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 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 the state. 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 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 brake friction materials used for certain motor vehicle classes from its requirements and would exempt from certain prohibitions the sale of vehicles or brake friction materials manufactured prior to certain dates. 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. (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.