25250.54
. (a) (1) On and after January 1, 2019, a manufacturer may
apply to the department for a one-year, two-year, or three-year
extension of the January 1, 2025, deadline established in Section
25250.53, except as provided in subdivision (h).
(2) An extension application submitted pursuant to this section
shall be submitted based on vehicle model, class, platform, or other
vehicle-based category, and not on the basis of the brake friction
material formulation.
(3) The application shall be accompanied by documentation that
will allow the advisory committee to make a recommendation pursuant
to subdivisions (e) and (f).
(4) The documentation shall include a scientifically sound
quantitative estimate of the quantity of copper that would be emitted
if the extension is granted, including a description of the
assumptions used in arriving at that estimate.
(b) No more than 30 days after receipt of an application for an
extension pursuant to subdivision (a), the department shall do all of
the following:
(1) Post a notice of receipt on the department's Internet Web site
that includes the vehicle model, class, platform, or other
vehicle-based category, whether the brake friction material is
intended for use in original equipment or replacement parts, and the
quantity of copper that would be emitted if the extension is granted.
(2) Consult with the board and the State Air Resources Board.
(3) Solicit comment from the public and from scientific and
vehicle engineering experts on the availability of generally
affordable compliant brake friction materials, their safety and
performance characteristics, and the feasibility of brake pad copper
emissions reduction through means other than friction material
reformulation.
(c) (1) In consultation with the board, the department shall
determine if sufficient documentation has been presented upon which
to base a decision. If the department determines that further
documentation is needed, it shall deliver a detailed request for
further documentation to the applicant.
(2) Not later than 30 days after receipt of the application for an
extension pursuant to subdivision (a), the department shall forward
the application to the advisory committee for the purpose of the
advisory committee making a recommendation pursuant to subdivisions
(e) and (f).
(d) (1) In considering any application for an extension, the
advisory committee shall consider all of the documentation supplied
by the applicant pursuant to subdivision (a).
(2) The advisory committee may request, no later than 75 days
after receipt of the application from the department pursuant to
subdivision (c), further documentation from the applicant.
(3) The advisory committee shall hold at least one public hearing
at which it shall accept and consider comments from the public on
each category of application. The advisory committee meetings shall
be open to the public and are subject to the Bagley-Keene Open
Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1
of Part 1 of Division 3 of Title 2 of the Government Code).
(e) (1) The advisory committee shall recommend to the secretary
that the extension be approved if the advisory committee determines
that there are no brake friction materials that are safe and
available for individual or multiple vehicle models, classes,
platforms, or other vehicle-based categories identified in the
application.
(2) The advisory committee shall recommend to the secretary that
the extension not be approved if the advisory committee determines
that alternative brake friction materials are safe and available for
individual or multiple vehicle models, classes, platforms, or other
vehicle-based categories identified in the application.
(3) For purposes of this section, "safe and available" shall mean
all of the following:
(A) The brake system for which the alternative brake friction
material is manufactured meets applicable federal safety standards,
or if no federal standard exists, a widely accepted safety standard.
(B) Acceptable alternative brake friction materials are
commercially available for the individual or multiple vehicles,
classes, platforms, or vehicle-based categories identified in the
application.
(C) Adequate industry testing and production capacity exists to
supply the alternative brake friction materials for use on the
individual or multiple vehicles, classes, platforms, or vehicle-based
categories identified in the application.
(D) The alternative brake friction material is technically
feasible for use on the individual or multiple vehicles, classes,
platforms, or vehicle-based categories identified in the application.
(E) The alternative brake friction materials meet customer
performance expectations, including noise, wear, vibration, and
durability for the individual or multiple vehicles, classes,
platforms, or vehicle-based categories identified in the application.
(F) The alternative acceptable brake friction material is
economically feasible with respect to the industry and the cost to
the consumer for the individual or multiple vehicles, classes,
platforms, or vehicle-based categories identified in the application.
(4) The advisory committee shall provide relevant data to the
department and the board concerning the potential impacts of the
extension on California watersheds for purposes of the report
required pursuant to Section 25250.65.
(f) (1) No sooner than 60 days and no later than 120 days after
the department solicits comments pursuant to paragraph (3) of
subdivision (b), the advisory committee shall make a recommendation
to the secretary in accordance with subdivisions (d) and (e) as to
whether the application for extension should be approved or not
approved.
(2) The recommendation of the advisory committee that the
secretary approve or not approve the application for extension shall
be accompanied by documentation of the basis for the recommendation.
(g) (1) The secretary shall make available the recommendation of
the advisory committee and the accompanying documentation for public
review and comment for 60 days following receipt of the
recommendation from the advisory committee.
(2) The secretary shall consider public comments on the advisory
committee's recommendation and issue a final decision on the
application for extension no later than 45 days after the conclusion
of the 60-day comment period.
(3) In making the determination whether to approve or disapprove
the extension, the secretary shall rely upon the recommendations made
by the advisory committee pursuant to subdivision (f).
(4) If the secretary does not follow the recommendation of the
advisory committee made pursuant to subdivision (f), he or she shall
explain in writing the basis of his or her decision.
(h) (1) On or before December 31, 2029, a manufacturer with an
approved extension of the January 1, 2025, deadline established in
Section 25250.53, may reapply to the department for additional
two-year extensions from the deadline in accordance with a schedule
that may be established by the department.
(2) Except as provided in subdivision (i), a manufacturer may not
apply on or after January 1, 2030, for an extension of the January 1,
2025, deadline established in Section 25250.53.
(3) The department shall comply with all of the requirements of
this section when granting an additional extension of the January 1,
2025, deadline pursuant to this subdivision.
(i) (1) On and after January 1, 2030, a manufacturer of vehicle
brake friction materials to be used on heavy-duty vehicles with an
approved extension of the January 1, 2025, deadline established in
Section 25250.53, may reapply to the department for additional
two-year extensions from the deadline established in Section
25250.53, that results in an extension of that deadline to a date on
and after January 1, 2032.
(2) The department shall comply with all of the requirements of
this section when granting an additional extension of the January 1,
2025, deadline pursuant to this subdivision.
(j) The department shall assess a fee for each application for an
extension sufficient to cover actual costs incurred in implementing
this section. The department may expend the fees collected pursuant
to this subdivision, upon appropriation by the Legislature, for
reimbursement for the costs incurred in implementing this section.
(k) When granting an extension pursuant to this section, the
department, board, advisory committee, and secretary shall comply
with the requirements of Section 25358.2, to ensure the protection of
trade secrets, as defined in Section 25358.2.