Christine Kehoe
- Democratic
Author
(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.
Chaptered by Secretary of State. Chapter 307, Statutes of 2010.
Approved by Governor.
Enrolled. To Governor at 3:30 p.m.
Senate concurs in Assembly amendments. (Ayes 31. Noes 6. Page 5067.) To enrollment.
Read third time. Passed. (Ayes 70. Noes 3. Page 6849.) To Senate.
In Senate. To unfinished business.
Read third time. Amended. (Page 6679.) To third reading.
Assembly Rule 69(d) suspended. (Ayes 49. Noes 27. Page 6491.)
Read third time. Amended. (Page 6429.)
Read third time. Amended. (Page 6450.) To third reading.
Assembly Rule 69(b) suspended. (Page 6449.)
Action rescinded whereby the bill was read a third time, amended, and re-referred to Com. on E.S. & T.M. pursuant to Assembly Rule 77.2.
Re-referred to Com. On E.S. & T.M. pursuant to Assembly Rule 77.2.
Read second time. To third reading.
From committee: Do pass. (Ayes 12. Noes 5.)
(Heard in committee on August 12.)
Set, first hearing. Referred to APPR. suspense file.
From committee with author's amendments. Read second time. Amended. Re-referred to Com. on APPR.
Read second time. Amended. Re-referred to Com. on APPR.
(Heard in Committee on June 15.)
From committee: Do pass as amended, but first amend, and re-refer to Com. on APPR. (Ayes 6. Noes 3.)
From committee with author's amendments. Read second time. Amended. Re-referred to Com. on E.S. & T.M.
(June 7 amended measure version corrected June 8.)
Set, first hearing. Hearing canceled at the request of author.
From committee with author's amendments. Read second time. Amended. Re-referred to Com. on E.S. & T.M.
To Com. on E.S. & T.M.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 22. Noes 16. Page 1193.) To Assembly.
Read second time. To third reading.
Read third time. Amended. To second reading.
Read second time. To third reading.
From committee: Do pass. (Ayes 8. Noes 5. Page 1026.)
From committee with author's amendments. Read second time. Amended. Re-referred to Com. on APPR.
Set for hearing May 26.
Hearing postponed by committee.
Set for hearing May 18.
Set, first hearing. Hearing canceled at the request of author.
Set for hearing May 11.
Read second time. Amended. Re-referred to Com. on APPR.
From committee: Do pass as amended, but first amend, and re-refer to Com. on APPR. (Ayes 5. Noes 2. Page 585.)
(Corrected April 13.)
From committee with author's amendments. Read second time. Amended. Re-referred to Com. on EQ.
Set for hearing April 20.
To Com. on EQ.
From print. May be acted upon on or after March 28.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB346 | HTML |
| 02/25/09 - Introduced | |
| 04/02/09 - Amended Senate | |
| 04/23/09 - Amended Senate | |
| 05/20/09 - Amended Senate | |
| 06/01/09 - Amended Senate | |
| 06/24/09 - Amended Assembly | |
| 06/07/10 - Amended Assembly | |
| 06/21/10 - Amended Assembly | |
| 08/02/10 - Amended Assembly | |
| 08/20/10 - Amended Assembly | |
| 08/25/10 - Amended Assembly | |
| 09/02/10 - Enrolled | |
| 09/27/10 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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