The California Automotive Wholesalers’ Association
(CAWA) and the Automotive Aftermarket Industry Association
(AAIA) announced today that SB 346
(Kehoe) has been signed by Gov. Arnold Schwarzenegger.
SB 346 was introduced into the California Legislature by Sen. Christine
Kehoe (D-San Diego) in early 2009. At
that time the bill sought to limit copper content in brake
friction materials and also required at least a
$1.00 fee on each axle pad set sold which would be collected by
retailers and installers with no
guarantee that the fee would not increase. The bill also sought
to impose penalties for non compliance
upwards of $10,000 per violation. The bill as originally drafted
would have banned copper in brake pads
without a rational framework for reformulation potentially
jeopardizing the safety of the motoring
public.
Since that time, negotiations with stakeholders and Senator
Kehoe’s office have concluded fruitfully on
the bill which resulted in successfully addressing industry’s
key concerns and subsequent removal of
industry opposition.
Key among CAWA and AAIA concerns was the removal of the brake
pad fee and
retailer and installer collection points.
“CAWA and AAIA worked with an industry wide coalition that
included the Motor and Equipment
Manufacturers Association (MEMA), both domestic and
international vehicle manufacturer alliances,
friction material manufacturers, the retailers’ association and
the repair industry,” says Rodney K.
Pierini, CAWA president and CEO. “The resulting bill was the
result of a strong commitment by the
environmental community water agencies, vehicle manufacturers
and the aftermarket to work through
our differences and develop a workable process for reducing
copper in brake pads that ensures
consumer safety and minimizes the economic impact on small
businesses.”
The amended legislation which is supported by all industry
groups, now requires a two-step reduction in
friction material copper content to no more than five percent
after 2021 and no more than five tenths of
one percent after 2025; exempts friction materials for use on
vehicles manufactured prior to the above
compliance dates- otherwise known as a legacy vehicle exemption;
creates an advisory board to review
applications for and a process to follow for vehicles
manufactured after the compliance dates that will
not be able to meet the deadlines- otherwise referred to as an
“offramp;” and gives regulators
discretion in the enforcement of the bill’s provisions if there
is evidence that any violation was
inadvertent, according to information from CAWA. The only fee in the bill now is for vehicle
manufacturers who may need to participate in the
offramp review process.
“We are pleased that our industry issues were resolved in a
collaborative and collegial way that allows
the aftermarket a rational pathway to compliance,” states Aaron
Lowe, vice president, government
affairs for AAIA. “While challenges lie ahead for the
aftermarket in meeting the aggressive goals
established in this bill; we are committed to moving forward in
reducing copper in brake pads and urge
the governor to sign this legislation when it reaches his desk."
For more information about CAWA, visit www.cawa.org. For
more information visit about AAIA, visit
www.aftermarket.org.
