Relates to brake friction material

1 Co-sponsor

• Ruben Diaz

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.