| Q. |
1. Would trailers, such as tractor trailers, boat trailers, etc., meet the definition of “motor vehicle” or are they exempt from this law?
|
| A. |
All trailers, including tractor trailers and boat trailers, are captured by the definition of “vehicle” under the California Vehicle Code § 670. |
| Q. |
2. Does the definition of "small volume manufacturers” as used in Health and Safety Code section 25250.55, include manufacturers of brake friction materials independent of a vehicle manufacturer?
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| A. |
No. The "small volume manufacturer" as defined by California Code Regulations, Title 13, section 1900 (b)(22), limits the definition to vehicle manufacturers and does not extend the exemption to manufacturers of brake friction materials independent of a vehicle. |
| Q. |
3. Are brake friction materials manufactured after January 1, 2021 for a vehicle made before January 1, 2021 exempt under Health and Safety Code section 25250.55?
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| A. |
Yes. According to this Article, brake friction materials manufactured after January 1, 2021 for a vehicle made before January 1, 2021 are exempt under Health and Safety Code section 25250.55(g). |
| Q. |
4. Are brake friction materials manufactured after January 1, 2025 for a vehicle made before January 1, 2025 exempt under Health and Safety Code section 25250.55?
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| A. |
Yes. According to this Article, brake friction materials manufactured after January 1, 2025 for a vehicle made before January 1, 2025 are exempt under Health and Safety Code section 25250.55(h). |
| Q. |
5. Is DTSC required to approve either the testing criteria and procedures for brake friction materials or the certification requirements for laboratories as defined under Health and Safety Code sections 25250.60 (a) and 25250.50(g)?
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| A. |
Yes. DTSC is required to approve the testing criteria and procedures for brake friction materials and the certification requirements for laboratories as defined under Health and Safety Code sections 25250.60 (a) and 25250.50(g). |
| Q. |
6. In order to adopt criteria and procedures to test brake friction materials or approve the certification agency requirements under Health and Safety Code section 25250.50(g), will DTSC need to engage in formal rulemaking?
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| A. |
In order to adopt criteria and procedures to test brake friction materials or approve the certification agency requirements under Health and Safety Code section 25250.50(g), DTSC believes that it will need to do formal rulemaking. |
| Q. |
7. When DTSC approves certification agency requirements or testing criteria and procedures for brake friction materials under Health and Safety Code section 25250.50(g) would the approval be subject to CEQA?
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| A. |
DTSC does not believe the certification of agency requirements or testing criteria and procedures for brake friction materials under Health and Safety Code section 25250.50(g) will be subject to CEQA. |
| Q. |
8. How can DTSC ensure that all testing agencies potentially meeting the definition of "testing certification agency" in Health and Safety Code section 25250.50(g) are given equal treatment under this law?
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| A. |
DTSC can ensure that all testing agencies potentially meeting the definition of "testing certification agency" in Health and Safety Code section 25250.50(g) are given equal treatment under this law through the regulations ultimately adopted by DTSC. |
| Q. |
9. In determining the total weight of brake friction material, does the statutory language exclude the backing layer, and does the statutory language restrict the copper content to elemental copper only?
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| A. |
Because the statute in Health and Safety Code sections 25250.52 and 25250.53 refers specifically to "brake friction materials", it is appropriate to include only the friction materials when calculating the percentage of copper by weight. In addition, the term "copper” is not restricted in the statute, and therefore should include all forms of copper including elemental copper and copper compounds. |
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