S T A T E   O F   N E W   Y O R K
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                                  9202

                          I N  A S S E M B L Y

                            February 3, 2012
                               ___________

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:

  Section 1. Legislative findings.  The  legislature  finds  that  brake
friction  is an essential component of motor vehicle brakes and is crit-
ically important to transportation safety and public safety in  general.
Debris from brake friction materials containing copper and its compounds
is  generated  and released into the environment during normal operation
of motor vehicle  brakes.  Thousands  of  pounds  of  copper  and  other
substances  released  from  brake friction material enter New York state
streams, rivers and marine environments as a result of the normal opera-
tion of motor vehicle brakes. The legislature finds that brake  friction
materials  are  toxic  to  many aquatic and marine organisms and must be
regulated to ensure the quality,  safety,  and  health  of  the  state's
waterways.
  S  2.  The  vehicle and traffic law is amended by adding a new section
382-d to read as follows:
  S 382-D. BRAKE FRICTION MATERIAL.  1.  DEFINITIONS.  (A)  "ALTERNATIVE
BRAKE  FRICTION  MATERIAL"  MEANS  BRAKE  MATERIAL  THAT:  (I)  DOES NOT
CONTAIN: (A) MORE THAN 0.5 PERCENT COPPER OR ITS  COMPOUNDS  BY  WEIGHT;
(B) THE CONSTITUENTS IDENTIFIED IN SUBDIVISION TWO OF THIS SECTION AT OR
ABOVE THE CONCENTRATIONS SPECIFIED; OR (C) OTHER MATERIALS DETERMINED BY
THE  DEPARTMENT  TO  BE  MORE HARMFUL TO HUMAN HEALTH OR THE ENVIRONMENT
THAN EXISTING BRAKE FRICTION MATERIAL; (II) ENABLES MOTOR VEHICLE BRAKES
TO MEET APPLICABLE FEDERAL SAFETY STANDARDS, OR  IF  NO  FEDERAL  SAFETY
STANDARD EXISTS, A WIDELY ACCEPTED INDUSTRY STANDARD; (III) IS AVAILABLE
AT  A  COST AND QUANTITY THAT DOES NOT CAUSE SIGNIFICANT FINANCIAL HARD-
SHIP ACROSS A MAJORITY OF BRAKE FRICTION MATERIAL AND  VEHICLE  MANUFAC-
TURING  INDUSTRIES; AND (IV) IS AVAILABLE TO ENABLE BRAKE FRICTION MATE-
RIAL AND  VEHICLE  MANUFACTURERS  TO  PRODUCE  VIABLE  PRODUCTS  MEETING
CONSUMER EXPECTATIONS REGARDING BRAKE NOISE, SHUDDERING AND DURABILITY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD03023-06-2

A. 9202                             2

  (B) "BRAKE FRICTION MATERIAL" MEANS THAT PART OF A MOTOR VEHICLE BRAKE
DESIGNED  TO  SLOW OR STOP THE MOVEMENT OF A MOTOR VEHICLE THROUGH FRIC-
TION MADE AGAINST A ROTOR OR MORE DURABLE MATERIAL.
  (C)  "MOTOR VEHICLE" MEANS A VEHICLE AS DEFINED BY SECTION ONE HUNDRED
TWENTY-FIVE OF THIS CHAPTER; PROVIDED, HOWEVER, FOR THE PURPOSES OF THIS
SECTION SUCH TERM SHALL NOT INCLUDE A MOTORCYCLE AS DEFINED  BY  SECTION
ONE HUNDRED TWENTY-THREE OF THIS CHAPTER.
  (D) "MOTOR VEHICLE BRAKE" MEANS AN ENERGY CONVERSION MECHANISM USED TO
SLOW OR STOP THE MOVEMENT OF A MOTOR VEHICLE BUT DOES NOT INCLUDE BRAKES
DESIGNED PRIMARILY TO HOLD MOTOR VEHICLES STATIONARY AND ARE NOT FOR USE
WHILE MOTOR VEHICLES ARE IN MOTION.
  (E)   "ORIGINAL  EQUIPMENT  SERVICE"  MEANS  BRAKE  FRICTION  MATERIAL
PROVIDED AS SERVICE PARTS ORIGINALLY DESIGNED FOR  AND  USING  THE  SAME
BRAKE FRICTION MATERIAL FORMULATION SOLD WITH A NEW MOTOR VEHICLE.
  (F)  "SMALL VOLUME MOTOR VEHICLE MANUFACTURER" MEANS A MANUFACTURER OF
MOTOR VEHICLES WITH ANNUAL SALES IN NEW YORK OF LESS THAN  ONE  THOUSAND
NEW  PASSENGER CARS, LIGHT-DUTY VEHICLES, HEAVY-DUTY VEHICLES, AND HEAV-
Y-DUTY ENGINES BASED ON THE AVERAGE NUMBER  OF  VEHICLES  SOLD  FOR  THE
THREE PREVIOUS CONSECUTIVE MODEL YEARS.
  2.  PROHIBITIONS  ON  BRAKE  FRICTION  MATERIAL. (A) BEGINNING JANUARY
FIRST, TWO THOUSAND SIXTEEN, NO MANUFACTURER, WHOLESALER,  RETAILER,  OR
DISTRIBUTOR  MAY  SELL  OR OFFER FOR SALE BRAKE FRICTION MATERIAL IN NEW
YORK STATE CONTAINING ANY OF THE FOLLOWING  CONSTITUENTS  IN  AN  AMOUNT
EXCEEDING THE SPECIFIED CONCENTRATIONS:
  (I) ASBESTIFORM FIBERS: 0.1 PERCENT BY WEIGHT;
  (II) CADMIUM AND ITS COMPOUNDS: 0.01 PERCENT BY WEIGHT;
  (III) CHROMIUM (VI) SALTS: 0.1 PERCENT BY WEIGHT;
  (IV) LEAD AND ITS COMPOUNDS: 0.1 PERCENT BY WEIGHT;
  (V) MERCURY AND ITS COMPOUNDS: 0.1 PERCENT BY WEIGHT.
  (B)  BEGINNING ON JANUARY FIRST, TWO THOUSAND TWENTY-THREE NO MANUFAC-
TURER, WHOLESALER, RETAILER, OR DISTRIBUTOR MAY SELL OR OFFER  FOR  SALE
BRAKE  FRICTION  MATERIAL  IN  NEW  YORK STATE CONTAINING MORE THAN FIVE
PERCENT COPPER AND ITS COMPOUNDS BY WEIGHT.
  (C) BRAKE FRICTION MATERIAL MANUFACTURED PRIOR TO TWO THOUSAND  SEVEN-
TEEN  IS  EXEMPT  FROM  THE  DEADLINE  MANDATED BY PARAGRAPH (A) OF THIS
SUBDIVISION FOR THE PURPOSES OF CLEARING  INVENTORY;  PROVIDED,  HOWEVER
THAT  SUCH EXEMPTION SHALL NOT EXTEND BEYOND JANUARY FIRST, TWO THOUSAND
TWENTY-SEVEN.
  (D) BRAKE FRICTION MATERIAL MANUFACTURED PRIOR TO TWO  THOUSAND  TWEN-
TY-THREE  IS  EXEMPT FROM THE DEADLINE MANDATED BY PARAGRAPH (B) OF THIS
SUBDIVISION FOR THE PURPOSES OF CLEARING INVENTORY;  PROVIDED,  HOWEVER,
THAT  SUCH EXEMPTION SHALL NOT EXTEND BEYOND JANUARY FIRST, TWO THOUSAND
THIRTY-THREE.
  (E) BRAKE FRICTION MATERIAL MANUFACTURED AS PART OF AN ORIGINAL EQUIP-
MENT SERVICE CONTRACT FOR VEHICLES MANUFACTURED PRIOR TO JANUARY  FIRST,
TWO  THOUSAND  SEVENTEEN,  IS EXEMPT FROM THE DEADLINE MANDATED IN PARA-
GRAPH (A) OF THIS SUBDIVISION.
  (F) BRAKE FRICTION MATERIAL MANUFACTURED AS PART OF AN ORIGINAL EQUIP-
MENT SERVICE CONTRACT FOR VEHICLES MANUFACTURED PRIOR TO JANUARY  FIRST,
TWO THOUSAND TWENTY-THREE, IS EXEMPT FROM THE DEADLINE MANDATED IN PARA-
GRAPH (B) OF THIS SUBDIVISION.
  3. DEPARTMENT REVIEW OF ALTERNATIVE BRAKE FRICTION MATERIAL. (A) ON OR
BEFORE  DECEMBER  FIRST,  TWO  THOUSAND  SEVENTEEN, THE DEPARTMENT SHALL
REVIEW RISK ASSESSMENTS, SCIENTIFIC STUDIES, AND OTHER RELEVANT ANALYSES
REGARDING BRAKE FRICTION MATERIAL AND DETERMINE WHETHER THE MATERIAL MAY

A. 9202                             3

BE AVAILABLE. THE DEPARTMENT SHALL CONSIDER ANY NEW SCIENCE WITH  REGARD
TO THE BIOAVAILABILITY AND TOXICITY OF COPPER.
  (B)  IF  THE  DEPARTMENT FINDS THE ALTERNATIVE BRAKE FRICTION MATERIAL
MAY BE AVAILABLE, IT SHALL:
  (I) BY DECEMBER THIRTY-FIRST OF THE YEAR THE FINDING IS MADE,  PUBLISH
SUCH  INFORMATION AND PRESENT IT IN A REPORT TO THE APPROPRIATE LEGISLA-
TIVE  COMMITTEES.  SUCH  REPORT  SHALL   INCLUDE   RECOMMENDATIONS   FOR
EXEMPTIONS  ON  ORIGINAL  EQUIPMENT  SERVICE AND BRAKE FRICTION MATERIAL
MANUFACTURED PRIOR TO DATES SPECIFIED IN THIS SECTION  AND  MAY  INCLUDE
RECOMMENDATIONS FOR OTHER EXEMPTIONS; AND
  (II)  CONVENE A BRAKE FRICTION MATERIAL ADVISORY COMMITTEE WHICH SHALL
INCLUDE:
  (A) THE COMMISSIONER, OR HIS OR  HER  DESIGNEE,  WHO  WILL  CHAIR  THE
COMMITTEE;
  (B) A REPRESENTATIVE OF MANUFACTURERS OF BRAKE FRICTION MATERIAL;
  (C) A REPRESENTATIVE OF MANUFACTURERS OF MOTOR VEHICLES;
  (D)  A  REPRESENTATIVE OF THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINIS-
TRATION; AND
  (E) A REPRESENTATIVE OF A NONGOVERNMENTAL ORGANIZATION  WHOSE  PRIMARY
PURPOSE OR ORGANIZING PRINCIPLE IS PROTECTION OF THE ENVIRONMENT.
  (C)  THE  COMMITTEE  ESTABLISHED  IN PARAGRAPH (B) OF THIS SUBDIVISION
SHALL SEPARATELY ASSESS ALTERNATIVE BRAKE FRICTION MATERIAL FOR  PASSEN-
GER  VEHICLES,  LIGHT-DUTY  VEHICLES  AND  HEAVY-DUTY  VEHICLES AND MAKE
RECOMMENDATIONS TO THE DEPARTMENT AS TO WHETHER ALTERNATIVE BRAKE  FRIC-
TION MATERIAL IS AVAILABLE OR UNAVAILABLE FOR EACH.
  (D) BEGINNING EIGHT YEARS AFTER THE COMMITTEE ESTABLISHED IN PARAGRAPH
(B) OF THIS SUBDIVISION CONFIRMS THAT ALTERNATIVE BRAKE FRICTION MATERI-
AL  IS  AVAILABLE  SUBSEQUENT  TO  THE PUBLICATION IN THE NEW YORK STATE
REGISTER OF THE REPORT REFERENCED IN SUBPARAGRAPH (I) OF  PARAGRAPH  (B)
OF  THIS SUBDIVISION NO MANUFACTURER, WHOLESALER, RETAILER, OR DISTRIBU-
TOR MAY SELL OR OFFER FOR SALE BRAKE FRICTION MATERIAL IN NEW YORK STATE
CONTAINING MORE THAN 0.5 PERCENT COPPER AND ITS COMPOUNDS BY WEIGHT,  AS
SPECIFIED IN THE REPORT.
  (E) THE DEPARTMENT SHALL ADOPT RULES TO IMPLEMENT THIS SUBDIVISION.
  4. APPLICATION FOR EXEMPTIONS. ANY MOTOR VEHICLE MANUFACTURER OR BRAKE
FRICTION  MATERIAL  MANUFACTURER  MAY  APPLY  TO  THE  DEPARTMENT FOR AN
EXEMPTION FROM THIS SECTION FOR BRAKE FRICTION MATERIAL INTENDED  FOR  A
SPECIFIC MOTOR VEHICLE MODEL OR CLASS OF MOTOR VEHICLES BASED ON SPECIAL
NEEDS OR CHARACTERISTICS OF THE MOTOR VEHICLES FOR WHICH THE BRAKE FRIC-
TION  MATERIAL  IS  INTENDED.  EXEMPTIONS MAY BE ISSUED FOR SMALL VOLUME
MOTOR VEHICLE MANUFACTURERS, SPECIFIC MOTOR VEHICLE MODELS,  OR  SPECIAL
CLASSES  OF VEHICLES, INCLUDING, BUT NOT LIMITED TO, FIRE TRUCKS, POLICE
CARS, AND HEAVY OR WIDE LOAD EQUIPMENT HAULING; PROVIDED, HOWEVER,  THAT
THE MANUFACTURER CAN DEMONSTRATE THAT COMPLYING WITH THE REQUIREMENTS OF
THIS  SECTION DOES NOT ALLOW COMPLIANCE WITH SAFETY STANDARDS, OR CAUSES
SIGNIFICANT FINANCIAL HARDSHIP. EXEMPTIONS ARE VALID FOR  NO  LESS  THAN
ONE YEAR AND MAY BE RENEWED AUTOMATICALLY AS NEEDED. EXEMPTIONS MAY ALSO
BE  PERMANENT,  PROVIDED  THAT  THEY ARE DESIGNATED AS SUCH AND PROVIDED
THAT THE VEHICLE IS USED SOLELY IN THE MANNER DESCRIBED IN THE  APPLICA-
TION.
  5. REPORTING REQUIREMENTS. (A) BY JANUARY FIRST, TWO THOUSAND FIFTEEN,
AND  AT LEAST EVERY THREE YEARS THEREAFTER, MANUFACTURERS OF BRAKE FRIC-
TION MATERIAL SOLD OR OFFERED FOR SALE IN NEW YORK SHALL PROVIDE DATA TO
THE DEPARTMENT ADEQUATE TO ENABLE THE DEPARTMENT  TO  DETERMINE  CONCEN-
TRATIONS  OF  ANTIMONY,  COPPER,  NICKEL AND ZINC AND THEIR COMPOUNDS IN
BRAKE FRICTION MATERIAL SOLD OR OFFERED FOR SALE IN NEW YORK.

A. 9202                             4

  (B) USING THIS DATA AND OTHER DATA AS NEEDED, AND IN CONSULTATION WITH
THE BRAKE  FRICTION  MATERIAL  MANUFACTURING  INDUSTRY,  THE  DEPARTMENT
SHALL:
  (I)  BY  JULY  FIRST, TWO THOUSAND FIFTEEN, ESTABLISH BASELINE CONCEN-
TRATION LEVELS FOR CONSTITUENTS IDENTIFIED IN BRAKE FRICTION MATERIAL;
  (II) TRACK  PROGRESS  TOWARD  REDUCING  THE  USE  OF  COPPER  AND  ITS
COMPOUNDS  AND  ENSURE  THAT  CONCENTRATION  LEVELS OF ANTIMONY, COPPER,
NICKEL OR ZINC AND THEIR COMPOUNDS DO NOT INCREASE BY  MORE  THAN  FIFTY
PERCENT ABOVE BASELINE CONCENTRATION LEVELS; AND
  (III)  IF CONCENTRATION LEVELS OF ANTIMONY, COPPER, NICKEL OR ZINC AND
THEIR COMPOUNDS IN  BRAKE  FRICTION  MATERIAL  INCREASE  ABOVE  BASELINE
CONCENTRATION  LEVELS, THE DEPARTMENT SHALL REVIEW SCIENTIFIC STUDIES TO
DETERMINE THE POTENTIAL IMPACT OF THE CONSTITUENT ON  HUMAN  HEALTH  AND
THE ENVIRONMENT. IF SCIENTIFIC STUDIES DEMONSTRATE THE NEED FOR CONTROL-
LING  THE USE OF THE CONSTITUENT IN BRAKE FRICTION MATERIAL, THE DEPART-
MENT MAY RECOMMEND LIMITS ON CONCENTRATION LEVELS  OF  SUCH  CONSTITUENT
MATERIAL.
  6.  COMPLIANCE.  (A)  MANUFACTURERS OF BRAKE FRICTION MATERIAL OFFERED
FOR SALE IN NEW YORK MUST CERTIFY COMPLIANCE WITH REQUIREMENTS  OF  THIS
SECTION  AND  MARK PROOF OF CERTIFICATION ON THE BRAKE FRICTION MATERIAL
IN ACCORDANCE WITH CRITERIA IMPLEMENTED PURSUANT TO THIS SUBDIVISION.
  (B) BY DECEMBER FIRST, TWO THOUSAND FOURTEEN,  THE  DEPARTMENT  SHALL,
AFTER CONSULTING WITH INTERESTED PARTIES, DEVELOP COMPLIANCE CRITERIA TO
MEET  THE  REQUIREMENTS  OF  THIS  SECTION.  COMPLIANCE  CRITERIA  SHALL
INCLUDE, BUT NOT BE LIMITED TO, (I) SELF-CERTIFICATION OF COMPLIANCE  BY
BRAKE  FRICTION  MATERIAL MANUFACTURERS AND (II) MARKED PROOF OF CERTIF-
ICATION, INCLUDING MANUFACTURE DATE,  ON  BRAKE  FRICTION  MATERIAL  AND
PRODUCT  PACKAGING. MARKED PROOF OF CERTIFICATION MUST APPEAR BY JANUARY
FIRST, TWO THOUSAND SEVENTEEN.
  (C) BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-THREE,  MANUFACTURERS
OF  NEW  MOTOR  VEHICLES  OFFERED  FOR SALE IN NEW YORK MUST ENSURE THAT
MOTOR VEHICLES ARE EQUIPPED WITH BRAKE FRICTION MATERIAL CERTIFIED TO BE
COMPLIANT WITH THE REQUIREMENTS OF THIS SECTION.
  7. CIVIL PENALTY.   (A) A BRAKE FRICTION  MATERIAL  MANUFACTURER  THAT
KNOWINGLY VIOLATES THIS SECTION SHALL RECALL THE BRAKE FRICTION MATERIAL
AND  REIMBURSE  THE  BRAKE  FRICTION DISTRIBUTOR, RETAILER, OR ANY OTHER
PURCHASER FOR THE MATERIAL AND  ANY  APPLICABLE  SHIPPING  AND  HANDLING
CHARGES  FOR  RETURNING THE MATERIAL. A BRAKE FRICTION MATERIAL MANUFAC-
TURER THAT VIOLATES THIS SECTION IS SUBJECT TO A CIVIL  PENALTY  NOT  TO
EXCEED TEN THOUSAND DOLLARS FOR EACH VIOLATION.
  (B)  A  MOTOR  VEHICLE DISTRIBUTOR OR RETAILER THAT KNOWINGLY VIOLATES
THIS SECTION IS SUBJECT TO A CIVIL PENALTY NOT TO  EXCEED  TEN  THOUSAND
DOLLARS  FOR  EACH VIOLATION. A MOTOR VEHICLE DISTRIBUTOR OR RETAILER IS
NOT IN VIOLATION OF THIS SECTION FOR SELLING A VEHICLE THAT  WAS  PREVI-
OUSLY  SOLD  AT RETAIL AND THAT CONTAINS BRAKE FRICTION MATERIAL FAILING
TO MEET THE REQUIREMENTS OF THIS CHAPTER.  HOWEVER,  IF  THE  DEPARTMENT
CONCLUSIVELY  PROVES  THAT  THE  MOTOR  VEHICLE  DISTRIBUTOR OR RETAILER
INSTALLED BRAKE FRICTION MATERIAL THAT  VIOLATES  THIS  SECTION  ON  THE
VEHICLE  BEING  SOLD  AND  WAS  AWARE  THAT  THE BRAKE FRICTION MATERIAL
VIOLATES THIS SECTION, THE MOTOR  VEHICLE  DISTRIBUTOR  OR  RETAILER  IS
SUBJECT TO CIVIL PENALTIES UNDER THIS SECTION.
  (C) A MOTOR VEHICLE MANUFACTURER THAT VIOLATES THIS SECTION MUST NOTI-
FY THE REGISTERED OWNER OF THE VEHICLE WITHIN SIX MONTHS OF KNOWLEDGE OF
THE  VIOLATION AND MUST REPLACE AT NO COST TO THE OWNER THE NONCOMPLIANT
BRAKE FRICTION MATERIAL WITH BRAKE FRICTION MATERIAL THAT COMPLIES  WITH
THIS  SECTION.  A  MOTOR  VEHICLE MANUFACTURER THAT FAILS TO PROVIDE THE

A. 9202                             5

REQUIRED NOTIFICATION TO REGISTERED  OWNERS  OF  THE  AFFECTED  VEHICLES
WITHIN  SIX  MONTHS  OF KNOWLEDGE OF THE VIOLATION IS SUBJECT TO A CIVIL
PENALTY NOT TO EXCEED ONE HUNDRED  THOUSAND  DOLLARS.  A  MOTOR  VEHICLE
MANUFACTURER  THAT  FAILS TO PROVIDE THE REQUIRED NOTIFICATION TO REGIS-
TERED OWNERS OF THE AFFECTED VEHICLES AFTER TWELVE MONTHS  OF  KNOWLEDGE
OF  THE  VIOLATION IS SUBJECT TO A CIVIL PENALTY NOT TO EXCEED TEN THOU-
SAND DOLLARS PER VEHICLE.
  8. EDUCATION. THE DEPARTMENT SHALL, BY  JANUARY  FIRST,  TWO  THOUSAND
THIRTEEN,  PREPARE  AND DISTRIBUTE INFORMATION ABOUT THE PROHIBITIONS TO
MANUFACTURERS, DISTRIBUTORS, AND RETAILERS TO THE MAXIMUM EXTENT PRACTI-
CABLE.
  9. RULES AND REGULATIONS. THE COMMISSIONER SHALL  HAVE  THE  POWER  TO
ENACT RULES AND REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
  S 3. This act shall take effect immediately.