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AB-3014 Brake friction materials: copper limits: high-performance road- and track-capable vehicle exemption.(2017-2018)

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Date Published: 06/07/2018 09:00 PM
AB3014:v96#DOCUMENT

Amended  IN  Senate  June 07, 2018
Amended  IN  Assembly  April 12, 2018
Amended  IN  Assembly  March 23, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill
No. 3014


Introduced by Assembly Member Quirk

February 16, 2018


An act to amend Section 25250.55 of the Health and Safety Code, relating to hazardous materials.


LEGISLATIVE COUNSEL'S DIGEST


AB 3014, as amended, Quirk. Brake friction materials: copper limits: high performance road and track capable high-performance road- and track-capable vehicle exemption.
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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 25250.55 of the Health and Safety Code is amended to read:

25250.55.
 (a) Brake friction materials for the following motor vehicle classes are exempt from this article:
(1) Military tactical support vehicles.
(2) 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.
(3) Brakes designed for the primary purpose of holding the vehicle stationary and not designed to be used while the vehicle is in motion.
(4) Motorcycles.
(5) Motor vehicles subject to voluntary or mandatory recalls of brake friction materials or systems due to safety concerns. This exemption shall expire upon the lifting of the recall and provision of new brake friction materials that comply with this article.
(6) Motor vehicles manufactured by small volume manufacturers, as defined in Section 1900 of Title 13 of the California Code of Regulations.
(b) Vehicles manufactured prior to January 1, 2021, and brake friction materials for use on vehicles manufactured prior to January 1, 2021, are exempt from the requirements of Section 25250.52.
(c) Vehicles manufactured prior to January 1, 2025, and brake friction materials for use on vehicles manufactured prior to January 1, 2025, are exempt from the requirements of Section 25250.53.
(d) High performance road and track capable vehicles and (1) A high-performance road- and track-capable vehicle and brake friction materials material for use on those vehicles such a vehicle are exempt from the requirements of Section 25250.52. 25250.52 if the seller first receives approval for the exemption from the department pursuant to paragraph (2).
(2) The department shall 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 the requirements of Section 25250.52. 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 this paragraph shall not exceed 30 percent copper by weight.
(3) For purposes of this subdivision, “high-performance road- and track-capable vehicle” means a motor vehicle for which all of the following apply:
(A) (i) The motor vehicle has vehicle content or design features that enable it to operate at a higher performance level than motor vehicles produced with standard content.
(ii) Examples of the vehicle content or design features referenced in clause (i) include, but are not limited to, performance brakes, performance tires, additional specific cooling for the engine, transmission, brakes, or fluids, aero panels, including spoilers, and additional engine horsepower and torque.
(B) The motor vehicle is specifically marketed by the manufacturer for use on closed racecourses, such as racetracks, drag strips, or street racing courses.
(C) The motor vehicle is street legal, unless it is specifically advertised as off-road only.
(e) Vehicles for which an extension for noncompliance with the requirements of Section 25250.53 was approved pursuant to Section 25250.54 are exempt from Section 25250.53 for the period of the extension.