RCW 70A.340.040 — Brake friction material advisory committee—Members—Duties.

1. (1) By December 1, 2015, the department shall review risk assessments, scientific studies, and other relevant analyses regarding alternative 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.

2. (2) If the department finds that alternative brake friction material may be available, it shall convene a brake friction material advisory committee. The committee shall include, but is not limited to:

   1. (a) A representative of the department, who will chair the committee;
   2. (b) The chief of the Washington state patrol, or the chief's designee;
   3. (c) A representative of manufacturers of brake friction material;
   4. (d) A representative of manufacturers of motor vehicles;
   5. (e) A representative of a nongovernmental organization concerned with motor vehicle safety;
   6. (f) A representative of the national highway traffic safety administration; and
   7. (g) A representative of a nongovernmental organization concerned with the environment.
3. (3) If convened pursuant to subsection (2) of this section, the committee shall separately assess alternative brake friction material for passenger vehicles, light duty vehicles, and heavy duty vehicles. The committee shall make different recommendations to the department as to whether alternative brake friction material is available or unavailable for passenger vehicles, light duty vehicles, and heavy duty vehicles. For purposes of this section, "heavy duty vehicle" means a vehicle used for commercial purposes with a gross vehicle weight rating above twenty-six thousand pounds. The committee shall also consider appropriate exemptions including original equipment service and brake friction material manufactured prior to the dates specified in RCW 70A.340.050. The department shall consider the committee's recommendations and make a finding as to whether alternative brake friction material is available or unavailable.

4. (4) If, pursuant to subsection (3) of this section, the department finds that alternative brake friction material:

   1. (a) Is available, it shall comply with RCW 70A.340.050;
   2. (b) Is not available, it shall periodically evaluate the finding and, if it determines that alternative brake friction material may be available, comply with subsections (2) and (3) of this section. If the department finds that alternative brake friction material is available, it shall comply with RCW 70A.340.050.

[ 2020 c 20 s 1422; 2010 c 147 s 4. Formerly RCW 70.285.040.]