STATE OF NEW YORK
________________________________________________________________________
8607
2017-2018 Regular Sessions
IN ASSEMBLY
July 10, 2017
___________
Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
tee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to limiting the
use of certain substances in brake friction material
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative findings. The legislature finds that brake
2 friction is an essential component of motor vehicle brakes and is crit-
3 ically important to transportation safety and public safety in general.
4 Debris from brake friction materials containing copper and its compounds
5 is generated and released into the environment during normal operation
6 of motor vehicle brakes. Thousands of pounds of copper and other
7 substances released from brake friction material enter New York state
8 streams, rivers and marine environments as a result of the normal opera-
9 tion of motor vehicle brakes. The legislature finds that brake friction
10 materials are toxic to many aquatic and marine organisms and must be
11 regulated to ensure the quality, safety, and health of the state's
12 waterways.
13 § 2. The vehicle and traffic law is amended by adding a new section
14 382-d to read as follows:
15 § 382-d. Brake friction material. 1. Definitions. (a) "Alternative
16 brake friction material" means brake material that: (i) does not
17 contain: (A) more than 0.5 percent copper or its compounds by weight;
18 (B) the constituents identified in subdivision two of this section at or
19 above the concentrations specified; or (C) other materials determined by
20 the department to be more harmful to human health or the environment
21 than existing brake friction material; (ii) enables motor vehicle brakes
22 to meet applicable federal safety standards, or if no federal safety
23 standard exists, a widely accepted industry standard; (iii) is available
24 at a cost and quantity that does not cause significant financial hard-
25 ship across a majority of brake friction material and vehicle manufac-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01572-01-7
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1 turing industries; and (iv) is available to enable brake friction mate-
2 rial and vehicle manufacturers to produce viable products meeting
3 consumer expectations regarding brake noise, shuddering and durability.
4 (b) "Brake friction material" means that part of a motor vehicle brake
5 designed to slow or stop the movement of a motor vehicle through fric-
6 tion made against a rotor or more durable material.
7 (c) "Motor vehicle" means a vehicle as defined by section one hundred
8 twenty-five of this chapter; provided, however, for the purposes of this
9 section such term shall not include a motorcycle as defined by section
10 one hundred twenty-three of this chapter.
11 (d) "Motor vehicle brake" means an energy conversion mechanism used to
12 slow or stop the movement of a motor vehicle but does not include brakes
13 designed primarily to hold motor vehicles stationary and are not for use
14 while motor vehicles are in motion.
15 (e) "Original equipment service" means brake friction material
16 provided as service parts originally designed for and using the same
17 brake friction material formulation sold with a new motor vehicle.
18 (f) "Small volume motor vehicle manufacturer" means a manufacturer of
19 motor vehicles with annual sales in New York of less than one thousand
20 new passenger cars, light-duty vehicles, heavy-duty vehicles, and heav-
21 y-duty engines based on the average number of vehicles sold for the
22 three previous consecutive model years.
23 2. Prohibitions on brake friction material. (a) Beginning January
24 first, two thousand twenty, no manufacturer, wholesaler, retailer, or
25 distributor may sell or offer for sale brake friction material in New
26 York state containing any of the following constituents in an amount
27 exceeding the specified concentrations:
28 (i) asbestiform fibers: 0.1 percent by weight;
29 (ii) cadmium and its compounds: 0.01 percent by weight;
30 (iii) chromium (VI) salts: 0.1 percent by weight;
31 (iv) lead and its compounds: 0.1 percent by weight;
32 (v) mercury and its compounds: 0.1 percent by weight.
33 (b) Beginning on January first, two thousand twenty-seven no manufac-
34 turer, wholesaler, retailer, or distributor may sell or offer for sale
35 brake friction material in New York state containing more than five
36 percent copper and its compounds by weight.
37 (c) Brake friction material manufactured prior to two thousand twenty
38 is exempt from the deadline mandated by paragraph (a) of this subdivi-
39 sion for the purposes of clearing inventory; provided, however that such
40 exemption shall not extend beyond January first, two thousand thirty.
41 (d) Brake friction material manufactured prior to two thousand twen-
42 ty-seven is exempt from the deadline mandated by paragraph (b) of this
43 subdivision for the purposes of clearing inventory; provided, however,
44 that such exemption shall not extend beyond January first, two thousand
45 thirty-seven.
46 (e) Brake friction material manufactured as part of an original equip-
47 ment service contract for vehicles manufactured prior to January first,
48 two thousand twenty, is exempt from the deadline mandated in paragraph
49 (a) of this subdivision.
50 (f) Brake friction material manufactured as part of an original equip-
51 ment service contract for vehicles manufactured prior to January first,
52 two thousand twenty-seven, is exempt from the deadline mandated in para-
53 graph (b) of this subdivision.
54 3. Department review of alternative brake friction material. (a) On or
55 before December first, two thousand twenty, the department shall review
56 risk assessments, scientific studies, and other relevant analyses
A. 8607 3
1 regarding brake friction material and determine whether the material may
2 be available. The department shall consider any new science with regard
3 to the bioavailability and toxicity of copper.
4 (b) If the department finds the alternative brake friction material
5 may be available, it shall:
6 (i) by December thirty-first of the year the finding is made, publish
7 such information and present it in a report to the appropriate legisla-
8 tive committees. Such report shall include recommendations for
9 exemptions on original equipment service and brake friction material
10 manufactured prior to dates specified in this section and may include
11 recommendations for other exemptions; and
12 (ii) convene a brake friction material advisory committee which shall
13 include:
14 (A) the commissioner, or his or her designee, who will chair the
15 committee;
16 (B) a representative of manufacturers of brake friction material;
17 (C) a representative of manufacturers of motor vehicles;
18 (D) a representative of the national highway traffic safety adminis-
19 tration; and
20 (E) a representative of a nongovernmental organization whose primary
21 purpose or organizing principle is protection of the environment.
22 (c) The committee established in paragraph (b) of this subdivision
23 shall separately assess alternative brake friction material for passen-
24 ger vehicles, light-duty vehicles and heavy-duty vehicles and make
25 recommendations to the department as to whether alternative brake fric-
26 tion material is available or unavailable for each.
27 (d) Beginning eight years after the committee established in paragraph
28 (b) of this subdivision confirms that alternative brake friction materi-
29 al is available subsequent to the publication in the New York State
30 Register of the report referenced in subparagraph (i) of paragraph (b)
31 of this subdivision no manufacturer, wholesaler, retailer, or distribu-
32 tor may sell or offer for sale brake friction material in New York state
33 containing more than 0.5 percent copper and its compounds by weight, as
34 specified in the report.
35 (e) The department shall adopt rules to implement this subdivision.
36 4. Application for exemptions. Any motor vehicle manufacturer or brake
37 friction material manufacturer may apply to the department for an
38 exemption from this section for brake friction material intended for a
39 specific motor vehicle model or class of motor vehicles based on special
40 needs or characteristics of the motor vehicles for which the brake fric-
41 tion material is intended. Exemptions may be issued for small volume
42 motor vehicle manufacturers, specific motor vehicle models, or special
43 classes of vehicles, including, but not limited to, fire trucks, police
44 cars, and heavy or wide load equipment hauling; provided, however, that
45 the manufacturer can demonstrate that complying with the requirements of
46 this section does not allow compliance with safety standards, or causes
47 significant financial hardship. Exemptions are valid for no less than
48 one year and may be renewed automatically as needed. Exemptions may also
49 be permanent, provided that they are designated as such and provided
50 that the vehicle is used solely in the manner described in the applica-
51 tion.
52 5. Reporting requirements. (a) By January first, two thousand nine-
53 teen, and at least every three years thereafter, manufacturers of brake
54 friction material sold or offered for sale in New York shall provide
55 data to the department adequate to enable the department to determine
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1 concentrations of antimony, copper, nickel and zinc and their compounds
2 in brake friction material sold or offered for sale in New York.
3 (b) Using this data and other data as needed, and in consultation with
4 the brake friction material manufacturing industry, the department
5 shall:
6 (i) by July first, two thousand nineteen, establish baseline concen-
7 tration levels for constituents identified in brake friction material;
8 (ii) track progress toward reducing the use of copper and its
9 compounds and ensure that concentration levels of antimony, copper,
10 nickel or zinc and their compounds do not increase by more than fifty
11 percent above baseline concentration levels; and
12 (iii) if concentration levels of antimony, copper, nickel or zinc and
13 their compounds in brake friction material increase above baseline
14 concentration levels, the department shall review scientific studies to
15 determine the potential impact of the constituent on human health and
16 the environment. If scientific studies demonstrate the need for control-
17 ling the use of the constituent in brake friction material, the depart-
18 ment may recommend limits on concentration levels of such constituent
19 material.
20 6. Compliance. (a) Manufacturers of brake friction material offered
21 for sale in New York must certify compliance with requirements of this
22 section and mark proof of certification on the brake friction material
23 in accordance with criteria implemented pursuant to this subdivision.
24 (b) By December first, two thousand eighteen, the department shall,
25 after consulting with interested parties, develop compliance criteria to
26 meet the requirements of this section. Compliance criteria shall
27 include, but not be limited to, (i) self-certification of compliance by
28 brake friction material manufacturers and (ii) marked proof of certif-
29 ication, including manufacture date, on brake friction material and
30 product packaging. Marked proof of certification must appear by January
31 first, two thousand twenty.
32 (c) Beginning January first, two thousand twenty-seven, manufacturers
33 of new motor vehicles offered for sale in New York must ensure that
34 motor vehicles are equipped with brake friction material certified to be
35 compliant with the requirements of this section.
36 7. Civil penalty. (a) A brake friction material manufacturer that
37 knowingly violates this section shall recall the brake friction material
38 and reimburse the brake friction distributor, retailer, or any other
39 purchaser for the material and any applicable shipping and handling
40 charges for returning the material. A brake friction material manufac-
41 turer that violates this section is subject to a civil penalty not to
42 exceed ten thousand dollars for each violation.
43 (b) A motor vehicle distributor or retailer that knowingly violates
44 this section is subject to a civil penalty not to exceed ten thousand
45 dollars for each violation. A motor vehicle distributor or retailer is
46 not in violation of this section for selling a vehicle that was previ-
47 ously sold at retail and that contains brake friction material failing
48 to meet the requirements of this chapter. However, if the department
49 conclusively proves that the motor vehicle distributor or retailer
50 installed brake friction material that violates this section on the
51 vehicle being sold and was aware that the brake friction material
52 violates this section, the motor vehicle distributor or retailer is
53 subject to civil penalties under this section.
54 (c) A motor vehicle manufacturer that violates this section must noti-
55 fy the registered owner of the vehicle within six months of knowledge of
56 the violation and must replace at no cost to the owner the noncompliant
A. 8607 5
1 brake friction material with brake friction material that complies with
2 this section. A motor vehicle manufacturer that fails to provide the
3 required notification to registered owners of the affected vehicles
4 within six months of knowledge of the violation is subject to a civil
5 penalty not to exceed one hundred thousand dollars. A motor vehicle
6 manufacturer that fails to provide the required notification to regis-
7 tered owners of the affected vehicles after twelve months of knowledge
8 of the violation is subject to a civil penalty not to exceed ten thou-
9 sand dollars per vehicle.
10 8. Education. The department shall, by January first, two thousand
11 eighteen, prepare and distribute information about the prohibitions to
12 manufacturers, distributors, and retailers to the maximum extent practi-
13 cable.
14 9. Rules and regulations. The commissioner shall have the power to
15 enact rules and regulations to implement the provisions of this section.
16 § 3. This act shall take effect immediately.
