor vehicle brake pads. The automotive industry is working to achieve the 0.5 percent copper solutions for all vehicles, as well the intermediate solution of less than 5% copper subject to the 2021 deadline. However, few technical solutions exist in the intermediate copper range for high performance road and track capable vehicles, none of which have been found to satisfy the entire industry. For some high-performance road and track-capable vehicles, the industry is just now beginning to identify friction material technology that will support the regulation. Due to the requirement to perform on the track in addition to the road, implementation of very low copper friction solutions require significant re-engineering of the brake system to integrate successfully to achieve critical safety and performance requirements.

AB 3014 provides a narrow exemption for high performance road and track capable vehicles, and brake friction materials for use on these vehicles, from the 2021 deadline. Manufacturers of these vehicles will continue to pursue and would be required to achieve the 0.5% copper requirement for all vehicles being sold in the state by 2025. By excluding track capable vehicles from the 2021 deadline, the automotive industry will be able to remain competitive in California while it works to reduce copper levels by January 1, 2025."

Copper in the aquatic environment: According to the U.S. EPA, elevated levels of copper are toxic in 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 storm water runoff.

Total Maximum Daily Loads (TMDLs): The State Water Board has established 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 local governments. The ubiquity of copper in the urban environment, and the technical difficulty and impracticality of treating storm water to remove it, mean that compliance with copper TMDLs will not be feasible without source reduction of copper, such as reducing copper from brake pads.

DTSC: DTSC was established to protect California against threats to public health and degradation to the environment and to restore properties degraded by past environmental contamination. Through its statutory mandates, DTSC cleans up existing contamination, regulates management of hazardous wastes, and prevents pollution by working with businesses to reduce their hazardous waste and use of toxic materials.

California copper brake pad law: On September 27, 2010, Governor Schwarzenegger signed SB 346 (Kehoe, Chapter 307, Statutes of 2010) which prohibits the sale of automobile brake pads sold in California containing more than trace amounts of copper, certain heavy metals, and asbestos. The purpose is to reduce the amount of copper and other toxic substances released from brakes from entering California’s streams, rivers, and marine environment.

SB 346 phased in the bans. In 2014, it banned brake pads containing more than trace amounts of heavy metals and asbestos. In 2021 it bans brake pads containing more than 5 percent copper. By 2025, the law reduces the amount of copper allowed to almost zero. Copper is toxic to many aquatic organisms and limiting the copper content of brakes is essential to comply with a federal Clean Water Act mandate, including copper water quality standards and TMDLs in California’s urban watersheds.

SB 346 requires manufacturers to comply with laboratory testing and certify with a mark that their products comply with the restrictions set for brake pads. DTSC, the Washington State Department of Ecology, and the Society of Automotive Engineers (SAE) Brake Materials Environmental Task Force have developed criteria for testing and marking brake pads that meet state laws and regulations. Washington State passed a law similar to SB 346 in 2010 and adopted regulations in 2012.

High performance and track capable vehicles: What is a track capable vehicle? Essentially, it's a car that can legally drive on the road and also has the power to race on a race track. These track capable cars may include some cars that look like race cars but also include regular looking cars on the outside but have engines and brakes that are different than the rest of the vehicles. As a result of technical challenges, manufacturers have not yet developed brake pads for these high performance and track capable vehicles that meet the copper reduction limits for the 2021 deadline. Therefore, AB 3014 provides these track capable vehicles with a narrow exemption from that deadline but continues to hold these vehicles to the 2025 deadline.

Technical amendments: There is an incorrect code reference in the bill, specifically the committee and author may wish to make the following technical amendment:

On page 3, on line 6, strike "25205.52" and insert "25250.52"

Related Legislation:

1) AB 501 (Nazarian, Chapter 392, Statutes of 2013). Authorizes motor vehicle dealers to continue to sell or offer for sale brake friction material not certified as compliant with the chemical standards, if the brake friction material was installed on a vehicle before the dealer acquired the vehicle. Exempts specified motortrucks or two-axle truck tractors from the motor carrier permit requirements.

2) SB 346 (Kehoe, Chapter 307, Statues of 2010). Restricts the use of copper and other toxic chemicals in automobile brake pads. Limits the use of copper in motor vehicle brake pads to no more than five percent by weight on or after January 1, 2021, and no more than .5 percent by weight on or after January 2025.

REGISTERED SUPPORT / OPPOSITION:

Support

Alliance of Automobile Manufacturers

Opposition

None on file.

Analysis Prepared by: Josh Tooker / E.S. & T.M. /