BILL REQ. #:  Z-1196.1 

Read first time 01/20/10.   Referred to Committee on Environmental Health.

     AN ACT Relating to limiting the use of certain substances in brake friction material; adding a new chapter to Title 70 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   The legislature finds that:
     (1) Brake friction materials are an essential component of motor vehicle brakes systems and critically important to transportation safety and public safety in general;
     (2) Debris from brake friction materials containing copper and its compounds is generated and released to the surrounding environment during normal operation of motor vehicle brakes;
     (3) Thousands of pounds of copper and other substances released from brake friction material enter Washington state's streams, rivers, and marine environment every year; and
     (4) Copper is toxic to many aquatic organisms in both marine and freshwater environments, and impairs the sensory systems of salmon, reducing their ability to elude predators and hindering their return to spawning streams.

NEW SECTION.  Sec. 2   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "After-market brake friction material" means brake friction material not sold with newly manufactured vehicles.
     (2) "Alternative brake friction material" means brake friction material that:
     (a) Does not contain more than 0.5 percent copper or the constituents identified in section 4 of this act at the concentrations specified;
     (b) Enables motor vehicle brakes to meet motor vehicle safety standards for new motor vehicle brakes specified in Title 49 of the code of federal regulations;
     (c) Is available at a cost and quantity to enable brake friction material manufacturers to produce economically viable products; and
     (d) Is available to enable brake friction material manufacturers to produce viable products to meet consumer acceptance performance standards.
     (3) "Brake friction material" means that part of a motor vehicle brake designed to retard or stop the movement of a motor vehicle through friction against a rotor made of more durable material.
     (4) "Department" means the department of ecology.
     (5) "Motor vehicle" has the same meaning as defined in RCW 46.04.320.
     (6) "Motor vehicle brake" means an energy conversion mechanism used to retard or stop the movement of a motor vehicle.
     (7) "Testing agency" means an agency approved by the department as qualified and equipped for the testing of products, materials, equipment, and installations in accordance with nationally recognized standards.

NEW SECTION.  Sec. 3   (1) Beginning January 1, 2015, after-market brake friction material exceeding five percent copper and its compounds by weight may not be sold in Washington state.
     (2) Beginning January 1, 2020, new vehicles with brake friction material exceeding five percent copper and its compounds by weight may not be sold in Washington state.

NEW SECTION.  Sec. 4   (1) Beginning January 1, 2014, brake friction material containing any of the following constituents in an amount exceeding the specified concentrations may not be sold in Washington state:
     (a) Asbestiform fibers, 0.1 percent by weight.
     (b) Cadmium and its compounds, 0.01 percent by weight.
     (c) Chromium(VI)-salts, 0.1 percent by weight.
     (d) Lead and its compounds, 0.1 percent by weight.
     (e) Mercury and its compounds, 0.1 percent by weight.
     (2) By January 1, 2013, and at least every three years thereafter, brake friction material manufacturers shall provide to the department data adequate to determine the concentration of antimony, copper, nickel, and zinc and their compounds in brake friction material. Using that data and other data as needed, the department must establish baseline concentrations for those constituents in brake friction material by July 1, 2013. The department will use data provided by manufacturers to track progress toward reducing the use of copper and its compounds and to ensure that concentrations of antimony, nickel, or zinc and their compounds do not increase by more than fifty percent above baseline levels.
     (3) If data provided by manufacturers indicates that the concentration level of antimony, nickel, or zinc and their compounds has increased by more than fifty percent above baseline levels, the department shall review scientific studies to determine the potential impact of the constituent on human health and the environment. If the department determines that scientific studies demonstrate the need for controlling the use of antimony, nickel, or zinc and their compounds in brake friction material, the department shall prioritize the presence of the constituent in brake friction material for future regulation.

NEW SECTION.  Sec. 5   (1) By December 1, 2020, the department shall review risk assessments, scientific studies, and other relevant analysis regarding the availability of alternative brake friction material containing no more than 0.5 percent copper and its compounds and determine whether such alternative brake friction material may be available.
     (2) If the department finds that alternative brake friction material containing no more than 0.5 percent copper and its compounds may be available, it shall convene a brake friction material advisory committee consisting of but not limited to:
     (a) A representative of the department, who will chair the committee;
     (b) The chief of the Washington state patrol, or the chief's designee;
     (c) A representative of manufacturers of brake friction material;
     (d) A representative of manufacturers of motor vehicles;
     (e) A representative of a nongovernmental organization concerned with motor vehicle safety;
     (f) A representative of the national highway traffic safety administration; and
     (g) A representative from a nongovernmental organization concerned with the environment.
     (3) If convened, the brake friction material advisory committee shall assess alternative brake friction materials containing no more than 0.5 percent copper and its compounds. Following an assessment, the committee must recommend to the department whether an alternative brake friction material is available. Considering recommendations from the committee, the department will make a finding whether an alternative brake friction material is available.
     (a) If the department finds that alternative brake friction materials are available, then brake friction material exceeding 0.5 percent copper and its compounds by weight may not be sold in Washington state after January 1, 2025.
     (b) If the department decides that an alternative brake friction material is not available, the department shall comply with section 6 of this act.
     (4) By December 1, 2021, the department shall provide a report to the legislature documenting its findings and the recommendations of the brake friction material advisory committee. The report must also include any additional evidence of potential harm posed by copper and its compounds in the environment.

NEW SECTION.  Sec. 6   (1) If the brake friction material advisory committee recommends, pursuant to section 5 of this act, that an alternative brake friction material containing no more than 0.5 percent copper and its compounds is not available, the department shall periodically evaluate the finding. If, following a new evaluation, the department finds that an alternative brake friction material may be available, it shall reconvene a brake friction material advisory committee to conduct an assessment as described in section 5 of this act.
     (2) If the department, in consultation with the brake friction material advisory committee finds that an alternative brake friction material is available, the department shall report the finding to the legislature by December 1st of the year in which it makes the finding. Beginning five years after the report submittal date but no earlier than January 1, 2025, brake friction material exceeding 0.5 percent copper and its compounds by weight may not be sold in Washington state.

NEW SECTION.  Sec. 7   The following motor vehicle classes and brakes are exempt from this chapter:
     (1) Military combat vehicles;
     (2) Vehicles employing internal closed oil immersed motor vehicle brakes or a similar brake system that is fully contained and emits no debris or fluids under normal operating conditions; and
     (3) Motor vehicle brakes designed for the primary purpose of holding vehicles stationary and not for use while vehicles are in motion.

NEW SECTION.  Sec. 8   (1) By December 1, 2012, the department must, after consulting with interested parties, develop criteria for certifying compliance with the requirements of this chapter and marking proof of certification on brake friction material.
     (2) Beginning January 1, 2015:
     (a) Manufacturers of brake friction material offered for sale in Washington state must obtain, from a testing agency, certification of compliance with the requirements of this chapter as they take effect pursuant to sections 3 and 4 of this act and mark proof of certification on the brake friction material; and
     (b) Retailers of brake friction material must ensure that they only offer for sale in Washington state brake friction material certified to be compliant with the requirements of this chapter.
     (3) Beginning January 1, 2020, manufacturers of new motor vehicles offered for sale in Washington state must ensure that the motor vehicles are equipped with brake friction material certified to be compliant with the requirements of this chapter.

NEW SECTION.  Sec. 9   (1) A violator of this chapter is subject to a civil fine of up to ten thousand dollars per day per violation. A violation of this chapter includes, but is not limited to, the sale of motor vehicles with brake friction material that does not comply with this chapter and falsifying certification of compliance with this chapter.
     (2) The department shall enforce this chapter.

NEW SECTION.  Sec. 10   The department may adopt rules to implement this chapter.

NEW SECTION.  Sec. 11   Sections 1 through 10 of this act constitute a new chapter in Title 70 RCW.

NEW SECTION.  Sec. 12   If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.