S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4188
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 6, 2017
                                ___________
 
 Introduced  by  Sen.  DILAN  -- 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.
   § 2. The vehicle and traffic law is amended by adding  a  new  section
 382-d to read as follows:
   §  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.
              

                                                            LBD01572-01-7

 S. 4188                             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  TWENTY, 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-SEVEN 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 TWENTY
 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 THIRTY.
   (D)  BRAKE  FRICTION MATERIAL MANUFACTURED PRIOR TO TWO THOUSAND TWEN-
 TY-SEVEN 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-SEVEN.
   (E) BRAKE FRICTION MATERIAL MANUFACTURED AS PART OF AN ORIGINAL EQUIP-
 MENT  SERVICE CONTRACT FOR VEHICLES MANUFACTURED PRIOR TO JANUARY FIRST,
 TWO THOUSAND TWENTY, 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-SEVEN, 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 TWENTY, THE DEPARTMENT SHALL  REVIEW
 RISK  ASSESSMENTS,  SCIENTIFIC  STUDIES,  AND  OTHER  RELEVANT  ANALYSES

 S. 4188                             3
 
 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
 THAT THE VEHICLE IS USED SOLELY IN THE MANNER DESCRIBED IN THE  APPLICA-
 TION.
   5.  REPORTING  REQUIREMENTS.  (A) BY JANUARY FIRST, TWO THOUSAND NINE-
 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

 S. 4188                             4
 
 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 NINETEEN, 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 EIGHTEEN, 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 TWENTY.
   (C)  BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-SEVEN, 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

 S. 4188                             5
 
 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
 EIGHTEEN,  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.
   § 3. This act shall take effect immediately.