senate Bill S1356B

2011-2012 Legislative Session

Relates to brake friction material

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Sponsored By

Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 13, 2012 print number 1356b
amend and recommit to transportation
Jan 04, 2012 referred to transportation
Mar 11, 2011 print number 1356a
amend and recommit to transportation
Jan 06, 2011 referred to transportation

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

Co-Sponsors

S1356 - Bill Details

See Assembly Version of this Bill:
A9202
Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add §382-d, V & T L
Versions Introduced in 2009-2010 Legislative Session:
S8195

S1356 - Bill Texts

view summary

Limits the use of certain substances in brake friction material.

view sponsor memo
BILL NUMBER:S1356

TITLE OF BILL:
An act
to amend the vehicle and traffic law, in relation to limiting the use of
certain substances in brake friction material

PURPOSE:
To address the serious health risk posed to New York State
residents by the amount of copper and other toxic substances in motor
vehicle brake pads.

SUMMARY OF PROVISIONS:
Section 1: Sets forth the legislative findings.

Section 2: Adds a new section 382-d to article 9 of the vehicle and
traffic law to reduce the amount of copper and other toxic substances
in motor vehicle brake pads sold in New York State. The legislation
provides a timeline for implementation and enforcement of this title
by the Department of Motor Vehicles. It provides that the Department
shall review the availability of alternative brake friction material,
and form of an advisory committee if alternative material exists. It
requires a report on the availability of alternative brake friction
material for each type of motor vehicle, and that such report be
published and presented to the appropriate legislative committees.
The Department is authorized to consider applications for
exemptions, and a framework for determining whether such exemptions
are appropriate is included. The legislation sets forth reporting and
compliance requirements for manufacturers of brake friction material
offered for sale in New York State. The bill calls for the department
to prepare and distribute information about the prohibitions to
manufacturers, distributors, and retailers. Finally, the legislation
provides for civil penalties for violation.

Section 3: Sets forth the effective date.

JUSTIFICATION:
Brake friction material is an essential component of
motor vehicle brakes, and critically important to transportation
safety and public safety in general. However, debris from brake
friction material containing copper and its compounds, along with
other toxic substances, is released into the environment during
normal motor vehicle operation. As a result, thousands of pounds of
copper and other toxic substances released from brake usage enter New
York State's streams,
rivers, and marine environment every year. Excess amounts of copper
are toxic to aquatic organisms that form the base of the food chain.

The other substances covered by the act are asbestiform fibers,
cadmium and its compounds, chromium (VI) salts, lead and its
compounds, and mercury and its compounds, all of which have been
shown to have a detrimental impact on human health and the environment.

Washington State has passed a similar law, with the support of the
Alliance of Automobile Manufactures. By limiting copper and other
toxic substance content in brake pads, we can make strides toward


improving New York State's water quality and the health of its
citizens.

LEGISLATIVE HISTORY:
2010: S.8195/A.10871A

FISCAL IMPACT ON THE STATE:
Minimal.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                  1356

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 6, 2011
                               ___________

Introduced  by  Sens. DILAN, DIAZ -- read twice and ordered printed, and
  when printed to be committed to the Committee 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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03023-01-1

S. 1356                             2

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.
  (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 FIFTEEN, 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) CADIUM 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-TWO NO MANUFACTUR-
ER, 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 SIXTEEN
IS EXEMPT FROM THE DEADLINE MANDATED BY PARAGRAPH (A) OF  THIS  SUBDIVI-
SION FOR THE PURPOSES OF CLEARING INVENTORY; PROVIDED, HOWEVER THAT SUCH
EXEMPTION   SHALL   NOT   EXTEND  BEYOND  JANUARY  FIRST,  TWO  THOUSAND
TWENTY-SIX.
  (D) BRAKE FRICTION MATERIAL MANUFACTURED PRIOR TO TWO  THOUSAND  TWEN-
TY-TWO  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-TWO.
  (E) BRAKE FRICTION MATERIAL MANUFACTURED AS PART OF AN ORIGINAL EQUIP-
MENT SERVICE CONTRACT FOR VEHICLES MANUFACTURED PRIOR TO JANUARY  FIRST,
TWO  THOUSAND SIXTEEN, IS EXEMPT FROM THE DEADLINE MANDATED IN PARAGRAPH
(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-TWO, 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 SIXTEEN, THE DEPARTMENT SHALL REVIEW

S. 1356                             3

RISK  ASSESSMENTS,  SCIENTIFIC  STUDIES,  AND  OTHER  RELEVANT  ANALYSES
REGARDING BRAKE FRICTION MATERIAL AND DETERMINE WHETHER THE MATERIAL MAY
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 REPORT IN SUBDIVISION FIVE OF THIS
SECTION  IS  PUBLISHED  IN THE NEW YORK STATE REGISTER, NO MANUFACTURER,
WHOLESALER, RETAILER, OR DISTRIBUTOR 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  FOUR-
TEEN,  AND AT LEAST EVERY THREE YEARS THEREAFTER, MANUFACTURERS OF BRAKE
FRICTION MATERIAL SOLD OR OFFERED FOR SALE IN  NEW  YORK  SHALL  PROVIDE
DATA  TO  THE  DEPARTMENT ADEQUATE TO ENABLE THE DEPARTMENT TO DETERMINE
CONCENTRATIONS OF ANTIMONY, COPPER, NICKEL AND ZINC AND THEIR  COMPOUNDS
IN BRAKE FRICTION MATERIAL SOLD OR OFFERED FOR SALE IN NEW YORK.

S. 1356                             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 FOURTEEN, 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 THIRTEEN,  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 SIXTEEN.
  (C) BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-TWO, 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

S. 1356                             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
TWELVE,  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.

Co-Sponsors

S1356A - Bill Details

See Assembly Version of this Bill:
A9202
Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add §382-d, V & T L
Versions Introduced in 2009-2010 Legislative Session:
S8195

S1356A - Bill Texts

view summary

Limits the use of certain substances in brake friction material.

view sponsor memo
BILL NUMBER:S1356A

TITLE OF BILL:
An act
to amend the vehicle and traffic law, in relation to limiting the use of
certain substances in brake friction material

PURPOSE:
To address the serious health risk posed to New York State residents
by the amount of copper and other toxic substances in motor vehicle
brake pads.

SUMMARY OF PROVISIONS:
Section 1: Sets forth the legislative findings.

Section 2: Adds a new section 382-d to article 9 of the vehicle and
traffic law to reduce the amount of copper and other toxic substances
in motor vehicle brake pads sold in New York State. The legislation
provides a timeline for implementation and enforcement of this title
by the Department of Motor Vehicles. It provides that the Department
shall review the availability of alternative brake friction material,
and form of an advisory committee if alternative material exists. It
requires a report on the availability of alternative brake friction
material for each type of motor vehicle, and that such report be
published and presented to the appropriate legislative committees.
The Department is authorized to consider applications for exemptions,
and a framework for determining whether such exemptions are
appropriate is included. The legislation sets forth reporting and
compliance requirements for manufacturers of brake friction material
offered for sale in New York State. The bill calls for the department
to prepare and distribute information about the prohibitions to
manufacturers, distributors, and retailers. Finally, the legislation
provides for civil penalties for violation.

Section 3: Sets forth the effective date.

JUSTIFICATION:
Brake friction material is an essential component of motor vehicle
brakes, and critically important to transportation safety and public
safety in general. However, debris from brake friction material
containing copper and its compounds, along with other toxic
substances, is released into the environment during normal motor
vehicle operation. As a result, thousands of pounds of copper and
other toxic substances released from brake usage enter New York
State's streams, rivers, and marine environment every year. Excess
amounts of copper are toxic to aquatic organisms that form the base
of the food chain.

The other substances covered by the act are asbestiform fibers,
cadmium and its compounds, chromium (VI) salts, lead and its
compounds, and
mercury and its compounds, all of which have been shown to have a
detrimental impact on human health and the environment.

Washington State has passed a similar law, with the support of the
Alliance of Automobile Manufactures. By limiting copper and other


toxic substance content in brake pads, we can make strides toward
improving New York State's water quality and the health of its
citizens.

LEGISLATIVE HISTORY:
2010: S.819S/A.10871A

FISCAL IMPACT ON THE STATE:
Minimal.

EFFECTIVE DATE:
This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1356--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 6, 2011
                               ___________

Introduced  by  Sens. DILAN, DIAZ -- read twice and ordered printed, and
  when printed to be committed to the  Committee  on  Transportation  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03023-02-1

S. 1356--A                          2

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.
  (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 FIFTEEN, 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-TWO NO MANUFACTUR-
ER,  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 SIXTEEN
IS  EXEMPT  FROM THE DEADLINE MANDATED BY PARAGRAPH (A) OF THIS SUBDIVI-
SION FOR THE PURPOSES OF CLEARING INVENTORY; PROVIDED, HOWEVER THAT SUCH
EXEMPTION  SHALL  NOT  EXTEND  BEYOND  JANUARY   FIRST,   TWO   THOUSAND
TWENTY-SIX.
  (D)  BRAKE  FRICTION MATERIAL MANUFACTURED PRIOR TO TWO THOUSAND TWEN-
TY-TWO 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-TWO.
  (E) BRAKE FRICTION MATERIAL MANUFACTURED AS PART OF AN ORIGINAL EQUIP-
MENT  SERVICE CONTRACT FOR VEHICLES MANUFACTURED PRIOR TO JANUARY FIRST,
TWO THOUSAND SIXTEEN, IS EXEMPT FROM THE DEADLINE MANDATED IN  PARAGRAPH
(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-TWO, IS EXEMPT FROM THE DEADLINE MANDATED  IN  PARA-
GRAPH (B) OF THIS SUBDIVISION.

S. 1356--A                          3

  3. DEPARTMENT REVIEW OF ALTERNATIVE BRAKE FRICTION MATERIAL. (A) ON OR
BEFORE DECEMBER FIRST, TWO THOUSAND SIXTEEN, THE DEPARTMENT SHALL REVIEW
RISK  ASSESSMENTS,  SCIENTIFIC  STUDIES,  AND  OTHER  RELEVANT  ANALYSES
REGARDING BRAKE FRICTION MATERIAL AND DETERMINE WHETHER THE MATERIAL MAY
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 YEAS 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 FOUR-
TEEN, AND AT LEAST EVERY THREE YEARS THEREAFTER, MANUFACTURERS OF  BRAKE

S. 1356--A                          4

FRICTION  MATERIAL  SOLD  OR  OFFERED FOR SALE IN NEW YORK SHALL PROVIDE
DATA TO THE DEPARTMENT ADEQUATE TO ENABLE THE  DEPARTMENT  TO  DETERMINE
CONCENTRATIONS  OF ANTIMONY, COPPER, NICKEL AND ZINC AND THEIR COMPOUNDS
IN BRAKE FRICTION MATERIAL SOLD OR OFFERED FOR SALE IN NEW YORK.
  (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 FOURTEEN, 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 THIRTEEN, 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 SIXTEEN.
  (C) BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-TWO, 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.

S. 1356--A                          5

  (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
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
TWELVE,  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.

Co-Sponsors

S1356B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A9202
Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add §382-d, V & T L
Versions Introduced in 2009-2010 Legislative Session:
S8195

S1356B (ACTIVE) - Bill Texts

view summary

Limits the use of certain substances in brake friction material.

view sponsor memo
BILL NUMBER:S1356B

TITLE OF BILL:
An act
to amend the vehicle and traffic law, in relation to limiting the use of
certain substances in brake friction material

PURPOSE:
This bill is designed to address the serious health risk posed to
New York State residents by the amount of copper and other
toxic substances in motor vehicle brake pads.

SUMMARY OF PROVISIONS:

Section 1 of the bill sets forth the legislative findings.

Section 2 of the bill amends the vehicle and traffic law by adding a
new section 382-d to article 9 to reduce the amount of copper and
other toxic substances in motor vehicle brake pads sold in New York
State. The legislation provides a timeline for implementation and
enforcement of this title by the Department of Motor Vehicles. It
provides that the Department shall review the availability of
alternative brake friction material, and form of an advisory
committee if alternative material exists. It requires a report on the
availability of alternative brake friction material for each type of
motor vehicle and that such report be published and presented to the
appropriate legislative committees. The Department is authorized to
consider applications for exemptions! and a framework for determining
whether such exemptions are appropriate is included. The legislation
sets forth reporting and compliance requirements for manufacturers of
brake friction material offered for sale in New York State. The bill
calls for the department to prepare and distribute information about
the prohibitions to manufacturers, distributors, and retailers.
Finally, the legislation provides for civil penalties for violation.

Section 3 of the bill establishes the effective date.

JUSTIFICATION:
Brake friction material is an essential component of
motor vehicle brakes! and critically important to transportation
safety and public safety in general. However, debris from brake
friction material containing copper and its compounds, along with
other toxic substances, is released into the environment during
normal motor vehicle operation. As a result, thousands of pounds of
copper and other toxic substances released from brake usage enter New
York State's streams,
rivers, and marine environment every year. Excess amounts of copper
are toxic to aquatic organisms that form the base of the food chain.

The other substances covered by the act are asbestiform fibers, cadmium
and its compounds, chromium (VI) salts, lead and its compounds, and
mercury and its compounds, all of which have been shown to have a
detrimental impact on human health and the environment.

Washington State has passed a similar law, with the support of the
Alliance of Automobile Manufactures. By limiting copper and other


toxic substance content in brake pads, we can make strides toward
improving New York State's water quality and the health of its
citizens.

LEGISLATIVE HISTORY:
2010: S.819S/A.10871A Referred to Transportation

FISCAL IMPACT ON THE STATE:
Minimal.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                 1356--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 6, 2011
                               ___________

Introduced  by  Sens. DILAN, DIAZ -- read twice and ordered printed, and
  when printed to be committed to the  Committee  on  Transportation  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee  --  recommitted  to  the  Committee  on
  Transportation  in  accordance with Senate Rule 6, sec. 8 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03023-07-2

S. 1356--B                          2

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.
  (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.

S. 1356--B                          3

  (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
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

S. 1356--B                          4

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.
  (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

S. 1356--B                          5

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
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.

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