California 2009-2010 Regular Session Status: To Executive

SB 346 — Hazardous materials: motor vehicle brake friction materials.

Last action — Chaptered by Secretary of State. Chapter 307, Statutes of 2010.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

(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.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 307, Statutes of 2010.

  2. Approved by Governor.

  3. Enrolled. To Governor at 3:30 p.m.

  4. Senate concurs in Assembly amendments. (Ayes 31. Noes 6. Page 5067.) To enrollment.

  5. In Senate. To unfinished business.

  6. Read third time. Passed. (Ayes 70. Noes 3. Page 6849.) To Senate.

  7. Read third time. Amended. (Page 6679.) To third reading.

  8. Assembly Rule 69(d) suspended. (Ayes 49. Noes 27. Page 6491.)

  9. Read third time. Amended. (Page 6450.) To third reading.

  10. Assembly Rule 69(b) suspended. (Page 6449.)

  11. 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.

  12. Re-referred to Com. On E.S. & T.M. pursuant to Assembly Rule 77.2.

  13. Read third time. Amended. (Page 6429.)

  14. Read second time. To third reading.

  15. (Heard in committee on August 12.)

  16. From committee: Do pass. (Ayes 12. Noes 5.)

  17. Set, first hearing. Referred to APPR. suspense file.

  18. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on APPR.

  19. Read second time. Amended. Re-referred to Com. on APPR.

  20. (Heard in Committee on June 15.)

  21. From committee: Do pass as amended, but first amend, and re-refer to Com. on APPR. (Ayes 6. Noes 3.)

  22. (June 7 amended measure version corrected June 8.)

  23. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on E.S. & T.M.

  24. Set, first hearing. Hearing canceled at the request of author.

  25. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on E.S. & T.M.

  26. To Com. on E.S. & T.M.

  27. In Assembly. Read first time. Held at Desk.

  28. Read third time. Passed. (Ayes 22. Noes 16. Page 1193.) To Assembly.

  29. Read second time. To third reading.

  30. Read third time. Amended. To second reading.

  31. Read second time. To third reading.

  32. From committee: Do pass. (Ayes 8. Noes 5. Page 1026.)

  33. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on APPR.

  34. Set for hearing May 26.

  35. Hearing postponed by committee.

  36. Set for hearing May 18.

  37. Set, first hearing. Hearing canceled at the request of author.

  38. Set for hearing May 11.

  39. Read second time. Amended. Re-referred to Com. on APPR.

  40. From committee: Do pass as amended, but first amend, and re-refer to Com. on APPR. (Ayes 5. Noes 2. Page 585.)

  41. (Corrected April 13.)

  42. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on EQ.

  43. Set for hearing April 20.

  44. To Com. on EQ.

  45. From print. May be acted upon on or after March 28.

  46. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Kehoe · Primary
  • Simitian · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 1 co-sponsors · 120 not signed on · 2 voted No

Sponsors (1)

  • Kehoe

Co-sponsors (1)

  • Simitian

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Unfinished Business SB346 Kehoe

Passed 32 Yea · 6 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 29602
Democratic 2000
Republican 1000
Total 32602
% of votes cast 80%15%0%5%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Cedillo — Yea
Wyland — Yea
Cogdill — Nay
Harman — Yea
Huff — Yea
Kehoe — Yea
Leno — Yea
Lowenthal — Yea
Negrete — Yea
Corbett — Yea
Ducheny — Yea
McLeod — Yea
Runner — Nay
Dutton — Yea
Ashburn — Nay
Pavley — Yea
Romero — Yea
Steinberg — Yea
Wiggins — Not Voting
Wolk — Yea
Aanestad — Nay
Alquist — Yea
Blakeslee — Yea
Hollingsworth — Nay
Liu — Yea
Oropeza — Not Voting
Price — Yea
Simitian — Yea
Walters — Yea
Wright — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Denham — Nay
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

SB 346 Kehoe Senate Third Reading By FLETCHER

Passed 81 Yea · 3 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 75306
Democratic 3000
Republican 3000
Total 81306
% of votes cast 90%3%0%7%
How each member voted (90)
Member Party Vote
Carter — Yea
Chesbro — Yea
Cook — Yea
Coto — Yea
Tom — Yea
Evans — Yea
Feuer — Yea
Fuentes — Yea
Fuller — Yea
Furutani — Yea
Charles — Yea
Galgiani — Yea
Gilmore — Yea
Hagman — Yea
Hall — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Fong — Yea
Ammiano — Yea
Bass — Yea
Block — Yea
Davis — Yea
Hayashi — Yea
Hernandez — Yea
Hill — Yea
Jeffries — Yea
Yamada — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
John — Yea
A. — Yea
Perez — Yea
Bill — Not Voting
Conway — Nay
Garrick — Not Voting
Knight — Not Voting
Mendoza — Yea
Anderson — Nay
Miller — Yea
Monning — Yea
Nava — Yea
Norby — Yea
Silva — Yea
Smyth — Yea
Solorio — Yea
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Tran — Yea
Adams — Yea
Beall — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Huber — Yea
Huffman — Yea
Lieu — Yea
Logue — Yea
Ma — Not Voting
Nestande — Yea
Nielsen — Yea
Ruskin — Yea
Skinner — Yea
Torres — Yea
Villines — Yea
Eng — Yea
DeVore — Not Voting
Gatto — Yea
Beth Gaines — Nay
Bill Berryhill — Yea
Bill Berryhill — Not Voting
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 13 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13500
Total 13500
% of votes cast 72%28%0%0%
How each member voted (18)
Member Party Vote
Hall — Yea
Fuentes — Yea
Gatto — Yea
De — Yea
Leon — Yea
Conway — Nay
Harkey — Nay
Miller — Nay
Nielsen — Nay
Norby — Nay
Solorio — Yea
Torrico — Yea
Bradford — Yea
Huffman — Yea
Skinner — Yea
Torlakson — Yea
Coto — Yea
Davis — Yea

Official roll call →

Senate 3rd Reading SB346 Kehoe

Passed 23 Yea · 16 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 211501
Democratic 2000
Republican 0100
Total 231601
% of votes cast 58%40%0%3%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Ashburn — Nay
Cedillo — Yea
Corbett — Yea
Ducheny — Yea
Kehoe — Yea
Leno — Yea
Liu — Yea
Oropeza — Yea
Pavley — Yea
Romero — Yea
Wiggins — Yea
Wolk — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Not Voting
Harman — Nay
Huff — Nay
Maldonado — Nay
Walters — Nay
Benoit — Nay
Dutton — Nay
Aanestad — Nay
Alquist — Yea
Hollingsworth — Nay
McLeod — Yea
Simitian — Yea
Steinberg — Yea
Wright — Nay
Wyland — Nay
Cogdill — Nay
Correa — Nay
Cox — Nay
DeSaulnier — Yea
Denham — Nay
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 8 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 8500
Total 8500
% of votes cast 62%38%0%0%
How each member voted (13)
Member Party Vote
Yee — Yea
Wyland — Nay
Hancock — Yea
Runner — Nay
Leno — Yea
Oropeza — Yea
Kehoe — Yea
Walters — Nay
Wolk — Yea
Corbett — Yea
Cox — Nay
DeSaulnier — Yea
Denham — Nay

Official roll call →

Subjects

environment transportation
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Frequently asked questions

What does SB 346 do?
(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.
Who sponsors SB 346?
SB 346 is sponsored by Kehoe and Simitian.
What is the current status of SB 346?
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 346?
Track SB 346 free on One Click Politics — get push/email alerts when it moves.

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