Health and Safety Code — Part 71 | HSC — United States — California law | Esheria

Health and Safety Code

Part 71 of 87 · provisions 14,001–14,200

This section says the act is to be known as the Health and Safety Code.

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The Legislature states findings supporting a unified, single-payer-style health care financing system for all Californians. The State Department of Health Services is renamed the State Department of Health Care Services, and its retained functions continue with the renamed department. The Director of Health Care Services is appointed by the Governor with Senate confirmation, the director receives a salary set by law, and the Governor may appoint up to two chief deputies on the director’s recommendation. The director has the powers of a department head under the cited Government Code chapter. The Department of Health Services has a Division of Rural Health, and that division must administer specified chapters and sections.

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Provisions of Health and Safety Code

Showing 200 of 17,333

  1. 43156.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. New Motor Vehicles [43100 - 43214] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1.5. Prohibited Transactions [43150 - 43156] ( Article 1.5 added by Stats. 1976, Ch. 1206. )

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    This section creates conclusive presumptions about whether title to certain motor vehicles has been transferred to an ultimate purchaser, based on odometer reading or, for direct import vehicles, age.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. New Motor Vehicles [43100 - 43214] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1.5. Prohibited Transactions [43150 - 43156] ( Article 1.5 added by Stats. 1976, Ch. 1206. ) ## 43156. (a) For purposes of this article, it is conclusively presumed that the equitable or legal title to any motor vehicle with an odometer reading of 7,500 miles or more, has been transferred to an ultimate purchaser, except as provided in subdivision (b), and that the equitable or legal title to any motor vehicle with an odometer reading of less than 7,500 miles, has not been transferred to an ultimate purchaser. (b) For purposes of this article, it is conclusively presumed that the equitable and legal title to any direct import vehicle which is less than two years old has not been transferred to an ultimate purchaser and that the equitable or legal title to any direct import motor vehicle which is at least two years old has been transferred to an ultimate purchaser. For purposes of this subdivision, the age of a motor vehicle shall be determined by the following, in descending order of preference: (1) From the first calendar day of the model year as indicated in the vehicle identification number. (2) From the last calendar day of the month the vehicle was delivered by the manufacturer as shown on the foreign title document. (3) From January 1 of the same calendar year as the model year shown on the foreign title document. (4) From the last calendar day of the month the foreign title document was issued. (Amended by Stats. 1989, Ch. 859, Sec. 3.)
  2. 43200.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. New Motor Vehicles [43100 - 43214] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Manufacturers and Dealers [43200 - 43214] ( Article 2 added by Stats. 1975, Ch. 957. )

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    The state board may adopt a regulation that bars sale and registration of certain new motor vehicles unless the manufacturer has properly affixed and completed a required label. A purchaser may remove the decal after taking possession of the vehicle.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. New Motor Vehicles [43100 - 43214] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Manufacturers and Dealers [43200 - 43214] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 43200. (a) The state board may adopt a regulation to prohibit the sale and registration in this state of a new motor vehicle certified by the state board to which there has not been securely and conspicuously affixed on a side window to the rear of the driver or, if it cannot be so placed, to the windshield of the motor vehicle in accordance with paragraph (3) of subdivision (b) of Section 26708 of the Vehicle Code, by the manufacturer a label on which the manufacturer shall endorse clearly, distinctly, and legibly true and correct entries disclosing the following information concerning the motor vehicle: (1) The emission standards adopted by the state board pursuant to Section 43101 that are applicable to that motor vehicle. (2) The information required by Section 43200.1 and related air pollution emissions information as specified by the state board. (b) A regulation may be adopted pursuant to this section only if the state board finds that the regulation is necessary for either of the following: (1) To enforce or ensure compliance with applicable statutes, standards, or procedures relating to vehicle emissions. (2) For the protection or information of consumers. (c) Nothing in this division or in any other statute shall be construed as prohibiting a purchaser from removing the decal required by this section, after the purchaser has taken possession of the vehicle. (Amended by Stats. 2006, Ch. 419, Sec. 1. Effective January 1, 2007.)
  3. 43200.1.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. New Motor Vehicles [43100 - 43214] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Manufacturers and Dealers [43200 - 43214] ( Article 2 added by Stats. 1975, Ch. 957. )

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    The state board must update the vehicle label rules to add global warming gas information, and the label must include specified indices, an explanation, and color ink.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. New Motor Vehicles [43100 - 43214] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Manufacturers and Dealers [43200 - 43214] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 43200.1. (a) The Legislature finds and declares that since 1998, the state board has imposed smog index label specifications on new passenger cars and light-duty trucks that are sold and registered in the state to inform consumers about emissions of air pollutants from the use of new vehicles. (b) (1) (A) The state board, not later than July 1, 2007, shall revise the regulations adopted pursuant to Section 43200 to rename the existing label required by those regulations, and to require the renamed label to include, for model year 2009 and subsequent model year motor vehicles, information on the emissions of global warming gases from motor vehicles for the same model year. (B) This subdivision applies to, at a minimum, all passenger cars and light-duty trucks with a gross vehicle weight of 8,500 pounds or less, and to all motor vehicles subject to regulation pursuant to Section 43018.5. (C) Emissions of global warming gases shall include emissions, as determined by the state board, from vehicle operation and upstream emissions. (2) The label shall include all of the following: (A) A smog index that contains quantitative information presented in a continuous, easy-to-read scale, unless the state board determines, after at least one public workshop, that an alternative graphical representation will more effectively convey the information to consumers, and that compares the emissions from the vehicle with the average projected emissions from all vehicles of the same model year sold in the state for which a label is required. For reference purposes, the index shall also identify the emissions from the vehicle model of that same model year that has the lowest smog-forming emissions. (B) A global warming index that contains quantitative information presented in a continuous, easy-to-read scale, unless the state board determines, after at least one public workshop, that an alternative graphical representation will more effectively convey the information to consumers, and that compares the emissions of global warming gases from the vehicle with the average projected emissions of global warming gases from all vehicles of the same model year sold in the state for which a label is required. For reference purposes, the index shall also identify the emissions of global warming gases from the vehicle model of that same model year that has the lowest emissions of global warming gases. (C) A brief explanation, prepared by the state board, of the indices required by this section, including the identification of motor vehicle usage as a primary cause of global warming, and how emissions of those gases from motor vehicles may be reduced. (D) The use of at least one color ink, as determined by the state board, in addition to black. (c) In order to ensure that the label is useful and informative to consumers, the state board shall, to the extent feasible within its existing resources, do both of the following in designing the label: (1) Seek input from automotive consumers, graphic design professionals, and persons with expertise in environmental labeling. (2) Consider other relevant label formats consistent with paragraph (2) of subdivision (b). (d) The indices included in the label pursuant to paragraph (2) of subdivision (b) shall be updated as determined necessary by the state board to ensure that the differences in emissions among vehicles are readily apparent to the consumer. (e) The state board, in consultation with other agencies as appropriate, may recommend to the Legislature additional sources of air pollution that emit significant amounts of global warming gases for which the disclosure of information regarding those emissions would be an effective means of educating the public about the sources of global warming and its impacts. (f) The state board shall, as it determines appropriate and to the extent feasible within its existing resources, incorporate information from the label into existing programs designed to educate motor vehicle consumers about emissions of global warming gases and other air pollutants. (g) The state board may accept donations or grants of funds from any person for the purposes of the program established pursuant to this section, and shall deposit amounts received from donations or grants into the Air Pollution Control Fund. The source of any funds received pursuant to this section shall be disclosed at all public hearings and workshops to implement this section. Donations, grants, or other commitments of money to the fund may be dedicated for specific purposes consistent with the goals of this section. (h) For the purposes of this section, the following definitions apply: (1) “Global warming gases” has the same meaning as greenhouse gases given in subdivision (h) of Section 42801.1. (2) “Upstream emissions” means emissions of global warming gases that occur during the extraction, refining, transport, and local distribution of motor vehicle fuels as determined by the state board. (Amended by Stats. 2006, Ch. 538, Sec. 402. Effective January 1, 2007.)
  4. 43200.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. New Motor Vehicles [43100 - 43214] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Manufacturers and Dealers [43200 - 43214] ( Article 2 added by Stats. 1975, Ch. 957. )

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    New motor vehicles may not be sold or registered in California unless the required smog-index decal has been affixed by the manufacturer in the specified way.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. New Motor Vehicles [43100 - 43214] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Manufacturers and Dealers [43200 - 43214] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 43200.5. (a) The sale and registration in this state of any new motor vehicle is prohibited unless a decal in the form specified by the state board pursuant to subdivision (b) of Section 44254 has been securely affixed by the manufacturer to a window of the motor vehicle, and affixed in accordance with Section 43200 and any regulations adopted pursuant to Section 43200, which discloses the smog index for the vehicle. (b) This section does not apply to any authorized emergency vehicle, as defined in Section 165 of the Vehicle Code, or to any employer-provided carpool or vanpool vehicle. (c) This section shall become inoperative five years from the date determined pursuant to Section 32 of the act adding this section, and on the January 1 following that date is repealed. (Added by Stats. 1994, Ch. 1192, Sec. 11. Effective January 1, 1995. Operative on date prescribed by Sec. 32 of Ch. 1192. Inoperative five years from operative date. Repealed on January 1 after inoperative date, by its own provisions.)
  5. 43202.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. New Motor Vehicles [43100 - 43214] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Manufacturers and Dealers [43200 - 43214] ( Article 2 added by Stats. 1975, Ch. 957. )

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    A manufacturer must let the state board inspect emissions testing of new motor vehicles at certain assembly-related locations.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. New Motor Vehicles [43100 - 43214] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Manufacturers and Dealers [43200 - 43214] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 43202. No new motor vehicle required to meet the emission standards adopted by the state board pursuant to Section 43101 shall be sold and registered in this state unless the manufacturer thereof permits the state board to conduct surveillance testing of emissions of new motor vehicles at his assembly facilities, or at any other location where the manufacturer’s assembly line testing is performed and assembly line testing records are kept. Authorization for the sale and registration of any new motor vehicle in this state may be rescinded or withheld if, at any time, the state board is prevented by the manufacturer from conducting surveillance of assembly line testing. (Added by Stats. 1975, Ch. 957.)
  6. 43202.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. New Motor Vehicles [43100 - 43214] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Manufacturers and Dealers [43200 - 43214] ( Article 2 added by Stats. 1975, Ch. 957. )

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    The state board must strengthen certification, audit, and compliance work for new motor vehicles to detect defeat devices or other software used to evade emissions testing.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. New Motor Vehicles [43100 - 43214] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Manufacturers and Dealers [43200 - 43214] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 43202.5. (a) For purposes of this section, “real-world conditions emissions testing” includes both new and used motor vehicles being driven on-road, outside of normal laboratory testing conditions. (b) The state board shall enhance its certification, audit, and compliance activities for new motor vehicles to detect defeat devices or other software used to evade emissions testing. Those certification, audit, and compliance activities shall include, but need not be limited to, the increased utilization of in-use and real-world conditions emissions testing. (c) To further the objectives of subdivision (b), the state board may consult or partner with academic institutions and their associated laboratories to do any of the following: (1) Develop new surveillance methods and test cycles. (2) Perform emissions testing on behalf of the state board. (3) Conduct research on vehicle emissions testing. (Added by Stats. 2018, Ch. 713, Sec. 2. (AB 2381) Effective January 1, 2019.)
  7. 43202.6.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. New Motor Vehicles [43100 - 43214] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Manufacturers and Dealers [43200 - 43214] ( Article 2 added by Stats. 1975, Ch. 957. )

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    The state board may charge manufacturers of new motor vehicles fees by regulation, and manufacturers must pay invoices on time or face added charges and penalties.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. New Motor Vehicles [43100 - 43214] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Manufacturers and Dealers [43200 - 43214] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 43202.6. (a) The state board, by regulation, may impose fees on manufacturers of new motor vehicles to recover the state board’s reasonable costs in implementing Section 43202.5. The total amount of fees collected pursuant to this section shall not exceed five million dollars ($5,000,000) in the 2019–20 fiscal year, and in any subsequent year shall not increase by an amount greater than the annual increase in the California Consumer Price Index. (b) A manufacturer that fails to pay a fee imposed pursuant to subdivision (a) within 60 days after receiving an invoice shall pay the state board an additional charge equal to 10 percent of the fee specified in subdivision (a). If the manufacturer notifies the state board within 60 days after receiving the invoice that additional information is needed to honor the invoice, the state board shall grant an additional 90 days for payment without the imposition of an additional charge. An additional interest fee equal to the rate of interest earned by the Pooled Money Investment Account shall be imposed upon the fee specified in subdivision (a) and the additional charges specified in this subdivision and subdivision (c) for each 30-day period for which they remain unpaid, commencing 60 days after the receipt of the original invoice. (c) A manufacturer that fails to pay all the fees imposed pursuant to this section within one year from the date of receipt of the original invoice shall pay a charge equal to 100 percent of the fees imposed pursuant to subdivision (a). A manufacturer who fails to pay all the charges imposed pursuant to this section within two years from the date of receipt of the original invoice shall pay a penalty equal to 100 percent of the charges imposed pursuant to subdivision (a) and this subdivision for each one-year period for which they remain unpaid. (d) (1) All moneys collected pursuant to subdivision (a) shall be deposited in the Certification and Compliance Fund, created pursuant to Section 43019.2. (2) All moneys collected pursuant to subdivisions (b) and (c) shall be deposited in the Air Pollution Control Fund, created pursuant to Section 43015. (Added by Stats. 2018, Ch. 713, Sec. 3. (AB 2381) Effective January 1, 2019.)
  8. 43203.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. New Motor Vehicles [43100 - 43214] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Manufacturers and Dealers [43200 - 43214] ( Article 2 added by Stats. 1975, Ch. 957. )

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    The state board may charge manufacturers fees for emissions surveillance of new motor vehicles before retail sale, and manufacturers must pay added fees or penalties if they miss the invoice deadlines.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. New Motor Vehicles [43100 - 43214] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Manufacturers and Dealers [43200 - 43214] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 43203. (a) In connection with surveillance of emissions from new motor vehicles prior to their retail sale, the state board may, by regulation, impose fees on manufacturers of these vehicles to recover the state board’s costs in conducting this surveillance. (b) A manufacturer who fails to pay a fee imposed pursuant to this section within 60 days after receiving an invoice shall pay the state board an additional fee equal to 10 percent of the fee specified in subdivision (a). If the manufacturer notifies the state board, within 60 days after receiving the invoice, that additional information is needed to honor the invoice, the state board shall grant an additional 90 days for payment without the imposition of an additional fee. An additional interest fee equal to the rate of interest earned by the Pooled Money Investment Fund shall be imposed upon the fee specified in subdivision (a) and the additional fees specified in this subdivision and subdivision (c) for each 30-day period for which they remain unpaid, commencing 60 days after the receipt of the original invoice. (c) A manufacturer who fails to pay all the fees imposed pursuant to this section within one year from the date of receipt of the original invoice shall pay a penalty fee equal to 100 percent of the fees imposed pursuant to subdivisions (a) and (b). A manufacturer who fails to pay all the fees and penalties imposed pursuant to this section within two years from the date of receipt of the original invoice shall pay a penalty equal to 100 percent of the fees and penalties imposed pursuant to subdivisions (a) and (b) and to this subdivision, for each one-year period for which they remain unpaid. (d) Fees authorized by this section shall be imposed only for surveillance of emissions from new motor vehicles actually conducted. (e) Notwithstanding Section 13340 of the Government Code, all fees collected pursuant to subdivision (a) are continuously appropriated to the state board, to be credited as a reimbursement of the board’s costs incurred in its program for the surveillance of emissions from new vehicles. All fees collected pursuant to subdivisions (b) and (c) shall be deposited by the state board into the Air Pollution Control Fund. (Amended by Stats. 1985, Ch. 607, Sec. 1.)
  9. 43203.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. New Motor Vehicles [43100 - 43214] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Manufacturers and Dealers [43200 - 43214] ( Article 2 added by Stats. 1975, Ch. 957. )

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    The state board must create and run a certification program for certain new direct import vehicles, issue certificates of conformance for vehicles that meet the program, and charge fees subject to limits and enforcement consequences.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. New Motor Vehicles [43100 - 43214] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Manufacturers and Dealers [43200 - 43214] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 43203.5. The state board shall adopt, by regulation, a certification program for new direct import vehicles, as defined by Sections 39024.6, and 39042, which are less than two years old. The state board shall issue a certificate of conformance to each new direct import vehicle which meets the requirements of the certification program. Any bonding requirements for the certification program may not exceed one thousand dollars ($1,000) per new direct import vehicle or engine. The model year designation for new direct import vehicles in an engine family shall be determined on the same basis as vehicles in the same engine family which are offered for sale in California by the manufacturer. The model year designation for any new direct import motor vehicle in an engine family which the manufacturer does not offer for sale in California shall be determined in accordance with the regulations adopted by the state board. The designations shall apply for all purposes of the certification program and for registration of new direct import vehicles. The state board shall, by regulation, impose fees to recover the state board’s costs, including enforcement costs, of administration of the certification program. Failure to pay the fees within 60 days of receipt after notification by the state board shall result in the assessment of a 10 percent penalty. An additional interest assessment on the fees equivalent to the rate earned by the Pooled Money Investment Fund shall accrue at the end of each 30-day period that the fees remain unpaid. Nonpayment of the fees for more than one year shall result in the state board withholding future certification of new vehicles for sale in California. Fees collected in accordance with this section shall be deposited in the Air Pollution Control Fund. (Amended by Stats. 1989, Ch. 859, Sec. 4.)
  10. 43204.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. New Motor Vehicles [43100 - 43214] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Manufacturers and Dealers [43200 - 43214] ( Article 2 added by Stats. 1975, Ch. 957. )

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    Manufacturers of certain pre-1990 motor vehicles and engines must warrant emissions compliance and freedom from defects to buyers.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. New Motor Vehicles [43100 - 43214] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Manufacturers and Dealers [43200 - 43214] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 43204. (a) The manufacturer of each motor vehicle or motor vehicle engine manufactured prior to the 1990 model-year shall warrant to the ultimate purchaser and each subsequent purchaser that the motor vehicle or motor vehicle engine is: (1) Designed, built, and equipped so as to conform, at the time of sale, with the applicable emission standards specified in this part. (2) Free from defects in materials and workmanship which cause such motor vehicle or motor vehicle engine to fail to conform with applicable regulations for its useful life, determined pursuant to subdivision (b). (b) As used in subdivision (a), “useful life” of a motor vehicle or motor vehicle engine means: (1) In the case of light-duty motor vehicles, and motor vehicle engines used in such motor vehicles, a period of use of five years or 50,000 miles, whichever first occurs, except that, in the case of fuel metering and ignition systems and their component parts which are contained in the state board’s “Emissions Warranty Parts List” dated December 14, 1978 (items I(A), I(C), III(A), III(C), III(E), IX(A), and IX(B)), and which are contained in vehicles or vehicle engines certified to the optional standards pursuant to Section 43101.5 and subject to subdivision (a) of Section 43009.5, “useful life” means a period of use of two years or 24,000 miles, whichever occurs first. (2) In the case of any other motor vehicle or motor vehicle engine, a period of use of five years or 50,000 miles, whichever first occurs, unless the state board determines that a period of use of greater duration or mileage is appropriate. (Amended by Stats. 1988, Ch. 1544, Sec. 12.)
  11. 43205.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. New Motor Vehicles [43100 - 43214] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Manufacturers and Dealers [43200 - 43214] ( Article 2 added by Stats. 1975, Ch. 957. )

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    Vehicle manufacturers must provide emissions-related warranties for certain 1990-and-later light-duty and medium-duty vehicles and engines.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. New Motor Vehicles [43100 - 43214] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Manufacturers and Dealers [43200 - 43214] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 43205. (a) Commencing with the 1990 model-year, the manufacturer of each light-duty and medium-duty motor vehicle and motor vehicle engine shall warrant to the ultimate purchaser and each subsequent purchaser that the motor vehicle or motor vehicle engine meets all of the following requirements: (1) Is designed, built, and equipped so as to conform with the applicable emissions standards specified in this part. (2) Is free from defects in materials and workmanship which cause the motor vehicle or motor vehicle engine to fail to conform with applicable requirements specified in this part for three years or 50,000 miles, whichever first occurs. (3) Will, for a period of three years or 50,000 miles, whichever first occurs, pass a test established under Section 44012, but that the warranty shall not apply if the manufacturer demonstrates that the failure of the motor vehicle or motor vehicle engine to pass the test was directly caused by the abuse, neglect, or improper maintenance or repair of the vehicle or engine. (4) Is free from defects in materials and workmanship in emission related parts which, at the time of certification by the state board, are estimated by the manufacturer to cost individually more than three hundred dollars ($300) to replace, for a period of seven years or 70,000 miles, whichever first occurs. (b) The state board shall, by regulation, periodically revise the three hundred dollar ($300) replacement cost level specified in paragraph (4) of subdivision (a) in accordance with the consumer price index, as published by the United States Bureau of Labor Statistics. (c) For purposes of this section and Sections 43204 and 43205.5, a motorcycle is not a light-duty vehicle. (Amended by Stats. 1989, Ch. 1154, Sec. 4.)
  12. 43205.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. New Motor Vehicles [43100 - 43214] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Manufacturers and Dealers [43200 - 43214] ( Article 2 added by Stats. 1975, Ch. 957. )

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    Starting with the 1990 model-year, manufacturers of covered motor vehicles and engines must give warranty coverage to purchasers.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. New Motor Vehicles [43100 - 43214] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Manufacturers and Dealers [43200 - 43214] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 43205.5. Commencing with the 1990 model-year, the manufacturer of each motor vehicle and motor vehicle engine, other than a light-duty or medium-duty motor vehicle or motor vehicle engine, shall warrant to the ultimate purchaser and each subsequent purchaser that the motor vehicle or motor vehicle engine meets all of the following requirements: (a) Is designed, built, and equipped so as to conform with the applicable emission standards specified in this part for a period of use determined by the state board. (b) Is free from defects in materials and workmanship which cause the motor vehicle or motor vehicle engine to fail to conform with applicable requirements specified in this part for the same or lesser period of use established under subdivision (a). (Added by Stats. 1988, Ch. 1544, Sec. 14.)
  13. 43206.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. New Motor Vehicles [43100 - 43214] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Manufacturers and Dealers [43200 - 43214] ( Article 2 added by Stats. 1975, Ch. 957. )

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    California new motor vehicle manufacturers must file an annual report with the state board starting January 1, 1982.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. New Motor Vehicles [43100 - 43214] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Manufacturers and Dealers [43200 - 43214] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 43206. Commencing January 1, 1982, and annually thereafter, every person who manufactures new motor vehicles for sale in California shall file with the state board a report as to the person’s efforts and progress in meeting state standards adopted pursuant to Section 43101 and federal standards and research objectives specified in Section 7521 of Title 42 of the United States Code. The reports shall be available to the public. However, the manufacturer may designate that a portion of the report is a trade secret and the portion shall not be released except to the state board employees specifically designated by the executive officer, unless the state board, after an investigation, determines that the portion is not in fact a trade secret. State board employees having access to the trade secret shall maintain its confidentiality. The state board shall conduct investigations with respect to the reports as it deems necessary. No report is required from the manufacturer once all models of motor vehicles of the manufacturer which are sold in California and which are subject to the state standards adopted pursuant to Section 43101, and the federal standards and research objectives specified in Section 7521 of Title 42 of the United States Code, meet all those standards and objectives. (Amended by Stats. 1992, Ch. 711, Sec. 73. Effective September 15, 1992.)
  14. 43207.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. New Motor Vehicles [43100 - 43214] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Manufacturers and Dealers [43200 - 43214] ( Article 2 added by Stats. 1975, Ch. 957. )

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    The state board may revoke or withhold vehicle certification if a manufacturer fails to file required semiannual reports or submits an inadequate report.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. New Motor Vehicles [43100 - 43214] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Manufacturers and Dealers [43200 - 43214] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 43207. The state board may revoke outstanding certification of new motor vehicles for sale in California if the manufacturer thereof willfully fails to file any semiannual report required by Section 43206 or files a report which is deemed by the state board to inadequately describe the manufacturer’s efforts and progress. The state board may also withhold future certification of such manufacturer’s vehicles until such time as the manufacturer offers for sale in California vehicles which meet the standards promulgated pursuant to Section 1857f-1(b)(1) of Title 42 of the United States Code. (Added by Stats. 1975, Ch. 957.)
  15. 43208.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. New Motor Vehicles [43100 - 43214] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Manufacturers and Dealers [43200 - 43214] ( Article 2 added by Stats. 1975, Ch. 957. )

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    Factory assembly line test procedures do not apply to certain light-duty motor vehicles if the manufacturer gives written notice and stays under the 1,000-vehicle sales limit; the state board may still require testing of up to 2% of those vehicles.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. New Motor Vehicles [43100 - 43214] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Manufacturers and Dealers [43200 - 43214] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 43208. Factory assembly line test procedures shall not apply to light-duty motor vehicles, if (a) the manufacturer thereof advises the state board in writing that the manufacturer does not intend to sell more than 1,000 motor vehicles in California in a given model year, and (b) the manufacturer does not sell more than 1,000 motor vehicles of its make in such a year. Nothing in this section shall be construed to prohibit the state board from requiring testing by the applicable certifying test procedure of up to 2 percent of the motor vehicles of such a manufacturer sold in California. This section shall not apply to 1976 and later model year motor vehicles. (Amended by Stats. 1976, Ch. 1063.)
  16. 43209.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. New Motor Vehicles [43100 - 43214] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Manufacturers and Dealers [43200 - 43214] ( Article 2 added by Stats. 1975, Ch. 957. )

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    A manufacturer or distributor that pays a penalty under Section 43212 must not pass that penalty into the price of motor vehicles sold.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. New Motor Vehicles [43100 - 43214] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Manufacturers and Dealers [43200 - 43214] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 43209. No manufacturer or distributor who pays a penalty pursuant to Section 43212 shall add the amount of such penalty to the cost of any motor vehicles sold by such manufacturer, and any provision of any contract of sale including such penalty as part of the cost of a motor vehicle shall be void and unenforceable. (Added by Stats. 1975, Ch. 957.)
  17. 43210.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. New Motor Vehicles [43100 - 43214] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Manufacturers and Dealers [43200 - 43214] ( Article 2 added by Stats. 1975, Ch. 957. )

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    The state board must set regulations for testing motor vehicles, including reduced statistically valid testing for qualifying large engine families.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. New Motor Vehicles [43100 - 43214] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Manufacturers and Dealers [43200 - 43214] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 43210. (a) The state board shall provide, by regulation, for the testing of motor vehicles on factory assembly lines or in a manner which the state board determines best suited to carry out the purpose of this part and this section. (b) If a motor vehicle does not meet the prescribed assembly line standards, the motor vehicle may be retested according to the official test procedures upon which original certification for that make and model vehicle was based. Any motor vehicle meeting the applicable emission standards by either of the testing procedures shall be deemed to meet the emission standards of the State of California and shall be eligible for sale in this state. (c) The regulations adopted by the state board pursuant to subdivision (a) shall provide for reduced, statistically valid testing of motor vehicles contained in large engine families and for which initial test results indicate compliance with the applicable standards. (Amended by Stats. 1981, Ch. 1185.)
  18. 43210.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. New Motor Vehicles [43100 - 43214] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Manufacturers and Dealers [43200 - 43214] ( Article 2 added by Stats. 1975, Ch. 957. )

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    The state board must require motor vehicle and engine manufacturers to assess emissions-related defects in each engine family and recommend diagnostic and repair procedures.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. New Motor Vehicles [43100 - 43214] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Manufacturers and Dealers [43200 - 43214] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 43210.5. The state board shall, by regulation, require manufacturers of motor vehicles and motor vehicle engines to determine the extent to which emissions-related defects exist in each engine family and to recommend the diagnostic and repair procedures that can result in the identification and correction of these defects under vehicle inspection and maintenance programs. (Added by Stats. 1988, Ch. 1544, Sec. 15.)
  19. 43211.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. New Motor Vehicles [43100 - 43214] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Manufacturers and Dealers [43200 - 43214] ( Article 2 added by Stats. 1975, Ch. 957. )

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    New motor vehicles sold in California must meet state emission standards, and manufacturers can face civil penalties for selling noncompliant vehicles.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. New Motor Vehicles [43100 - 43214] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Manufacturers and Dealers [43200 - 43214] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 43211. (a) A new motor vehicle sold in California shall meet the emission standards adopted by the state board, and a manufacturer who sells, attempts to sell, or causes to be offered for sale a new motor vehicle that fails to meet the applicable emission standards shall be subject to a civil penalty not to exceed thirty-seven thousand five hundred dollars ($37,500) for each such action. (b) For purposes of calculating the penalty for failure to meet zero-emission vehicle credit requirements pursuant to Sections 1962, 1962.1, and 1962.2 of Title 13 of the California Code of Regulations or any subsequent or related regulation, the civil penalty shall not exceed five thousand dollars ($5,000) per zero-emission vehicle credit. (c) The state board shall adjust the maximum penalty specified in subdivisions (a) and (b) for inflation based on the California Consumer Price Index. The adjustment shall be exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (d) Any penalty recovered pursuant to this section shall be deposited into the General Fund. (Amended by Stats. 2016, Ch. 604, Sec. 4. (AB 1685) Effective January 1, 2017.)
  20. 43212.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. New Motor Vehicles [43100 - 43214] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Manufacturers and Dealers [43200 - 43214] ( Article 2 added by Stats. 1975, Ch. 957. )

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    A manufacturer or distributor that fails to comply with state-board emission standards or test procedures can be fined up to $37,500 for each noncompliant vehicle first sold in the state.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. New Motor Vehicles [43100 - 43214] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Manufacturers and Dealers [43200 - 43214] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 43212. (a) (1) A manufacturer or distributor who does not comply with the emission standards or the test procedures adopted by the state board shall be subject to a civil penalty not to exceed thirty-seven thousand five hundred dollars ($37,500) for each vehicle that does not comply with the standards or procedures and that is first sold in this state. The payment of those penalties to the state board and making the vehicles compliant with applicable emission control laws and test procedures may be required by the executive officer of the state board as conditions for the further sale in this state of those motor vehicles. (2) The state board shall adjust the maximum penalty specified in paragraph (1) for inflation based on the California Consumer Price Index. The adjustment shall be exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (b) Any penalty recovered pursuant to this section shall be deposited into the Air Pollution Control Fund. (Amended by Stats. 2017, Ch. 561, Sec. 123. (AB 1516) Effective January 1, 2018.)
  21. 43213.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. New Motor Vehicles [43100 - 43214] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Manufacturers and Dealers [43200 - 43214] ( Article 2 added by Stats. 1975, Ch. 957. )

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    Section 43213 says Sections 43211 and 43212 must be enforced by the state board, and may also be enforced by the California Highway Patrol, the Department of Motor Vehicles, and the bureau.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. New Motor Vehicles [43100 - 43214] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Manufacturers and Dealers [43200 - 43214] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 43213. Sections 43211 and 43212 shall be enforced by the state board, and may be enforced by the Department of the California Highway Patrol, the Department of Motor Vehicles, and the bureau. (Amended by Stats. 1995, Ch. 91, Sec. 85. Effective January 1, 1996.)
  22. 43214.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. New Motor Vehicles [43100 - 43214] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Manufacturers and Dealers [43200 - 43214] ( Article 2 added by Stats. 1975, Ch. 957. )

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    The state board may order a motor vehicle manufacturer to bring its vehicles into compliance with their certified emissions configuration.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 2. New Motor Vehicles [43100 - 43214] ( Chapter 2 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Manufacturers and Dealers [43200 - 43214] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 43214. The state board may order a manufacturer of motor vehicles to bring its vehicles into compliance with the emissions configuration to which they were certified. Compliance with the order may be required by the executive officer of the state board as a condition for the continued sale of those motor vehicles by that manufacturer in this state. (Added by Stats. 2016, Ch. 604, Sec. 6. (AB 1685) Effective January 1, 2017.)
  23. 43600.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Used Motor Vehicles [43600 - 43707] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Device Certification [43600 - 43646] ( Article 1 added by Stats. 1975, Ch. 957. )

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    The state board must adopt and implement emission standards for used motor vehicles, and those standards can be applied to engines instead of vehicles. Certified devices may not be mandated on used motor vehicles unless a statute requires it.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Used Motor Vehicles [43600 - 43707] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Device Certification [43600 - 43646] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 43600. The state board shall adopt and implement emission standards for used motor vehicles for the control of emissions therefrom, which standards the state board has found to be necessary and technologically feasible to carry out the purposes of this division; however, the installation of certified devices on used motor vehicles shall not be mandated except by statute. Such standards may be applicable to motor vehicle engines, rather than to motor vehicles. (Added by Stats. 1975, Ch. 957.)
  24. 43601.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Used Motor Vehicles [43600 - 43707] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Device Certification [43600 - 43646] ( Article 1 added by Stats. 1975, Ch. 957. )

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    The state board must certify exhaust devices for 1955 through 1965 model year motor vehicles.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Used Motor Vehicles [43600 - 43707] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Device Certification [43600 - 43646] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 43601. The state board shall certify exhaust devices for 1955 through 1965 model year motor vehicles. (Added by Stats. 1975, Ch. 957.)
  25. 43602.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Used Motor Vehicles [43600 - 43707] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Device Certification [43600 - 43646] ( Article 1 added by Stats. 1975, Ch. 957. )

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    Certified exhaust devices must not exceed specified emissions limits, and the state board has limited authority to certify devices meeting only two limits in some cases.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Used Motor Vehicles [43600 - 43707] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Device Certification [43600 - 43646] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 43602. An exhaust device certified by the state board pursuant to Section 43601 shall not allow emissions exceeding any of the following: (a) 350 parts per million hydrocarbons. (b) 2 percent carbon monoxide. (c) 800 parts per million nitrogen oxide. However, if no exhaust device meets all three of the maximums specified in subdivisions (a), (b), and (c), the state board may certify an exhaust device which meets any two of the three maximums specified, if the installation of such a device in a motor vehicle would not increase the other emission in excess of the emission of that pollutant by the vehicle in the absence of such a device. If two or more exhaust devices are certified that they meet the requirements of this section, the state board may not require the installation of more than one exhaust device on any motor vehicle. (Added by Stats. 1975, Ch. 957.)
  26. 43603.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Used Motor Vehicles [43600 - 43707] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Device Certification [43600 - 43646] ( Article 1 added by Stats. 1975, Ch. 957. )

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    The state board must adopt regulations setting criteria for exhaust-device certification.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Used Motor Vehicles [43600 - 43707] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Device Certification [43600 - 43646] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 43603. The state board shall adopt, by regulation, criteria for the certification of exhaust devices pursuant to Section 43601. Such criteria shall include, but not be limited to, requirements that: (a) The device meets the cost and performance requirement specified in Section 43604. (b) The device shall not allow exhaust emissions exceeding the amount specified in Section 43602. (c) The manufacturer of the device comply with Section 43635. (Added by Stats. 1975, Ch. 957.)
  27. 43604.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Used Motor Vehicles [43600 - 43707] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Device Certification [43600 - 43646] ( Article 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    Certified exhaust devices cannot cost more than $85 installed, cannot need maintenance more than once every 12,000 miles, and must meet state board performance criteria or last at least 30,000 miles.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Used Motor Vehicles [43600 - 43707] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Device Certification [43600 - 43646] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 43604. An exhaust device certified pursuant to Section 43601: (a) Shall not cost, including the cost of installation, more than eighty-five dollars ($85). (b) Shall not require maintenance more than once each 12,000 miles of operation, and such maintenance shall not cost, including the cost of parts and labor, more than fifteen dollars ($15). (c) Shall equal or exceed the performance criteria established by the state board for such devices for new motor vehicles or, in the alternative, have an expected useful life of at least 30,000 miles of operation. (Added by Stats. 1975, Ch. 957.)
  28. 43610.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Used Motor Vehicles [43600 - 43707] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Device Certification [43600 - 43646] ( Article 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The state board must set standards for and certify certain exhaust devices that reduce nitrogen oxide emissions from specified motor vehicles.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Used Motor Vehicles [43600 - 43707] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Device Certification [43600 - 43646] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 43610. The state board shall set standards for, and certify, exhaust devices to significantly reduce the emission of oxides of nitrogen from 1966 through 1970 model year motor vehicles, as determined by the state board from a representative sampling of such motor vehicles, which the state board has found to be necessary and technologically feasible to carry out the purposes of this division. In setting standards under this section, the primary consideration shall be the greatest possible reduction of oxides of nitrogen. (Added by Stats. 1975, Ch. 957.)
  29. 43611.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Used Motor Vehicles [43600 - 43707] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Device Certification [43600 - 43646] ( Article 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The state board must adopt regulations setting criteria for certification of exhaust devices.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Used Motor Vehicles [43600 - 43707] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Device Certification [43600 - 43646] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 43611. The state board shall adopt, by regulation, criteria for the certification of exhaust devices pursuant to Section 43610. Such criteria shall include, but not be limited to, requirements that: (a) The device meets the cost and performance requirements specified in Section 43612. (b) The device shall not allow exhaust emissions of oxides of nitrogen exceeding the standard adopted by the state board pursuant to Section 43610. (c) The manufacturer of the device comply with Sections 43613 and 43635. (Added by Stats. 1975, Ch. 957.)
  30. 43612.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Used Motor Vehicles [43600 - 43707] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Device Certification [43600 - 43646] ( Article 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    A certified exhaust device cannot cost more than $35 installed, cannot need maintenance more often than every 12,000 miles, and that maintenance cannot cost more than $15. It must also meet state board performance criteria or have an expected useful life of at least 50,000 miles.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Used Motor Vehicles [43600 - 43707] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Device Certification [43600 - 43646] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 43612. An exhaust device certified pursuant to Section 43610: (a) Shall not cost, including the cost of installation, more than thirty-five dollars ($35). (b) Shall not require maintenance more than once each 12,000 miles of operation, and such maintenance shall not cost, including the cost of parts and labor, more than fifteen dollars ($15). (c) Shall equal or exceed the performance criteria established by the state board for devices for new motor vehicles or, in the alternative, have an expected useful life of at least 50,000 miles of operation. (Added by Stats. 1975, Ch. 957.)
  31. 43613.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Used Motor Vehicles [43600 - 43707] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Device Certification [43600 - 43646] ( Article 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    A manufacturer selling a certified exhaust device must provide the purchaser with instructions on how to keep it in proper working condition.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Used Motor Vehicles [43600 - 43707] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Device Certification [43600 - 43646] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 43613. The manufacturer of an exhaust device certified pursuant to Section 43610 shall include, with the sale of such device, instructions setting forth what steps the purchaser should take to maintain such device in proper working condition. (Added by Stats. 1975, Ch. 957.)
  32. 43614.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Used Motor Vehicles [43600 - 43707] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Device Certification [43600 - 43646] ( Article 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    A device certified under Section 43610 cannot be certified if it is less effective than the devices initially certified.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Used Motor Vehicles [43600 - 43707] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Device Certification [43600 - 43646] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 43614. After one or more devices are initially certified pursuant to Section 43610, no device shall be certified under that section which is less effective than the one or ones initially certified. Any subsequent certification of a more effective device shall not affect the certification of a previously certified device. (Added by Stats. 1975, Ch. 957.)
  33. 43630.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Used Motor Vehicles [43600 - 43707] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Device Certification [43600 - 43646] ( Article 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The state board must set standards for certain exhaust-device certifications, may certify qualifying devices, and applicants must prove compliance when seeking installation under this section.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Used Motor Vehicles [43600 - 43707] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Device Certification [43600 - 43646] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 43630. (a) In addition to certifying devices which meet the standards set forth in, or established pursuant to, Sections 43602 and 43610, the state board shall adopt standards for certifying exhaust devices which achieve a reduction of the emission of hydrocarbons, carbon monoxide, and oxides of nitrogen from the exhaust of a motor vehicle substantially below the standards for any two pollutants set forth in, or established pursuant to, Section 43602 or 43610. If, however, an exhaust device is shown to substantially reduce the emission of any two of the three pollutants, the state board may certify such a device, so long as the installation of such device in a motor vehicle does not increase the emission of the other pollutant in excess of the emission of that pollutant by the vehicle in the absence of such a device. (b) Devices certified pursuant to this section may be certified without regard to the provisions of subdivision (a) of Section 43604 or subdivision (a) of Section 43612. (c) After one or more such devices are initially certified, no device shall be certified pursuant to this section which is substantially less effective than any device previously certified, unless the state board determines, pursuant to a cost-benefit analysis, that such less effective device is also substantially less costly and therefore merits certification. Any subsequent certification of a more effective device shall not affect the certification of a previously certified device. (d) The state board may permit the installation of a device certified pursuant to this section in lieu of any certified motor vehicle pollution control device which is required to be installed pursuant to any other provision of state law, if the installation of such device on that particular classification of motor vehicles results in no greater emissions than if the required certified device were operative over the life of the vehicle. The applicant shall be responsible for proving compliance with this subdivision and with other applicable criteria. Certificates of compliance shall be required upon the installation of a device certified pursuant to this section and installed pursuant to this subdivision, as if it were a device required by any other provision of state law. (Added by Stats. 1975, Ch. 957.)
  34. 43635.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Used Motor Vehicles [43600 - 43707] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Device Certification [43600 - 43646] ( Article 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    A device manufacturer must agree to one of two conditions before certification, unless Section 43630 applies.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Used Motor Vehicles [43600 - 43707] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Device Certification [43600 - 43646] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 43635. As a condition to the certification of any motor vehicle pollution control device required under this chapter, except Section 43630, the manufacturer of such a device, in order to protect the public interest, shall agree to either of the following: (a) That, until two or more such devices are certified for the same subclassification of motor vehicles, he enter into such cross-licensing or other agreements the state board determines, after a public hearing, are necessary to insure adequate competition among manufacturers of such devices. (b) That, if his device is the only one made available to the public, the retail price of the device, including installation, does not exceed the price established, after a public hearing, by the state board for that device. (Added by Stats. 1975, Ch. 957.)
  35. 43636.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Used Motor Vehicles [43600 - 43707] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Device Certification [43600 - 43646] ( Article 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The state board must consider manufacturing cost and the manufacturer’s suggested retail price when setting the fair and reasonable retail price for a motor vehicle pollution control device, and it may not set the price above the amount allowed by Section 43604(a) or 43612(a).

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Used Motor Vehicles [43600 - 43707] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Device Certification [43600 - 43646] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 43636. (a) In establishing the fair and reasonable retail price for a motor vehicle pollution control device for purposes of subdivision (b) of Section 43635, the state board shall take into consideration the cost of manufacturing the device and the manufacturer’s suggested retail price. (b) The price established by the state board shall, in no case, exceed the amount specified in subdivision (a) of Section 43604 or subdivision (a) of Section 43612, as the case may be. (Added by Stats. 1975, Ch. 957.)
  36. 43640.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Used Motor Vehicles [43600 - 43707] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Device Certification [43600 - 43646] ( Article 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The state board may revoke, suspend, or restrict a device certification or a previously granted exemption if it determines the device no longer meets the board’s criteria and standards or should no longer be exempted.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Used Motor Vehicles [43600 - 43707] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Device Certification [43600 - 43646] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 43640. The state board may revoke, suspend, or restrict a certification of a previously certified device, or an exemption previously granted, upon a determination by the state board that the device no longer operates within the applicable criteria and standards adopted by the state board or no longer should be exempted. Such a determination may be based on any relevant information, including, but not limited to, a change in the device, significant differences between certified and production models, or new data which bear upon the applicable certification criteria or standards and require the revocation of the device. (Added by Stats. 1975, Ch. 957.)
  37. 43641.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Used Motor Vehicles [43600 - 43707] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Device Certification [43600 - 43646] ( Article 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The state board must conduct timely-requested review proceedings for certification denials or actions to revoke, suspend, or restrict a certification, under the Government Code hearing provisions.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Used Motor Vehicles [43600 - 43707] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Device Certification [43600 - 43646] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 43641. Proceedings to review the denial of an application for certification or exemption, or proceedings to revoke, suspend, or restrict a certification previously granted by the state board, shall, upon the timely request of the applicant or affected manufacturer, be conducted by the state board in accordance with the provisions of Chapter 5 (commencing with Section 11500), Part 1, Division 3, Title 2 of the Government Code, and the state board shall have all the powers granted therein to the Office of Administrative Hearings. (Added by Stats. 1975, Ch. 957.)
  38. 43642.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Used Motor Vehicles [43600 - 43707] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Device Certification [43600 - 43646] ( Article 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The state board may revoke certification for a motor vehicle pollution control device if the installed device costs more than the amount allowed by law or under Section 43635(b).

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Used Motor Vehicles [43600 - 43707] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Device Certification [43600 - 43646] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 43642. Certification for a motor vehicle pollution control device may be revoked by the state board, if the actual cost of the device installed exceeds the cost permitted by law or established pursuant to subdivision (b) of Section 43635. (Added by Stats. 1975, Ch. 957.)
  39. 43643.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Used Motor Vehicles [43600 - 43707] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Device Certification [43600 - 43646] ( Article 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    A vehicle with a certified device is not treated as violating these rules just because the device certification is later revoked, suspended, or restricted.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Used Motor Vehicles [43600 - 43707] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Device Certification [43600 - 43646] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 43643. Any motor vehicle equipped with a certified device shall not be deemed in violation of the provisions of this part, or Section 27156 of the Vehicle Code, because the certification of the device is subsequently revoked, suspended, or restricted. Replacement parts for the device may continue to be supplied and used for such vehicle, unless the revocation, suspension, or restriction is based upon a finding that the certified device has been found to be unsafe in actual use or is otherwise mechanically defective, in which event the device shall be brought into compliance with the provisions of this part within 30 days after such a finding. (Added by Stats. 1975, Ch. 957.)
  40. 43644.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Used Motor Vehicles [43600 - 43707] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Device Certification [43600 - 43646] ( Article 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    You may not market or install an uncertified motor vehicle pollution control device for used motor vehicles, and violating this rule is a misdemeanor.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Used Motor Vehicles [43600 - 43707] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Device Certification [43600 - 43646] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 43644. (a) No person shall install, sell, offer for sale, or advertise, or, except in an application to the state board for certification of a device, represent, any device as a motor vehicle pollution control device for use on any used motor vehicle unless that device has been certified by the state board. No person shall sell, offer for sale, advertise, or represent any motor vehicle pollution control device as a certified device which, in fact, is not a certified device. Any violation of this subdivision is a misdemeanor. (b) Subdivision (a) shall not preclude any person from installing, selling, offering for sale, or advertising a device as a motor vehicle pollution control device for use on a particular classification of used motor vehicles if the state board has found that the installation of the device on that particular classification of used motor vehicle results in such vehicles meeting the state exhaust emissions standards. (Added by Stats. 1975, Ch. 957.)
  41. 43645.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Used Motor Vehicles [43600 - 43707] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Device Certification [43600 - 43646] ( Article 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    When the state board certifies a motor vehicle pollution control device, it must notify the Department of Motor Vehicles, the California Highway Patrol, and the bureau.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Used Motor Vehicles [43600 - 43707] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Device Certification [43600 - 43646] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 43645. Whenever the state board certifies a motor vehicle pollution control device for the control of emissions of pollutants from a particular source of emissions from motor vehicles for which standards have been set by this part or by the state board, it shall so notify the Department of Motor Vehicles, the Department of the California Highway Patrol, and the bureau. (Amended by Stats. 1995, Ch. 91, Sec. 86. Effective January 1, 1996.)
  42. 43646.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Used Motor Vehicles [43600 - 43707] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Device Certification [43600 - 43646] ( Article 1 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The bureau may create a list of engine maintenance practices, the DMV must adjust a vehicle’s smog index in certain cases, and owners of adjusted vehicles must get annual emissions evaluations to keep the adjustment.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Used Motor Vehicles [43600 - 43707] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Device Certification [43600 - 43646] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 43646. (a) The bureau, in consultation with the state board, may develop, not later than 180 days from the operative date of this section, a list of engine maintenance practices that are designed to improve a motor vehicle’s engine operating efficiency. The bureau shall conduct any evaluations that it determines to be necessary to identify the extent to which various maintenance practices could reduce vehicle emissions, and the minimum periodic application of each maintenance practice that is required to achieve the desired improvement in engine operating efficiency. The bureau may contract with private automotive testing services to carry out the evaluations. (b) The bureau shall make the list available to the public, and shall specify therein the extent to which each maintenance practice can be expected to reduce vehicle emissions, and how the application of each practice could result in a reduction of the vehicle’s smog index. (c) A motor vehicle owner who subjects his or her vehicle to enhanced maintenance practices, as established by the bureau, may submit the vehicle to an in-use emissions evaluation at a smog check station to determine if excessive in-use emissions have been reduced. If the vehicle is certified as having reduced its emissions relative to its last in-use emissions evaluation, the Department of Motor Vehicles shall adjust the smog index for the vehicle. Vehicles receiving adjustments pursuant to this subdivision shall submit to annual in-use emissions evaluations to maintain their adjusted smog index. A failure to submit an annual in-use emissions evaluation to the Department of Motor Vehicles shall result in the vehicle’s smog index being adjusted to its original level. (d) This section shall become inoperative pursuant to Section 33 of the act adding this section or, in any case, five years from the date determined pursuant to Section 32 of the act adding this section, and on the January 1 following the date upon which this section becomes inoperative, is repealed. (Added by Stats. 1994, Ch. 1192, Sec. 14. Effective January 1, 1995. Operative on date prescribed by Sec. 32 of Ch. 1192. Inoperative, as provided in subd. (d), under conditions in Sec. 33 of Ch. 1192, or five years from prescribed operative date. Repealed on January 1 after inoperative date, by its own provisions.)
  43. 43650.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Used Motor Vehicles [43600 - 43707] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Certified Device Installation [43650 - 43660] ( Article 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    Every 1955 and later model motor vehicle must be equipped with the certified device required by the DMV manual, as amended for district board rules under Section 43658.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Used Motor Vehicles [43600 - 43707] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Certified Device Installation [43650 - 43660] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 43650. Every 1955 and later model motor vehicle shall be equipped with the certified device as required by the Department of Motor Vehicles Manual of Registration Procedures as of January 1, 1975, or as amended to reflect the adoption of rules and regulations by a district board pursuant to Section 43658. (Added by Stats. 1975, Ch. 957.)
  44. 43651.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Used Motor Vehicles [43600 - 43707] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Certified Device Installation [43650 - 43660] ( Article 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    1963 or later model year motor vehicles registered in this state must be equipped with a certified device to control crankcase emissions.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Used Motor Vehicles [43600 - 43707] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Certified Device Installation [43650 - 43660] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 43651. Every 1963 or later model year motor vehicle, subject to registration in this state, shall be equipped with a certified device to control its crankcase emissions. (Amended by Stats. 1976, Ch. 1063.)
  45. 43652.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Used Motor Vehicles [43600 - 43707] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Certified Device Installation [43650 - 43660] ( Article 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    Certain 1955 through 1965 model-year vehicles registered in the state must have a certified exhaust-emissions control device when ownership is transferred and the vehicle is registered, or when it is first registered in the state, unless Section 43657 applies.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Used Motor Vehicles [43600 - 43707] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Certified Device Installation [43650 - 43660] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 43652. Except as provided in Section 43657, every 1955 through 1965 model year motor vehicle, subject to registration in this state, upon either transfer of ownership and registration, or upon initial registration of such vehicle not previously registered in this state, shall be equipped with a certified device to control its exhaust emissions in accordance with a schedule of installation adopted by the state board. (Added by Stats. 1975, Ch. 957.)
  46. 43653.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Used Motor Vehicles [43600 - 43707] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Certified Device Installation [43650 - 43660] ( Article 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    Certain 1966 or later model year motor vehicles in California must be equipped with a certified device that controls crankcase and exhaust emissions.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Used Motor Vehicles [43600 - 43707] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Certified Device Installation [43650 - 43660] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 43653. Every 1966 or later model year motor vehicle, subject to registration and first sold and registered in this state, shall be equipped with a certified device to control its crankcase emissions and exhaust emissions. (Added by Stats. 1975, Ch. 957.)
  47. 43654.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Used Motor Vehicles [43600 - 43707] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Certified Device Installation [43650 - 43660] ( Article 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    Most 1966–1970 light-duty vehicles registered in this state must have a certified emissions-control device when first registered, when ownership is transferred and registered, or when a vehicle previously registered out of state is registered here.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Used Motor Vehicles [43600 - 43707] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Certified Device Installation [43650 - 43660] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 43654. (a) Except as otherwise provided in subdivision (b), every 1966 through 1970 light-duty motor vehicle, subject to registration in this state, shall be equipped with a certified device to control its exhaust emission of oxides of nitrogen upon initial registration, upon transfer of ownership and registration, and upon registration of a motor vehicle previously registered outside this state. (b) Subdivision (a) shall not apply to a 1966 through 1970 light-duty motor vehicle (1) which is registered to, or subject to registration by, an elderly low-income person, (2) which was purchased from a person other than a dealer or a person holding a retail seller’s permit, and (3) which is used principally by or for the benefit of the elderly low-income person. However, only one vehicle described above shall be registered to, or subject to registration by, the elderly low-income person at any one time. (c) For purposes of subdivision (b), the Department of Motor Vehicles may require satisfactory proof (1) of the age of the transferee of the motor vehicle, (2) of the combined adjusted gross income of the household in which the transferee resides, and (3) that the transferor of the motor vehicle is a person other than a dealer or a person holding a retail seller’s permit. (Amended by Stats. 1982, Ch. 664, Sec. 2.)
  48. 43655.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Used Motor Vehicles [43600 - 43707] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Certified Device Installation [43650 - 43660] ( Article 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The state board must adopt regulations setting schedules for installing certified exhaust-emission control devices, after consulting specified agencies.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Used Motor Vehicles [43600 - 43707] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Certified Device Installation [43650 - 43660] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 43655. (a) The state board shall adopt, by regulation, schedules of installation of certified devices to control exhaust emissions for purposes of Section 43652, after consultation with the Department of the California Highway Patrol, the Department of Motor Vehicles, and the bureau. (b) In establishing the schedules, the state board shall consider all relevant factors, including, but not limited to, the burden of enforcement on the Department of the California Highway Patrol, the Department of Motor Vehicles, and the bureau, the need for rapid installation of motor vehicle pollution control devices in order to preserve and protect the public health, and the existing ambient air quality in the air basins. (Amended by Stats. 1995, Ch. 91, Sec. 87. Effective January 1, 1996.)
  49. 43656.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Used Motor Vehicles [43600 - 43707] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Certified Device Installation [43650 - 43660] ( Article 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The state board may exempt certain vehicles from installation schedules in specified situations.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Used Motor Vehicles [43600 - 43707] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Certified Device Installation [43650 - 43660] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 43656. The state board may exempt from any schedule of installation adopted pursuant to Section 43654 or 43655: (a) Motor vehicles or classifications or subclassifications of motor vehicles for which certified devices are not available. (b) Motor vehicles or classifications or subclassifications of motor vehicles whose emissions are found by appropriate tests to meet applicable emission standards without an additional motor vehicle pollution control device. (c) Implements of husbandry. (d) Vehicles which qualify for special identification plates pursuant to Section 5004 of the Vehicle Code. (Added by Stats. 1975, Ch. 957.)
  50. 43656.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Used Motor Vehicles [43600 - 43707] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Certified Device Installation [43650 - 43660] ( Article 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    A garage or service station may charge no more than 0.3 hour’s labor rate for inspection and certification of an exemption under Section 43656, and the charge must be posted as a fixed fee.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Used Motor Vehicles [43600 - 43707] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Certified Device Installation [43650 - 43660] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 43656.5. The charge that can be made for the inspection and certification of exemption granted by the state board pursuant to Section 43656 shall not exceed three-tenths (0.3) of one hour multiplied by the hourly labor rate charged by the particular garage or service station. The charge shall be posted as a fixed fee. (Added by Stats. 1976, Ch. 1063.)
  51. 43657.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Used Motor Vehicles [43600 - 43707] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Certified Device Installation [43650 - 43660] ( Article 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The state board may exempt certain motor vehicles from the installation schedule after a public hearing if the installation is not necessary or desirable to protect public health and ambient air quality.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Used Motor Vehicles [43600 - 43707] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Certified Device Installation [43650 - 43660] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 43657. The state board may also exempt, from the schedule of installation adopted pursuant to Section 43655, any motor vehicle registered to an owner whose residence is in a county, or portion thereof, which the state board finds, after a public hearing, that the installation of a certified device pursuant to Section 43652 to control exhaust emissions is not necessary or desirable to preserve and protect the public health and the existing ambient air quality thereof. (Added by Stats. 1975, Ch. 957.)
  52. 43658.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Used Motor Vehicles [43600 - 43707] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Certified Device Installation [43650 - 43660] ( Article 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    A district board may require certified emission-control devices on 1955–1965 model year motor vehicles in the district, and if it does, the rules must include an installation schedule and coordination with enforcement agencies.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Used Motor Vehicles [43600 - 43707] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Certified Device Installation [43650 - 43660] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 43658. (a) If the evidence submitted at a public hearing indicates that, in order to preserve the ambient air quality of a district, it is necessary that every 1955 through 1965 model year motor vehicle within the district be equipped with device or devices certified by the state board to control emission of pollutants from the crankcase or exhaust, the district board may adopt rules and regulations to require the installation of such devices. (b) The rules and regulations shall provide for a schedule of installation by which the motor vehicles are to be equipped with certified device, taking into consideration the number of motor vehicles to be equipped, the availability of such devices, and the availability of licensed installers to install such devices. (c) The district board shall coordinate its activities pursuant to this section with the Department of the California Highway Patrol and the Department of Motor Vehicles in order to insure adoption of procedures which will facilitate enforcement of the rules and regulations adopted pursuant to this section. (Added by Stats. 1975, Ch. 957.)
  53. 43659.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Used Motor Vehicles [43600 - 43707] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Certified Device Installation [43650 - 43660] ( Article 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The state board must review each year whether the exhaust-device requirement for certain older light-duty vehicles should continue, and it may end the requirement by regulation if it is no longer significant for air-quality standards.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Used Motor Vehicles [43600 - 43707] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Certified Device Installation [43650 - 43660] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 43659. (a) The state board shall annually review the requirement that an exhaust device be installed on every 1955 through 1965 model year light-duty motor vehicle upon initial registration, upon transfer of ownership and registration, or upon registration of a motor vehicle previously registered outside this state, to determine the contribution of that requirement to the maintenance of required ambient air quality standards in those air basins where the requirement is applicable. (b) In making its determination, the state board shall consider all relevant factors, including, but not limited to, the fact that the requirement is being imposed on a constantly decreasing number of motor vehicles. (c) Upon a determination by the state board by regulation that the requirement is no longer a significant factor to the maintenance of required ambient air quality standards in any applicable air basin, except as provided in subdivision (d), 1955 through 1965 model year light-duty motor vehicles in that air basin shall no longer be required to be so equipped. (d) All 1955 through 1965 model year light-duty motor vehicles equipped with an exhaust device pursuant to the requirement prior to the adoption of the regulation by the state board pursuant to subdivision (c) shall continue to be so equipped. (Amended by Stats. 1982, Ch. 664, Sec. 3.)
  54. 43660.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Used Motor Vehicles [43600 - 43707] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Certified Device Installation [43650 - 43660] ( Article 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The state board must review a vehicle emissions requirement and report its findings and recommendations to the Legislature by January 1, 1984.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Used Motor Vehicles [43600 - 43707] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Certified Device Installation [43650 - 43660] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 43660. The state board shall review the requirement that every 1966 through 1970 light-duty motor vehicle be equipped with a certified device to control its exhaust emissions of oxides of nitrogen upon initial registration and upon transfer of ownership and registration, to determine the contribution of that requirement to the maintenance of ambient air quality standards in the state and the cost effectiveness of that requirement. The state board shall report to the Legislature its findings and recommendations with regard to the requirement not later than January 1, 1984. (Added by Stats. 1982, Ch. 892, Sec. 1.7.)
  55. 43700.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Used Motor Vehicles [43600 - 43707] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Heavy-Duty Motor Vehicles [43700 - 43704] ( Article 3 added by Stats. 1990, Ch. 1453, Sec. 1. )

    Verify source ↗

    The Legislature states that stricter diesel fuel specifications can reduce emissions from existing vehicles, and that reducing diesel vehicle emissions is in the best interests of air quality and public health.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Used Motor Vehicles [43600 - 43707] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Heavy-Duty Motor Vehicles [43700 - 43704] ( Article 3 added by Stats. 1990, Ch. 1453, Sec. 1. ) ## 43700. The Legislature finds and declares all of the following: (a) Significant reductions in diesel emissions from existing vehicles can be achieved by the adoption of stricter diesel fuel specifications on sulfur, aromatics, and other fuel properties. (b) The state board, in consultation with the State Department of Health Services, is evaluating the potential carcinogenic effects of specific constituents of diesel exhaust. Diesel exhaust is known to include, as constituents, many substances known or suspected to be toxic air contaminants. (c) The Environmental Protection Agency has agreed to study the health effects of various fuels, including diesel, to determine the relative impacts on public health and the environment. (d) Notwithstanding the ongoing study and review, reduction of emissions from diesel powered vehicles, to the maximum extent feasible, is in the best interests of air quality and public health. (Added by Stats. 1990, Ch. 1453, Sec. 1.)
  56. 43700.1.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Used Motor Vehicles [43600 - 43707] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Heavy-Duty Motor Vehicles [43700 - 43704] ( Article 3 added by Stats. 1990, Ch. 1453, Sec. 1. )

    Verify source ↗

    The state board must convene interested parties to develop a test protocol for CARB diesel fuel and recommend a later test program, then complete the test program and submit the results to specified legislative committees by December 31, 2007.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Used Motor Vehicles [43600 - 43707] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Heavy-Duty Motor Vehicles [43700 - 43704] ( Article 3 added by Stats. 1990, Ch. 1453, Sec. 1. ) ## 43700.1. (a) The state board shall convene a panel of interested parties to develop a test protocol for the evaluation of California Air Resources Board (CARB) diesel fuel, and to recommend to the executive officer of the state board a subsequent test program that measures the emissions benefits of CARB diesel fuel. (b) No later than December 31, 2007, the state board shall complete the test program described in subdivision (a), and shall submit the results of the test program to the Senate Committee on Environmental Quality, the Senate Committe on Transportation and Housing, and the Assembly Committee on Transportation. (Added by Stats. 2006, Ch. 11, Sec. 2. Effective January 1, 2007.)
  57. 43701.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Used Motor Vehicles [43600 - 43707] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Heavy-Duty Motor Vehicles [43700 - 43704] ( Article 3 added by Stats. 1990, Ch. 1453, Sec. 1. )

    Verify source ↗

    The state board must adopt emissions-related regulations for heavy-duty diesel vehicles, and certain owners or operators must comply with inspections and evidence-keeping requirements.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Used Motor Vehicles [43600 - 43707] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Heavy-Duty Motor Vehicles [43700 - 43704] ( Article 3 added by Stats. 1990, Ch. 1453, Sec. 1. ) ## 43701. (a) (1) Not later than July 15, 1992, the state board, in consultation with the bureau and the review committee established pursuant to subdivision (a) of Section 44021, shall, after a public hearing, adopt regulations that require that owners or operators of heavy-duty diesel motor vehicles perform regular inspections of their vehicles for excessive emissions of smoke. The inspection procedure, the frequency of inspections, the emission standards for smoke, and the actions the vehicle owner or operator is required to take to remedy excessive smoke emissions shall be specified by the state board. Those standards shall be developed in consultation with interested parties. The smoke standards adopted under this subdivision shall not be more stringent than those adopted under Chapter 5 (commencing with Section 44000). (2) (A) On or before December 31 of each year, a fleet shall comply with the regulations and standards for that calendar year. (B) For purposes of this paragraph, “fleet” means any group of two or more heavy-duty diesel-fueled vehicles that are owned or operated by the same person. (b) Not later than December 15, 1993, the state board shall, in consultation with the State Energy Resources Conservation and Development Commission, and after a public hearing, adopt regulations that require that heavy-duty diesel motor vehicles subject to subdivision (a) utilize emission control equipment and alternative fuels. The state board shall consider, but not be limited to, the use of cleaner burning diesel fuel, or other methods that will reduce gaseous and smoke emissions to the greatest extent feasible, taking into consideration the cost of compliance. The regulations shall provide that any significant modification of the engine necessary to meet these requirements shall be made during a regularly scheduled major maintenance or overhaul of the vehicle’s engine. If the state board requires the use of alternative fuels, it shall do so only to the extent those fuels are available. (c) The state board shall adopt emissions standards and procedures for the qualification of any equipment used to meet the requirements of subdivision (b), and only qualified equipment shall be used. (d) To the extent permissible under federal law, commencing January 1, 2006, the owner or operator of any commercial motor truck, as defined in Section 410 of the Vehicle Code, with a gross vehicle weight rating (GVWR) greater than 10,000 pounds that enters the state for the purposes of operating in the state shall maintain, and provide upon demand to enforcement authorities, evidence demonstrating that its engine met the federal emission standards applicable to commercial heavy-duty engines for that engine’s model-year at the time it was manufactured, pursuant to the protocol and regulations developed and implemented pursuant to subdivision (e). (e) The state board, not later than January 1, 2006, in consultation with the Department of the California Highway Patrol, shall develop, adopt, and implement regulations establishing an inspection protocol for determining whether the engine of a truck subject to the requirements of subdivision (d) met the federal emission standard applicable to heavy-duty engines for that engine’s model-year at the time it was manufactured. (Amended by Stats. 2012, Ch. 242, Sec. 1. (AB 1922) Effective January 1, 2013.)
  58. 43702.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Used Motor Vehicles [43600 - 43707] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Heavy-Duty Motor Vehicles [43700 - 43704] ( Article 3 added by Stats. 1990, Ch. 1453, Sec. 1. )

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    The state board must create and run a reimbursement program for certain diesel-fuel damage claims, with filing and payment limits.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Used Motor Vehicles [43600 - 43707] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Heavy-Duty Motor Vehicles [43700 - 43704] ( Article 3 added by Stats. 1990, Ch. 1453, Sec. 1. ) ## 43702. (a) Any revenues received by the state board from any variance fees imposed upon manufacturers who receive a variance from the standards for the content of diesel fuel adopted by the state board, which apply on and after October 1, 1993, shall be deposited in the Diesel Fuel Trust Fund, which is hereby created in the State Treasury. The money in the trust fund may be expended only upon appropriation by the Legislature in accordance with subdivisions (b) and (c). (b) The money in the Diesel Fuel Trust Fund shall be expended to reimburse owners of diesel fuel-powered engines and diesel fuel-powered equipment for damage to fuel injection system elastomer components which can be established as the result of the use of the diesel fuel and which is damage that is not the responsibility of the manufacturer. (c) The state board shall develop and implement, by November 30, 1994, a reimbursement program to include all of the following: (1) An application for reimbursement claims, to be submitted to the state board, that requires documentation that supports a claim of damage to diesel fuel injection system elastomer components. The documentation shall consist of repair records from an authorized engine repair business or fleet repair facility which verify that diesel fuel injection system elastomer component damage occurred on and after September 1, 1993, and that the failure occurred as the result of diesel fuel which met the standards for the content of diesel fuel adopted by the state board, which applied on and after October 1, 1993. (2) Claimants shall demonstrate evidence of ownership of a vehicle or equipment for which damage is claimed by providing copies of ownership records. (3) Claimants with valid claims shall be reimbursed for the cost of repairs up to a maximum amount for each of the following two classes of vehicle or equipment, as follows: (A) Owners of light-duty vehicles, small marine engines, and stationary units, including, but not limited to, utility engines, compressors, pumps, and generators, shall be reimbursed for damage not exceeding four hundred fifty dollars ($450) for each claim. (B) Owners of heavy-duty onroad vehicles and offroad agricultural and construction equipment shall be reimbursed for damage not exceeding five hundred fifty dollars ($550) for each claim. (4) Claimants shall be limited to one claim for each vehicle or equipment unit. (5) The state board shall develop an audit component within the reimbursement program to identify fraudulent claims. (6) All applications for claims shall be postmarked not later than midnight, March 1, 1995. Applications arriving after that deadline are invalid and shall be returned to the sender. (7) The state board shall not pay any claims until all claims have been reviewed and the state board can make a reasonable estimate of the total amount of valid claims. If the amount exceeds the amount of money in the Diesel Fuel Trust Fund, reimbursement for valid claims shall be prorated in each class specified in paragraph (3). (8) The state board shall give notice of the reimbursement program by publication in major newspapers of general circulation in the state. That notice shall fully describe the reimbursement program, including, but not limited to, the limits of reimbursement and the possible proration of claims in the event that valid claims exceed the amount of money in the Diesel Fuel Trust Fund. (9) The state board may expend an amount not to exceed three hundred thousand dollars ($300,000) from the Diesel Fuel Trust Fund to administer the reimbursement program. (10) The state board may contract with a private mediation firm to review and adjudicate claims. (11) The state board may adopt guidelines for administering the reimbursement program after providing adequate opportunity for public review and comment. Guidelines adopted by the state board pursuant to this paragraph shall be exempt from Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (d) The Legislature hereby finds and declares that the reimbursement program shall not be considered to be mitigation for the impacts of the standards adopted by the state board for the formulation of diesel fuel, and by the enactment of this section, the state is not thereby assuming any responsibility for mitigating impacts on operators of diesel vehicles or equipment arising from the implementation of the standards. The Legislature further finds and declares that the reimbursement program is a proper use of public funds and serves a necessary public purpose. (Amended by Stats. 1995, Ch. 91, Sec. 89. Effective January 1, 1996.)
  59. 43704.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Used Motor Vehicles [43600 - 43707] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Heavy-Duty Motor Vehicles [43700 - 43704] ( Article 3 added by Stats. 1990, Ch. 1453, Sec. 1. )

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    A person who violates Section 2485 of Title 13 of the California Code of Regulations faces a minimum civil penalty of $300.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 3. Used Motor Vehicles [43600 - 43707] ( Chapter 3 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Heavy-Duty Motor Vehicles [43700 - 43704] ( Article 3 added by Stats. 1990, Ch. 1453, Sec. 1. ) ## 43704. Any person who violates Section 2485 of Title 13 of the California Code of Regulations is subject to a minimum civil penalty of three hundred dollars ($300). (Added by Stats. 2007, Ch. 592, Sec. 4. Effective January 1, 2008.)
  60. 438.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. Office of the Surgeon General [438 - 439] ( Part 1.5 added by Stats. 2019, Ch. 38, Sec. 12. )

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    The Office of the Surgeon General is established within the California Health and Human Services Agency and must carry out specified public health responsibilities.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. Office of the Surgeon General [438 - 439] ( Part 1.5 added by Stats. 2019, Ch. 38, Sec. 12. ) ## 438. The Office of the Surgeon General is hereby established within the California Health and Human Services Agency. The office shall be responsible for all of the following: (a) Raising public awareness on and coordinating policies governing scientific screening and treatment for toxic stress and adverse childhood events. (b) Advising the Governor, the Secretary of the California Health and Human Services Agency, and policymakers on a comprehensive approach to address health issues and challenges, including toxic stress and adverse childhood events, as effectively and early as possible. (c) Marshalling the insights and energy of medical professionals, scientists, and other academic experts, public health experts, public servants, and everyday Californians to solve our most pressing health challenges, including toxic stress and adverse childhood events. (Added by Stats. 2019, Ch. 38, Sec. 12. (SB 78) Effective June 27, 2019.)
  61. 43801.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Miscellaneous [43800 - 43871] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Low-Emission Motor Vehicles [43800 - 43806] ( Article 1 added by Stats. 1975, Ch. 957. )

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    The Legislature states that motor vehicle emissions are a major source of air pollution in California and encourages development and testing of low-emission motor vehicles.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Miscellaneous [43800 - 43871] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Low-Emission Motor Vehicles [43800 - 43806] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 43801. The Legislature finds and declares that emission of air pollutants from motor vehicles is a major contributor to air pollution within the State of California and, therefore, declares its policy to encourage the development and testing of various types of low-emission motor vehicles, which would contribute substantially to achieving a pure and healthy atmosphere for the people of this state. (Added by Stats. 1975, Ch. 957.)
  62. 43803.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Miscellaneous [43800 - 43871] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Low-Emission Motor Vehicles [43800 - 43806] ( Article 1 added by Stats. 1975, Ch. 957. )

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    The Department of General Services must decide whether each state-board-identified low-emission motor vehicle meets listed requirements.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Miscellaneous [43800 - 43871] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Low-Emission Motor Vehicles [43800 - 43806] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 43803. For each vehicle identified by the state board as a low-emission motor vehicle, the Department of General Services, in consultation with the state board and the State Energy Resources Conservation and Development Commission, shall determine if the low-emission motor vehicle meets all of the following requirements: (a) The vehicle can be manufactured or obtained in sufficient numbers for the purpose of proper evaluation. (b) The vehicle meets the performance needs for state vehicles. (c) The cost of the vehicle does not exceed by more than 100 percent the average cost of comparable state vehicles purchased in the preceding fiscal year. (d) If the vehicle is purchased by the state, there would be a sufficient number of servicing and maintenance outlets. (e) The average operating and maintenance costs for the vehicle are comparable to the average operating and maintenance costs for all other state passenger vehicles. In no event, however, shall the average operating and maintenance costs for the vehicle exceed the average costs of operating and maintaining all other state vehicles by more than 50 percent. (Amended by Stats. 1989, Ch. 796, Sec. 4.)
  63. 43804.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Miscellaneous [43800 - 43871] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Low-Emission Motor Vehicles [43800 - 43806] ( Article 1 added by Stats. 1975, Ch. 957. )

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    The state must buy low-emission motor vehicles when the stated conditions are met, starting next fiscal year.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Miscellaneous [43800 - 43871] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Low-Emission Motor Vehicles [43800 - 43806] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 43804. (a) If a low-emission motor vehicle meets the requirements of this chapter and the performance, cost, service, and maintenance requirements adopted by the Department of General Services for such motor vehicles, and if funds are appropriated for the purpose of purchasing motor vehicles, the state shall purchase, beginning with the next fiscal year, as many of such low-emission motor vehicles as the Department of General Services determines are reasonable and available to meet state needs. (b) If a sufficient number of low-emission motor vehicles are available, the percentage of all such motor vehicles to be purchased in that year shall not be less than 25 percent of all motor vehicles purchased by the state in the preceding fiscal year. In purchasing vehicles pursuant to this section, the state shall seek to acquire a mix of least polluting and least cost qualifying low-emission motor vehicles. (Amended by Stats. 1989, Ch. 796, Sec. 5.)
  64. 43805.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Miscellaneous [43800 - 43871] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Low-Emission Motor Vehicles [43800 - 43806] ( Article 1 added by Stats. 1975, Ch. 957. )

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    This chapter does not apply to patrol cars of the California Highway Patrol or motor vehicles classified as special-purpose vehicles by the Department of General Services.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Miscellaneous [43800 - 43871] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Low-Emission Motor Vehicles [43800 - 43806] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 43805. The provisions of this chapter shall not apply to the following motor vehicles: (a) Patrol cars of the Department of the California Highway Patrol. (b) Any motor vehicle classified as a special-purpose vehicle by the Department of General Services. (Added by Stats. 1975, Ch. 957.)
  65. 43806.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Miscellaneous [43800 - 43871] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Low-Emission Motor Vehicles [43800 - 43806] ( Article 1 added by Stats. 1975, Ch. 957. )

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    The state board must adopt emission standards and procedures for new engines in public transit buses by January 1, 1993, and make them effective by January 1, 1996.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Miscellaneous [43800 - 43871] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1. Low-Emission Motor Vehicles [43800 - 43806] ( Article 1 added by Stats. 1975, Ch. 957. ) ## 43806. On or before January 1, 1993, the state board shall adopt emission standards and procedures applicable to new engines used in publicly owned and privately owned public transit buses, and shall make the standards and procedures effective on or before January 1, 1996. The standards shall consider the engine and fuel as a system and shall reflect the use of the best emission control technologies expected to be available at the time the standards and procedures become effective. In adopting standards, the state board shall consider the projected costs and availability of cleaner burning alternative fuels and low-emission vehicles compared with other air pollution control measures. (Added by Stats. 1991, Ch. 496, Sec. 2.)
  66. 43810.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Miscellaneous [43800 - 43871] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1.5. Energy-Efficient Vehicle Group Purchase Program [43810 - 43813] ( Article 1.5 added by Stats. 2005, Ch. 580, Sec. 1. )

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    This section names the article the California Energy-Efficient Vehicle Group Purchase Program and allows it to be cited by that name.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Miscellaneous [43800 - 43871] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1.5. Energy-Efficient Vehicle Group Purchase Program [43810 - 43813] ( Article 1.5 added by Stats. 2005, Ch. 580, Sec. 1. ) ## 43810. This article shall be known, and may be cited as, the California Energy-Efficient Vehicle Group Purchase Program. (Added by Stats. 2005, Ch. 580, Sec. 1. Effective January 1, 2006.)
  67. 43811.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Miscellaneous [43800 - 43871] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1.5. Energy-Efficient Vehicle Group Purchase Program [43810 - 43813] ( Article 1.5 added by Stats. 2005, Ch. 580, Sec. 1. )

    Verify source ↗

    The Legislature states that California should encourage local and state agencies to buy energy-efficient vehicles through a group-purchasing program.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Miscellaneous [43800 - 43871] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1.5. Energy-Efficient Vehicle Group Purchase Program [43810 - 43813] ( Article 1.5 added by Stats. 2005, Ch. 580, Sec. 1. ) ## 43811. It is the intent of the Legislature that the state encourage the purchase of energy-efficient vehicles by local and state agencies through a group-purchasing program that uses the purchasing leverage of state and local agencies to lower the purchase price of those vehicles. (Added by Stats. 2005, Ch. 580, Sec. 1. Effective January 1, 2006.)
  68. 43812.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Miscellaneous [43800 - 43871] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1.5. Energy-Efficient Vehicle Group Purchase Program [43810 - 43813] ( Article 1.5 added by Stats. 2005, Ch. 580, Sec. 1. )

    Verify source ↗

    This section defines several terms used in the article, including “Department,” “Director,” “Energy-efficient vehicle,” “Local agency,” and “State agency.”

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Miscellaneous [43800 - 43871] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1.5. Energy-Efficient Vehicle Group Purchase Program [43810 - 43813] ( Article 1.5 added by Stats. 2005, Ch. 580, Sec. 1. ) ## 43812. For the purposes of this article, the following definitions apply: (a) “Department” means the Department of General Services. (b) “Director” means the Director of General Services. (c) “Energy-efficient vehicle” means either of the following: (1) A vehicle that meets California’s super ultra-low emission vehicle (SULEV) standard for exhaust emissions and the federal inherently low-emission vehicle (ILEV) evaporative emission standard, as defined in Part 88 (commencing with Section 88.101-94) of Title 40 of the Code of Federal Regulations. (2) A hybrid vehicle or an alternative fuel vehicle that meets California’s advanced technology partial zero-emission vehicle (AT PZEV) standard for criteria pollutant emissions. (d) “Local agency” means any governmental subdivision, district, public and quasi-public corporation, joint powers agency, public agency or public service corporation, authority, agency, board, commission, town, city, county, city and county, fire district, special district, school district, public utility, community college, or municipal corporation, whether incorporated or not or whether chartered or not, or any other public entity. (e) “State agency” means any department, division, board, bureau, commission, or other authority of the State of California, the University of California, or the California State University. (Amended by Stats. 2006, Ch. 538, Sec. 403. Effective January 1, 2007.)
  69. 43813.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Miscellaneous [43800 - 43871] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1.5. Energy-Efficient Vehicle Group Purchase Program [43810 - 43813] ( Article 1.5 added by Stats. 2005, Ch. 580, Sec. 1. )

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    The Department of General Services must run an energy-efficient vehicle group purchase program, negotiate low purchase prices, notify affected agencies, and set up an advisory committee. The department may also recover its actual administrative costs from program participants.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Miscellaneous [43800 - 43871] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 1.5. Energy-Efficient Vehicle Group Purchase Program [43810 - 43813] ( Article 1.5 added by Stats. 2005, Ch. 580, Sec. 1. ) ## 43813. (a) There is established in the Department of General Services an energy-efficient vehicle group purchase program. The department shall negotiate the lowest possible purchase price, with one or more vendors, for energy-efficient vehicles on behalf of state and local agencies that are interested in obtaining those vehicles. (b) In administering the program, the Director of General Services shall do all of the following: (1) No later than April 1, 2006, establish an advisory committee, in cooperation with local and state agencies as defined in Section 43812. (A) The committee shall meet at least once no later than 30 days after all members are appointed. (B) The committee shall consult with the department regarding the design of the program and other matters relating to the purchase of energy-efficient vehicles, no later than July 30, 2006. (2) Notify all affected agencies about the purchasing program through the department’s Internet Web site and publications, the Internet Web sites of appropriate associations, governing boards of local agency associations, and other cost-effective means. (3) After consultation with the committee pursuant to subparagraph (B) of paragraph (1) of subdivision (b), the director shall negotiate contracts, through competitive means and other appropriate strategies, for the purchase of energy-efficient vehicles at the lowest possible price from one or more reliable vendors. (4) Include a provision in the vendor contract allowing any state or local agency to purchase energy-efficient vehicles directly from the vendor at the contract price. (c) The department may recover its actual administrative costs from program participants. (d) Nothing in this article shall be construed as superseding or precluding any similar program that is administered by a district, any other public agency, or any other person. (Added by Stats. 2005, Ch. 580, Sec. 1. Effective January 1, 2006.)
  70. 43820.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Miscellaneous [43800 - 43871] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Fuel System Evaporative Loss Control Devices [43820 - 43824] ( Article 2 added by Stats. 1975, Ch. 957. )

    Verify source ↗

    The state board must adopt regulations setting certification criteria for certain fuel system evaporative loss control devices.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Miscellaneous [43800 - 43871] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Fuel System Evaporative Loss Control Devices [43820 - 43824] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 43820. The state board shall adopt, by regulation, criteria for the certification of fuel system evaporative loss control devices for installation on motor vehicles not equipped with such a device when first sold. Such criteria shall include, but not be limited to, requirements that the device: (a) Shall not allow fuel system evaporative loss greater than six grams of hydrocarbons per test. (b) Shall equal or exceed the performance criteria established by the state board for such new devices required on new motor vehicles or, in the alternative, shall have an expected useful life of at least 50,000 miles of operation. (Added by Stats. 1975, Ch. 957.)
  71. 43821.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Miscellaneous [43800 - 43871] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Fuel System Evaporative Loss Control Devices [43820 - 43824] ( Article 2 added by Stats. 1975, Ch. 957. )

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    When adopting certification criteria for fuel system evaporative loss control devices, the state board must consider cost, durability, ease of testing proper functioning, and any other factors it thinks affect suitability for air pollution control or public health and safety.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Miscellaneous [43800 - 43871] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Fuel System Evaporative Loss Control Devices [43820 - 43824] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 43821. In adopting criteria for the certification of fuel system evaporative loss control devices, the state board shall take into consideration the cost of the device and its installation, its durability, the ease and facility of determining whether the device, when installed on a motor vehicle, is properly functioning, and any other factors which, in the opinion of the state board, render such a device suitable or unsuitable for the control of motor vehicle air pollution or for the health, safety, and welfare of the public. (Added by Stats. 1975, Ch. 957.)
  72. 43823.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Miscellaneous [43800 - 43871] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Fuel System Evaporative Loss Control Devices [43820 - 43824] ( Article 2 added by Stats. 1975, Ch. 957. )

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    A certified fuel system evaporative loss control device on used motor vehicles cannot be required unless a statute does so.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Miscellaneous [43800 - 43871] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Fuel System Evaporative Loss Control Devices [43820 - 43824] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 43823. The installation of a certified fuel system evaporative loss control device on used motor vehicles shall not be mandated except by statute. (Added by Stats. 1975, Ch. 957.)
  73. 43824.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Miscellaneous [43800 - 43871] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Fuel System Evaporative Loss Control Devices [43820 - 43824] ( Article 2 added by Stats. 1975, Ch. 957. )

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    The state board may adopt regulations for certifying certain fuel system evaporative loss control devices on new motor vehicles when there are no federal regulations, and new motor vehicles may not be sold and registered in the state unless they comply.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Miscellaneous [43800 - 43871] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 2. Fuel System Evaporative Loss Control Devices [43820 - 43824] ( Article 2 added by Stats. 1975, Ch. 957. ) ## 43824. The state board may adopt, by regulation, standards and test procedures for the certification of fuel system evaporative loss control devices on new motor vehicles in the absence of any such federal regulations. In such case, no new motor vehicle may be sold and registered in this state unless it conforms to such regulations adopted by the state board. (Added by Stats. 1975, Ch. 957.)
  74. 43830.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Miscellaneous [43800 - 43871] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Fuel and Fuel Tanks [43830 - 43835] ( Article 3 added by Stats. 1975, Ch. 957. )

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    The state board must set gasoline volatility standards by regulation, and certain gasoline blends with at least 10% ethyl alcohol are temporarily exempt unless they exceed the board’s standard or fail later emissions tests.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Miscellaneous [43800 - 43871] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Fuel and Fuel Tanks [43830 - 43835] ( Article 3 added by Stats. 1975, Ch. 957. ) ## 43830. (a) The state board shall establish, by regulation, maximum standards for the volatility of gasoline at or below nine pounds per square inch Reid vapor pressure as determined by the American Society for Testing and Materials, Test D 323-58, or by an appropriate test determined by the state board, for gasoline sold in this state. (b) The state board, in adopting the regulations, shall give full consideration to topography and climatic conditions and may provide that the standards imposed thereby shall apply in those areas which the state board determines necessary in order to carry out the purposes of this division. (c) Notwithstanding any other law or regulation, until October 1, 1993, any blend of gasoline of at least 10 percent ethyl alcohol shall not result in a violation of any regulation adopted by the state board pursuant to this section unless the volatility of the gasoline used in the blend exceeds the applicable standard of the state board. (d) For the purposes of this section, “ethyl alcohol” (also known as ethanol) means fuel that meets all of the following requirements: (1) It is produced from agricultural commodities, renewable resources, or coal. (2) It is rendered unsuitable for human consumption at the time of its manufacture or immediately thereafter. (e) For the purposes of determining the percentage of ethyl alcohol contained in gasoline, the volume of alcohol includes the volume of any denaturant approved for that purpose by the United States Bureau of Alcohol, Tobacco and Firearms, provided these denaturants do not exceed 5 percent of the volume of alcohol (including denaturants). (f) From October 1, 1993, to December 31, 1995, inclusive, any blend of gasoline of at least 10 percent ethyl alcohol shall not result in a violation of the Reid vapor pressure standard adopted by the state board pursuant to this section unless it is determined by the state board on the basis of independently verifiable automobile exhaust and evaporative emission tests performed on a representative fleet of automobiles that the blend would result in a net increase in the ozone forming potential of the total emissions, excluding emissions of oxides of nitrogen, when compared to the total emissions, excluding emissions of oxides of nitrogen, from the same automobile fleet using gasoline that meets all applicable specifications for Phase I gasoline established by the state board. (g) On and after January 1, 1996, any blend of gasoline of at least 10 percent ethyl alcohol shall not result in a violation of the Reid vapor pressure standard adopted by the state board pursuant to this section unless it is determined by the state board on the basis of independently verifiable automobile exhaust and evaporative emission tests performed on a representative fleet of automobiles that the blend would result in a net increase in the ozone forming potential of the total emissions, excluding emissions of oxides of nitrogen, when compared to the total emissions, excluding emissions of oxides of nitrogen, from the same automobile fleet using gasoline that meets all applicable specifications for Phase II gasoline established by the state board. (h) Notwithstanding subdivisions (f) and (g), at any time that the state board adopts, by regulation, standards specifying acceptable levels for emissions of oxides of nitrogen for all reformulated fuels, any blend of gasoline of at least 10 percent ethyl alcohol that exceeds those levels no longer qualifies for an exemption from the Reid vapor pressure standard established by the state board. (Amended by Stats. 1991, Ch. 1194, Sec. 1.)
  75. 43830.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Miscellaneous [43800 - 43871] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Fuel and Fuel Tanks [43830 - 43835] ( Article 3 added by Stats. 1975, Ch. 957. )

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    The Governor must suspend certain gasoline regulatory control periods if specified price and consumer-protection findings are made.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Miscellaneous [43800 - 43871] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Fuel and Fuel Tanks [43830 - 43835] ( Article 3 added by Stats. 1975, Ch. 957. ) ## 43830.5. Notwithstanding any other law, the Governor shall suspend the regulatory control periods under Section 2262.4 of Title 13 of the California Code of Regulations, during which gasoline exceeding the Reid vapor pressure limits in Title 13, Section 2262 of the California Code of Regulations may not be sold or supplied for use in the state, if the Governor, in consultation with the State Energy Resources Conservation and Development Commission and the state board, determines the average retail gasoline price increased substantially or is projected to increase substantially within any 30-day period and a suspension is necessary to protect consumers in the state from extraordinary gasoline price increases and determines, in the Governor’s discretion, that suspension is prudent and unlikely to yield unintended consequences. In considering whether to suspend the regulatory control periods, as described in this section, the Governor shall consider the air quality effects and options to mitigate those effects, if necessary and subject to available resources. (Added by Stats. 2025, Ch. 118, Sec. 5. (SB 237) Effective January 1, 2026.)
  76. 43830.8.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Miscellaneous [43800 - 43871] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Fuel and Fuel Tanks [43830 - 43835] ( Article 3 added by Stats. 1975, Ch. 957. )

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    The state board generally cannot adopt a motor vehicle fuel specification regulation unless the regulation and a multimedia evaluation are reviewed by the California Environmental Policy Council.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Miscellaneous [43800 - 43871] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Fuel and Fuel Tanks [43830 - 43835] ( Article 3 added by Stats. 1975, Ch. 957. ) ## 43830.8. (a) The state board may not adopt any regulation that establishes a specification for motor vehicle fuel unless that regulation, and a multimedia evaluation conducted by affected agencies and coordinated by the state board, are reviewed by the California Environmental Policy Council established pursuant to subdivision (b) of Section 71017 of the Public Resources Code. (b) As used in this section, “multimedia evaluation” means the identification and evaluation of any significant adverse impact on public health or the environment, including air, water, or soil, that may result from the production, use, or disposal of the motor vehicle fuel that may be used to meet the state board’s motor vehicle fuel specifications. (c) The multimedia evaluation shall be based on the best available scientific data, written comments submitted by any interested person, and information collected by the state board in preparation for rulemaking. At a minimum, the evaluation shall address impacts associated with all the following: (1) Emissions of air pollutants, including ozone forming compounds, particulate matter, toxic air contaminants, and greenhouse gases. (2) Contamination of surface water, groundwater, and soil. (3) Disposal or use of the byproducts and waste materials from the production of the fuel. (d) The state board shall prepare a written summary of the multimedia evaluation and submit it for peer review in accordance with Section 57004. The state board shall maintain for public inspection, a record of any relevant materials submitted from any state agency and any written public comments received during the multimedia evaluation. The state board shall submit its written summary and the results of the peer review to the California Environmental Policy Council prior to the adoption of the proposed regulation. (e) The council shall complete its review of the multimedia evaluation within 90 calendar days following notice from the state board that it intends to adopt the regulation. If the council determines that the proposed regulation will cause a significant adverse impact on the public health or the environment, or that alternatives exist that would be less adverse, the council shall recommend alternative measures that the state board or other state agencies may take to reduce the adverse impact on public health or the environment. The council shall make all information relating to its review available to the public. (f) Within 60 days of receiving notification from the council of a determination of adverse impact, the state board shall adopt revisions to the proposed regulation to avoid or reduce the adverse impact, or the affected agencies shall take appropriate action that will, to the extent feasible, mitigate the adverse impact so that, on balance, there is no adverse impact on public health or the environment. (g) In coordinating a multimedia evaluation pursuant to subdivision (a), the state board shall consult with other boards and departments within the California Environmental Protection Agency, the State Department of Health Services, the State Energy Resources Conservation and Development Commission, the Department of Forestry and Fire Protection, the Department of Food and Agriculture, and other state agencies with responsibility for, or expertise regarding, impacts that could result from the production, use, or disposal of the motor vehicle fuel that may be used to meet the specification. (h) Notwithstanding subdivisions (a) through (g), inclusive, the state board may, prior to July 1, 2000, adopt a regulation that was formally proposed prior to January 1, 2000, to revise existing specifications for motor vehicle fuel, if the council reviews the environmental assessment of the proposed revision and determines that there will be no significant adverse impact on public health or the environment, including any impact on air, water, or soil, that is likely to result from the change in motor vehicle fuel that is expected to be implemented to meet the state board’s revised motor vehicle fuel specifications. Such a determination by the council shall be deemed final and conclusive. (i) Notwithstanding subdivision (a), the state board may adopt a regulation that establishes a specification for motor vehicle fuel without the proposed regulation being subject to a multimedia evaluation if the council, following an initial evaluation of the proposed regulation, conclusively determines that the regulation will not have any significant adverse impact on public health or the environment. (Repealed and added by Stats. 1999, Ch. 813, Sec. 3. Effective January 1, 2000.)
  77. 43831.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Miscellaneous [43800 - 43871] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Fuel and Fuel Tanks [43830 - 43835] ( Article 3 added by Stats. 1975, Ch. 957. )

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    The state board must set regulation-based maximum standards for gasoline unsaturation in the South Coast Air Basin.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Miscellaneous [43800 - 43871] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Fuel and Fuel Tanks [43830 - 43835] ( Article 3 added by Stats. 1975, Ch. 957. ) ## 43831. The state board shall establish, by regulation, maximum standards for the degree of unsaturation at a bromine number 30 as established by the American Society for Testing and Materials test D 1159-66, or by an appropriate test determined by the state board, for gasoline sold in the South Coast Air Basin designated by the state board. The state board, in adopting such regulations, shall give full consideration to climatic conditions and may provide that the maximum standards imposed thereby shall be applicable only during those periods of time which the state board determines necessary in order to carry out the purposes of this division. (Added by Stats. 1975, Ch. 957.)
  78. 43832.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Miscellaneous [43800 - 43871] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Fuel and Fuel Tanks [43830 - 43835] ( Article 3 added by Stats. 1975, Ch. 957. )

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    The state board may ask advertisers for supporting data about fuel emission-reduction claims, investigate further, and involve the Department of Consumer Affairs. If the claim appears overstated, the board must report its findings to the Attorney General.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Miscellaneous [43800 - 43871] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Fuel and Fuel Tanks [43830 - 43835] ( Article 3 added by Stats. 1975, Ch. 957. ) ## 43832. The state board may request, from any person who advertises, or causes to be advertised, in any manner or claim that a fuel or fuel additive reduces motor vehicle exhaust emissions, a report detailing the data which supports the advertiser’s claims of emission reduction by that fuel or fuel additive. The state board may conduct, and may request the Department of Consumer Affairs to assist the state board in, such further investigation as may appear warranted under the circumstances. If the state board, or the state board and the Department of Consumer Affairs if the latter has assisted in the investigation, determines that the fuel or fuel additive is not substantially as effective as it is claimed to be in the advertisement for it, the state board shall report the findings to the Attorney General for whatever action under the Business and Professions Code or other law the Attorney General finds appropriate. (Added by Stats. 1975, Ch. 957.)
  79. 43833.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Miscellaneous [43800 - 43871] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Fuel and Fuel Tanks [43830 - 43835] ( Article 3 added by Stats. 1975, Ch. 957. )

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    The state board must set criteria for evaluating motor vehicle fuel additives and may test them or use independent laboratories. Manufacturers may ask for testing, and the board may charge an application fee capped at the cost of the tests.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Miscellaneous [43800 - 43871] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Fuel and Fuel Tanks [43830 - 43835] ( Article 3 added by Stats. 1975, Ch. 957. ) ## 43833. (a) The state board shall establish criteria for the evaluation of the effectiveness of, and may conduct tests respecting the composition or the chemical or physical properties of, any motor vehicle fuel additive sold, or proposed to be sold, in this state. The tests shall be designed to determine whether the additive will reduce or eliminate from vehicular sources any substance found to affect human health or impair the obtainment of the state board’s ambient air quality standards, or whether, in specified fuels, a particular fuel additive would result in a significant and beneficial reduction in vehicular emissions commensurate with the purposes of this division and would not have a deleterious effect upon the operation of any vehicle or any motor vehicle pollution control device which is in general use. (b) The state board may also engage independent laboratories to conduct such tests under test procedures specified by the state board. (c) Any manufacturer may apply to the state board to have its additive tested pursuant to subdivision (a). The state board may charge an application fee, not to exceed the cost of such tests, for such applications. (Added by Stats. 1975, Ch. 957.)
  80. 43834.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Miscellaneous [43800 - 43871] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Fuel and Fuel Tanks [43830 - 43835] ( Article 3 added by Stats. 1975, Ch. 957. )

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    The state board must set standards or criteria to certify auxiliary gasoline fuel tank evaporative loss control devices or systems for certain vehicles.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Miscellaneous [43800 - 43871] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Fuel and Fuel Tanks [43830 - 43835] ( Article 3 added by Stats. 1975, Ch. 957. ) ## 43834. (a) The state board shall establish standards or criteria for the certification of auxiliary gasoline fuel tank evaporative loss control devices or systems on vehicles which are required, pursuant to this part or the National Emission Standards Act (42 U.S.C., Secs. 1857f-1 to 1857f-7, inclusive), to be equipped with a fuel system evaporative loss control device to prevent as much evaporation of gasoline into the air from auxiliary fuel tanks as is technologically feasible. (b) For the purpose of this section, and Section 27156.1 of the Vehicle Code, an “auxiliary gasoline fuel tank” is a fuel tank which is designed and intended by its manufacturer for installation on, or which is installed on, a vehicle operating on gasoline and which is connected to the original fuel system, as defined in Section 39032 of this code, but is not a gasoline fuel tank which is added to a certified device on a used vehicle if such certification included the capability of handling evaporation from such a tank. (Added by Stats. 1975, Ch. 957.)
  81. 43835.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Miscellaneous [43800 - 43871] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Fuel and Fuel Tanks [43830 - 43835] ( Article 3 added by Stats. 1975, Ch. 957. )

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    The state board must adopt fuel tank fill-pipe specifications by March 1, 1976, and it may exempt or waive certain motor vehicles in limited cases.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Miscellaneous [43800 - 43871] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 3. Fuel and Fuel Tanks [43830 - 43835] ( Article 3 added by Stats. 1975, Ch. 957. ) ## 43835. (a) The state board shall, by March 1, 1976, adopt specifications for the fill pipes and openings of motor vehicle fuel tanks to ensure that the size, design, and location of the fill pipe and opening permit adequate access to and interfacing with gasoline-dispensing nozzles for the purpose of vapor control. (b) No new 1977 or later model year gasoline-powered motor vehicle may be sold, offered for sale, or registered in this state unless such vehicle is in compliance with the specifications adopted by the state board pursuant to subdivision (a). The state board may exempt from such specifications those classifications of motor vehicles for which the state board determines the specifications are technologically infeasible. The state board also may waive the provisions of this subdivision for any 1977 model year gasoline-powered motor vehicle, provided that the state board makes a finding, based upon evidence presented by the manufacturer of such vehicle, that inadequate lead time exists for any required vehicle redesign. The state board may make such waiver applicable only to specified body styles of such a vehicle. (Added by renumbering Section 39068.7 by Stats. 1976, Ch. 1063.)
  82. 43840.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Miscellaneous [43800 - 43871] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 4. Alcohol Fueled Motor Vehicles [43840 - 43844] ( Article 4 added by Stats. 1980, Ch. 1201. )

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    The Legislature states that California should encourage testing vehicle fuels, including alcohol fuels, to help protect public health and reduce air pollution and oil dependence.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Miscellaneous [43800 - 43871] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 4. Alcohol Fueled Motor Vehicles [43840 - 43844] ( Article 4 added by Stats. 1980, Ch. 1201. ) ## 43840. (a) The Legislature finds and declares that emission of air pollutants from motor vehicles is a major contributor to air pollution within the State of California and, therefore, declares its policy to encourage the testing of various types of vehicle fuels, which would contribute substantially to the protection and preservation of the public health and well-being. (b) The Legislature further finds and declares that programs to expand the use of alcohols as substitutes for gasoline and other petroleum-based fuels can offer significant environmental benefits while reducing the nation’s dependence on imported crude oil. (c) The Legislature further finds and declares that pure alcohol fuels burn cleanly and that motor vehicles fueled with alcohol can be modified at reasonable cost to burn alcohol fuels without decreasing efficiency and without creating air quality problems. (Amended by Stats. 2001, Ch. 115, Sec. 20. Effective January 1, 2002.)
  83. 43843.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Miscellaneous [43800 - 43871] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 4. Alcohol Fueled Motor Vehicles [43840 - 43844] ( Article 4 added by Stats. 1980, Ch. 1201. )

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    The state board must run an experimental methanol-gasoline fleet vehicle program through January 1, 1988, review participation requests within 60 days, and may grant exemptions from the application requirements in limited circumstances.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Miscellaneous [43800 - 43871] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 4. Alcohol Fueled Motor Vehicles [43840 - 43844] ( Article 4 added by Stats. 1980, Ch. 1201. ) ## 43843. (a) The state board, in consultation with the State Energy Resources Conservation and Development Commission, shall establish and conduct, until January 1, 1988, an experimental program in which fleet vehicles may utilize gasoline into which methanol has been blended. (b) In order to participate in the methanol-gasoline experimental vehicle fleet program, all of the following information shall be submitted to the state board for each vehicle proposed for participation in the program: (1) The make, model, vehicle identification number, and license number of each vehicle. (2) A description of the fuel to be used in the vehicle. (3) Evidence that the vehicle’s emissions using the methanol-gasoline blend will be no higher than the vehicle’s emissions using gasoline which complies with the volatility standard established pursuant to Section 43830. Evidence may be based on emission tests or a combination of emission tests and engineering evaluation. (4) A description of any modifications to the vehicle necessary to comply with paragraph (3). (5) A valid certificate of compliance issued pursuant to Section 4000.1 or 4000.3 of the Vehicle Code. (c) Within 60 days of receipt of a request to participate in the program, the state board, in consultation with the State Energy Resources Conservation and Development Commission, shall approve or deny the request. Approval shall be granted if adequate evidence is provided that use of the fuel will not cause or contribute to an increase in vehicle emissions when using the methanol-gasoline blend. (d) The state board may periodically test vehicles enrolled in the program for compliance. Failure to meet state emission standards shall not result in imposition of any fine or penalty if there are no violations of Section 27156 of the Vehicle Code, and the vehicle is restored to conform to applicable emission standards at the end of the experimental program. (e) All of the following records shall be maintained on each vehicle and shall be made available to the state board upon request: (1) Fuel economy. (2) Maintenance and repair. (3) Driveability. (f) The state board may exempt the vehicles in any fleet participating in the program from the requirements of subdivision (b) until July 1, 1985. The exemption shall be granted if the applicant demonstrates that the evidence required pursuant to paragraph (3) of subdivision (b) is not available, that there is likelihood that it will become available within the exemption period, and that the facility at which the fleet vehicle is normally refueled does not have provisions for the distribution of more than one type of fuel. (Amended by Stats. 2004, Ch. 701, Sec. 1. Effective January 1, 2005. Inoperative April 1, 2005, pursuant to Stats. 2004, Ch. 704, Secs. 5 and 7.)
  84. 43844.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Miscellaneous [43800 - 43871] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 4. Alcohol Fueled Motor Vehicles [43840 - 43844] ( Article 4 added by Stats. 1980, Ch. 1201. )

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    Fuel used in the methanol-gasoline experimental vehicle fleet program is exempt from certain standards if specified conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Miscellaneous [43800 - 43871] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 4. Alcohol Fueled Motor Vehicles [43840 - 43844] ( Article 4 added by Stats. 1980, Ch. 1201. ) ## 43844. Fuels used in vehicles participating in the methanol-gasoline experimental vehicle fleet program shall not be required to comply with the standards established pursuant to Section 43830 or the requirements of subdivision (b) of Section 13440 of the Business and Professions Code, if all of the following conditions are met: (a) The fuel is dispensed only from a pump operated by a fleet operator whose request to participate has been granted pursuant to subdivision (c) of Section 43843. (b) The fuel is used only in vehicles participating in the methanol-gasoline experimental vehicle fleet program. (c) The gasoline used in the blend meets the standards established pursuant to Section 43830. (Added by Stats. 1984, Ch. 1278, Sec. 3.)
  85. 43845.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Miscellaneous [43800 - 43871] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 5. Employee Parking [43845- 43845.] ( Article 5 added by Stats. 1992, Ch. 554, Sec. 5. )

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    Certain employers in designated nonattainment air basins must offer a parking cash-out program, and related recordkeeping and enforcement rules apply.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Miscellaneous [43800 - 43871] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 5. Employee Parking [43845- 43845.] ( Article 5 added by Stats. 1992, Ch. 554, Sec. 5. ) ## 43845. (a) As used in this section, the following terms have the following meanings: (1) “Employee” means an employee of an employer subject to this section. (2) “Employer” means an employer of 50 persons or more in the state who provides a parking subsidy to employees. (3) (A) “Market rate cost of parking” means the following: (i) (I) An amount that is no less than if the parking were to be obtained by an individual unaffiliated with the property on which parking is provided or by the employer through a transaction with no special rate due to a property lease for the closest publicly available parking within one-quarter mile of the employee’s workplace. The employer shall maintain appropriate evidence of its effort to establish the market rate cost of parking pursuant to this subclause for at least four years. (II) If the amount cannot be established pursuant to subclause (I), an amount that is the monthly or daily price for use of a parking space located within one-quarter mile of the place of employment, as evidenced by a public offer, such as through a printed or otherwise publicly displayed advertisement, or a listing including price, such as on a publicly accessible parking smartphone application, available for acceptance by a member of the public, for use of that parking space from within the previous six months. If the employer uses this subclause as the basis for calculating the market rate cost of parking, the employer shall maintain appropriate evidence of the offer it relied upon, such as a physical copy or photograph of an advertisement or a screenshot showing availability and price within a parking smartphone application, for at least four years from the time of any cash allowance payment made based upon that offer. (ii) Notwithstanding clause (i), “market rate cost of parking” means either of the following under the specified circumstances: (I) If the amount determined pursuant to clause (i) is valued at over three hundred fifty dollars ($350) per month, “market rate cost of parking” means three hundred fifty dollars ($350) per month. (II) If the amount cannot be established pursuant to clause (i), “market rate cost of parking” means the monthly price of the lowest priced transit serving within one-quarter mile of the site or fifty dollars ($50) per month, whichever is higher. (B) Beginning January 1, 2024, the state board shall annually adjust the amounts specified in clause (ii) of subparagraph (A) for inflation based on the changes in the California Consumer Price Index. (C) For purposes of this paragraph, free parking shall not be considered when determining the market rate cost of parking. (4) “Parking cash-out program” means an employer-funded program pursuant to which an employer offers to provide a cash allowance to employees where the cash allowance provided to each eligible employee is equal to or greater than the parking subsidy that the employer would otherwise pay to provide the employee with a parking space. (5) “Parking subsidy” means the difference between the price, if any, charged to an employee for the use of a parking space not owned by the employer and made available by the employer to that employee and the market rate cost of parking. (b) (1) In any air basin designated as a nonattainment area pursuant to Section 39608, each employer shall offer a parking cash-out program. (2) If an employee receives a parking subsidy, the employer shall maintain a record of communication with the employee that they have been informed of the right to receive the cash equivalent of the parking subsidy. (c) A parking cash-out program may include a requirement that an employee participant certifies that the employee participant will comply with guidelines established by the employer designed to avoid neighborhood parking problems, with a provision that an employee participant that is not in compliance with the guidelines will no longer be eligible for the parking cash-out program. (d) Subdivision (b) does not apply to any employer who, on or before January 1, 1993, has leased employee parking, until the expiration of that lease or unless the lease permits the employer to reduce, without penalty, the number of parking spaces subject to the lease. (e) It is the intent of the Legislature, in enacting this section, that the cash-out requirements apply only to an employer that can reduce, without penalty, the number of paid parking spaces it maintains for the use of its employees and instead provide its employees with the cash-out option described in this section. (f) (1) The state board may impose the civil penalty described in Section 43016 for a violation of this section. (2) (A) A city, county, or air district may also adopt, by ordinance or resolution, a penalty or other mechanism to ensure that an employer within the jurisdiction of that city, county, or air district is in compliance with this section. (B) If a city, county, or air district establishes a penalty, the governing body shall also establish procedures for providing notice to an employer that is in violation of this section and for appeal by the employer of any penalty imposed. (C) If a city, county, or air district establishes a penalty pursuant to this paragraph, a penalty may be imposed on an employer pursuant to paragraph (1) or this paragraph, but not both. If a penalty is imposed on an employer pursuant to both paragraph (1) and this paragraph, only the penalty imposed by the state board shall apply. (Amended by Stats. 2022, Ch. 866, Sec. 1. (AB 2206) Effective January 1, 2023.)
  86. 43865.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Miscellaneous [43800 - 43871] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 6.5. Alternative Fuels [43865 - 43871] ( Article 6.5 added by Stats. 2005, Ch. 371, Sec. 1. )

    Verify source ↗

    The Legislature states that petroleum fuels harm public health and environmental quality, and that alternative fuels may help reduce those harms.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Miscellaneous [43800 - 43871] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 6.5. Alternative Fuels [43865 - 43871] ( Article 6.5 added by Stats. 2005, Ch. 371, Sec. 1. ) ## 43865. The Legislature finds and declares all of the following: (a) The production, marketing, and use of petroleum fuels in California causes significant degradation of public health and environmental quality due to releases of air and water pollutants. (b) Clean alternative fuels have the potential to considerably reduce these impacts and are important strategies for the state to attain its air and water quality goals. (c) Research, development, and commercialization of alternative fuels in California have the potential to strengthen California’s economy by providing job growth and helping to reduce the state’s vulnerability to petroleum price volatility. (d) The State Energy Resources Conservation and Development Commission and the State Air Resources Board have previously recommended in their report to the Legislature, “Reducing California’s Petroleum Dependency” in August 2003, that the state adopt a goal of 20 percent nonpetroleum fuel use in the year 2020 and 30 percent in the year 2030. (Added by Stats. 2005, Ch. 371, Sec. 1. Effective January 1, 2006.)
  87. 43866.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Miscellaneous [43800 - 43871] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 6.5. Alternative Fuels [43865 - 43871] ( Article 6.5 added by Stats. 2005, Ch. 371, Sec. 1. )

    Verify source ↗

    The commission must, by June 30, 2007, develop and adopt a state plan to increase alternative transportation fuels.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Miscellaneous [43800 - 43871] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 6.5. Alternative Fuels [43865 - 43871] ( Article 6.5 added by Stats. 2005, Ch. 371, Sec. 1. ) ## 43866. Not later than June 30, 2007, the State Energy Resources Conservation and Development Commission, in partnership with the state board, and in consultation with the State Water Resources Control Board, the Department of Food and Agriculture, and other relevant state agencies, shall develop and adopt a state plan to increase the use of alternative transportation fuels. (a) The plan shall include an evaluation of alternative fuels on a full fuel-cycle assessment of emissions of criteria air pollutants, air toxics, greenhouse gases, water pollutants, and other substances that are known to damage human health, impacts on petroleum consumption, and other matters the state board deems necessary. (b) The plan shall set goals for the years 2012, 2017, and 2022 for increased alternative fuel use in the state that accomplishes all of the following: (1) Optimizes the environmental and public health benefits of alternative fuels, including, but not limited to, reductions in criteria air pollutants, greenhouse gases, and water pollutants consistent with existing or future state board regulations in the most cost-effective manner possible. (2) Ensures that there is no net material increase in air pollution, water pollution, or any other substances that are known to damage human health. (3) Minimizes the economic costs to the state, if any. (4) Maximizes the economic benefits of producing alternative fuels in the state. (5) Considers issues related to consumer acceptance and costs and identifies methods to overcome any barriers to alternative fuel use. (c) The plan shall recommend policies to ensure alternative fuel goals are attained, including, but not limited to: (1) Standards on transportation fuels and vehicles. (2) Requirements, financial incentives, and other policy mechanisms to ensure that vehicles capable of operating on alternative fuels use those fuels to the maximum extent feasible. (3) Requirements, financial incentives, and other policy mechanisms to ensure that alternative fuel fueling stations are available to drivers of alternative fuel vehicles. (4) Incentives, requirements, programs, or other mechanisms to encourage the research, development, demonstration, commercialization, manufacturing, or production of vehicles that use alternative fuels. (Added by Stats. 2005, Ch. 371, Sec. 1. Effective January 1, 2006.)
  88. 43867.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Miscellaneous [43800 - 43871] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 6.5. Alternative Fuels [43865 - 43871] ( Article 6.5 added by Stats. 2005, Ch. 371, Sec. 1. )

    Verify source ↗

    This section defines “alternative fuel” and “full fuel-cycle assessment” for this article.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Miscellaneous [43800 - 43871] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 6.5. Alternative Fuels [43865 - 43871] ( Article 6.5 added by Stats. 2005, Ch. 371, Sec. 1. ) ## 43867. For the purposes of this article, the following terms have the following meanings: (a) “Alternative fuel” means a nonpetroleum fuel, including electricity, ethanol, biodiesel, hydrogen, methanol, or natural gas that, when used in vehicles, has been demonstrated, to the satisfaction of the state board, to have the ability to meet applicable vehicular emission standards. For the purpose of this section, alternative fuel may also include petroleum fuel blended with nonpetroleum constituents, such as E85 or B20. (b) “Full fuel-cycle assessment” means evaluating and comparing the full environmental and health impacts of each step in the life cycle of a fuel, including, but not limited to, all of the following: (1) Feedstock extraction, transport, and storage. (2) Fuel production, distribution, transport, and storage. (3) Vehicle operation, including refueling, combustion or conversion, and evaporation. (Amended by Stats. 2006, Ch. 538, Sec. 404. Effective January 1, 2007.)
  89. 43868.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Miscellaneous [43800 - 43871] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 6.5. Alternative Fuels [43865 - 43871] ( Article 6.5 added by Stats. 2005, Ch. 371, Sec. 1. )

    Verify source ↗

    The Legislature states its intent that the hydrogen highway plan be implemented cleanly, that state agencies work on hydrogen production, and that hydrogen or clean hydrogen blend transit buses be included in priorities.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Miscellaneous [43800 - 43871] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 6.5. Alternative Fuels [43865 - 43871] ( Article 6.5 added by Stats. 2005, Ch. 371, Sec. 1. ) ## 43868. (a) It is the intent of the Legislature that, when the California Hydrogen Highway Blueprint Plan is implemented, it be done in a clean and environmentally responsible and advantageous manner. (b) It is further the intent of the Legislature that the state board work with other relevant state agencies on the production of hydrogen, with an emphasis on hydrogen produced from renewable resources, as part of a strategy to reduce the state’s dependence on petroleum, achieve the state’s greenhouse gas emission reduction targets, and improve air quality for the state’s residents. (c) It is further the intent of the Legislature that the California Environmental Protection Agency and the state board, as part of the implementation of the California Hydrogen Highway Blueprint Plan, include in their priorities the deployment of hydrogen or clean hydrogen blend fueled transit buses. (d) It is further the intent of the Legislature that the state board consider including in a future revision of the California Hydrogen Highway Blueprint Plan a study to determine the necessary steps to maximize the production of hydrogen fuel made from eligible renewable resources. (Added by Stats. 2006, Ch. 877, Sec. 2. Effective January 1, 2007.)
  90. 43869.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Miscellaneous [43800 - 43871] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 6.5. Alternative Fuels [43865 - 43871] ( Article 6.5 added by Stats. 2005, Ch. 371, Sec. 1. )

    Verify source ↗

    The state board must adopt hydrogen fuel regulations and related emissions, renewable content, reporting, and exemption rules.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Miscellaneous [43800 - 43871] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 6.5. Alternative Fuels [43865 - 43871] ( Article 6.5 added by Stats. 2005, Ch. 371, Sec. 1. ) ## 43869. (a) The state board shall, no later than July 1, 2008, develop and, after at least two public workshops, adopt hydrogen fuel regulations to ensure the following: (1) That state funding for the production and use of hydrogen fuel, as described in the California Hydrogen Highway Blueprint Plan, contributes to the reduction of greenhouse gas emissions, criteria air pollutant emissions, and toxic air contaminant emissions. The regulations, at a minimum, shall do all of the following: (A) Require that, on a statewide basis, well-to-wheel emissions of greenhouse gases for the average hydrogen-powered vehicle fueled by hydrogen from fueling stations that receive state funds are at least 30 percent lower than emissions for the average new gasoline vehicle in California when measured on a per-mile basis. (B) (i) Require that, on a statewide basis, no less than 33.3 percent of the hydrogen produced for, or dispensed by, fueling stations that receive state funds be made from eligible renewable energy resources as defined in Section 399.12 of the Public Utilities Code. (ii) If the state board determines that there is insufficient availability of hydrogen fuel from eligible renewable resources to meet the 33.3-percent requirement of this subparagraph, the state board may, after at least one public workshop and on a one-time basis, reduce the requirement by an amount, not to exceed 10 percentage points, that the state board determines is necessary to result in a renewable percentage requirement for hydrogen fuel that is achievable. (iii) If the executive officer of the state board determines that it is not feasible for a public transit operator to use hydrogen fuel made from eligible renewable resources, the executive officer may exempt the operator from the requirements of this subparagraph for a period of not more than five years and may extend the exemption for up to five additional years. (C) Prohibit hydrogen fuel producers from counting as a renewable energy resource, pursuant to clause (i) of subparagraph (B), any electricity produced from sources previously procured by a retail seller and verifiably counted by the retail seller towards meeting the renewables portfolio standard obligation, as required by Article 16 (commencing with Section 399.11) of Chapter 2.3 of Part 1 of Division 1 of the Public Utilities Code. (D) Require that all hydrogen fuel dispensed from fueling stations that receive state funds be generated in a manner so that local well-to-tank emissions of nitrogen oxides plus reactive organic gases are at least 50 percent lower than well-to-tank emissions of the average motor gasoline sold in California when measured on an energy equivalent basis. (E) Require that well-to-tank emissions of relevant toxic air contaminants for hydrogen fuel dispensed from fueling stations that receive state funds be reduced to the maximum extent feasible at each site when compared to well-to-tank emissions of toxic air contaminants of the average motor gasoline fuel on an energy equivalent basis. In no case shall the toxic emissions be greater than the emissions from gasoline on an energy equivalent basis. (F) Require that providers of hydrogen fuel for transportation in the state report to the state board the annual mass of hydrogen fuel dispensed and the method by which the dispensed hydrogen was produced and delivered. (G) Authorize the state board, after at least one public workshop, to grant authority to the executive officer of the state board to exempt from this paragraph, for a period of no more than five years, hydrogen dispensing facilities constructed for small demonstration or temporary purposes. The exemption may be extended on a case-by-case basis upon a finding that the extension will not harm public health. The executive officer may limit the total number of exemptions by geographic region, including by air district, but the average annual mass of hydrogen dispensed from exempted facilities shall not exceed 10 percent of the total mass of hydrogen fuel dispensed for transportation purposes in the state. (2) That, in any year immediately following a 12-month period in which the mass of hydrogen fuel dispensed for transportation purposes in California exceeds 3,500 metric tons, the production and direct use of hydrogen fuels for motor vehicles in the state, including, but not limited to, any hydrogen highway network that is developed pursuant to the California Hydrogen Highway Blueprint Plan, contributes to a reduced dependence on petroleum, as well as reductions in greenhouse gas emissions, criteria air pollutant emissions, and toxic air contaminant emissions. For the purpose of this paragraph, the regulations, at a minimum, shall do all of the following: (A) Require that, on a statewide basis, well-to-wheel emissions of greenhouse gases for the average hydrogen-powered vehicle in California are at least 30 percent lower than emissions for the average new gasoline vehicle in California when measured on a per-mile basis. (B) Require that, on a statewide basis, no less than 33.3 percent of the hydrogen produced or dispensed in California for motor vehicles be made from eligible renewable energy resources as defined in Section 399.12 of the Public Utilities Code. (C) Prohibit hydrogen fuel producers from counting as a renewable energy resource, for purposes of subparagraph (B), any electricity produced from sources previously procured by a retail seller and verifiably counted by the retail seller towards meeting the requirements established by the California Renewables Portfolio Standard Program, as set forth in Article 16 (commencing with Section 399.11) of Chapter 2.3 of Part 1 of Division 1 of the Public Utilities Code. (D) Require that all hydrogen fuel dispensed in California for motor vehicles be generated in a manner so that local well-to-tank emissions of nitrogen oxides plus reactive organic gases are at least 50 percent lower than well-to-tank emissions of the average motor gasoline sold in California when measured on an energy equivalent basis. (E) Require that well-to-tank emissions of relevant toxic air contaminants from hydrogen fuel produced or dispensed in California be reduced to the maximum extent feasible at each site when compared to well-to-tank emissions of toxic air contaminants of the average motor gasoline fuel on an energy equivalent basis. In no case shall the toxic emissions from hydrogen fuel be greater than the toxic emissions from gasoline on an energy equivalent basis. (F) Authorize the state board, after at least one public workshop, to grant authority to the executive officer of the state board to exempt from this paragraph, for a period of no more than five years, hydrogen dispensing facilities that dispense an average of no more than 100 kilograms of hydrogen fuel per month. The exemption may be extended on a case-by-case basis by the executive officer upon a finding that the extension will not harm public health. The executive officer may limit the total number of exemptions by geographic region, including by air district, but the average annual mass of hydrogen dispensed statewide from exempted facilities shall not exceed 10 percent of the total mass of hydrogen fuel dispensed for transportation purposes in the state. (G) Authorize the state board, if it determines that reporting is necessary to facilitate enforcement of the requirements of this paragraph, to require that providers of hydrogen fuel for transportation in the state report to the state board the annual mass of hydrogen fuel dispensed and the method by which the dispensed hydrogen was produced and delivered. (b) Notwithstanding paragraph (2) of subdivision (a), the state board may increase the 3,500-metric-ton threshold in paragraph (2) of subdivision (a) by no more than 1,500 metric tons if at least one of the following requirements is met: (1) The 3,500-metric-ton threshold is first met prior to January 1, 2011. (2) The state board determines that the 3,500-metric-ton threshold has been met primarily due to hydrogen fuel consumed in heavy duty vehicles. (3) The state board determines at a public hearing that increasing the threshold would accelerate the deployment of hydrogen fuel cell vehicles in the state. (c) The state board, in consultation with other relevant agencies as appropriate, shall review the renewable resource requirements adopted pursuant to this section every four years and shall increase the renewable resource percentage requirements if it determines that it is technologically feasible to do so and will not substantially hinder the development of hydrogen as a transportation fuel in a manner that is consistent with this section. (d) The state board shall review the emission requirements adopted pursuant to this section every four years and shall strengthen the requirements if it determines it is technologically feasible to do so and will not substantially hinder the development of hydrogen as a transportation fuel in a manner that otherwise is consistent with this section. (e) The state board shall produce and periodically update a handbook to inform and educate motor vehicle manufacturers, hydrogen fuel producers, hydrogen service station operators, and other interested parties on how to comply with the requirements set forth in this section. This handbook shall be made available on the agency’s Internet Web site on or before July 1, 2009. (f) The Secretary for Environmental Protection shall convene the California Environmental Protection Agency’s Environmental Justice Advisory Committee at least once annually to solicit the committee’s comments on the production and distribution of hydrogen fuel in the state. (g) The Secretary for Environmental Protection, in consultation with the state board, shall recommend to the Legislature and the Governor, on or before January 1, 2010, incentives that could be offered to businesses within the hydrogen fuel industry and consumers to spur the development of clean sources of hydrogen fuel. (h) Unless the context requires otherwise, the definitions set forth in this subdivision govern the construction of this section: (1) “Well-to-tank emissions” means emissions resulting from production of a fuel, including resource extraction, initial processing, transport, fuel production, distribution and marketing, and delivery into the fuel tank of a consumer vehicle. (2) “Well-to-wheel emissions” means emissions resulting from production of a fuel, including resource extraction, initial processing, transport, fuel production, distribution and marketing, and delivery and use in a consumer vehicle. (Amended by Stats. 2008, Ch. 179, Sec. 151. Effective January 1, 2009.)
  91. 43870.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Miscellaneous [43800 - 43871] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 6.5. Alternative Fuels [43865 - 43871] ( Article 6.5 added by Stats. 2005, Ch. 371, Sec. 1. )

    Verify source ↗

    The state must buy at least 3% of bulk transportation fuel from very low carbon sources, then increase that amount by 1% each year, unless the subdivision (e) feasibility exception applies.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Miscellaneous [43800 - 43871] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 6.5. Alternative Fuels [43865 - 43871] ( Article 6.5 added by Stats. 2005, Ch. 371, Sec. 1. ) ## 43870. (a) Except as provided in subdivision (e), commencing January 1, 2017, at least 3 percent of the aggregate amount of bulk transportation fuel purchased by the state government shall be procured from very low carbon transportation fuel sources, and, commencing January 1, 2018, the amount of very low carbon transportation fuel purchased shall be increased every year, by 1 percent, until January 1, 2024. (b) As used in this section, “very low carbon transportation fuel” means a liquid or gaseous transportation fuel having no greater than 40 percent of the carbon intensity of the closest comparable petroleum fuel for that year, as measured by the methodology in the low-carbon fuel standard regulation (Subarticle 7 (commencing with Section 95480) of Article 4 of Subchapter 10 of Chapter 1 of Division 3 of Title 17 of the California Code of Regulations). The carbon intensity for the transportation fuel shall include the indirect land use change emission if an agricultural commodity that is a food product is used as a feedstock for the production of the transportation fuel. (c) This section does not replace or modify any existing fuel standards or requirements imposed under the low-carbon fuel standard regulation. (d) The Department of General Services shall coordinate with state agencies that are buyers of transportation fuel and submit to the Legislature, consistent with Section 25722.8 of the Public Resources Code, an annual progress report on actions taken pursuant to this section. (e) If the Department of General Services, in consultation with the chairperson of the state board, makes a determination that very low carbon transportation fuel does not perform adequately for its intended use or is not available at a reasonable price and in a reasonable period of time, the state shall procure very low carbon transportation fuel only to the extent feasible. (Added by Stats. 2015, Ch. 588, Sec. 2. (AB 692) Effective January 1, 2016.)
  92. 43871.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Miscellaneous [43800 - 43871] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 6.5. Alternative Fuels [43865 - 43871] ( Article 6.5 added by Stats. 2005, Ch. 371, Sec. 1. )

    Verify source ↗

    The commission must prepare, update, and publish a statewide assessment of fuel cell electric vehicle fueling infrastructure and fuel production.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 4. Miscellaneous [43800 - 43871] ( Chapter 4 added by Stats. 1975, Ch. 957. ) ## ARTICLE 6.5. Alternative Fuels [43865 - 43871] ( Article 6.5 added by Stats. 2005, Ch. 371, Sec. 1. ) ## 43871. (a) The State Energy Resources Conservation and Development Commission, in consultation with the state board and the Public Utilities Commission, shall prepare a statewide assessment of the fuel cell electric vehicle fueling infrastructure and fuel production needed to support the adoption of zero-emission trucks, buses, and off-road vehicles at levels necessary for the state to meet the goals and requirements of Executive Order No. N-79-20 and any state board regulatory action that requires or allows zero-emission vehicles in the heavy-duty vehicle and off-road sectors. The assessment shall complement and not duplicate the Joint Agency Staff Report on Assembly Bill 8: Annual Assessment of Time and Cost Needed to Attain 100 Hydrogen Refueling Stations in California. (b) The statewide assessment shall consider all necessary fuel production and distribution infrastructure, including, but not limited to, dispensing equipment, distribution equipment, production equipment, storage equipment, and supporting hardware and software, all heavy-duty and off-road vehicle categories, road, highway, and off-road electrification, port and airport electrification, and other programs to accelerate the adoption of fuel cell electric vehicles to meet the goals and requirements described in subdivision (a). The statewide assessment shall examine existing and future fuel production and distribution infrastructure needs throughout the state, including in low-income communities. The statewide assessment shall also list synergies and estimate the potential for hydrogen to contribute to emissions reductions across sectors, including, but not limited to, the truck, bus, off-road vehicle, locomotive, maritime, and aviation sectors. The statewide assessment shall take into consideration the process for creating hydrogen and include an evaluation of the ability of hydrogen to enable a more renewable grid, provide grid services, decarbonize hard-to-electrify industries and remote locations, contribute to microgrids, and improve energy resilience. (c) The State Energy Resources Conservation and Development Commission shall regularly seek data and input relating to fuel cell electric vehicle fuel production and fueling infrastructure from the state board, the Public Utilities Commission, the Department of Food and Agriculture, the Governor’s Office of Business and Economic Development, and interested stakeholders, including, but not limited to, electrical corporations, gas corporations, local publicly owned electric utilities, state and local transportation and transit agencies, fueling infrastructure developers, fuel producers, environmental groups, fuel cell manufacturers, and hydrogen fuel cell vehicle manufacturers. (d) The State Energy Resources Conservation and Development Commission shall complete the statewide assessment by December 31, 2023, and shall post the statewide assessment on its internet website. The commission shall update the statewide assessment at least once every three years and shall post the updated statewide assessment on its internet website. (e) The statewide assessment prepared pursuant to this section does not constitute a directive instituting a mandate on state funding. (f) This section does not limit the ability of the State Energy Resources Conservation and Development Commission to award funds related to any of the following on a competitive basis: (1) Alternative and renewable fuel development, production, demonstration, and deployment projects. (2) Alternative and renewable fuel infrastructure projects, including, but not limited to, fueling stations and equipment. (3) Projects to develop and improve light-, medium-, and heavy-duty vehicle technologies, including zero-emission and near-zero emission vehicles and vehicle technologies. (g) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. (Added by Stats. 2021, Ch. 646, Sec. 1. (SB 643) Effective January 1, 2022. Repealed as of January 1, 2030, by its own provisions.)
  93. 439.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. Office of the Surgeon General [438 - 439] ( Part 1.5 added by Stats. 2019, Ch. 38, Sec. 12. )

    Verify source ↗

    The Governor appoints the Surgeon General, the appointment needs Senate confirmation starting July 1, 2019, and the Surgeon General serves as director of the Office of the Surgeon General.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1.5. Office of the Surgeon General [438 - 439] ( Part 1.5 added by Stats. 2019, Ch. 38, Sec. 12. ) ## 439. (a) The Surgeon General shall be appointed by the Governor and shall be the director of the Office of the Surgeon General. (b) On and after July 1, 2019, the appointment of the Surgeon General shall be subject to confirmation by the Senate. (c) The salary of the Surgeon General shall be fixed in accordance with state law. (Added by Stats. 2019, Ch. 38, Sec. 12. (SB 78) Effective June 27, 2019.)
  94. 439.900.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1.6. HEALTH RESEARCH FAIRNESS [439.900 - 439.906] ( Part 1.6 added by Stats. 1991, Ch. 792, Sec. 1. )

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    This section says the act is known as the Health Research Fairness Act and may be cited by that name.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1.6. HEALTH RESEARCH FAIRNESS [439.900 - 439.906] ( Part 1.6 added by Stats. 1991, Ch. 792, Sec. 1. ) ## 439.900. This act shall be known and may be cited as the Health Research Fairness Act. (Added by Stats. 1991, Ch. 792, Sec. 1.)
  95. 439.901.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1.6. HEALTH RESEARCH FAIRNESS [439.900 - 439.906] ( Part 1.6 added by Stats. 1991, Ch. 792, Sec. 1. )

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    The provision states that NIH-funded clinical studies should include adequate numbers of women in proportion to the condition’s prevalence, unless a proper justification is given.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1.6. HEALTH RESEARCH FAIRNESS [439.900 - 439.906] ( Part 1.6 added by Stats. 1991, Ch. 792, Sec. 1. ) ## 439.901. The Legislature finds and declares all of the following: (a) The National Institutes of Health (NIH), the nation’s major source of funding for medical research conducted in the United States, spends approximately 13 percent of its budget for research on conditions and diseases that are primarily women’s health issues. Although it is true that the great majority of the NIH research funds are expended for studies of diseases that affect both men and women, or for fundamental research that has significance for diseases affecting all segments of our population, women have not been adequately represented in research populations in major NIH-funded studies of diseases which affect both men and women. (b) Today many medical treatments currently used on women are based on studies conducted entirely on men. For example, although cardiovascular illness is the number one cause of death and disability in American women, women have consistently been excluded from major research studies in this area. (c) It is estimated that 175,000 American women will develop breast cancer, and 44,000 women will die from the disease this year. Currently, one in nine women born in the United States will develop breast cancer in her lifetime. (d) Women constitute 11 percent of all reported AIDS cases. Eighty percent of all HIV-infected women are women of color. (e) Osteoporosis, a condition characterized by excessive loss of bone tissue, affects an estimated 24 million Americans and results annually in an estimated $10 billion in direct medical costs. The cost of this disease will continue to escalate as the population ages and the incidence of osteoporosis increases. If current trends continue, the cost of osteoporosis treatment could be as much as $62 billion by the year 2020. (f) Eighty percent of individuals affected by osteoporosis are women. One-half of all women over age 45 years, and 90 percent of all women over age 75 years, suffer from osteoporosis. (g) Nearly one million couples seek medical advice or treatment for infertility. In the last 20 years, the number of infertility-related visits to doctors has nearly quadrupled. The risk of infertility is one and one-half times greater for blacks than for whites. (h) Despite these facts, women’s health issues—which are defined as diseases or conditions that are unique to women, are more prevalent or more serious in women, or for which specific risk factors or interventions differ for women—have received insufficient attention both in terms of funding and research. (i) The best way to treat women’s health problems is to prevent them from occurring, or to catch them in their earliest stages when they are most treatable. Without research into the causes and cures of diseases affecting women, these diseases cannot be effectively treated. (j) On August 24, 1990, the NIH published a revised, strengthened “NIH/ADHMA Policy Concerning Inclusion of Women in Study Populations.” That policy clearly stated that adequate numbers of women must be included in NIH-funded clinical studies, in proportion to the prevalence of the condition under study, unless an appropriate justification is provided. The revised policy also states that NIH will not fund grants that do not comply with its provisions. (k) The majority of biomedical research funded by, or based at, the University of California is fundamental research that investigates basic life processes and disease mechanisms, often at the cellular or molecular level, and that yields benefits for all segments of our population. (Added by Stats. 1991, Ch. 792, Sec. 1.)
  96. 439.902.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1.6. HEALTH RESEARCH FAIRNESS [439.900 - 439.906] ( Part 1.6 added by Stats. 1991, Ch. 792, Sec. 1. )

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    State agencies must adopt policies on including women in health research, and state agencies plus the University of California must send those policies and related procedures to the Legislature by September 30, 1992.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1.6. HEALTH RESEARCH FAIRNESS [439.900 - 439.906] ( Part 1.6 added by Stats. 1991, Ch. 792, Sec. 1. ) ## 439.902. (a) On or before June 30, 1992, state agencies shall adopt, and it is the intent of the Legislature that the Regents of the University of California adopt, policies based on the publication “NIH/ADHMA Policy Concerning Inclusion of Women in Study Populations,” so that women and members of minority groups are appropriately included as subjects of health research projects carried out by state agencies or University of California researchers. The review of research proposals funded by state agencies or the University of California should include consideration of the appropriateness of the composition of research populations. (b) On or before September 30, 1992, state agencies and the University of California shall transmit to the Legislature copies of the policies adopted pursuant to this section, along with copies of the specific procedures put in place to carry out those policies. (Added by Stats. 1991, Ch. 792, Sec. 1.)
  97. 439.903.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1.6. HEALTH RESEARCH FAIRNESS [439.900 - 439.906] ( Part 1.6 added by Stats. 1991, Ch. 792, Sec. 1. )

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    State agencies must provide special funding opportunities for research on health conditions affecting women and minorities, and ensure funding helps researchers adapt to changing disease patterns.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1.6. HEALTH RESEARCH FAIRNESS [439.900 - 439.906] ( Part 1.6 added by Stats. 1991, Ch. 792, Sec. 1. ) ## 439.903. State agencies shall, and it is the intent of the Legislature that the University of California: (a) Provide special opportunities for funding research projects devoted to diseases, disorders, or other health conditions of particular concern to women and minorities, or in health research areas in which women and minorities have been traditionally underrepresented. (b) At the same time, ensure that funding will enable researchers to adapt to changing population distribution of diseases. (Added by Stats. 1991, Ch. 792, Sec. 1.)
  98. 439.904.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1.6. HEALTH RESEARCH FAIRNESS [439.900 - 439.906] ( Part 1.6 added by Stats. 1991, Ch. 792, Sec. 1. )

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    State agencies and the University of California must report on how state funds support certain research, must adopt data-collection procedures by June 30, 1992, and must include related information in periodic program reports starting June 30, 1993.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1.6. HEALTH RESEARCH FAIRNESS [439.900 - 439.906] ( Part 1.6 added by Stats. 1991, Ch. 792, Sec. 1. ) ## 439.904. (a) State agencies and the University of California shall report, consistent with available data, on the extent to which state funds administered by those agencies and the University of California are used to support research on diseases, disorders, or other health conditions that meet one or more of the following criteria, as determined by the state agency or the University of California: (1) Are unique to women or minorities, more prevalent in women or minorities, or more serious for women or minorities. (2) For which the risk factors or interventions are different for women or minorities. (b) On or before June 30, 1992, state agencies and the University of California shall adopt procedures for collecting and classifying data on the extent to which state-funded research projects address medical issues of particular concern to women and minorities. On and after June 30, 1993, information concerning the extent to which research supported by particular programs of state agencies and the University of California addresses medical issues of particular concern to women and minorities shall be incorporated into the appropriate periodic program reports required under existing law. (Added by Stats. 1991, Ch. 792, Sec. 1.)
  99. 439.905.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1.6. HEALTH RESEARCH FAIRNESS [439.900 - 439.906] ( Part 1.6 added by Stats. 1991, Ch. 792, Sec. 1. )

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    The Legislature states its intent to encourage research on how effective RU-486 (mifepristone) is for treating several listed conditions.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1.6. HEALTH RESEARCH FAIRNESS [439.900 - 439.906] ( Part 1.6 added by Stats. 1991, Ch. 792, Sec. 1. ) ## 439.905. It is the intent of the Legislature to encourage research on the effectiveness of RU-486 (mifepristone) in treating breast and ovarian cancer, meningioma, endometriosis, Cushing’s syndrome, osteoporosis, diabetes, and AIDS. (Added by Stats. 1991, Ch. 792, Sec. 1.)
  100. 439.906.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1.6. HEALTH RESEARCH FAIRNESS [439.900 - 439.906] ( Part 1.6 added by Stats. 1991, Ch. 792, Sec. 1. )

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    This section says “state agency” means the same as in Government Code Section 11000, for purposes of this part.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## PART 1.6. HEALTH RESEARCH FAIRNESS [439.900 - 439.906] ( Part 1.6 added by Stats. 1991, Ch. 792, Sec. 1. ) ## 439.906. For purposes of this part, “state agency” has the same meaning as defined in Section 11000 of the Government Code. (Added by Stats. 1991, Ch. 792, Sec. 1.)
  101. 440.10.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## [PART 1.7. HEALTH FACILITIES DISCLOSURE ACT] [440.10 - 440.50] ( Heading of Part 1.7 amended by Stats. 1974, Ch. 1171. )

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    In this chapter, “health facility” means a general acute care hospital that must be licensed under the referenced licensing chapter.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## [PART 1.7. HEALTH FACILITIES DISCLOSURE ACT] [440.10 - 440.50] ( Heading of Part 1.7 amended by Stats. 1974, Ch. 1171. ) ## 440.10. “Health facility,” as used in this chapter, means any general acute care hospital required to be licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2. (Added by Stats. 1993, Ch. 1049, Sec. 1. Effective January 1, 1994.)
  102. 440.20.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## [PART 1.7. HEALTH FACILITIES DISCLOSURE ACT] [440.10 - 440.50] ( Heading of Part 1.7 amended by Stats. 1974, Ch. 1171. )

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    A health facility must give the primary attending health care practitioner a copy of the complete itemized charges for a patient’s services within 7 days after the patient’s itemized bill is completed, if there is a written request naming the patient and the practitioner is not employed by the facility or its integrated group practice.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## [PART 1.7. HEALTH FACILITIES DISCLOSURE ACT] [440.10 - 440.50] ( Heading of Part 1.7 amended by Stats. 1974, Ch. 1171. ) ## 440.20. Within seven days after completion of the patient’s itemized bill, every health facility shall provide to the primary attending health care practitioner a copy, upon written request specifying the individual patient, of the complete itemized charges for services rendered by the health facility to the health care practitioner’s patient when the primary attending health care practitioner is not employed by the health facility nor is a member of an integrated group practice that provided the health facility services. (Added by Stats. 1993, Ch. 1049, Sec. 2. Effective January 1, 1994.)
  103. 440.30.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## [PART 1.7. HEALTH FACILITIES DISCLOSURE ACT] [440.10 - 440.50] ( Heading of Part 1.7 amended by Stats. 1974, Ch. 1171. )

    Verify source ↗

    A primary attending health care practitioner’s written request to a health facility must specify the records to be copied and include a copying fee.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## [PART 1.7. HEALTH FACILITIES DISCLOSURE ACT] [440.10 - 440.50] ( Heading of Part 1.7 amended by Stats. 1974, Ch. 1171. ) ## 440.30. The primary attending health care practitioner’s written request to the health facility shall specify the records to be copied pursuant to Section 440.20 and shall include a fee to defray the cost of copying, not to exceed twenty-five cents ($0.25) per page, plus any reasonable costs of clerical services incurred in locating and making the records available. (Added by Stats. 1993, Ch. 1049, Sec. 3. Effective January 1, 1994.)
  104. 440.40.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## [PART 1.7. HEALTH FACILITIES DISCLOSURE ACT] [440.10 - 440.50] ( Heading of Part 1.7 amended by Stats. 1974, Ch. 1171. )

    Verify source ↗

    The primary attending health care practitioner must get each patient’s prior written consent before releasing billing information, and a copy of the signed consent form must be sent to the health care facility with the written request for itemized billings.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## [PART 1.7. HEALTH FACILITIES DISCLOSURE ACT] [440.10 - 440.50] ( Heading of Part 1.7 amended by Stats. 1974, Ch. 1171. ) ## 440.40. The primary attending health care practitioner shall obtain prior written consent from each patient for whom a billing is requested, authorizing the release of the patient’s billing. A copy of this signed patient consent form shall be forwarded to the health care facility as part of the written request for itemized billings. (Added by Stats. 1993, Ch. 1049, Sec. 4. Effective January 1, 1994.)
  105. 440.50.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## [PART 1.7. HEALTH FACILITIES DISCLOSURE ACT] [440.10 - 440.50] ( Heading of Part 1.7 amended by Stats. 1974, Ch. 1171. )

    Verify source ↗

    Section 440.50 bars making available, under Section 440.20, any information that another law prohibits from being released, except the itemized billing described in Section 440.20.

    ## Health and Safety Code - HSC ## DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135 - 1179.102] ( Division 1 enacted by Stats. 1939, Ch. 60. ) ## [PART 1.7. HEALTH FACILITIES DISCLOSURE ACT] [440.10 - 440.50] ( Heading of Part 1.7 amended by Stats. 1974, Ch. 1171. ) ## 440.50. No information, other than the itemized billing set forth in Section 440.20, that is prohibited from being released by any other provision of law shall be made available pursuant to Section 440.20. (Added by Stats. 1993, Ch. 1049, Sec. 5. Effective January 1, 1994.)
  106. 44000.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 1. General [44000 - 44005] ( Article 1 added by Stats. 1982, Ch. 892, Sec. 2. )

    Verify source ↗

    This section states the Legislature’s intent to meet or exceed federal air quality standards, improve the vehicle inspection and maintenance network, and monitor its performance.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 1. General [44000 - 44005] ( Article 1 added by Stats. 1982, Ch. 892, Sec. 2. ) ## 44000. By the enactment of the 1994 amendments to this chapter made pursuant to the act that added this section, the Legislature hereby declares its intent to meet or exceed the air quality standards established by the amendments enacted to the federal Clean Air Act in 1990 (42 U.S.C. Sec. 7401 et seq., as amended by P.L. 101-549), to enhance and improve the existing vehicle inspection and maintenance network, and to periodically monitor the performance of the network against stated objectives. (Repealed and added by Stats. 1994, Ch. 27, Sec. 4. Effective March 30, 1994.)
  107. 44000.1.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 1. General [44000 - 44005] ( Article 1 added by Stats. 1982, Ch. 892, Sec. 2. )

    Verify source ↗

    The Legislature states that the 1999–2000 amendments to this part should not reduce the state’s ability to meet emission reduction goals.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 1. General [44000 - 44005] ( Article 1 added by Stats. 1982, Ch. 892, Sec. 2. ) ## 44000.1. It is the intent of the Legislature that the amendments made to this part by the act that added this section during the 1999–2000 Regular Session not negatively affect the ability of the state to achieve its emission reduction goals. (Added by Stats. 1999, Ch. 67, Sec. 12. Effective July 6, 1999.)
  108. 44000.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 1. General [44000 - 44005] ( Article 1 added by Stats. 1982, Ch. 892, Sec. 2. )

    Verify source ↗

    This section says the Legislature does not intend to treat vehicles as “gross polluters” just because of make, model, or year, and fleet vehicles are excluded from certain certification requirements.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 1. General [44000 - 44005] ( Article 1 added by Stats. 1982, Ch. 892, Sec. 2. ) ## 44000.5. (a) The Legislature further finds and declares that the motor vehicle inspection and maintenance program implemented under this chapter has, since 1984, provided beneficial emission reductions without undue inconvenience to California vehicle owners, and vehicle owners will benefit from the maintenance by the state of a substantially decentralized program giving them a choice among thousands of independent licensed stations able to perform both inspection and repair of vehicles. (b) With the enactment of this chapter, the Legislature does not intend to create a statutory presumption that any motor vehicle, solely by virtue of make, model, or year of manufacture, shall be classified or categorized as a “gross polluter” or a “gross polluting vehicle.” (c) (1) With the enactment of this chapter, the Legislature does not intend to place an unreasonable burden on fleet vehicles with respect to compliance with smog inspection and maintenance regulations. (2) Fleet vehicles shall not be included in the certification requirements established pursuant to Section 44014.7. (Added by Stats. 1996, Ch. 1088, Sec. 1. Effective September 30, 1996.)
  109. 44001.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 1. General [44000 - 44005] ( Article 1 added by Stats. 1982, Ch. 892, Sec. 2. )

    Verify source ↗

    This section explains why California is updating its motor vehicle inspection and maintenance program to meet stricter emission targets.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 1. General [44000 - 44005] ( Article 1 added by Stats. 1982, Ch. 892, Sec. 2. ) ## 44001. (a) The Legislature hereby finds and declares that California has been required, by the amendments enacted to the Clean Air Act in 1990, and by regulations adopted by the Environmental Protection Agency, to enhance California’s existing motor vehicle inspection and maintenance program to meet new, more stringent emission reduction targets. Therefore, the Legislature declares that the 1994 amendments to this chapter are adopted to implement further improvements in the existing inspection and maintenance program so that California will meet or exceed the new emission reduction targets. (b) The Legislature further finds and declares all of the following: (1) California is recognized as a leader in establishing performance standards for its air quality programs and those standards have been adopted by many other states and countries. (2) Studies show that a minority of motor vehicles produce a disproportionate amount of the pollution caused by vehicle emissions. Those vehicles are referred to as gross polluters. (3) The concept of periodic testing alone does not act as a sufficient deterrent to tampering, or as a sufficient incentive for vigilant vehicle maintenance by a significant percentage of motorists. Gross polluters continue to be driven on the roadways of California. (4) (A) New technology, known as remote sensing, offers great promise as a cost-effective means to detect vehicles emitting excess emissions as the vehicles are being driven. This type of detection offers many valuable applications, especially its use between scheduled tests, as an inexpensive, random, and pervasive means of identifying vehicles which are gross polluters and targeting those vehicles for repair or other methods of emission reduction. (B) Another new technology, the development of emissions profiles for motor vehicles, allows the motor vehicle inspection program to accurately identify both high- and low-emitting vehicles. This technology may allow the full or partial exception of certain vehicles from biennial certification requirements to the extent determined by the department. (5) California continues to seek strict adherence to federal and state performance standards and to results-based evaluations that meet the state’s unique circumstances, and which consist of all of the following: (A) Acceptance of the shared obligation and personal responsibility required to successfully inspect and maintain millions of motor vehicles. Specifically, that obligation begins with this chapter, and extends through those regulators charged with its implementation and enforcement. Through the enactment of the 1994 amendments to this chapter, the Legislature hereby recognizes and seeks to encourage, through a number of innovative and significant steps, the critical role that each California motorist must play in maintaining his or her vehicle’s emission control systems in proper working order, in such a way as to continuously meet mandated emission control standards and ensure for California the clean air essential to the health of its citizens, its communities, and its economy. (B) A focus on the detection, diagnosis, and repair of broken, tampered, or malfunctioning vehicle emission control systems. (C) Flexibility to incorporate and implement future new scientific findings and technological advances. (D) Consideration of convenience and costs to those who are required to participate, including motorists, smog check stations, and technicians. (E) An enforcement program which is vigorous and effective and includes monitoring of the performance of the smog check test or repair stations and technicians, as well as the monitoring of vehicle emissions as vehicles are being driven. (c) The Legislature further finds and declares that California is, as of the effective date of this section, implementing a number of motor vehicle emission reduction strategies far beyond the effort undertaken by any other state, including all of the following: (1) California certification standards exceed those of the other 49 states, increasing the cost of a new car to a California consumer by one hundred fifty dollars ($150) or more. (2) State board regulations mandate increasing availability for sale of low-emission, ultra-low emission, and zero-emission vehicles, including, by 2003, 10 percent zero-emission vehicles. (3) Effective in 1996, state board regulations mandate the reformulation of gasoline for reduced emissions, at an estimated increased production cost of 5 to 15 cents per gallon due to refinery modifications and higher production costs. (4) Cleaner diesel fuel regulations, more stringent than federal standards, took effect in California in October 1993, increasing diesel fuel costs by 4 to 6 cents per gallon. (5) California law provides for vehicle registration surcharges of up to four dollars ($4) per vehicle in nonattainment areas for air quality-related projects. (6) California law taxes cleaner fuels at one-half the rate of gasoline and diesel fuel. (7) California law provides tax credits for the purchase of low-emission vehicles. (8) California requires smog checks and repairs whenever a vehicle changes ownership, some 3 million vehicles annually, in addition to the regular biennial tests. (9) Low-value vehicles are discouraged from entering California due to the imposition of a three hundred dollar ($300) smog impact fee on vehicles that are not manufactured to California certification standards. (10) California imposes sales taxes on motor vehicle fuels and dedicates most of those revenues to mass transit. This increases the cost of fuels by seven cents ($.07) per gallon. (11) Transportation sales taxes in most urban counties also generate substantial funding for transit and other congestion-reduction measures, costing the average urban California resident fifty dollars ($50) to one hundred dollars ($100) annually, which would be the equivalent of another 8 to 16 cents per gallon of fuel. (Amended by Stats. 1997, Ch. 803, Sec. 3. Effective January 1, 1998. Note: Conditional amendments by Stats. 1994, Ch. 1192, were repealed by Stats. 1996, Ch. 1154.)
  110. 44001.1.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 1. General [44000 - 44005] ( Article 1 added by Stats. 1982, Ch. 892, Sec. 2. )

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    This section says better repairs to vehicle emission control components could reduce emissions, and expresses an intent for the department to work with community colleges and other training institutions on funding mechanisms for innovative technician training.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 1. General [44000 - 44005] ( Article 1 added by Stats. 1982, Ch. 892, Sec. 2. ) ## 44001.1. (a) The Legislature finds and declares that additional reductions of motor vehicle emissions could be achieved by effective repairs to motor vehicle emission control components. (b) It is the intent of the Legislature that the department work with the California Community Colleges and other training institutions to identify funding mechanisms that encourage the development of innovative training programs for motor vehicle technicians that focus on reducing air pollution from vehicles needing repair and to increase the number and skill level of motor vehicle technicians. (Added by Stats. 2010, Ch. 258, Sec. 1. (AB 2289) Effective January 1, 2011.)
  111. 44001.3.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 1. General [44000 - 44005] ( Article 1 added by Stats. 1982, Ch. 892, Sec. 2. )

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    The Legislature states background findings about smog check repair waivers, vehicle pollution, and repair cost limits.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 1. General [44000 - 44005] ( Article 1 added by Stats. 1982, Ch. 892, Sec. 2. ) ## 44001.3. The Legislature hereby finds and declares as follows: (a) Under the state’s previous smog check program, a motor vehicle owner could obtain unlimited repair cost waivers and, therefore, avoid repair of a polluting vehicle. (b) As a result, many vehicles were reregistered year after year and allowed to continue to pollute the air. (c) Repairing high-polluting and gross polluting vehicles (which pollute 2 to 25 times more than the average vehicle that passes a smog check) could significantly improve California air quality and allow the state to meet federal clean air goals. (d) The existing repair cost limit for smog repairs is a minimum of four hundred fifty dollars ($450) in all areas where the enhanced smog check program operates; fifty dollars ($50) to three hundred dollars ($300) based on the model year of the vehicle where the enhanced program is not fully implemented; and no cost limit for the repair of gross polluting vehicles. (e) Without state financial assistance to repair a vehicle, a low-income vehicle owner is forced to either scrap the vehicle or drive an unregistered vehicle. (Added by Stats. 1997, Ch. 804, Sec. 1. Effective January 1, 1998.)
  112. 44001.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 1. General [44000 - 44005] ( Article 1 added by Stats. 1982, Ch. 892, Sec. 2. )

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    The chief of the bureau must enforce and administer this chapter, and the department must work to achieve required vehicle emission reductions, identify and fail gross polluters when tested, protect vehicles that meet standards from false failures, and may use emergency rulemaking to issue needed regulations.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 1. General [44000 - 44005] ( Article 1 added by Stats. 1982, Ch. 892, Sec. 2. ) ## 44001.5. (a) A duty of enforcing and administering this chapter is vested in the chief of the bureau who is responsible to the director. (b) The department shall take those actions consistent with its statutory authority to ensure that the reduction in vehicle emissions of hydrocarbons, carbon monoxide, and oxides of nitrogen meet or exceed the reductions required by the amendments enacted to the Clean Air Act in 1990. The department shall endeavor to achieve these vehicle emission reductions as expeditiously as practicable, but not later than the deadlines established by the amendments enacted to the Clean Air Act in 1990. (c) The department shall also ensure that gross polluters are identified and failed when tested pursuant to this chapter and that vehicles meeting the state standards are protected from being falsely failed. (d) The department may exercise the emergency rulemaking powers in Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code in order to promptly issue any regulations required to implement the 1994 amendments to this chapter. (Amended by Stats. 1995, Ch. 91, Sec. 90. Effective January 1, 1996.)
  113. 44002.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 1. General [44000 - 44005] ( Article 1 added by Stats. 1982, Ch. 892, Sec. 2. )

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    The department has exclusive state authority to develop and implement the motor vehicle inspection program, and its director, officers, and employees have the powers and authority needed to administer and enforce the chapter.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 1. General [44000 - 44005] ( Article 1 added by Stats. 1982, Ch. 892, Sec. 2. ) ## 44002. The department shall have the sole and exclusive authority within the state for developing and implementing the motor vehicle inspection program in accordance with this chapter. For the purposes of administration and enforcement of this chapter, the department, and the director and officers and employees thereof, shall have all the powers and authority granted under Division 1 (commencing with Section 1) and Division 1.5 (commencing with Section 475) and Chapter 20.3 (commencing with Section 9880) of Division 3 of the Business and Professions Code and under Chapter 33 (commencing with Section 3300) of Title 16 of the California Code of Regulations. Inspections and repairs performed pursuant to this chapter, in addition to meeting the specific requirements imposed by this chapter, shall also comply with all requirements imposed pursuant to Division 1 (commencing with Section 1) and Division 1.5 (commencing with Section 475) and Chapter 20.3 (commencing with Section 9880) of Division 3 of the Business and Professions Code and Chapter 33 (commencing with Section 3300) of Title 16 of the California Code of Regulations. (Amended by Stats. 1990, Ch. 1433, Sec. 14.)
  114. 44003.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 1. General [44000 - 44005] ( Article 1 added by Stats. 1982, Ch. 892, Sec. 2. )

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    This section sets where enhanced and basic vehicle inspection programs apply, and gives the department authority to set different test procedures and equipment requirements for certain areas.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 1. General [44000 - 44005] ( Article 1 added by Stats. 1982, Ch. 892, Sec. 2. ) ## 44003. (a) (1) An enhanced motor vehicle inspection and maintenance program is established in each urbanized area of the state, any part of which is classified by the Environmental Protection Agency as a serious, severe, or extreme nonattainment area for ozone or a moderate or serious nonattainment area for carbon monoxide with a design value greater than 12.7 ppm, and in other areas of the state as provided in this chapter. (2) A basic vehicle inspection and maintenance program shall be continued in all other areas of the state where a program was in existence under this chapter as of the effective date of this paragraph. (b) The department may prescribe different test procedures and equipment requirements for those areas described in subdivision (a). Program components shall be operated in all program areas unless otherwise indicated, as determined by the department. In those areas where the biennial program is not implemented and smog check inspections are required to complete the requirements set forth in Sections 4000.1 and 4000.2 of the Vehicle Code, program elements that apply in basic areas, including test equipment requirements for smog check stations, shall apply. (c) (1) Districts classified as attainment areas may request the department to implement all or part of the program elements defined in this chapter. However, the department shall not implement the program established by Section 44010.5 in any area other than an urbanized area, any part of which is classified by the Environmental Protection Agency as a serious, severe, or extreme nonattainment area for ozone or a moderate or serious nonattainment area for carbon monoxide with a design value greater than 12.7 ppm. (2) Districts that include areas classified as basic program nonattainment areas pursuant to subdivision (a) may, except as provided in paragraph (1), request the implementation in those areas of test procedures and equipment required for enhanced program areas and any other program requirement specified for enhanced program areas. (Amended by Stats. 2012, Ch. 728, Sec. 91. (SB 71) Effective January 1, 2013.)
  115. 44003.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 1. General [44000 - 44005] ( Article 1 added by Stats. 1982, Ch. 892, Sec. 2. )

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    This section establishes an enhanced motor vehicle inspection and maintenance program for the San Francisco Bay Area Basin and tells state officials how and when to start and phase it in.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 1. General [44000 - 44005] ( Article 1 added by Stats. 1982, Ch. 892, Sec. 2. ) ## 44003.5. (a) Notwithstanding any other law, an enhanced motor vehicle inspection and maintenance program, including the provisions of Section 44010.5, is established in the San Francisco Bay Area Basin, consistent with the requirements described in subdivision (b). (b) The department shall commence operation of the enhanced motor vehicle inspection and maintenance program in the urbanized areas of the San Francisco Bay Area Basin, including directing motor vehicles to test facilities, after the department determines that an adequate number of test stations, test and repair stations, referee services, and other facilities and equipment necessary to provide reliable and convenient service to vehicle owners subject to the program exist in that basin. (c) Upon commencing operation of the enhanced program in those areas of the San Francisco Bay Area Basin subject to the requirements of the program, the bureau shall utilize emission standards for oxides of nitrogen, and percentages of vehicles directed to test stations similar to those utilized to begin the initial implementation of the program in other enhanced areas of the state. The department shall phase in more stringent emission standards for oxides of nitrogen and direct higher percentages of vehicles to test stations, so that the fully implemented enhanced program in the San Francisco Bay area is consistent with the fully implemented enhanced program in other areas of the state. (d) (1) On or before January 1, 2004, and concurrent with implementing subdivision (b), the board shall submit for peer review the study produced by the University of California at Riverside and commissioned by the Bay Area Air Quality Management District, and any other available scientifically credible evidence, to determine the impact of the enhanced motor vehicle inspection and maintenance program on Contra Costa County and surrounding areas. If the peer review concludes that the enhanced motor vehicle inspection and maintenance program in the urbanized areas of the San Francisco Bay Area Basin results in adverse ozone and other air quality impacts in Contra Costa County or parts of Solano, San Joaquin, Alameda, and Santa Clara Counties, the board, on or before January 1, 2004, shall suggest mitigation measures to the Legislature and to the respective air quality districts. These measures may include, but need not be limited to, a recommendation for additional funds to be made available for transit purposes and private passenger motor vehicle maintenance and repair purposes. (2) It is the intent of the Legislature in enacting this section to seek implementation of those mitigation measures suggested under paragraph (1) that are found to be scientifically credible means to mitigate adverse ozone and other air quality impacts, are consistent with this section, and do not adversely impact downwind regions. (e) Consistent with subdivision (b), it is the intent of the Legislature that the department commence operation of the enhanced motor vehicle inspection and maintenance program in the urbanized areas of the San Francisco Bay Air Basin as expeditiously as possible in order to assist the San Francisco Bay Area and downwind air districts in meeting their federal air quality attainment requirements. (Amended by Stats. 2023, Ch. 681, Sec. 13. (AB 1263) Effective January 1, 2024.)
  116. 44004.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 1. General [44000 - 44005] ( Article 1 added by Stats. 1982, Ch. 892, Sec. 2. )

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    The motor vehicle inspection program must replace other emission inspection programs in a district when implemented there, and this chapter does not apply to certain vehicles permanently located on remote Pacific Ocean islands.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 1. General [44000 - 44005] ( Article 1 added by Stats. 1982, Ch. 892, Sec. 2. ) ## 44004. (a) The motor vehicle inspection program provided by this chapter, when implemented in a district, shall supersede and replace any other program for motor vehicle emission inspection in the district. This chapter shall not apply to any vehicle permanently located on an island in the Pacific Ocean located 20 miles or more from the mainland coast. (b) The motor vehicle inspection program provided by this chapter shall be in accordance with Sections 4000.1 and 4000.3 of the Vehicle Code. (Amended by Stats. 2004, Ch. 701, Sec. 2. Effective January 1, 2005. Inoperative April 1, 2005, pursuant to Stats. 2004, Ch. 704, Secs. 5 and 7.)
  117. 44005.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 1. General [44000 - 44005] ( Article 1 added by Stats. 1982, Ch. 892, Sec. 2. )

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    The Department of Motor Vehicles must cooperate with the department on program changes, and the inspection program must cover specified vehicles at the listed registration and ownership events.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 1. General [44000 - 44005] ( Article 1 added by Stats. 1982, Ch. 892, Sec. 2. ) ## 44005. (a) The Department of Motor Vehicles shall cooperate with the department in implementing any changes to enhance the program to achieve greater efficiency, cost effectiveness, and convenience, or to reduce excess emissions in accordance with this chapter. (b) The program shall provide for inspection of specified motor vehicles, as determined by the department, upon initial registration, biennially upon renewal of registration, upon transfer of ownership, upon the issuance of a notice of noncompliance to a gross polluter pursuant to Section 44081, and as otherwise provided in this chapter. (Amended by Stats. 1997, Ch. 803, Sec. 4. Effective January 1, 1998.)
  118. 44010.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 2. Program Requirements [44010 - 44025] ( Article 2 added by Stats. 1982, Ch. 892, Sec. 2. )

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    The motor vehicle inspection program must provide for privately operated smog check stations, which may issue certificates of compliance or noncompliance for vehicles that meet chapter requirements if authorized under Section 44015.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 2. Program Requirements [44010 - 44025] ( Article 2 added by Stats. 1982, Ch. 892, Sec. 2. ) ## 44010. The motor vehicle inspection program shall provide for privately operated stations which shall be referred to as smog check stations and are authorized pursuant to Section 44015 to issue certificates of compliance or noncompliance to vehicles which meet the requirements of this chapter. (Amended by Stats. 1994, Ch. 27, Sec. 12. Effective March 30, 1994.)
  119. 44010.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 2. Program Requirements [44010 - 44025] ( Article 2 added by Stats. 1982, Ch. 892, Sec. 2. )

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    The department must run a vehicle inspection program in the specified enhanced areas, use the listed testing procedures, give licensed smog check stations the first chance to inspect vehicles except in one case, and ensure enough properly located test facilities.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 2. Program Requirements [44010 - 44025] ( Article 2 added by Stats. 1982, Ch. 892, Sec. 2. ) ## 44010.5. (a) The department shall implement a program with the capacity to inspect that portion of the total state vehicle fleet subject to inspection each year in the biennial program and registered in the enhanced program area, as established pursuant to paragraph (1) of subdivision (a) of Section 44003, which is sufficient to meet the emission reduction performance standards established by the United States Environmental Protection Agency in regulations adopted pursuant to the Clean Air Act Amendments of 1990. Except as provided in paragraph (2) of subdivision (b), the department shall afford smog check stations licensed pursuant to Section 44014 and certified pursuant to Section 44014.2 the initial opportunity to inspect vehicles subject to the program in this section. (b) (1) The program shall use the testing procedures described in Section 44012. (2) Vehicles selected for testing pursuant to this section shall include vehicles equipped without second generation onboard diagnostic systems (OBD II) and vehicles with emission problems that may not be adequately detected by the vehicle’s OBD II, as determined by the department in consultation with the state board. Vehicles subject to testing under this paragraph shall be tested by referee facilities or a similar contracted inspection network established by the department, which may include subcontracted licensed smog check stations, as provided in subdivision (f) of Section 44014. (3) The department, in consultation with the state board, may also select for testing pursuant to this section any other vehicles necessary in order to meet the requirement described in subdivision (a). (c) Vehicles in the enhanced program area that are not subjected to the program established by this section may be tested at smog check stations licensed pursuant to Section 44014 using appropriate testing procedures as determined by the department. (d) The department shall ensure that there is a sufficient number of test facilities, and that they are properly located, to ensure reasonable accessibility and convenience to all persons within an enhanced program area. (e) The department shall implement the program established in this section only in urbanized areas classified by the United States Environmental Protection Agency as a serious, severe, or extreme nonattainment area for ozone or a moderate or serious nonattainment area for carbon monoxide with a design value greater than 12.7 ppm, and shall not implement the program in any other area. (Amended by Stats. 2023, Ch. 681, Sec. 14. (AB 1263) Effective January 1, 2024.)
  120. 44011.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 2. Program Requirements [44010 - 44025] ( Article 2 added by Stats. 1982, Ch. 892, Sec. 2. )

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    Certain internal-combustion vehicles registered in a program coverage area must get a certificate of compliance or noncompliance every two years, subject to listed exemptions.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 2. Program Requirements [44010 - 44025] ( Article 2 added by Stats. 1982, Ch. 892, Sec. 2. ) ## 44011. (a) All motor vehicles powered by internal combustion engines that are registered within an area designated for program coverage shall be required biennially to obtain a certificate of compliance or noncompliance, except for the following: (1) All motorcycles until the department, pursuant to Section 44012, implements test procedures applicable to motorcycles. (2) All motor vehicles that have been issued a certificate of compliance or noncompliance or a repair cost waiver upon a change of ownership or initial registration in this state during the preceding six months. (3) All motor vehicles manufactured prior to the 1976 model-year. (4) (A) Except as provided in subparagraph (B), all motor vehicles four or less model-years old. (B) (i) Beginning January 1, 2005, all motor vehicles six or less model-years old, unless the state board finds that providing an exception for these vehicles will prohibit the state from meeting the requirements of Section 176(c) of the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.) or the state’s commitments with respect to the state implementation plan required by the federal Clean Air Act. (ii) Notwithstanding clause (i), beginning January 1, 2019, all motor vehicles eight or less model-years old, unless the state board finds that providing an exception for these vehicles will prohibit the state from meeting the requirements of Section 176(c) of the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.) or the state’s commitments with respect to the state implementation plan required by the federal Clean Air Act. (iii) Clause (ii) does not apply to a motor vehicle that is seven model-years old in year 2018 for which a certificate of compliance has been obtained. (C) All motor vehicles excepted by this paragraph shall be subject to testing and to certification requirements as determined by the department, if any of the following apply: (i) The department determines through remote sensing activities or other means that there is a substantial probability that the vehicle has a tampered emission control system or would fail for other cause a smog check test as specified in Section 44012. (ii) The vehicle was previously registered outside this state and is undergoing initial registration in this state. (iii) The vehicle is being registered as a specially constructed vehicle. (iv) The vehicle has been selected for testing pursuant to Section 44014.7 or any other provision of this chapter authorizing out-of-cycle testing. (D) This paragraph does not apply to diesel-powered vehicles. (5) In addition to the vehicles exempted pursuant to paragraph (4), any motor vehicle or class of motor vehicles exempted pursuant to subdivision (c) of Section 44024.5. It is the intent of the Legislature that the department, pursuant to the authority granted by this paragraph, exempt at least 15 percent of the lowest emitting motor vehicles from the biennial smog check inspection. (6) All motor vehicles that the department determines would present prohibitive inspection or repair problems. (7) Any vehicle registered to the owner of a fleet licensed pursuant to Section 44020 if the vehicle is garaged exclusively outside the area included in program coverage, and is not primarily operated inside the area included in program coverage. (8) (A) All diesel-powered vehicles manufactured prior to the 1998 model-year. (B) All diesel-powered vehicles that have a gross vehicle weight rating of 8,501 to 10,000 pounds, inclusive, until the department, in consultation with the state board, pursuant to Section 44012, implements test procedures applicable to these vehicles. (C) All diesel-powered vehicles that have a gross vehicle weight rating from 10,001 pounds to 14,000 pounds, inclusive, until the state board and the Department of Motor Vehicles determine the best method for identifying these vehicles, and until the department, in consultation with the state board, pursuant to Section 44012, implements test procedures applicable to these vehicles. (D) All diesel-powered vehicles that have a gross vehicle weight rating of 14,001 pounds or greater. (b) Vehicles designated for program coverage in enhanced areas shall be required to obtain inspections from appropriate smog check stations operating in enhanced areas. (c) For purposes of subdivision (a), a collector motor vehicle, as defined in Section 259 of the Vehicle Code, is exempt from those portions of the test required by subdivision (f) of Section 44012 if the collector motor vehicle meets all of the following criteria: (1) Submission of proof that the motor vehicle is insured as a collector motor vehicle, as shall be required by regulation of the bureau. (2) The motor vehicle is at least 35 model-years old. (3) The motor vehicle complies with the exhaust emissions standards for that motor vehicle’s class and model-year as prescribed by the department, and the motor vehicle passes a functional inspection of the fuel cap and a visual inspection for liquid fuel leaks. (Amended by Stats. 2017, Ch. 633, Sec. 1. (AB 1274) Effective October 10, 2017.)
  121. 44011.1.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 2. Program Requirements [44010 - 44025] ( Article 2 added by Stats. 1982, Ch. 892, Sec. 2. )

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    For Section 44011, certain California-registered vehicles count as being registered within a program coverage area if the owner’s mailing or residence address is outside California, or if the vehicle is garaged outside California.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 2. Program Requirements [44010 - 44025] ( Article 2 added by Stats. 1982, Ch. 892, Sec. 2. ) ## 44011.1. For purposes of Section 44011, the term “registered within an area designated for program coverage” includes any vehicle registered pursuant to the Vehicle Code in this state when the registered owner’s mailing or residence address is not located within this state, or when the address at which the vehicle is garaged is not located within this state. (Added by Stats. 1993, Ch. 633, Sec. 1. Effective January 1, 1994.)
  122. 44011.3.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 2. Program Requirements [44010 - 44025] ( Article 2 added by Stats. 1982, Ch. 892, Sec. 2. )

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    Vehicles subject to testing may be pretested, and a person who asks for a pretest has the right to a complete pretest unless they request only a partial pretest.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 2. Program Requirements [44010 - 44025] ( Article 2 added by Stats. 1982, Ch. 892, Sec. 2. ) ## 44011.3. Every motor vehicle that is subject to testing pursuant to this chapter may be pretested. As used in this section, a pretest is a smog inspection in which the motor vehicle is submitted to some or all of the required elements of the emissions inspection as specified in Section 44012, the results of which will not be reported to the Department of Motor Vehicles and for which a certificate will not be issued. A person choosing to have his or her vehicle pretested has the right to have a complete pretest of the vehicle unless the person requests a partial pretest. If the person requests a partial pretest, the licensed technician or an authorized representative of the licensed smog check station shall inform the vehicle owner that the partial pretest may not indicate the likelihood of the vehicle passing a subsequent official inspection. (Added by Stats. 1998, Ch. 938, Sec. 1. Effective January 1, 1999.)
  123. 44011.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 2. Program Requirements [44010 - 44025] ( Article 2 added by Stats. 1982, Ch. 892, Sec. 2. )

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    A vehicle exemption cannot be documented only by the owner’s statement; the department must do a physical inspection unless it has satisfactory alternative documentation.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 2. Program Requirements [44010 - 44025] ( Article 2 added by Stats. 1982, Ch. 892, Sec. 2. ) ## 44011.5. Documentation that a motor vehicle is exempt from the requirements of Section 44011 may not be based solely on the owner’s statement that the vehicle is in an exempt category. Physical inspection of the vehicle by the department is required unless alternative documentation satisfactory to the department is available. (Added by Stats. 1988, Ch. 1544, Sec. 25.)
  124. 44011.6.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 2. Program Requirements [44010 - 44025] ( Article 2 added by Stats. 1982, Ch. 892, Sec. 2. )

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    Heavy-duty motor vehicles that emit excessive smoke may not be used, and the state board must set up testing and enforcement procedures.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 2. Program Requirements [44010 - 44025] ( Article 2 added by Stats. 1982, Ch. 892, Sec. 2. ) ## 44011.6. (a) The use of a heavy-duty motor vehicle that emits excessive smoke is prohibited. (b) (1) As expeditiously as possible, the state board shall develop a test procedure for the detection of excessive smoke emissions from heavy-duty diesel motor vehicles that is feasible for use in an intermittent roadside inspection program. During the development of the test procedure, the state board shall cooperate with the Department of the California Highway Patrol in conducting roadside inspections. (2) The state board may also specify visual or functional inspection procedures to determine the presence of tampering or defective emissions control systems in heavy-duty diesel or heavy-duty gasoline motor vehicles. However, visual or functional inspection procedures for heavy-duty gasoline motor vehicles shall not be more stringent than those prescribed for heavy-duty gasoline motor vehicles subject to biennial inspection pursuant to Section 44013. (3) The chairperson of the state board shall appoint an ad hoc advisory committee that shall include, but not be limited to, representatives of heavy-duty engine manufacturers, carriers of property for compensation using heavy-duty gasoline or heavy-duty diesel motor vehicles, and the Department of the California Highway Patrol. The advisory committee shall cooperate with the state board to develop a test procedure pursuant to this subdivision and shall advise the state board in developing regulations to implement test procedures and inspection of heavy-duty commercial motor vehicles. (c) Any smoke testing procedures or smoke measuring equipment, including any meter that measures smoke opacity or density and any recorder that stores or records smoke opacity or density measurements, used to test for compliance with this section and regulations adopted pursuant to this section, shall produce consistent and repeatable results. The requirements of this subdivision shall be satisfied by the adoption of Society of Automotive Engineers recommended practice J 1667, “Snap-Acceleration Smoke Test Procedures for Heavy-Duty Diesel Powered Vehicles.” (d) (1) The smoke test standards and procedures adopted and implemented pursuant to this section shall be designed to ensure that no engine will fail the smoke test standards and procedures when the engine is in good operating condition and is adjusted to the manufacturer’s specifications. (2) In implementing this section, the state board shall adopt regulations that ensure that there will be no false failures or that ensure that the state board will remedy any false failures without any penalty to the vehicle owner. (e) The state board shall enforce the prohibition against the use of heavy-duty motor vehicles that are determined to have excessive smoke emissions and shall enforce any regulation prohibiting the use of a heavy-duty motor vehicle determined to have other emissions-related defects, using the test procedure established pursuant to this section. (f) The state board may issue a citation to the owner or operator for any vehicle in violation of this section. The regulations may require the operator of a vehicle to submit to a test procedure adopted pursuant to subdivision (b) and this subdivision, and may specify that refusal to so submit is an admission constituting proof of a violation, and shall require that, when a citation has been issued, the owner of a vehicle in violation of the regulations shall, within 45 days, correct every deficiency specified in the citation. (g) The department may develop criteria for one or more classes of smog check stations capable of determining compliance with regulations adopted pursuant to this section and may authorize those stations to issue certificates of compliance to vehicles in compliance with the regulations. The department may contract for the operation of smog check stations for heavy-duty motor vehicles pursuant to this subdivision, and only heavy-duty motor vehicles may be inspected at those stations. (h) In addition to the corrective action required by this section, the owner of a motor vehicle in violation of this section is subject to a civil penalty of not more than one thousand five hundred dollars ($1,500) per day for each day that the vehicle is in violation. The state board may adopt a schedule of reduced civil penalties to be applied in cases where violations are corrected in an expeditious manner. However, the schedule of reduced civil penalties shall not apply where there have been repeated incidents of emissions control system tampering. All civil penalties imposed pursuant to this subdivision shall be collected by the state board and deposited in the Vehicle Inspection and Repair Fund. Funds in the Vehicle Inspection and Repair Fund, when appropriated by the Legislature, shall be available to the state board and the Department of the California Highway Patrol for the conduct of intermittent roadside inspections of heavy-duty motor vehicles pursuant to this section. (i) Following the adoption of regulations pursuant to this section, the state board may commence inspecting heavy-duty motor vehicles. With the concurrence of the Department of the California Highway Patrol, these inspections may be conducted in conjunction with the safety and weight enforcement activities of the Department of the California Highway Patrol, or at other locations selected by the state board or the Department of the California Highway Patrol. Inspection locations may include private facilities where fleet vehicles are serviced or maintained. The state board and the Department of the California Highway Patrol may conduct these inspections either cooperatively or independently, and the state board may contract for assistance in the conduct of these inspections. (j) The state board shall inform the Department of the California Highway Patrol whenever a vehicle owner cited pursuant to this section fails to take a required corrective action or to pay a civil penalty levied pursuant to subdivisions (h) and (k) in a timely manner. Following notice and opportunity for an administrative hearing pursuant to subdivision (n), the state board may request the Department of the California Highway Patrol to remove the vehicle from service and order the vehicle to be stored. Upon notification from the state board of payment of any civil penalties imposed under subdivision (h) and storage and related charges, the vehicle shall be released to the owner or designee. Upon release of the vehicle, the owner or designee shall correct every deficiency specified in any citation to that owner with respect to the vehicle. (k) In addition to the corrective action required by subdivision (f), and in addition to the civil penalty imposed by subdivision (h), the owner of a motor vehicle cited by the state board pursuant to this section shall pay a civil penalty of three hundred dollars ($300) per citation; except that this penalty shall not apply to the first citation for any schoolbus. All civil penalties imposed pursuant to this subdivision shall be collected by the state board and deposited in the Diesel Emission Reduction Fund, which fund is hereby created. Funds in the Diesel Emission Reduction Fund, when appropriated by the Legislature, shall be available to the State Energy Resources Conservation and Development Commission for research, development, and demonstration programs undertaken pursuant to Section 25617 of the Public Resources Code. (l) The state board shall adopt regulations that afford an owner cited under this section an opportunity for an administrative hearing consistent with, but not limited to, all of the following: (1) any owner cited under this section may request an administrative hearing within 45 days following either personal receipt or certified mail receipt of the citation; (2) if the owner fails to request an administrative hearing within 45 days, the citation shall be deemed a final order and not subject to review by any court or agency; (3) if the owner requests an administrative hearing and fails to seek review by administrative mandamus pursuant to Section 1094.5 of the Code of Civil Procedure within 60 days after the mailing of the administrative hearing decision, the decision shall be deemed a final order and not subject to review by any other court or agency; and (4) the 45-day period may be extended by the administrative hearing officer for good cause. (m) Following exhaustion of the review procedures provided for in subdivision (l), the state board may apply to the Superior Court of Sacramento County for a judgment in the amount of the civil penalty. The application, which shall include a certified copy of the final order of the administrative hearing officer, shall constitute a sufficient showing to warrant the issuance of the judgment. (Amended by Stats. 2004, Ch. 644, Sec. 21. Effective January 1, 2005.)
  125. 44012.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 2. Program Requirements [44010 - 44025] ( Article 2 added by Stats. 1982, Ch. 892, Sec. 2. )

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    The department must run smog-check testing under its prescribed procedures, including required inspections and emissions checks, and it may use or allow alternative test methods in limited cases.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 2. Program Requirements [44010 - 44025] ( Article 2 added by Stats. 1982, Ch. 892, Sec. 2. ) ## 44012. The test at the smog check stations shall be performed in accordance with procedures prescribed by the department and may require loaded mode dynamometer testing in enhanced areas, two-speed idle testing, testing utilizing a vehicle’s onboard diagnostic system, or other appropriate test procedures as determined by the department in consultation with the state board. The department shall implement testing using onboard diagnostic systems, in lieu of loaded mode dynamometer or two-speed idle testing, on model year 2000 and newer vehicles only, beginning no earlier than January 1, 2013, and on model-year 1996–99, inclusive, vehicles only, beginning no earlier than January 1, 2025. However, the department, in consultation with the state board, may prescribe alternative test procedures that include loaded mode dynamometer or two-speed idle testing for vehicles with onboard diagnostic systems that the department and the state board determine exhibit operational problems. The department shall ensure, as appropriate to the test method, the following: (a) Emission control systems required by state and federal law are reducing excess emissions in accordance with the standards adopted pursuant to subdivisions (a) and (c) of Section 44013. (b) Motor vehicles are preconditioned to ensure representative and stabilized operation of the vehicle’s emission control system. (c) For other than diesel-powered vehicles, the vehicle’s exhaust emissions of hydrocarbons, carbon monoxide, carbon dioxide, and oxides of nitrogen in an idle mode or loaded mode are tested in accordance with procedures prescribed by the department. In determining how loaded mode and evaporative emissions testing shall be conducted, the department shall ensure that the emission reduction targets for the enhanced program are met. (d) For other than diesel-powered vehicles, the vehicle’s fuel evaporative system and crankcase ventilation system are tested to reduce any nonexhaust sources of volatile organic compound emissions, in accordance with procedures prescribed by the department. (e) For diesel-powered vehicles, a visual inspection is made of emission control devices and the vehicle’s exhaust emissions are tested in accordance with procedures prescribed by the department, that may include, but are not limited to, onboard diagnostic testing. The test may include testing of emissions of any or all of the pollutants specified in subdivision (c) and, upon the adoption of applicable standards, measurement of emissions of smoke or particulates, or both. (f) A visual or functional check is made of emission control devices specified by the department, including the catalytic converter in those instances in which the department determines it to be necessary to meet the findings of Section 44001. The visual or functional check shall be performed in accordance with procedures prescribed by the department. (g) A determination as to whether the motor vehicle complies with the emission standards for that vehicle’s class and model-year as prescribed by the department. (h) An analysis of pass and fail rates of vehicles subject to an onboard diagnostic test and a tailpipe test to assess whether any vehicles passing their onboard diagnostic test have, or would have, failed a tailpipe test, and whether any vehicles failing their onboard diagnostic test have or would have passed a tailpipe test. (i) The test procedures may authorize smog check stations to refuse the testing of a vehicle that would be unsafe to test, or that cannot physically be inspected, as specified by the department by regulation. The refusal to test a vehicle for those reasons shall not excuse or exempt the vehicle from compliance with all applicable requirements of this chapter. (Amended by Stats. 2023, Ch. 681, Sec. 15. (AB 1263) Effective January 1, 2024.)
  126. 44012.1.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 2. Program Requirements [44010 - 44025] ( Article 2 added by Stats. 1982, Ch. 892, Sec. 2. )

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    The department must add a visible smoke test to the motor vehicle inspection program by January 1, 2008, and it may not require new equipment to do so.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 2. Program Requirements [44010 - 44025] ( Article 2 added by Stats. 1982, Ch. 892, Sec. 2. ) ## 44012.1. (a) The department shall incorporate a visible smoke test into the motor vehicle inspection and maintenance program by January 1, 2008. Any visible smoke from the tailpipe or crankcase of a motor vehicle during an inspection constitutes a failure. Steam from condensation by itself shall not lead to an inspection failure. (b) If an owner of a motor vehicle disputes the failure of a visible smoke test, the owner may seek resolution of the dispute from the state-designated referee. (c) The department, in consultation with the state board and interested parties, shall adopt regulations to implement this section. No new equipment shall be required to implement the visible smoke test. (d) If the implementation of the visible smoke test required by subdivision (a) requires modification of the Emission Inspection System software or Vehicle Information Database, that modification shall be performed as part of the ordinary, periodic upgrade to these systems. (Added by Stats. 2006, Ch. 761, Sec. 1. Effective January 1, 2007.)
  127. 44013.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 2. Program Requirements [44010 - 44025] ( Article 2 added by Stats. 1982, Ch. 892, Sec. 2. )

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    The department must create an emissions retrofit device certification program if it finds substantial demand, and it may require installer qualification and charge biennial license fees up to the program’s reasonable administrative cost.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 2. Program Requirements [44010 - 44025] ( Article 2 added by Stats. 1982, Ch. 892, Sec. 2. ) ## 44013.5. (a) If the department, in consultation with the state board, determines that substantial demand for emission retrofit devices exists, the department shall develop a program for the certification of emissions retrofit device installations by licensed installers. The department may require installers of emissions retrofit devices to be qualified pursuant to this chapter. The department may assess biennial license fees upon those installers in an amount not to exceed the reasonable cost of administering the emissions retrofit device certification program. (b) The certification shall be performed at a referee or test-only station and shall be based on a visual inspection of the emissions retrofit device and its installation, and verification of the proper operation of any new or modified components that are a part of the emissions retrofit device, and not on the results of an emissions test. (c) The department shall develop a program for the identification of retrofitted vehicles at smog check stations and for providing information required for the inspection of those systems to smog check stations. (d) This section shall become inoperative pursuant to Section 33 of the act adding this section or, in any case, five years from the date determined pursuant to Section 32 of the act adding this section, and on the January 1 following the date upon which this section becomes inoperative, is repealed. (Amended (as added by Stats. 1994, Ch. 1192) by Stats. 1996, Ch. 1154, Sec. 21. Effective September 30, 1996. Section operative on date prescribed by Stats. 1994, Ch. 1192, Sec. 32. Inoperative, as provided in subd. (d), under conditions in Sec. 33 of Ch. 1192, or five years from prescribed operative date. Repealed on January 1 after inoperative date, by its own provisions.)
  128. 44014.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 2. Program Requirements [44010 - 44025] ( Article 2 added by Stats. 1982, Ch. 892, Sec. 2. )

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    This section sets who may run smog check testing and repair work, who qualifies as a referee or technician, and what the department can regulate.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 2. Program Requirements [44010 - 44025] ( Article 2 added by Stats. 1982, Ch. 892, Sec. 2. ) ## 44014. (a) Except as otherwise provided in this chapter, the testing and repair portion of the program shall be conducted by smog check stations licensed by the department, and by smog check technicians who have qualified pursuant to this chapter. (b) A smog check station may be licensed by the department as a smog check test-only station and, when so licensed, need not comply with the requirement for onsite availability of current service and adjustment procedures specified in paragraph (3) of subdivision (b) of Section 44030. A smog check technician employed by a smog check test-only station shall be qualified in accordance with this section. (c) (1) The department shall supply a network of referees. Except as provided in paragraph (2) of subdivision (b) of Section 44010.5, a referee shall have no ownership interest in, or business or economic interest with, a smog check station. Referees may issue repair cost waivers, certificates of compliance or noncompliance, and hardship extensions, in accordance with regulations adopted by the department, and promote automotive training through community colleges and other training institutions certified by the department pursuant to Section 44030.5. Referees shall provide inspection services for specially constructed vehicles pursuant to Section 44017.4 and issue exhaust system certificates of compliance in accordance with Section 27150.2 of the Vehicle Code. (2) The department may adopt regulations to establish qualification standards and any special administrative, operational, and licensure standards that the department determines to be necessary for the provision of referee services. (3) The department may adopt, by regulation, a process by which vehicles that present prohibitive or unusual inspection circumstances are inspected by referees, including, but not limited to, the inspection of vehicles in which the manufacturer’s physical or operational design presents inspection incompatibilities, vehicles equipped with emission control configurations that do not match United States Environmental Protection Agency or state board certified configurations, including direct import vehicles and vehicles with engine changes, and vehicles equipped with retrofit alternative fuel conversion kits. (4) (A) A referee may charge a fee sufficient to cover the costs of performing inspections of specially constructed vehicles pursuant to Section 44017.4, inspections pursuant to Section 27150.2 of the Vehicle Code, inspections of vehicles subject to paragraph (2) of subdivision (b) of Section 44010.5, and other appropriate categories of referee services as determined by the department. Requirements applicable to the fee, including its amount, shall be established by the department by regulation and the amount may be adjusted to reflect changes in the Consumer Price Index, as published by the United States Bureau of Labor Statistics. The fee may be collected by either a contracted referee or by the department, if the department is providing the referee service. (B) If the fee is imposed and collected by a contracted referee, the contracted referee shall deposit the fees collected from the vehicle owner into a separate trust account that the referee shall account for and manage in accordance with generally accepted accounting practices. (C) If the fee is imposed and collected by the department, the fees shall be deposited into the Vehicle Inspection and Repair Fund. (d) A smog check station may also be licensed as a repair-only station, and if so licensed, may perform repairs to reduce excessive emissions on vehicles which have failed the smog check test. Repair procedures and equipment requirements shall be established by the department. Technicians employed by a smog check repair-only station shall be qualified in accordance with this section. (e) Smog check technicians are qualified to test and repair only those classes and categories of vehicles for which they have passed a qualification test administered by the department. The department shall provide for smog check technicians to be qualified for different categories of motor vehicle inspection based on vehicle classification and model-year. For the purposes of this chapter, “qualified smog check technician” refers to either a smog check repair technician or smog check inspector, or both. (f) The consumer protection-oriented quality assurance portion of the program, including the provision of referee and inspection services pursuant to paragraph (2) of subdivision (b) of Section 44010.5, may be conducted by one or more private entities pursuant to contracts with the department. (Amended by Stats. 2023, Ch. 681, Sec. 16. (AB 1263) Effective January 1, 2024.)
  129. 44014.2.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 2. Program Requirements [44010 - 44025] ( Article 2 added by Stats. 1982, Ch. 892, Sec. 2. )

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    The department must create and regulate a voluntary certification program for licensed smog check stations, and qualifying vehicles may be repaired, retested, and certified at licensed certified stations.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 2. Program Requirements [44010 - 44025] ( Article 2 added by Stats. 1982, Ch. 892, Sec. 2. ) ## 44014.2. (a) The department shall develop a program for the voluntary certification of licensed smog check stations, or the department may accept a smog check station certification program proposed by accredited industry representatives. The department shall establish inspection-based performance standards consistent with Section 44014.6 for stations certified under this program that the stations would be required to meet to be eligible to issue certificates of compliance or noncompliance for vehicles selected pursuant to Sections 44010.5 and 44014.7, or vehicles identified by the department as gross polluters. (b) The department shall adopt regulations that apply to all enhanced areas of the state, including those areas subject to the enhanced program pursuant to Section 44003.5, that permit both of the following: (1) Any vehicle that fails a required smog test at a test facility may be repaired, retested, and certified at a station licensed pursuant to Section 44014, and certified pursuant to subdivision (a). (2) Any vehicle that is identified as a gross polluter may be repaired, retested, and certified at a station licensed pursuant to Section 44014, and certified pursuant to subdivision (a). (c) Smog check stations that seek voluntary certification under this section may enter into an agreement with the department to provide repair services pursuant to Section 44062.1. (d) An agreement made pursuant to this section shall not be deemed to be a contract subject to the requirements of Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code. (Amended by Stats. 2023, Ch. 681, Sec. 17. (AB 1263) Effective January 1, 2024.)
  130. 44014.4.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 2. Program Requirements [44010 - 44025] ( Article 2 added by Stats. 1982, Ch. 892, Sec. 2. )

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    Certified licensed smog check stations may advertise their certification, but uncertified stations may not advertise that they are certified or compliant with the program standards.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 2. Program Requirements [44010 - 44025] ( Article 2 added by Stats. 1982, Ch. 892, Sec. 2. ) ## 44014.4. (a) A licensed smog check station that has been certified pursuant to Section 44014.2 may advertise that fact, and the advertisement may include the scope of work established by the program. (b) It is an unfair business practice and a violation of Section 17500 of the Business and Professions Code for any licensed smog check station that is not so certified to advertise as having obtained certification or as complying with the scope of work, code of ethics, or certification standards established by the certification program. (Added by Stats. 1996, Ch. 1088, Sec. 4. Effective September 30, 1996.)
  131. 44014.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 2. Program Requirements [44010 - 44025] ( Article 2 added by Stats. 1982, Ch. 892, Sec. 2. )

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    This section sets rules for the enhanced smog-check program, including testing and retesting vehicles, limits on repairs at test-only stations, department oversight, fees, hearings, and certificate issuance conditions.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 2. Program Requirements [44010 - 44025] ( Article 2 added by Stats. 1982, Ch. 892, Sec. 2. ) ## 44014.5. (a) The enhanced program shall provide for the testing and retesting of vehicles in accordance with Sections 44010.5 and 44014.2 and this section. (b) The repair of vehicles at test-only stations is prohibited, except that the minor repair of components damaged by station personnel during inspection at the station, any minor repair that is necessary for the safe operation of a vehicle while at a station, or other minor repairs, such as the reconnection of hoses or vacuum lines, may be undertaken at no charge to the vehicle owner or operator if authorized in advance in writing by the department. (c) The department shall make available to consumers a list, compiled by region, of smog check stations licensed to make repairs of vehicular emission control systems. A test-only station shall not refer a vehicle owner to any particular provider of vehicle repair services in which the test-only station has a financial interest. (d) (1) The department shall establish standards for training, equipment, performance, or data collection for smog check stations. (2) (A) The department shall establish inspection-based performance standards consistent with Section 44014.6 that smog check stations would be required to meet to be eligible to issue certificates of compliance or noncompliance for vehicles selected pursuant to Section 44010.5 or 44014.7, or vehicles identified by the department as gross polluters. Failure at any time to meet these standards shall result in suspension of the certification to test these vehicles granted by the department. A test station not meeting the performance standards may continue to issue certificates of compliance and noncompliance for other vehicles. The department shall adopt measures to ensure the requirements of this subparagraph are met, including through the use of the computer database and computer network authorized by Section 44037.1. (B) The department shall provide the test station with written or electronic notice, prior to the suspension pursuant to subparagraph (A). The notice shall specify the grounds for the suspension and provide that the station within five days of receipt of the notice may request a hearing before the chief of the bureau or their designee to contest the suspension. The request for hearing shall be in writing or shall be made electronically. Receipt of this hearing request shall stay the suspension pending the outcome of the hearing. If a request for hearing is not made, the chief of the bureau shall issue a final written decision of suspension within 10 days of the last date that a hearing could have been requested. (C) The hearing conducted by the chief of the bureau or their designee shall be held not later than 10 days from the date that the request for a hearing is received by the chief of the bureau. The hearing requirements of Section 44072 shall not apply. The chief of the bureau shall render a written decision within 10 days of the hearing. The decision may rescind the suspension, affirm the suspension, or order any other appropriate action. Administrative review, before an administrative law judge, of the decision of the chief of the bureau may be sought within 30 days of the date of the decision. (D) The department may adopt regulations to implement this paragraph. (e) The department shall prohibit test-only stations from engaging in other business activities that represent a conflict of interest, as determined by the department. Upon implementation of the performance standards described in paragraph (2) of subdivision (d), ownership of a test-and-repair station by an owner of a test-only station shall not be considered a conflict of interest. (f) A test facility contracted pursuant to paragraph (2) of subdivision (b) of Section 44010.5 may charge an inspection fee, established by the department, sufficient to cover the facility’s cost to perform the tests or services, including, but not limited to, referee services and the issuance of waivers and hardship extensions required by this chapter. In addition, the station shall charge and collect the certificate fee established pursuant to Section 44060. (g) The department shall ensure that there is a sufficient number of test facilities to provide convenient testing for the following vehicles: (1) All vehicles identified and confirmed as gross polluters pursuant to Section 44081 and Section 27156 of the Vehicle Code. (2) (A) Vehicles initially identified as gross polluters by a smog check station licensed as a test-and-repair station may be issued a certificate of compliance by a licensed smog check station certified pursuant to Section 44014.2. (B) For purposes of this section, the department shall implement a program that allows vehicles initially identified as gross polluters to be repaired and issued a certificate of compliance by a facility licensed and certified pursuant to Section 44014.2. (3) All vehicles designated by the department pursuant to Sections 44014.7 and 44020. (4) Vehicles issued an economic hardship extension in the previous biennial inspection of the vehicle. (h) The department shall provide a sufficient number of referees authorized to perform referee functions to provide convenient testing for those vehicles that are required to report to, and receive a certificate of compliance from, a referee by this chapter, including all of the following: (1) All vehicles seeking to utilize state-operated financial assistance or inclusion in authorized scrap programs. (2) All vehicles unable to obtain a certificate of compliance from a licensed smog check station pursuant to subdivision (c) of Section 44015. (3) Any other vehicles that may be designated by the department. (i) Gross polluters shall be referred for a postrepair inspection and retest pursuant to subdivision (g). Passing the emissions test is not a sufficient condition for receiving a certificate of compliance. A certificate of compliance shall only be issued to a vehicle that does not have any defects with its emission control system or any defects that could lead to damage of its emission control system, as provided in regulations adopted by the department. (Amended by Stats. 2023, Ch. 681, Sec. 18. (AB 1263) Effective January 1, 2024.)
  132. 44014.6.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 2. Program Requirements [44010 - 44025] ( Article 2 added by Stats. 1982, Ch. 892, Sec. 2. )

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    The section says the inspection-based performance standards for the certification program must use the same criteria, and they may be applied to licensed smog check technicians if the department finds that feasible.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 2. Program Requirements [44010 - 44025] ( Article 2 added by Stats. 1982, Ch. 892, Sec. 2. ) ## 44014.6. (a) The inspection-based performance standards created for the certification program established pursuant to subdivision (a) of Section 44014.2 and subdivision (d) of Section 44014.5 shall be based on the same criteria. (b) The performance standards described in subdivision (a) shall be applied to smog check technicians licensed pursuant to this chapter, if the department determines that is feasible. (Amended by Stats. 2012, Ch. 728, Sec. 92. (SB 71) Effective January 1, 2013.)
  133. 44014.7.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 2. Program Requirements [44010 - 44025] ( Article 2 added by Stats. 1982, Ch. 892, Sec. 2. )

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    The department must require a small share of vehicles in enhanced program areas, and may require up to a small share in basic program areas, to get their certificate from a licensed smog check station; the vehicles are selected at random.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 2. Program Requirements [44010 - 44025] ( Article 2 added by Stats. 1982, Ch. 892, Sec. 2. ) ## 44014.7. (a) The department shall require 2 percent of the vehicles required to obtain a certificate of compliance each year in enhanced program areas to receive their certificate from a licensed smog check station certified pursuant to Section 44014.2. (b) The department may require a number not to exceed 2 percent of the vehicles required to obtain a certificate of compliance each year in basic program areas to receive their certificate from a licensed smog check station certified pursuant to Section 44014.2. (c) The vehicles specified in subdivisions (a) and (b) shall be selected at random. The department shall select the vehicles and the Department of Motor Vehicles shall notify the owners of their obligation under this section pursuant to Section 4000.3 of the Vehicle Code. Selection shall be made from vehicles in an area where a test station is located. (Amended by Stats. 2023, Ch. 681, Sec. 19. (AB 1263) Effective January 1, 2024.)
  134. 44015.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 2. Program Requirements [44010 - 44025] ( Article 2 added by Stats. 1982, Ch. 892, Sec. 2. )

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    This section limits when smog check stations may issue compliance certificates and requires dealers to arrange inspections and certificates for retail-sale vehicles.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 2. Program Requirements [44010 - 44025] ( Article 2 added by Stats. 1982, Ch. 892, Sec. 2. ) ## 44015. (a) A licensed smog check station shall not issue a certificate of compliance, except as authorized by this chapter, to any vehicle that meets the following criteria: (1) A vehicle that has been tampered with. (2) A vehicle identified pursuant to subparagraph (K) of paragraph (3) of subdivision (b) of Section 44036. A vehicle identified pursuant to subparagraph (K) of paragraph (3) of subdivision (b) of Section 44036 shall be directed to the department to determine whether an inadvertent error can explain the irregularity, or whether the vehicle otherwise meets smog check requirements, allowing the certificate for compliance to be issued, or the vehicle shall be reinspected by a referee or another smog check station. (3) A vehicle that, prior to repairs, has been initially identified by the smog check station as a gross polluter. Certification of a gross polluting vehicle shall be conducted by a designated test-only facility, or a test-and-repair station that is both licensed and certified pursuant to Sections 44014 and 44014.2. (4) A vehicle described in subdivision (c). (b) If a vehicle meets the requirements of Section 44012, a smog check station licensed to issue certificates shall issue a certificate of compliance or a certificate of noncompliance. (c) (1) A repair cost waiver shall be issued, upon request of the vehicle owner, by an entity authorized to perform referee functions for a vehicle that has been properly tested but does not meet the applicable emission standards when it is determined that no adjustment or repair can be made that will reduce emissions from the inspected motor vehicle without exceeding the applicable repair cost limit established under Section 44017 and that every defect specified by paragraph (2) of subdivision (a) of Section 43204, and by paragraphs (2) and (3) of subdivision (a) of Section 43205, has been corrected. A repair cost waiver issued pursuant to this paragraph shall be accepted in lieu of a certificate of compliance for the purposes of compliance with Section 4000.3 of the Vehicle Code. No repair cost waiver shall exceed two years’ duration. No repair cost waiver shall be issued until the vehicle owner has expended an amount equal to the applicable repair cost limit specified in Section 44017. (2) An economic hardship extension shall be issued, upon request of a qualified low-income motor vehicle owner, by an entity authorized to perform referee functions, for a motor vehicle that has been properly tested but does not meet the applicable emission standards when it is determined that no adjustment or repair can be made that will reduce emissions from the inspected motor vehicle without exceeding the applicable repair cost limit, as established pursuant to Section 44017.1, that every defect specified in paragraph (2) of subdivision (a) of Section 43204, and in paragraphs (2) and (3) of subdivision (a) of Section 43205, has been corrected, that the low-income vehicle owner would suffer an economic hardship if the extension is not issued, and that all appropriate emissions-related repairs up to the amount of the applicable repair cost limit in Section 44017.1 have been performed. (d) No repair cost waiver or economic hardship extension shall be issued under any of the following circumstances: (1) If a motor vehicle was issued a repair cost waiver or economic hardship extension in the previous biennial inspection of that vehicle. A repair cost waiver or economic hardship extension may be issued to a motor vehicle owner only once for a particular motor vehicle belonging to that owner. However, a repair cost waiver or economic hardship extension may be issued for a motor vehicle that participated in a previous waiver or extension program prior to January 1, 1998, as determined by the department. For waivers or extensions issued in the program operative on or after January 1, 1998, a waiver or extension may be issued for a motor vehicle only once per owner. (2) Upon initial registration of all of the following: (A) A direct import motor vehicle. (B) A motor vehicle previously registered outside this state. (C) A dismantled motor vehicle pursuant to Section 11519 of the Vehicle Code. (D) A motor vehicle that has had an engine change. (E) An alternate fuel vehicle. (F) A specially constructed vehicle. (e) Except as provided in subdivision (f), a certificate of compliance or noncompliance shall be valid for 90 days. (f) Excluding any vehicle whose transfer of ownership and registration is described in subdivision (d) of Section 4000.1 of the Vehicle Code, and except as otherwise provided in Sections 4000.1, 24007, 24007.5, and 24007.6 of the Vehicle Code, a licensed motor vehicle dealer shall be responsible for having a smog check inspection performed on, and a certificate of compliance or noncompliance issued for, every motor vehicle offered for retail sale. A certificate issued to a licensed motor vehicle dealer shall be valid for a two-year period, or until the vehicle is sold and registered to a retail buyer, whichever occurs first. (g) A test may be made at any time within 90 days prior to the date otherwise required. (Amended by Stats. 2010, Ch. 258, Sec. 8. (AB 2289) Effective January 1, 2011.)
  135. 44015.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 2. Program Requirements [44010 - 44025] ( Article 2 added by Stats. 1982, Ch. 892, Sec. 2. )

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    Certain new motor vehicles and vehicles with new engines cannot receive a certificate of compliance if they are not certified by the state board and are involved in prohibited transactions; other noncertified vehicles in violation of Article 1.5 receive a certificate of noncompliance.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 2. Program Requirements [44010 - 44025] ( Article 2 added by Stats. 1982, Ch. 892, Sec. 2. ) ## 44015.5. (a) A certificate of compliance shall not be issued to any new motor vehicle or motor vehicle with a new motor vehicle engine which is not certified by the state board, and which is the subject of a transaction prohibited by Section 43152 or 43153. (b) With respect to a new motor vehicle or motor vehicle with a new motor vehicle engine not certified by the state board which is in violation of Article 1.5 (commencing with Section 43150) of Chapter 2, but which is not the subject of a transaction prohibited by Section 43152 or 43153, a certificate of noncompliance shall be issued. The certificate of noncompliance shall indicate the basis for nonconformity and the data shall be sent to the state board. (Added by Stats. 1990, Ch. 1433, Sec. 18.)
  136. 44016.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 2. Program Requirements [44010 - 44025] ( Article 2 added by Stats. 1982, Ch. 892, Sec. 2. )

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    The department must set and update repair and maintenance specifications for motor vehicle pollution control work, and licensed repair stations and qualified mechanics must follow those specifications when doing repairs.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 2. Program Requirements [44010 - 44025] ( Article 2 added by Stats. 1982, Ch. 892, Sec. 2. ) ## 44016. The department shall, with the cooperation of the state board and after consultation with the motor vehicle manufacturers and representatives of the service industry, research, establish, and update as necessary, specifications and procedures for motor vehicle maintenance and tuneup procedures and for repair of motor vehicle pollution control devices and systems. Licensed repair stations and qualified mechanics shall perform all repairs in accordance with specifications and procedures so established. (Amended by Stats. 1988, Ch. 1544, Sec. 31.)
  137. 44017.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 2. Program Requirements [44010 - 44025] ( Article 2 added by Stats. 1982, Ch. 892, Sec. 2. )

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    A motor vehicle owner can qualify for a repair cost waiver only after spending at least $450 on repairs, unless a stated exception applies.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 2. Program Requirements [44010 - 44025] ( Article 2 added by Stats. 1982, Ch. 892, Sec. 2. ) ## 44017. (a) Except as otherwise provided in this section or Section 44017.1, a motor vehicle owner shall qualify for a repair cost waiver only after expending at least four hundred fifty dollars ($450) for repairs, including parts and labor. (b) The department shall periodically revise the repair cost limit specified in subdivision (a) in accordance with changes in the Consumer Price Index, as published by the United States Bureau of Labor Statistics. (c) A repair cost limit shall not be imposed in those cases where emissions control equipment is missing or is partially or totally inoperative as a result of being tampered with. (d) (1) A repair cost waiver shall not be issued if a motor vehicle has failed the visible smoke test created by the department pursuant to Section 44012.1, unless paragraph (2) applies, or the vehicle is owned by a low-income person, as defined in Section 44062.1, in which case the repair cost limit applicable pursuant to subdivision (b) of Section 44017.1 applies. (2) By January 1, 2008, the department shall adopt regulations allowing a repair cost waiver, with the repair cost limit specified in subdivision (a), where a motor vehicle has failed the visible smoke test component of a smog check inspection, for individuals under economic hardship but who do not meet the definition of low-income person, as defined in Section 44062.1. The regulations shall make eligible for the waiver those individuals whose household means fall below the level necessary to achieve a modest standard of living without assistance from public programs. The department shall consult authoritative information sources including, but not limited to, the United States Census Bureau, the Department of Finance, and the California Budget Project. (Amended by Stats. 2016, Ch. 86, Sec. 190. (SB 1171) Effective January 1, 2017.)
  138. 44017.1.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 2. Program Requirements [44010 - 44025] ( Article 2 added by Stats. 1982, Ch. 892, Sec. 2. )

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    This section defines a low-income motor vehicle owner and sets a repair cost limit of $250 for certain qualified owners, with possible reduction to no less than $200. It also requires an economic hardship extension to be issued on request if the stated conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 2. Program Requirements [44010 - 44025] ( Article 2 added by Stats. 1982, Ch. 892, Sec. 2. ) ## 44017.1. (a) For purposes of this section, “low-income motor vehicle owner” means a person whose income does not exceed 185 percent of the federal poverty level. (b) Notwithstanding subdivision (a) of Section 44017, for low-income motor vehicle owners qualified under Section 44062.1, the repair cost limit, including parts and labor, shall be two hundred fifty dollars ($250) in all areas where the program operates. However, the department may decrease that amount, to not more than two hundred dollars ($200), if the department determines that participation rates are unsatisfactory. (c) Until such time as a repair assistance program becomes effective pursuant to Section 44062.1, an economic hardship extension shall be issued upon request to a qualified low-income motor vehicle owner whose motor vehicle has been tested but does not meet applicable emissions standards and the necessary repairs exceed the repair cost limit specified in subdivision (b). (Amended by Stats. 1999, Ch. 67, Sec. 14. Effective July 6, 1999.)
  139. 44017.3.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 2. Program Requirements [44010 - 44025] ( Article 2 added by Stats. 1982, Ch. 892, Sec. 2. )

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    The department must give licensed smog check stations a customer notice sign, and stations must display it conspicuously.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 2. Program Requirements [44010 - 44025] ( Article 2 added by Stats. 1982, Ch. 892, Sec. 2. ) ## 44017.3. (a) The department shall provide a licensed smog check station with a sign informing customers about options when their vehicle fails a biennial smog check inspection, including, but not limited to, the option for qualified consumers to retire vehicles, receive repair assistance, or obtain repair cost waivers. The sign shall include the department’s means of contact, including, but not limited to, its telephone number and Internet Web site. This sign shall be posted conspicuously in an area frequented by customers. The sign shall be required in all licensed smog check stations. (b) In stations where licensed smog check technician repairs are not performed, the station shall have posted conspicuously in an area frequented by customers a statement that repair technicians are not available and repairs are not performed. (Amended by Stats. 2009, Ch. 307, Sec. 101. (SB 821) Effective January 1, 2010.)
  140. 44017.4.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 2. Program Requirements [44010 - 44025] ( Article 2 added by Stats. 1982, Ch. 892, Sec. 2. )

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    Specially constructed passenger vehicles and pickup trucks must be inspected when registered, with the owner allowed to choose the model-year basis used for the inspection.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 2. Program Requirements [44010 - 44025] ( Article 2 added by Stats. 1982, Ch. 892, Sec. 2. ) ## 44017.4. (a) Upon registration with the Department of Motor Vehicles, a passenger vehicle or pickup truck that is a specially constructed vehicle, as defined in Section 580 of the Vehicle Code, shall be inspected by stations authorized to perform referee functions. This inspection shall be for the purposes of determining the engine model-year used in the vehicle or the vehicle model-year, and the emission control system application. The owner shall have the option to choose whether the inspection is based on the engine model-year used in the vehicle or the vehicle model-year. (1) In determining the engine model-year, the referee shall compare the engine to engines of the era that the engine most closely resembles. The referee shall assign the 1960 model-year to the engine in any specially constructed vehicle that does not sufficiently resemble a previously manufactured engine. The referee shall require only those emission control systems that are applicable to the established engine model-year and that the engine reasonably accommodates in its present form. (2) In determining the vehicle model-year, the referee shall compare the vehicle to vehicles of the era that the vehicle most closely resembles. The referee shall assign the 1960 model-year to any specially constructed vehicle that does not sufficiently resemble a previously manufactured vehicle. The referee shall require only those emission control systems that are applicable to the established model-year and that the vehicle reasonably accommodates in its present form. (b) Upon the completion of the inspection, the referee shall affix a tamper-resistant label to the vehicle and issue a certificate that establishes the engine model-year or the vehicle model-year, and the emission control system application. (c) The Department of Motor Vehicles shall annually provide a registration to no more than the first 500 vehicles that meet the criteria described in subdivision (a) that are presented to that department for registration pursuant to this section. The 500-vehicle annual limitation does not apply to the renewal of registration of a vehicle registered pursuant to this section. (Amended by Stats. 2002, Ch. 693, Sec. 1. Effective January 1, 2003.)
  141. 44017.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 2. Program Requirements [44010 - 44025] ( Article 2 added by Stats. 1982, Ch. 892, Sec. 2. )

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    The bureau must implement an alternative workday schedule at referee stations, where appropriate, using Saturday hours in place of another weekday.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 2. Program Requirements [44010 - 44025] ( Article 2 added by Stats. 1982, Ch. 892, Sec. 2. ) ## 44017.5. At the earliest possible date, as determined by the bureau, the bureau shall implement at the referee stations, where appropriate, an alternative workday schedule which substitutes Saturday working hours in lieu of another day during the Monday through Friday workweek, in order to provide for increased availability of referee station services. (Amended by Stats. 1995, Ch. 91, Sec. 91. Effective January 1, 1996.)
  142. 44018.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 2. Program Requirements [44010 - 44025] ( Article 2 added by Stats. 1982, Ch. 892, Sec. 2. )

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    The motor vehicle inspection program may add advisory safety equipment maintenance checks and fuel efficiency checks if the department finds the checks are cost-effective and would not raise inspection costs by more than 10%.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 2. Program Requirements [44010 - 44025] ( Article 2 added by Stats. 1982, Ch. 892, Sec. 2. ) ## 44018. (a) The motor vehicle inspection program may include advisory safety equipment maintenance checks, fuel efficiency checks, or both, on the motor vehicle if the department finds that cost-effective methods for conducting those checks exist and that the cost of the inspection to the vehicle owner due to the additional checks would not be increased by more than 10 percent. The department shall specify the equipment to be checked and the procedures for conducting those checks. (b) Notwithstanding subdivision (a), a motor vehicle sold at retail by a lessor-dealer licensed pursuant to Chapter 3.5 (commencing with Section 11600), or a dealer licensed pursuant to Chapter 4 (commencing with Section 11700), of Division 5 of the Vehicle Code shall not be subject to an advisory safety equipment maintenance check pursuant to this section. (Amended by Stats. 1985, Ch. 230, Sec. 1.)
  143. 44019.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 2. Program Requirements [44010 - 44025] ( Article 2 added by Stats. 1982, Ch. 892, Sec. 2. )

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    Public agencies that own or operate certain exempt vehicles must get compliance certificates at the same frequency as renewed registration vehicles, keep and show the certificates, and report counts yearly to the department.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 2. Program Requirements [44010 - 44025] ( Article 2 added by Stats. 1982, Ch. 892, Sec. 2. ) ## 44019. (a) Every public agency, including, but not limited to, a publicly owned public utility, owning or operating any motor vehicle that is exempt from annual renewal of registration, and is otherwise subject to this chapter, shall obtain for the vehicle a certificate of compliance with the same frequency as is required for vehicles subject to renewal of registration. The cost limitations specified in Section 44017 do not apply to any vehicle owned or operated by a public agency. (b) Certificates of compliance required by subdivision (a) shall be issued if the vehicle meets the requirements of Section 44012 using a test analyzer system meeting the requirements of the department. Any certificate so issued shall be indexed by vehicle license plate number or vehicle identification number and retained by the public agency for not less than three years, and shall be available for inspection by the department. (c) Every public agency subject to subdivision (a) shall annually report to the department the number of certificates issued, the number of motor vehicles owned, and the schedule under which the motor vehicles were issued certificates of compliance. (d) The department may accept proof of compliance with this section other than by a certificate of compliance. (Amended by Stats. 1989, Ch. 1154, Sec. 10.)
  144. 44020.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 2. Program Requirements [44010 - 44025] ( Article 2 added by Stats. 1982, Ch. 892, Sec. 2. )

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    The department may license certain fleet owners to run their own testing and repair program, but only if listed conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 2. Program Requirements [44010 - 44025] ( Article 2 added by Stats. 1982, Ch. 892, Sec. 2. ) ## 44020. Notwithstanding any other provision of this chapter, the department may license any registered owner of a fleet of 10 or more motor vehicles subject to this chapter, who so elects, to implement and conduct the tests and to perform necessary service and adjustment on the fleet’s vehicles under this chapter, subject to all of the following conditions: (a) The registered owner’s facilities or personnel, or both, or a designated contractor of the registered owner, shall be licensed by the department as a fleet smog check station, and the test and repair system shall conform, in the department’s determination, with all provisions of this chapter and all rules and regulations adopted by the department. The regulations shall provide for adequate onsite inspection by the department. Mobile testing equipment certified by the department may be used in accordance with procedures established by the department. The department may prohibit the use of mobile testing equipment if violations occur. (b) A license issued under this section is subject to Sections 44035, 44050, and 44072.10, and may be suspended or revoked by the department whenever the department determines, on the basis of random periodic spot checks of the owner’s inspection system and fleet vehicles, that the system fails to conform or that certificates of compliance have been issued by the owner in violation of regulations adopted by the department. Any person licensed to conduct tests and service and adjustments under this section is deemed to have consented to provide the department with whatever access, information, and other cooperation the department reasonably determines are necessary to facilitate the random periodic spot checks. (c) The department or its contractor, on a random periodic basis, shall inspect or observe the inspections performed by licensed fleet smog check stations on not less than 2 percent of the total business fleet vehicles subject to this chapter. (d) A fleet owner licensed to conduct tests or make repairs pursuant to this chapter shall issue certificates of compliance for motor vehicles. The cost limits in Section 44017 and the economic hardship extension provisions in this chapter shall not apply to any motor vehicle owned by a fleet owner licensed pursuant to this section. (e) Notwithstanding subdivision (d), certificates of compliance or noncompliance prepared solely for the disposal or sale of motor vehicles owned by a fleet owner licensed pursuant to this section shall be subject to the cost limits in Section 44017. (f) The department shall establish initial and renewal license fees, which shall not exceed the reasonable costs of administering this section. (g) Notwithstanding any other provision of this section, fleets consisting of vehicles for hire or vehicles which accumulate high mileage, as defined by the department, shall go to a test-only station when a smog check certificate of compliance is required. Initially, high mileage vehicles shall be defined as vehicles which accumulate 50,000 miles or more each year. In addition, fleets which do not operate high mileage vehicles may be required to obtain certificates of compliance from the test-only station if they fail to comply with this chapter. (h) Notwithstanding any other provision of this chapter, the department shall have the authority, by regulation, to require testing of vehicle fleets consistent with regulations adopted by the Environmental Protection Agency, if necessary to meet the emission reduction performance standard established by the agency, as determined by the department. (Amended by Stats. 1995, Ch. 982, Sec. 8. Effective October 16, 1995.)
  145. 44024.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 2. Program Requirements [44010 - 44025] ( Article 2 added by Stats. 1982, Ch. 892, Sec. 2. )

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    The department must investigate new vehicle-emissions technologies with the state board, and it may make program changes if they are cost-effective and convenient for vehicle owners.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 2. Program Requirements [44010 - 44025] ( Article 2 added by Stats. 1982, Ch. 892, Sec. 2. ) ## 44024. (a) The department, in cooperation with the state board, shall investigate new technologies, including the role of onboard diagnostic systems in vehicles, as a means both for detecting excess emissions and defective emission control equipment, and for assisting in determining what repairs would be effective. (b) To incorporate new technologies into the program, the department may institute the following changes if the department determines that the changes will be cost-effective and convenient to vehicle owners: (1) The schedule for testing and certifying vehicles. (2) The location and method for complying with the test requirements otherwise applicable under this chapter. (3) The equipment requirements and repair procedures, including the imposition of new or revised diagnostic procedures, to be used at licensed smog check stations. (4) The training, skill, and licensing requirements for smog check technicians. (5) The applicable test procedures and emission standards, as applied at smog check stations, and during roadside inspection. (Amended by Stats. 2012, Ch. 728, Sec. 93. (SB 71) Effective January 1, 2013.)
  146. 44024.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 2. Program Requirements [44010 - 44025] ( Article 2 added by Stats. 1982, Ch. 892, Sec. 2. )

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    The department must collect and maintain motor vehicle inspection data, analyze it with the state board, and report results to the public every two years. It may also run a pilot program and, with conditions, exempt some vehicles from biennial certification.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 2. Program Requirements [44010 - 44025] ( Article 2 added by Stats. 1982, Ch. 892, Sec. 2. ) ## 44024.5. (a) The department shall compile and maintain statistical and emissions profiles and data from motor vehicles that are subject to the motor vehicle inspection program. The department may use data from any source, including remote sensing data, in use data, and other motor vehicle inspection program data, to develop and confirm the validity of the profiles, to evaluate the program, and to assess the performance of smog check stations. The department shall undertake these requirements directly or seek a qualified vendor for these services. (b) The department, in cooperation with the state board, shall perform analyses of data collected pursuant to subdivision (a) and report the results to the public biennially beginning no later than July 1, 2011. The report shall include, at a minimum, all of the following: (1) An independent validation of the evaluation methods, findings, and conclusions presented in the report. (2) The percentage of vehicles that initially passed a smog check inspection and then failed a subsequent inspection as indicated by the data collected pursuant to subdivision (a). (3) The percentage of vehicles that initially failed a smog check inspection and then failed a subsequent inspection as indicated by the data collected pursuant to subdivision (a). (4) An estimate of excessive emissions resulting from vehicles identified in paragraphs (2) and (3). (5) A best-efforts explanation regarding the reasons vehicles identified in paragraphs (2) and (3) inappropriately failed or passed an inspection. (6) Recommended changes to the smog check program to reduce to a minimum the excess emissions identified in paragraph (4). In developing the recommended changes, the department and the state board shall undertake a thorough evaluation of the best practices of other state smog check inspection programs, and shall include in the recommendations how these other state best practices can be incorporated into California’s program. Program recommendations pertaining to contracting with one or more entities to manage smog check stations shall not be implemented unless the Legislature, by statute, authorizes that contracting. (7) A comparison to the findings of the report “Evaluation of the California Smog Check Program Using Random Roadside Data” dated March 12, 2009. (c) The department and the state board, in consultation with the Inspection and Maintenance Review Committee, may determine that, in addition to the vehicles excepted pursuant to Section 44011, certain other motor vehicles may be excepted from the biennial certification requirements of this chapter without significantly compromising the emission reduction objectives set forth in the State Implementation Plan (SIP). (d) The department may conduct a pilot program to except from the biennial certification requirement those vehicles that may be jointly determined by the department and the state board, after consultation with the Inspection and Maintenance Review Committee, to warrant exception. The department shall provide written notification to the Legislature specifying the number of vehicles to be exempted as well as the geographic location and duration of the pilot program not less than 30 days prior to the implementation of the pilot program. The department shall submit the results of the pilot program to the state board and the Inspection and Maintenance Review Committee for review. Subject to the approval of the United States Environmental Protection Agency as an amendment to the SIP, the department may establish the exception program as a permanent program. (e) For vehicles four model years old or less, the department shall use test data generated pursuant to Section 44014.7 to develop statistical and emissions profiles. The department may use data from any source, including remote sensing data, warranty repair and recall data, and other motor vehicle inspection program data, to develop and confirm the validity of the data. If the department and state board jointly determine that the emissions from a class of motor vehicles would potentially compromise the emission reduction objectives set forth in the SIP, the state board shall consider appropriate corrective action, including, but not limited to, recall pursuant to Section 43105. (Amended by Stats. 2023, Ch. 681, Sec. 20. (AB 1263) Effective January 1, 2024.)
  147. 44025.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 2. Program Requirements [44010 - 44025] ( Article 2 added by Stats. 1982, Ch. 892, Sec. 2. )

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    The department must act as a clearinghouse to provide access to vendors that have service information from vehicle manufacturers.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 2. Program Requirements [44010 - 44025] ( Article 2 added by Stats. 1982, Ch. 892, Sec. 2. ) ## 44025. The department shall act as a clearinghouse to provide access to the vendors who possess service information generated by the vehicle manufacturers. (Added by Stats. 1994, Ch. 27, Sec. 26. Effective March 30, 1994.)
  148. 44030.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 3. Quality Assurance [44030 - 44045.6] ( Article 3 added by Stats. 1982, Ch. 892, Sec. 2. )

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    The department must develop licensing standards for smog check stations, and tests, service, and adjustment at those stations must be done by a qualified smog check mechanic.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 3. Quality Assurance [44030 - 44045.6] ( Article 3 added by Stats. 1982, Ch. 892, Sec. 2. ) ## 44030. (a) The department shall develop standards for the licensing of smog check stations. Tests, service, and adjustment at smog check stations shall be performed by a qualified smog check mechanic. (b) The licensing standards for smog check stations may include, but are not limited to, requirements for all of the following: (1) Use of computerized and tamper-resistant testing equipment, including, but not limited to, test analyzer systems meeting the current requirements of the department. (2) Annual license renewal. (3) Onsite availability of current emission control system information and service and adjustment procedures. (Repealed and added by Stats. 1988, Ch. 1544, Sec. 37.)
  149. 44030.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 3. Quality Assurance [44030 - 44045.6] ( Article 3 added by Stats. 1982, Ch. 892, Sec. 2. )

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    The department must set standards for certifying institutions and instructors that train smog check mechanics.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 3. Quality Assurance [44030 - 44045.6] ( Article 3 added by Stats. 1982, Ch. 892, Sec. 2. ) ## 44030.5. The department shall develop standards for certification of institutions and instructors for purposes of providing training of smog check mechanics. The standards shall include criteria for applications, manuals, textbooks, laboratory equipment, laboratory exercises, hands-on work, examinations, and other matters the department determines necessary for a certified course of instruction. The standards shall also specify the conditions under which an institution or instructor may be decertified, and under which a decertified institution or instructor may regain certification. (Amended by Stats. 1988, Ch. 1544, Sec. 38.)
  150. 44031.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 3. Quality Assurance [44030 - 44045.6] ( Article 3 added by Stats. 1982, Ch. 892, Sec. 2. )

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    Smog check technicians generally may not perform covered tests or repairs for pay unless they are qualified by the department for the vehicle class and category.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 3. Quality Assurance [44030 - 44045.6] ( Article 3 added by Stats. 1982, Ch. 892, Sec. 2. ) ## 44031.5. (a) No smog check technician may perform tests or make repairs required by this chapter, for compensation, unless qualified by the department for the class and category of vehicle being tested or repaired. To qualify, smog check technicians shall pass a qualification test administered by the department, in addition to meeting prerequisite minimum experience and training criteria established by the department, pursuant to Section 44045.5. Passage of the qualification test shall, and training may, also be required upon each biennial renewal of the smog check technician’s license. (b) The department shall prescribe training and periodic retraining courses for licensed smog check technicians pursuant to Section 44045.6. (c) Whenever the department determines, through investigation, that a previously qualified smog check technician may lack the skills to reliably and accurately perform the test or repair functions within the required qualification, the department may prescribe for the technician one or more retraining courses which have been certified by the department. The smog check technician may request and be granted a hearing, pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, on the department’s determination. The request for a hearing shall be submitted within 30 days of the department’s notification of its determination. A failure to complete the prescribed retraining course within the time designated by the department, or to request a hearing within 30 days of the department’s notification of its determination, shall result in loss of qualification. Upon a later completion of the prescribed department certified retraining course, the department may reinstate the smog check technician’s qualification. (d) Smog check technicians shall have the option to do hands-on work in lieu of written work in order to successfully complete the department certified training and retraining courses or may complete comparable military training as documented by submission of Verification of Military Experience and Training (V-MET) records in lieu of meeting any other training-related requirements of this section. (e) The institution administering the department certified training or retraining courses shall issue a certificate of completion to each person who successfully completes the certified courses. The certificate shall be valid for two years. (f) The department may, by regulation, establish procedures relating to the issuance and use of photo identification cards for licensed technicians. (Amended by Stats. 2002, Ch. 405, Sec. 70. Effective January 1, 2003.)
  151. 44032.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 3. Quality Assurance [44030 - 44045.6] ( Article 3 added by Stats. 1982, Ch. 892, Sec. 2. )

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    People may not, for compensation, test or repair vehicle emission control devices or systems unless they are qualified smog check technicians and the work is done at a licensed smog check station.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 3. Quality Assurance [44030 - 44045.6] ( Article 3 added by Stats. 1982, Ch. 892, Sec. 2. ) ## 44032. No person shall perform, for compensation, tests or repairs of emission control devices or systems of motor vehicles required by this chapter unless the person performing the test or repair is a qualified smog check technician and the test or repair is performed at a licensed smog check station. Qualified smog check technicians shall perform tests of emission control devices and systems in accordance with Section 44012. (Amended by Stats. 2023, Ch. 681, Sec. 21. (AB 1263) Effective January 1, 2024.)
  152. 44033.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 3. Quality Assurance [44030 - 44045.6] ( Article 3 added by Stats. 1982, Ch. 892, Sec. 2. )

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    Smog check stations and related facilities have signage, disclosure, and billing-display requirements, and they cannot force repairs to be done by the testing station as a condition of testing.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 3. Quality Assurance [44030 - 44045.6] ( Article 3 added by Stats. 1982, Ch. 892, Sec. 2. ) ## 44033. (a) (1) Any facility meeting the requirements established by the department pursuant to this chapter may be licensed as a test-only, test and repair, or repair-only smog check station. A licensed smog check station shall display an identifying sign prescribed by the department in a manner conspicuous to the public. (2) A licensed smog check station certified pursuant to Section 44014.2 shall display an identifying sign prescribed by the department. (b) No licensed or certified smog check station shall require, as a condition of performing the test, that any needed repairs or adjustment be done by the person, or at the facility of the person, performing the test. (c) If a motor vehicle, including a commercial vehicle, is tested at a facility licensed to perform tests and repairs pursuant to this chapter, the facility shall provide the customer with a written estimate pursuant to Section 9884.9 of the Business and Professions Code. The written estimate shall contain a notice to the customer stating that the customer may choose another smog check station to perform needed repairs, installations, adjustments, or subsequent tests. (d) Charges for testing or repair, or both, shall be separately stated. (e) The department shall require the posting of station licenses and qualified technicians’ certificates prominently in each place of business so as to be readily visible to the public. (Amended by Stats. 1996, Ch. 1088, Sec. 9. Effective September 30, 1996.)
  153. 44034.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 3. Quality Assurance [44030 - 44045.6] ( Article 3 added by Stats. 1982, Ch. 892, Sec. 2. )

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    The department must impose annual fees for smog check stations and biennial fees for smog check technicians, and the fees cannot exceed the reasonable cost of running the qualifications and licensing program.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 3. Quality Assurance [44030 - 44045.6] ( Article 3 added by Stats. 1982, Ch. 892, Sec. 2. ) ## 44034. Annual license fees for smog check stations and biennial license fees for smog check technicians shall be imposed by the department, but shall not exceed the reasonable cost of administering the qualifications and licensing program. (Amended by Stats. 1994, Ch. 27, Sec. 31. Effective March 30, 1994.)
  154. 44034.1.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 3. Quality Assurance [44030 - 44045.6] ( Article 3 added by Stats. 1982, Ch. 892, Sec. 2. )

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    The department may charge an examination fee for initial and biennial renewal smog check technician applicants, and payment of the fee allows the applicant to be scheduled for an examination.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 3. Quality Assurance [44030 - 44045.6] ( Article 3 added by Stats. 1982, Ch. 892, Sec. 2. ) ## 44034.1. The department may impose an examination fee, sufficient to recover the reasonable cost of administering, developing, and updating the examination, for initial and biennial renewal smog check technician applicants. Payment of the fee entitles the applicant to be scheduled for an examination. The department may contract for collection of the fee. (Amended by Stats. 1994, Ch. 27, Sec. 32. Effective March 30, 1994.)
  155. 44035.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 3. Quality Assurance [44030 - 44045.6] ( Article 3 added by Stats. 1982, Ch. 892, Sec. 2. )

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    The department may suspend or revoke a smog check station license or technician qualification after a hearing, and stations must let the department inspect specified records and equipment.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 3. Quality Assurance [44030 - 44045.6] ( Article 3 added by Stats. 1982, Ch. 892, Sec. 2. ) ## 44035. (a) A smog check station’s license or a qualified smog check technician’s qualification may be suspended or revoked by the department, after a hearing, for failure to meet or maintain the standards prescribed for qualification, equipment, performance, or conduct. The department shall adopt rules and regulations governing the suspension, revocation, and reinstatement of licenses and qualifications and the conduct of the hearings. (b) The department or its representatives, including quality assurance inspectors, shall be provided access to licensed stations for the purpose of examining property, station equipment, repair orders, emissions equipment maintenance records, and any emission inspection items, as defined by the department. (Amended by Stats. 1994, Ch. 27, Sec. 33. Effective March 30, 1994.)
  156. 44036.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 3. Quality Assurance [44030 - 44045.6] ( Article 3 added by Stats. 1982, Ch. 892, Sec. 2. )

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    This section sets quality-assurance rules for the motor vehicle inspection program, including certified equipment use, department standards, fees, update deadlines, and enforcement against manufacturers.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 3. Quality Assurance [44030 - 44045.6] ( Article 3 added by Stats. 1982, Ch. 892, Sec. 2. ) ## 44036. (a) The consumer protection-oriented quality assurance portion of the motor vehicle inspection program shall ensure uniform and consistent tests and repairs by all qualified smog check technicians and licensed smog check stations throughout the state, and shall include a number of stations providing referee functions available to consumers. (b) (1) All licensed smog check stations shall utilize original equipment and replacement parts that are certified by the department. The department may enter into a contract for the supply or service of certified equipment with the manufacturers and service providers of this equipment. The department shall afford to the smog check station the option to purchase the equipment or service directly from the contractor or any other provider of certified equipment or service, as determined by the department. A contract executed pursuant to this paragraph may authorize compensation to the contractor as provided in subdivision (c) of Section 44037.2. (2) The department shall charge a fee for certification testing of the equipment or the replacement parts. The fee for certification testing of equipment shall be fixed by the department based upon its actual costs of certification testing, shall be calculated from the time that the equipment is submitted for certification testing until the time that the certification testing is complete, and shall not exceed ten thousand dollars ($10,000). The fee for certification testing of replacement parts shall be determined by the department based upon its actual costs of certification testing, shall be calculated from the time that the replacement part is submitted for certification testing until the time that the certification testing is complete, and shall not exceed two thousand five hundred dollars ($2,500). (3) The department shall adopt, and may revise, standards for certification and decertification of the equipment, that may include a device for testing of emissions of oxides of nitrogen. The department shall adopt, and update as necessary, equipment standards that may include a test analyzer system containing any or all of the following components: (A) A microprocessor to control test sequencing, selection of proper test standards, the automatic pass or fail decision, and the format for the test report and the recorded data file. The microprocessor shall be capable of using a standardized programming language specified by the department. (B) An exhaust gas analysis portion with an analyzer for hydrocarbons, carbon monoxide, and carbon dioxide that is designed to accommodate an optional oxides of nitrogen analyzer. An oxides of nitrogen analyzer shall be required in the enhanced program areas. (C) Equipment necessary to perform visual and functional tests of emission control devices required by the department. (D) A device to accept and record motor vehicle identification information, including a device capable of reading barcode information pursuant to regulations of the state board. The device shall have the ability to identify, with the cooperation of the Department of Motor Vehicles, smog inspections performed on vehicles sold by used car dealers. (E) A device to provide a printed record of the test process and diagnostic information for the motorist. (F) A mass storage device capable of storing not less than the minimum amount of program software and data specified by the department. (G) A device to provide for the periodic modification of all program and data files contained on the mass storage device, using a standardized form of removable media conforming to specifications of the department. (H) A device that provides for the storage of test records on a standardized form of removable media conforming to specifications of the department. (I) One or more communications ports conforming to the specifications established by the department as necessary to provide real time communication, or communication that is consistent with maintaining a superior quality assurance program and efficient information transfer, between the test equipment and the centralized computer database through the computer network maintained by the department pursuant to Section 44037.1. (J) An interface capable of monitoring equipment used with loaded mode testing, idle testing, onboard diagnostic testing, or other tests prescribed by the department. (K) A real-time computer data program that would prevent a certificate of compliance from being issued if a vehicle is identified as having an excessive variance from computer data for that vehicle, mismatched information, or other irregularities. (L) Any other features that the department determines are necessary to increase the effectiveness of the program, including, but not limited to, a loaded mode dynamometer for purposes of oxides of nitrogen detection, and other equipment necessary to detect nonexhaust-related volatile organic compound emissions, such as those found in fuel system evaporative emissions and crankcase ventilation emissions. (c) (1) The department shall not require smog check stations to use equipment that meets revised standards for certification and decertification of equipment pursuant to subdivision (b) earlier than January 1, 2013. (2) If existing smog check stations licensed pursuant to this chapter or training institutions certified pursuant to Section 44030.5 are required to make investments of more than ten thousand dollars ($10,000) to acquire equipment to meet the requirements of this subdivision, the department shall submit recommendations to the Governor and the Legislature for any appropriate mitigation measures, including, but not limited to, subsidies, equipment leases, grants, or loans. (3) The department may defer the requirement for any equipment, external to the chassis of the test analyzer system, needed to read barcode information, until a substantial portion of the vehicles subject to this chapter are equipped with barcode labels. (4) Prior to the imposition of a requirement for equipment meeting the requirements of subdivision (b), every smog check station shall use equipment meeting the specifications of the department in effect on January 1, 1996. (d) The quality assurance portion shall provide for inspections of licensed smog check stations, data collection and forwarding, equipment accuracy checks, operation of referee stations, and other necessary functions. If the services are contracted for pursuant to subdivision (e) of Section 44014, the department shall prepare detailed specifications and solicit bids from private entities for the implementation of the quality assurance functions. (e) The department may revise the specifications for equipment annually if the cost thereof is less than 20 percent of the total system cost. A more comprehensive revision to the specifications may be required not more often than every five years. (f) (1) Equipment manufacturers shall furnish to the department, and shall install, software and hardware updates as specified by the department. The department shall allow equipment manufacturers six months, from the date the department issues its proposed specifications for periodic software and hardware updates, to obtain department approval that the updates meet the proposed specifications and to install the updates in all equipment subject to the updates. During the first 30 days of the six-month period, the manufacturers shall be permitted to review and to comment upon the proposed specifications. However, notwithstanding any other provision of this section, the department may order manufacturers to install software and hardware changes in a shorter period of time upon a finding by the department that a previously installed update does not meet current specifications. (2) The department may establish hardware specifications, performance standards, and operational requirements for the certification and continuing certification of the equipment specified in subdivision (b). (3) A manufacturer’s failure to furnish or install required software updates or to meet the specifications, standards, or requirements established pursuant to paragraph (2), is cause for the department to decertify the manufacturer’s test analyzer system or to issue a citation to the manufacturer. The citation shall specify the nature of the violation and may specify a civil penalty not to exceed one thousand dollars ($1,000) for each day the manufacturer fails to furnish or install the specified software updates by the specified period. In assessing a civil penalty pursuant to this paragraph, the department shall give due consideration, in determining the appropriateness of the amount of the civil penalty, to factors such as the gravity of the violation, the good faith of the manufacturer, and the history of previous violations. (4) The citations shall be served pursuant to subdivision (c) of Section 11505 of the Government Code. The manufacturer may request a hearing in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. A request for a hearing shall be submitted in writing within 30 days of service of the citation, and shall be delivered to the office of the department in Sacramento. Hearings and related procedures under this paragraph shall be conducted in the same manner as proceedings for adjudication of an accusation under that Chapter 5, except as otherwise specified in this article. (5) If within 30 days from the date of service of the citation, the manufacturer fails to request a hearing, the citation shall be deemed the final order of the department. (6) Any failure to comply with the final order of the department for payment of a civil penalty, or to pay the amount specified in any settlement executed by the licensee and the Director of Consumer Affairs, is cause for decertification of the manufacturer’s test analyzer system. (Amended by Stats. 2010, Ch. 258, Sec. 10. (AB 2289) Effective January 1, 2011.)
  157. 44036.1.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 3. Quality Assurance [44030 - 44045.6] ( Article 3 added by Stats. 1982, Ch. 892, Sec. 2. )

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    The department may require equipment manufacturers seeking certification under Section 44036 to provide financial security, such as insurance and secured funds.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 3. Quality Assurance [44030 - 44045.6] ( Article 3 added by Stats. 1982, Ch. 892, Sec. 2. ) ## 44036.1. The department may require that equipment manufacturers, submitting equipment for certification pursuant to Section 44036, submit proof of financial security, including, but not limited to, insurance sufficient to cover product liability claims, and secured funds for prepaid warranty or service contracts. (Added by Stats. 1994, Ch. 27, Sec. 35. Effective March 30, 1994.)
  158. 44036.2.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 3. Quality Assurance [44030 - 44045.6] ( Article 3 added by Stats. 1982, Ch. 892, Sec. 2. )

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    Motor vehicle manufacturers must provide emissions-related service information needed for inspection, testing, and repair, and the state board and department have related oversight duties.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 3. Quality Assurance [44030 - 44045.6] ( Article 3 added by Stats. 1982, Ch. 892, Sec. 2. ) ## 44036.2. (a) To ensure uniform and consistent inspection, tests, and repairs by all qualified smog check technicians and licensed smog check stations, and to ensure consumer protection, manufacturers of motor vehicles shall provide, or cause to be provided, all emission control system service information that is necessary to properly inspect, test and repair those vehicles. Unless otherwise provided, that information shall be required for all 1980 and newer model-year vehicles and shall consist of all of the following: (1) General specifications showing the make, model, and classification of the vehicle. (2) The identification, location, and description of all emission control equipment on the vehicle. (3) The manufacturer’s recommended visual and functional inspection procedures for each emissions-related component. (4) Air injection and evaporative emission purge strategies. (5) All vehicle manufacturer-specific data stream information, excluding bidirectional control information and reprogramming information unless required by state or federal statute or regulation. (b) Beginning with the 1998 model year, all emissions-related information required by this section, including diagnostic, service, and training information supplied by vehicle manufacturers to any franchised dealer, shall be provided in an electronic format that is readily accessible, or that can be made readily accessible, to private diagnostic assistance service information vendors or intermediaries, if that information is provided or made available in this format by manufacturers to dealers. In determining the allowable format, the state board shall ensure compatibility with any service information format requirements specified by the Environmental Protection Agency. (c) (1) The state board shall require motor vehicle manufacturers to provide the service information necessary to comply with this section as a condition of certification. (2) Should the manufacturer fail to provide the service information necessary to comply with subdivision (a) for any vehicle within an engine family within one year of its retail introduction, the state board may withhold certification for all engine families for subsequent model years, until such time as the manufacturer provides the necessary service information. (3) The department shall periodically conduct surveys to determine whether the service information and tool requirements imposed by federal and state law are being fulfilled by actual field availability of the information and tools. (d) The manufacturer shall make accessible, through the vehicle’s standard data link, the version number or part number of the vehicle’s current computer memory program to allow smog check technicians to determine if the manufacturer’s most up-to-date program is installed in the vehicle’s computer. This requirement shall apply to all vehicles with reprogrammable computer memory in the vehicle’s computer beginning with the 1999 model year. Until the manufacturer provides an electronic computer program identifier system, the manufacturer shall use a mechanical identification system to identify the computer’s current program. (e) (1) Those manufacturers that do not use reprogrammable technology for the vehicle’s computer shall use either a mechanical or electronic identification system to identify the current program of the vehicle’s computer. (2) The manufacturer shall also provide or cause to be provided an engine family reprogramming cross-reference to aid smog check technicians in determining the proper computer memory program for that engine. The cross-reference shall either be published by the manufacturer or made available to private diagnostic service information vendors or intermediaries for compilation and distribution. (f) (1) The information required to be provided under this section shall be limited to only that information which is made available by manufacturers to franchised dealers or other persons engaged in the repair, diagnosing, or servicing of motor vehicles or motor vehicle engines needed to make use of the emissions control diagnostic system prescribed under Section 207 of the Federal Clean Air Act Amendments of 1990 and such other information including instructions for making emission-related diagnosis and repairs. If any of the emissions-related service information required by this section is provided to the manufacturer’s franchised dealers in advance of the specific requirements of this section, that information shall also be made available by manufacturers, directly or indirectly, to smog check stations and repair technicians. Manufacturers shall only be required to provide information to vendors or intermediaries in the same manner and format as provided to franchised dealers. (2) The service information shall be made compatible with computer systems commonly used in the aftermarket repair industry. In addition, the vendor or intermediary may offer the information by other common distribution means when electronic means are unavailable. No information or format will be required in the service information beyond that which is provided by new car manufacturers to franchise dealers. (g) The provisions of this section that apply with respect to 1994 and newer model-year vehicles shall become inoperative if the state board determines that the Environmental Protection Agency has adopted rules relative to the provision of emissions-related service information for 1994 and newer model-year vehicles. (Amended by Stats. 1996, Ch. 380, Sec. 1. Effective January 1, 1997.)
  159. 44036.3.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 3. Quality Assurance [44030 - 44045.6] ( Article 3 added by Stats. 1982, Ch. 892, Sec. 2. )

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    The department must direct licensed smog check stations and technicians to certain information vendors or intermediaries with emissions-related information to improve smog checks.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 3. Quality Assurance [44030 - 44045.6] ( Article 3 added by Stats. 1982, Ch. 892, Sec. 2. ) ## 44036.3. (a) The department shall direct licensed smog check stations and technicians to private diagnostic assistance service information vendors or intermediaries who possess the electronically formatted information acquired under Section 44036.2, or with any other emissions-related information needed to improve the effectiveness of smog checks. (b) The provisions of this section that apply with respect to 1994 and newer model-year vehicles shall become inoperative if the state board determines that the Environmental Protection Agency has adopted rules relative to the provision of emissions-related service information for 1994 and newer model-year vehicles. (Added by Stats. 1994, Ch. 725, Sec. 2. Effective January 1, 1995.)
  160. 44036.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 3. Quality Assurance [44030 - 44045.6] ( Article 3 added by Stats. 1982, Ch. 892, Sec. 2. )

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    The department must set standards for TAS calibration gases and create criteria to certify or decertify gas blenders. Starting January 1, 1990, uncertified blending, filling, selling, or use of TAS calibration gases is prohibited.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 3. Quality Assurance [44030 - 44045.6] ( Article 3 added by Stats. 1982, Ch. 892, Sec. 2. ) ## 44036.5. (a) The department shall set standards for test analyzer system (TAS) calibration gases and shall establish criteria to certify and decertify gas blenders who blend, fill, or sell TAS calibration gases. (b) On and after January 1, 1990, no person shall blend, fill, or sell any TAS calibration gases unless certified by the department and no person shall use in a TAS calibration gases which are not certified. (Added by Stats. 1989, Ch. 1154, Sec. 15.)
  161. 44036.8.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 3. Quality Assurance [44030 - 44045.6] ( Article 3 added by Stats. 1982, Ch. 892, Sec. 2. )

    Verify source ↗

    A licensed smog check station technician or operator may use equipment data from a smog check station to appeal a citation issued by the bureau.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 3. Quality Assurance [44030 - 44045.6] ( Article 3 added by Stats. 1982, Ch. 892, Sec. 2. ) ## 44036.8. The data collected by the equipment used by a smog check station, as required by regulations of the bureau, may be used by a licensed smog check station technician or operator when appealing a citation issued by the bureau. (Amended by Stats. 1995, Ch. 91, Sec. 92. Effective January 1, 1996.)
  162. 44037.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 3. Quality Assurance [44030 - 44045.6] ( Article 3 added by Stats. 1982, Ch. 892, Sec. 2. )

    Verify source ↗

    The department must keep records of smog check tests and repairs, using a scientifically valid sampling method, and must provide an annual written summary on request.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 3. Quality Assurance [44030 - 44045.6] ( Article 3 added by Stats. 1982, Ch. 892, Sec. 2. ) ## 44037. (a) The department shall compile and maintain records, using the sampling methodology necessary to ensure their scientific validity and reliability, of tests and repairs performed by qualified smog check technicians at licensed smog check stations pursuant to this chapter on all of the following information: (1) The motor vehicle identification information and the test data collected at the station. (2) The number of maintenance and repair operations performed on motor vehicles that fail to pass a test conducted pursuant to this chapter. (3) The correlation between maintenance and repairs recommended by the department pursuant to Section 44016 and maintenance and repairs performed. (4) The charges assessed for the service and repairs and the correlation between the amount charged for repairs and the amount of emission reduction. (5) Data received and compiled through the use of the centralized computer database and computer network to be established pursuant to Section 44037.1, and any other information determined to be essential by the department for program enhancement to achieve greater efficiency, consumer protection, cost-effectiveness, convenience, or emission reductions. (6) The frequency of specific smog check stations issuing a passing certificate for vehicles that have failed a previous inspection at other smog check stations within the preceding 30 days. (b) A written summary of the information specified in subdivision (a) shall be available annually for the technicians and smog check stations in each district and to the public upon request. (Amended by Stats. 2006, Ch. 538, Sec. 405. Effective January 1, 2007.)
  163. 44037.1.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 3. Quality Assurance [44030 - 44045.6] ( Article 3 added by Stats. 1982, Ch. 892, Sec. 2. )

    Verify source ↗

    The department must set up a centralized computer database and network, and smog check stations must send vehicle data and emissions test results to it after January 1, 1995.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 3. Quality Assurance [44030 - 44045.6] ( Article 3 added by Stats. 1982, Ch. 892, Sec. 2. ) ## 44037.1. (a) On or before January 1, 1995, the department shall design and establish the equipment necessary to operate a centralized computer data base and computer network that is readily accessible by all licensed smog check technicians on a real time basis. (b) The centralized computer data base and network shall be designed with all of the following capabilities: (1) To provide smog check technicians with immediate access to vehicle-specific information regarding the location of all emission control equipment, pattern failure data, and other vehicle-specific technical information relevant to the efficient identification, diagnosis, and repair of emission problems. (2) To provide smog check technicians and the department with information as to the date and result of prior smog check tests performed on each vehicle to discourage vehicle owners from shopping for certificates of compliance and to permit the department to identify smog check stations for further investigation as potential violators of this chapter. (3) To provide the department with data on the failure rates and repair effectiveness for vehicles of each make and model year on a statewide basis, and by smog check station and technician, to facilitate identification of smog check stations and technicians as potential violators of this chapter. (4) Upon a determination that a smog check station or technician has engaged in a pattern of conduct violating this chapter, or that a vehicle failed one or more emissions tests before obtaining a certificate of compliance, to provide the information necessary to identify and contact vehicle owners who obtained certificates from the station or technician, or may have obtained certificates of compliance in violation of this chapter, for purposes of requiring the retesting of their vehicles. (5) To be compatible with the eventual transition to a fully computerized smog certification program that will not require the use of printed certificates as evidence of compliance. (6) To be compatible with bar code scanning of vehicles as provided in Section 44041. (7) To permit ongoing entry of information from each smog check station into the centralized data base to enlarge and improve the data base on a continuous basis. (8) To be compatible with the department’s recordkeeping and compilation requirements established by Section 44037. (9) To meet the needs of a remote-sensing program to identify gross polluters, as specified by the department. (10) To meet any other needs specified by the department to enhance the benefits of the program through the storage of vehicle-specific information, such as that pertaining to voluntary repair and assistance and retirement programs and to the referee station program. (c) After January 1, 1995, each smog check station shall transmit vehicle data emission test results to the department’s centralized data base. Each smog check station shall also transmit vehicle data and emission measurements made before and after repair. The department shall establish, by regulation, the form, manner, and frequency of the data transmittals. (Amended by Stats. 1997, Ch. 802, Sec. 5. Effective January 1, 1998. Note: Conditional amendments by Stats. 1994, Ch. 1192, were repealed by Stats. 1996, Ch. 1154.)
  164. 44037.2.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 3. Quality Assurance [44030 - 44045.6] ( Article 3 added by Stats. 1982, Ch. 892, Sec. 2. )

    Verify source ↗

    The department may contract for services needed to run the centralized computer database and network, and may charge licensed smog check stations a transaction fee for each data transmittal.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 3. Quality Assurance [44030 - 44045.6] ( Article 3 added by Stats. 1982, Ch. 892, Sec. 2. ) ## 44037.2. (a) The department may enter into a contract for telecommunication, programming, data analysis, data processing, and other services necessary to operate and maintain the centralized computer data base and computer network specified in Section 44037.1. (b) The department may, for each transmittal of data to the centralized data base, charge a licensed smog check station a transaction fee established by the department. The transaction fee shall be sufficient to cover the actual costs of operating and maintaining the current data base and network. (c) Any contract made pursuant to this section may authorize compensation to the contractor from the transaction fees established by the department. The contractor shall maintain the transaction fees, which may be collected directly by the contractor from the licensed smog check stations, in a separate custodial account that the contractor shall account for and manage in accordance with generally accepted accounting standards and principles. (Added by Stats. 1996, Ch. 1088, Sec. 10. Effective September 30, 1996.)
  165. 44038.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 3. Quality Assurance [44030 - 44045.6] ( Article 3 added by Stats. 1982, Ch. 892, Sec. 2. )

    Verify source ↗

    Until the centralized computer database under Section 44037.1 is implemented, each smog check station must send vehicle and emission/repair data to the department, and the department must set the reporting form, method, and frequency by regulation.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 3. Quality Assurance [44030 - 44045.6] ( Article 3 added by Stats. 1982, Ch. 892, Sec. 2. ) ## 44038. Until implementation of the centralized computer data base required pursuant to Section 44037.1, each smog check station shall transmit vehicle data and emission test or repair results to the department and transmit to the department vehicle data and emission measurements made before and after repair. The department shall establish, by regulation, the form, manner, and frequency of those data transmittals. (Amended by Stats. 1994, Ch. 27, Sec. 39. Effective March 30, 1994.)
  166. 44039.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 3. Quality Assurance [44030 - 44045.6] ( Article 3 added by Stats. 1982, Ch. 892, Sec. 2. )

    Verify source ↗

    The department must publish a written summary of required information for smog check stations in each district twice a year and make it available on request to owners of motor vehicles subject to this chapter.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 3. Quality Assurance [44030 - 44045.6] ( Article 3 added by Stats. 1982, Ch. 892, Sec. 2. ) ## 44039. A written summary of the required information applicable to smog check stations in each district shall be published semiannually by the department and made available upon request to the owner of any motor vehicle subject to this chapter. (Amended by Stats. 1988, Ch. 1544, Sec. 49.)
  167. 44040.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 3. Quality Assurance [44030 - 44045.6] ( Article 3 added by Stats. 1982, Ch. 892, Sec. 2. )

    Verify source ↗

    The department may require certain certificates and repair cost waivers to include a unique barcode number, and it must periodically check certificates for validity with the Department of Motor Vehicles’ cooperation.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 3. Quality Assurance [44030 - 44045.6] ( Article 3 added by Stats. 1982, Ch. 892, Sec. 2. ) ## 44040. The department may require certificates of compliance, certificates of noncompliance, and repair cost waivers to contain a unique number encoded in bar code. These certificates may be sold to licensed smog check stations by the department, printed by test analyzer systems, or transmitted by electronic means. The department, with the cooperation of the Department of Motor Vehicles, shall periodically check certificates to determine their validity. (Amended by Stats. 1997, Ch. 803, Sec. 13. Effective January 1, 1998.)
  168. 44041.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 3. Quality Assurance [44030 - 44045.6] ( Article 3 added by Stats. 1982, Ch. 892, Sec. 2. )

    Verify source ↗

    The department must give vehicle owners bar code labels or bar coded documents when they renew annual registration.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 3. Quality Assurance [44030 - 44045.6] ( Article 3 added by Stats. 1982, Ch. 892, Sec. 2. ) ## 44041. In order to expedite emissions testing and to eliminate errors in the transcription of vehicle data, the department shall, in cooperation with the Department of Motor Vehicles, furnish bar code labels or bar coded documents to all vehicle owners at the time of their vehicle’s annual registration renewal. The labels or documents shall contain vehicle identification numbers and other vehicle-specific information, to be determined by the department, which can be recorded by smog check station technicians utilizing the scanning devices required by Section 44036. (Amended by Stats. 1994, Ch. 1220, Sec. 15.5. Effective September 30, 1994.)
  169. 44045.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 3. Quality Assurance [44030 - 44045.6] ( Article 3 added by Stats. 1982, Ch. 892, Sec. 2. )

    Verify source ↗

    The department must set and apply qualifications for smog check technician licensure, and technicians must meet experience, training, and examination requirements. Licenses must be renewed every two years.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 3. Quality Assurance [44030 - 44045.6] ( Article 3 added by Stats. 1982, Ch. 892, Sec. 2. ) ## 44045.5. (a) This section describes the qualifications to be met by smog check technician applicants effective January 1, 1995. The department shall, by regulation, establish requirements for the licensure of smog check technicians which are necessary to enable the program to meet the applicable emission reduction performance standards, to include, at a minimum: (1) Either of the following: (A) Certification standards for all technicians in the program which are equivalent or superior to the standards applicable for certification by an established national certification or accrediting institution to perform service on automotive engines and electrical systems. (B) Successful completion of a training program certified by the department under Section 44045.6. (2) In addition to the requirement in paragraph (1), a minimum of two years’ experience performing repairs to motor vehicle emission control systems or experience approved by the department, or an associate degree in an automotive technology curriculum or an equivalent degree as determined by the department. (3) An examination process that effectively determines whether applicants are all of the following: (A) Knowledgeable regarding the visual, functional, and exhaust and evaporative emissions inspection and testing procedures specified by the department, including a demonstrated understanding of loaded mode testing principles, purpose, procedures and equipment. (B) Knowledgeable regarding misfire detection, air injection testing, closed-loop system testing, and generic idle adjustment procedures specified by the department. (C) Capable of using emissions manuals and tuneup labels to properly identify required emission control systems and components on any vehicle subject to the enhanced program. (4) Not later than July 1, 1995, the examination shall use state-of-the-art technology, which may include computer simulations or other computer-based examination formats to determine whether applicants can properly identify, diagnose, and repair emission-related problems. The department may contract for the development and administration of this examination. (b) The department shall not license any technician unless the department has determined that the person is able to perform the inspection, testing, and repair tasks required under the program on all vehicles subject to the program, except that the department may limit this requirement to specified makes or models of vehicles if a technician requests licensing limited to specified makes or models of vehicles. (c) The department may establish more than one category or level of licensure, and may provide for the licensing of interns or trainees if those persons do all of their test and repair work under the supervision of a licensed technician. (d) The department shall require the renewal of smog check technician licenses every two years, and shall establish any necessary and appropriate requirements for renewal. (Added by Stats. 1994, Ch. 27, Sec. 42. Effective March 30, 1994.)
  170. 44045.6.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 3. Quality Assurance [44030 - 44045.6] ( Article 3 added by Stats. 1982, Ch. 892, Sec. 2. )

    Verify source ↗

    The department must set training requirements for smog check technicians and certify facilities that meet them, with some limited alternatives and enforcement powers.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 3. Quality Assurance [44030 - 44045.6] ( Article 3 added by Stats. 1982, Ch. 892, Sec. 2. ) ## 44045.6. (a) The department shall, by regulation, establish requirements for the training of smog check technicians which are necessary to enable the program to meet the applicable emission reduction performance standards, to include, at a minimum, all of the following: (1) Criteria for facilities, instructors, equipment, reference materials, and instructional materials. (2) A detailed outline of lectures and laboratory work. (3) A final examination and recommended passing score. (4) In lieu of the requirements in paragraphs (1) to (3), inclusive, the department may accept certification by an established national training institution of training in relevant curricula, including electrical systems, engine performance, and electronic emissions diagnostics. (b) Training facilities meeting the requirements of subdivision (a) shall be certified by the department to provide smog check training. (c) The department may require remedial training at a certified training facility or may take disciplinary action, whichever the department determines to be the most appropriate, for any licensed technician who the department determines cannot perform inspections, testing, or repairs as required under the program. The failure to complete the remedial training when required by the department shall be a ground for revocation or suspension of a smog check technician’s license under Section 44072.2. (d) The department may contract to ensure the availability of training and retraining courses required by this chapter whenever these courses are not otherwise available. Charges for courses offered by contractors pursuant to this subdivision shall be borne by course attendees. (Added by Stats. 1994, Ch. 27, Sec. 43. Effective March 30, 1994.)
  171. 44050.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 4. Penalties [44050 - 44059] ( Article 4 added by Stats. 1982, Ch. 892, Sec. 2. )

    Verify source ↗

    The department may cite licensees, contractors, or fleet owners for chapter or regulation violations and may include an abatement order or administrative fine.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 4. Penalties [44050 - 44059] ( Article 4 added by Stats. 1982, Ch. 892, Sec. 2. ) ## 44050. (a) In addition to or in lieu of any other remedy or penalty, including, but not limited to, education, training, or an office conference, the department may issue a citation to a licensee, contractor, or fleet owner for a violation of the requirements of this chapter or a regulation adopted pursuant to this chapter. The citation may contain an order of abatement or the assessment of an administrative fine, or both. (b) An administrative fine issued pursuant to this section shall be at least one hundred dollars ($100) but not more than five thousand dollars ($5,000) for each violation. In assessing a fine, the department shall give due consideration to the appropriateness of the amount of the fine, including an evaluation of all of the following: (1) The nature, gravity, severity, and seriousness of the violation. (2) The persistence of the violation. (3) The good faith or willfulness of the violator. (4) The history of previous violations by that violator, including the commission of numerous and repeated violations. (5) The failure to perform work for which money was received. (6) The making of any false or misleading statement in order to induce a person to authorize repair work or pay money. (7) The failure to make restitution to consumers affected by the violation. (8) The extent to which the violator has mitigated or attempted to mitigate any damage or injury caused by the violation. (9) The degree of incompetence or negligence in the performance of duties and responsibilities. (10) The purposes and goals of this chapter and other matters as may be appropriate. (c) An order of abatement issued pursuant to this section shall fix a reasonable time for abatement of the violation. An order of abatement may require any or all of the following: (1) The licensee, contractor, or fleet owner to whom the citation is issued to demonstrate how future compliance with this chapter, and regulations adopted pursuant to this chapter, will be accomplished. This demonstration may include, but is not limited to, submission of a corrective action plan. (2) The smog check technician to successfully complete one or more retraining courses prescribed by the department pursuant to subdivision (c) of Section 44031.5, or successfully complete one or more advanced retraining courses prescribed by the department, or both. (3) The smog check technician to perform no inspection or repair pursuant to this chapter until training courses prescribed by the department are successfully completed. (d) A citation issued pursuant to this section shall be in writing and shall describe the nature of the violation and the specific provision of law determined to have been violated. The citation shall inform in writing the licensee, contractor, or fleet owner of the right to request a hearing, as described in Section 44051. If a hearing is not requested, payment of the administrative fine shall not constitute an admission of the violation charged. If a hearing is requested, the department shall provide a hearing in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, except insofar as those provisions are inconsistent with the provisions of this article. Payment of the administrative fine shall be due 30 days after the citation was issued if a hearing is not requested, or when a final order is entered if a hearing is requested. The department may enforce the administrative fine as if it were a money judgment pursuant to Title 9 (commencing with Section 680.010) of Part 2 of the Code of Civil Procedure. (e) Failure to comply with an order of abatement or payment of an administrative fine issued by the department pursuant to this section is grounds for suspension or revocation of the license, or placing the licensee on probation. (f) The department shall adopt regulations to establish procedures, including a penalty schedule, for assessing fines or penalties for violations of a requirement of this chapter or a regulation adopted pursuant to this chapter. (g) Administrative fines collected pursuant to this section shall be deposited in the High Polluter Repair or Removal Account within the Vehicle Inspection and Repair Fund. (Repealed and added by Stats. 2010, Ch. 258, Sec. 12. (AB 2289) Effective January 1, 2011.)
  172. 44051.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 4. Penalties [44050 - 44059] ( Article 4 added by Stats. 1982, Ch. 892, Sec. 2. )

    Verify source ↗

    A person cited under Section 44050 may request an administrative hearing or an informal citation conference, and must act within the stated deadlines.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 4. Penalties [44050 - 44059] ( Article 4 added by Stats. 1982, Ch. 892, Sec. 2. ) ## 44051. (a) If a person cited pursuant to Section 44050 wishes to contest the citation, that person shall, within 30 days after service of the citation, file in writing a request for an administrative hearing to the chief of the bureau or a designee. (b) (1) In addition to, or instead of, requesting an administrative hearing pursuant to subdivision (a), the person cited pursuant to Section 44050 may, within 30 days after service of the citation, contest the citation by submitting a written request for an informal citation conference to the chief of the bureau or a designee. (2) Upon receipt of a written request for an informal citation conference, the chief of the bureau or a designee shall, within 60 days of the request, hold an informal citation conference with the person requesting the conference. The cited person may be accompanied and represented by an attorney or other authorized representative. (3) If an informal citation conference is held, the request for an administrative hearing shall be deemed withdrawn and the chief of the bureau, or designee, may affirm, modify, or dismiss the citation at the conclusion of the informal citation conference. If so affirmed or modified, the citation originally issued shall be considered withdrawn and an affirmed or modified citation, including reasons for the decision, shall be issued. The affirmed or modified citation shall be mailed to the cited person and that person’s counsel, if any, within 10 days of the date of the informal citation conference. (4) If a cited person wishes to contest a citation affirmed or modified pursuant to paragraph (3), the person shall, within 30 days after service of the modified or affirmed citation, contest the affirmed or modified citation by submitting a written request for an administrative hearing to the chief of the bureau or a designee. An informal citation conference shall not be held on affirmed or modified citations. (Repealed and added by Stats. 2010, Ch. 258, Sec. 15. (AB 2289) Effective January 1, 2011.)
  173. 44052.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 4. Penalties [44050 - 44059] ( Article 4 added by Stats. 1982, Ch. 892, Sec. 2. )

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    If a citation has multiple violations, the penalty or fine must be listed separately for each violated statute or regulation, and total penalties for multiple violations from one inspection or repair cannot exceed $5,000.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 4. Penalties [44050 - 44059] ( Article 4 added by Stats. 1982, Ch. 892, Sec. 2. ) ## 44052. (a) If a citation lists more than one violation, the amount of the civil penalty or administrative fine assessed shall be stated separately for each statute and regulation violated. (b) If a citation lists more than one violation arising from a single motor vehicle inspection or repair, the total penalties assessed shall not exceed five thousand dollars ($5,000). (Amended by Stats. 2010, Ch. 258, Sec. 17. (AB 2289) Effective January 1, 2011.)
  174. 44055.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 4. Penalties [44050 - 44059] ( Article 4 added by Stats. 1982, Ch. 892, Sec. 2. )

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    License renewal can be denied, and certificates cannot be issued, until required fines and penalties are paid.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 4. Penalties [44050 - 44059] ( Article 4 added by Stats. 1982, Ch. 892, Sec. 2. ) ## 44055. (a) Any failure by an applicant for a license or for the renewal of a license, or by any partner, officer, or director thereof, to comply with the final order of the department for the payment of an administrative fine, or to pay the amount specified in a settlement executed by the applicant and the Director of the Department of Consumer Affairs, shall result in denial of a license or of the renewal of the license. The department shall not allow the issuance of any certificate of compliance or noncompliance by a licensee until all civil penalties and administrative fines which have become final, or amounts agreed to in a settlement, have been paid by the licensee. (b) The department may deny an application for the renewal of a test station or repair station license if the applicant, or any partner, officer, or director thereof, has failed to pay any civil penalty or administrative fine in accordance with this article. (Amended by Stats. 2010, Ch. 258, Sec. 20. (AB 2289) Effective January 1, 2011.)
  175. 44056.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 4. Penalties [44050 - 44059] ( Article 4 added by Stats. 1982, Ch. 892, Sec. 2. )

    Verify source ↗

    This section imposes civil penalties for violating the chapter or related department rules, and separately penalizes false or improper attempts to get compliance certificates, waivers, or extensions.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 4. Penalties [44050 - 44059] ( Article 4 added by Stats. 1982, Ch. 892, Sec. 2. ) ## 44056. (a) In addition to an administrative fine pursuant to Section 44050, any person who violates this chapter, or any order, rule, or regulation of the department adopted pursuant to this chapter, is liable for a civil penalty of not more than five thousand dollars ($5,000) for each day in which each violation occurs. Any action to recover civil penalties shall be brought by the Attorney General in the name of the state on behalf of the department, or may be brought by any district attorney, city attorney, or attorney for a district. In assessing a civil penalty pursuant to this subdivision, due consideration shall be given to the factors identified in subdivision (b) of Section 44050. (b) The penalties specified in subdivision (a) do not apply to an owner or operator of a motor vehicle, except an owner or operator who does any of the following: (1) Obtains, or who attempts to obtain, a certificate of compliance or noncompliance, a repair cost waiver, or an economic hardship extension without complying with Section 44015. (2) Obtains, or attempts to obtain, a certificate of compliance, a repair cost waiver, or an economic hardship extension by means of fraud, including, but not limited to, offering or giving any form of financial or other inducement to any person for the purpose of obtaining a certificate of compliance for a vehicle that has not been tested or has been tested improperly. (3) Registers a motor vehicle at an address other than the owner’s or operator’s residence address for the purpose of avoiding the requirements of this chapter. (4) Obtains, or attempts to obtain, a certificate of compliance by other means when required to report to the test-only facility after being identified as a tampered vehicle or gross polluter pursuant to Section 44015 or 44081. (c) Any person who obtains or attempts to obtain a repair cost waiver, or economic hardship extension pursuant to this chapter by falsifying information shall be subject to a civil penalty of not more than five thousand dollars ($5,000), and shall be made ineligible for receiving any repair assistance of any kind pursuant to this chapter. (d) Any person who obtains or attempts to obtain a certificate of compliance pursuant to this chapter by falsifying information shall be subject to a civil penalty of not more than five thousand dollars ($5,000). (Amended by Stats. 2010, Ch. 258, Sec. 21. (AB 2289) Effective January 1, 2011.)
  176. 44057.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 4. Penalties [44050 - 44059] ( Article 4 added by Stats. 1982, Ch. 892, Sec. 2. )

    Verify source ↗

    A continuing violation of this chapter or related department rules may be enjoined by the superior court, and specified public attorneys may bring the action.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 4. Penalties [44050 - 44059] ( Article 4 added by Stats. 1982, Ch. 892, Sec. 2. ) ## 44057. A continuing violation of any provision of this chapter, or any order, rule, or regulation of the department adopted pursuant to this chapter, may be enjoined by the superior court of the county in which the violation is occurring. The action shall be brought by the attorney general in the name of the state on behalf of the department, or may be brought by any district attorney, city attorney, or attorney for a district. An action brought under this section shall conform to the requirements of Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that it shall not be necessary to show lack of an adequate remedy at law or to show irreparable damage or loss. In addition, if it is shown that the respondent continues, or threatens to continue, to violate any provision of this chapter, or any order, rule, or regulation of the department adopted pursuant to this chapter, it shall be sufficient proof to warrant the immediate granting of a temporary restraining order. (Added by renumbering Section 44051 by Stats. 1985, Ch. 703, Sec. 2.)
  177. 44058.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 4. Penalties [44050 - 44059] ( Article 4 added by Stats. 1982, Ch. 892, Sec. 2. )

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    A person who violates this chapter or related department rules commits a misdemeanor and may be fined up to $1,000, imprisoned up to six months, or both.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 4. Penalties [44050 - 44059] ( Article 4 added by Stats. 1982, Ch. 892, Sec. 2. ) ## 44058. Any person who violates this chapter, or any order, rule, or regulation of the department adopted pursuant to this chapter, is guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more than six months, or by both, in lieu of the imposition of the civil penalties. (Added by Stats. 1985, Ch. 703, Sec. 11.)
  178. 44059.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 4. Penalties [44050 - 44059] ( Article 4 added by Stats. 1982, Ch. 892, Sec. 2. )

    Verify source ↗

    Willfully making a false statement or entry about a material matter in certain required forms or oaths is perjury and is punishable under the Penal Code.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 4. Penalties [44050 - 44059] ( Article 4 added by Stats. 1982, Ch. 892, Sec. 2. ) ## 44059. The willful making of any false statement or entry with regard to a material matter in any oath, affidavit, certificate of compliance or noncompliance, or application form which is required by this chapter or Chapter 20.3 (commencing with Section 9880) of Division 3 of the Business and Professions Code, constitutes perjury and is punishable as provided in the Penal Code. (Added by renumbering Section 44052 (as added by Stats. 1986, Ch. 951) by Stats. 1987, Ch. 850, Sec. 23.)
  179. 44060.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 5. Financial Provisions [44060 - 44063] ( Article 5 added by Stats. 1982, Ch. 892, Sec. 2. )

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    This section sets rules for smog check certificates, fees, fee deposits, and related reporting and equipment requirements.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 5. Financial Provisions [44060 - 44063] ( Article 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## 44060. (a) The department shall prescribe the form of the certificate of compliance or noncompliance, repair cost waivers, and economic hardship extensions. (b) The certificates, repair cost waivers, and economic hardship extensions shall be in the form of an electronic entry filed with the department, the Department of Motor Vehicles, and any other person designated by the department. The department shall ensure that the motor vehicle owner or operator is provided with a written report, signed by the licensed technician who performed the inspection, of any test performed by a smog check station, including a pass or fail indication, and written confirmation of the issuance of the certificate. (c) (1) The department shall charge a fee to a smog check station, including a test-only station, and a station providing referee functions, for a motor vehicle inspected at that station that meets the requirements of this chapter and is issued a certificate of compliance, a certificate of noncompliance, repair cost waiver, or economic hardship extension. (2) The fee charged pursuant to paragraph (1) shall be calculated to recover the costs of the department and any other state agency directly involved in the implementation, administration, or enforcement of the motor vehicle inspection and maintenance program, and shall not exceed the amount reasonably necessary to fund the operation of the program, including all responsibilities, requirements, and obligations imposed upon the department or any of those state agencies by this chapter, that are not otherwise recoverable by fees received pursuant to Section 44034. (3) Except for adjustments to reflect changes in the Consumer Price Index, as published by the United States Bureau of Labor Statistics, the fee for each certificate, waiver, or extension shall not exceed seven dollars ($7). (4) Fees collected by the department pursuant to this subdivision shall be deposited in the Vehicle Inspection and Repair Fund. It is the intent of the Legislature that a prudent surplus be maintained in the Vehicle Inspection and Repair Fund. (d) (1) (A) Motor vehicles exempted under paragraph (4) of subdivision (a) of Section 44011 that are six or less model-years old shall be subject to an annual smog abatement fee of twelve dollars ($12). (B) Motor vehicles exempted under paragraph (4) of subdivision (a) of Section 44011 that are seven or eight model-years old shall be subject to an annual smog abatement fee of twenty-five dollars ($25). (C) The department may also, by regulation, subject motor vehicles that are exempted under paragraph (5) of subdivision (a) of Section 44011 to the twelve dollar ($12) annual smog abatement fee. Payment of the annual smog abatement fee shall be made to the Department of Motor Vehicles at the time of registration of the motor vehicle. (2) Except as provided in paragraph (1) of subdivision (a) of, and subdivision (b) of, Section 44091.1, fees collected pursuant to this subdivision shall be deposited on a daily basis into the Vehicle Inspection and Repair Fund. (e) The sale or transfer of the certificate, waiver, or extension by a licensed smog check station or test-only station to any other licensed smog check station or to any other person, and the purchase or acquisition of the certificate, waiver, or extension, by any person, other than from the department, the department’s designee, or pursuant to a vehicle’s inspection or repair conducted pursuant to this chapter, is prohibited. (f) Following implementation of the electronic entry certificate under subdivision (b), the department may require the modification of the analyzers and other equipment required at smog check stations to prevent the entry of a certificate that has not been issued or validated through prepayment of the fee authorized by subdivision (c). (g) The fee charged by licensed smog check stations to consumers for a certificate, waiver, or extension shall be the same amount that is charged by the department. (Amended by Stats. 2017, Ch. 633, Sec. 2. (AB 1274) Effective October 10, 2017.)
  180. 44060.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 5. Financial Provisions [44060 - 44063] ( Article 5 added by Stats. 1982, Ch. 892, Sec. 2. )

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    The smog abatement fee is increased by $8 starting July 1, 2008.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 5. Financial Provisions [44060 - 44063] ( Article 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## 44060.5. (a) Beginning July 1, 2008, the smog abatement fee described in subparagraph (A) or (C) of paragraph (1) of subdivision (d) of Section 44060 shall be increased by eight dollars ($8). (b) Revenues generated by the increase described in this section shall be distributed as follows: (1) The revenues generated by four dollars ($4) shall be deposited in the Air Quality Improvement Fund created by Section 44274.5. (2) The revenues generated by four dollars ($4) shall be deposited in the Alternative and Renewable Fuel and Vehicle Technology Fund created by Section 44273. (c) This section shall become inoperative on July 1, 2035, and, as of January 1, 2036, is repealed. (Amended by Stats. 2023, Ch. 319, Sec. 2. (AB 126) Effective October 7, 2023. Inoperative July 1, 2035, by its own provisions. Repealed as of January 1, 2036, by its own provisions.)
  181. 44061.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 5. Financial Provisions [44060 - 44063] ( Article 5 added by Stats. 1982, Ch. 892, Sec. 2. )

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    Fees and penalties collected under this chapter must be deposited in the Vehicle Inspection and Repair Fund, and the department and certain other state agencies may use the funds as provided.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 5. Financial Provisions [44060 - 44063] ( Article 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## 44061. The fees and penalties collected by the department pursuant to this chapter shall be deposited in the Vehicle Inspection and Repair Fund in accordance with the procedures established by the department, and is available to the department, as specified by Section 9886.2 of the Business and Professions Code, and, upon appropriation by the Legislature, to any other state agency directly involved in the implementation of the motor vehicle inspection program, to carry out its functions and duties specified in this chapter or in any other law. (Amended by Stats. 1988, Ch. 1544, Sec. 56.3.)
  182. 44062.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 5. Financial Provisions [44060 - 44063] ( Article 5 added by Stats. 1982, Ch. 892, Sec. 2. )

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    The Vehicle Inspection Fund and the Automotive Repair Fund are abolished, and their balances are transferred to the Vehicle Inspection and Repair Fund. Fees collected by the department under the cited programs must be deposited into that fund.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 5. Financial Provisions [44060 - 44063] ( Article 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## 44062. The Vehicle Inspection Fund and the Automotive Repair Fund are hereby abolished. The balances in those funds are hereby transferred to the Vehicle Inspection and Repair Fund. All fees collected by the department under this chapter and Chapter 20.3 (commencing with Section 9880) of Division 3 of the Business and Professions Code shall be deposited in the Vehicle Inspection and Repair Fund and are available to the department as specified by Section 9886.2 of the Business and Professions Code. (Added by Stats. 1988, Ch. 1544, Sec. 56.6.)
  183. 44062.1.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 5. Financial Provisions [44060 - 44063] ( Article 5 added by Stats. 1982, Ch. 892, Sec. 2. )

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    The department must run a repair assistance program and may provide repair cost assistance to eligible low-income motor vehicle owners, while applicants must file an application and certify eligibility.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 5. Financial Provisions [44060 - 44063] ( Article 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## 44062.1. (a) The department shall offer a repair assistance program through entities authorized to perform referee functions. (b) (1) The repair assistance program shall be available to an individual who is a low-income motor vehicle owner, and who is either or both of the following: (A) The owner of a motor vehicle that has failed a smog check inspection. (B) The owner of a motor vehicle who was issued a notice to correct for an alleged violation of Section 27153 or 27153.5 of the Vehicle Code involving that vehicle, if the vehicle subject to that notice has failed a smog check inspection subsequent to receiving the notice. (2) The department shall offer repair cost assistance to individuals based on the cost-effectiveness and air quality benefit of the needed repair. Repair assistance may include retesting costs and the costs of repairs to remedy the violation of Section 27153 or 27153.5 of the Vehicle Code. (3) An applicant for repair assistance shall file an application on a form prescribed by the department, and shall certify under penalty of perjury that the applicant meets the applicable eligibility standards. (4) Verification of income eligibility shall be based on at least one form of documentation, as determined by the department, including, but not limited to, (A) an income tax return, (B) an employment warrant, or (C) a form of public assistance verification. (c) The repair assistance program shall be funded by the High Polluter Repair or Removal Account. (d) Repairs to motor vehicles that fail smog check inspections and are subsidized by the state through the program shall be performed at a repair station licensed and certified pursuant to Sections 44014 and 44014.2. Repairs shall be based upon a preapproved list of repairs for cost-effective emission reductions or repairs to remedy a violation of Section 27153 or 27153.5 of the Vehicle Code. (e) The qualified low-income motor vehicle owner receiving repair assistance pursuant to this section shall contribute a copayment, as determined by the department, either in cash, or in emissions-related partial repairs as verified by a test-only station pursuant to paragraph (2) of subdivision (c) of Section 44015, or a combination thereof. If the repair cost exceeds the applicable repair cost limit, the department shall inform a motor vehicle owner of all options for compliance at the time of testing and repair. (f) The department may increase its contribution toward the repair of a motor vehicle under this program in excess of the amount authorized for the repair of a high polluter pursuant to paragraph (1) of subdivision (b) of Section 44094, if the department determines that the expenditure is cost effective. In determining the cost-effectiveness of the expenditure, the department shall consider a failure of the visible smoke test, pursuant to Section 44012.1, and the costs associated with repairing a smoking vehicle. (g) The department shall collect data from the program to provide information to develop recommendations to improve the program. Data collection shall include all of the following: (1) The number of motor vehicle owners that are eligible for repair assistance. (2) The number of eligible motor vehicle owners that use repair assistance funds. (3) The potential for fraud. (4) The average repair bills. (5) The types of repairs being done. (6) The amount of partial repairs done prior to receipt of repair assistance. (7) The emissions benefits of providing repair assistance. (h) For purposes of this section, “low-income motor vehicle owner” means a person whose income does not exceed 225 percent of the federal poverty level, as published quarterly in the Federal Register by the United States Department of Health and Human Services. (Amended by Stats. 2010, Ch. 231, Sec. 1. (AB 787) Effective January 1, 2011.)
  184. 44062.3.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 5. Financial Provisions [44060 - 44063] ( Article 5 added by Stats. 1982, Ch. 892, Sec. 2. )

    Verify source ↗

    The department must pay set amounts to eligible motor vehicle owners who retire qualifying smog-failed vehicles, and it may allow or increase payments in some cases.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 5. Financial Provisions [44060 - 44063] ( Article 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## 44062.3. (a) The owner of a motor vehicle that has been registered without substantial lapse, as defined by the department, in the state for at least two years prior to vehicle retirement, and that has failed the most recent smog check inspection for that vehicle, may retire the vehicle from operation at a dismantler under contract with the bureau, at any time after learning of the smog check failure. The department shall pay a person who retires his or her vehicle under this section one thousand five hundred dollars ($1,500) for a low-income motor vehicle owner, as defined in Section 44062.1, and one thousand dollars ($1,000) for all other motor vehicle owners. The department may pay a motor vehicle owner more than these amounts based on factors, including, but not limited to, the age of the vehicle, the emission benefit of the vehicle’s retirement, the emission impact of any replacement vehicle, and the location of the vehicle in an area of the state with the poorest air quality. (b) The department may permit vehicle retirement pursuant to subdivision (a) for any motor vehicle that has been registered without substantial lapse, as defined by the department, in the state for at least two years prior to vehicle retirement, and that fails any type of smog check inspection lawfully performed in the state. (Amended by Stats. 2013, Ch. 437, Sec. 2. (SB 459) Effective January 1, 2014.)
  185. 44063.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 5. Financial Provisions [44060 - 44063] ( Article 5 added by Stats. 1982, Ch. 892, Sec. 2. )

    Verify source ↗

    Money from the specified litigation may be transferred into the Vehicle Inspection and Repair Fund, and that money may be used by the department for a vehicle repair, retrofit, or removal program once the Legislature appropriates it.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 5. Financial Provisions [44060 - 44063] ( Article 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## 44063. (a) There may be transferred into the Vehicle Inspection and Repair Fund the proceeds of the litigation known as M.D.L. Docket No. 150 AWT, as adjudicated in the United States District Court for the Central District of California. (b) The money transferred pursuant to subdivision (a) shall be available, upon appropriation by the Legislature, for use by the department to establish and implement a program for the repair, retrofit, or removal of gross polluting vehicles. (Added by Stats. 1994, Ch. 27, Sec. 50. Effective March 30, 1994.)
  186. 44070.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 6. Public Information [44070 - 44071] ( Article 6 added by Stats. 1984, Ch. 1591, Sec. 3. )

    Verify source ↗

    The department must create a public information program and give warranty-related information on request.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 6. Public Information [44070 - 44071] ( Article 6 added by Stats. 1984, Ch. 1591, Sec. 3. ) ## 44070. (a) The department shall develop within the bureau, with the advice and technical assistance of the state board, a public information program for the purpose of providing information designed to increase public awareness of the smog check program throughout the state and emissions warranty information to motor vehicle owners subject to an inspection and maintenance program required pursuant to this chapter. The department shall provide, upon request, either orally or in writing, information regarding emissions related warranties and available warranty dispute resolution procedures. (b) The telephone number and business hours, and the address if appropriate, of the emissions warranty information program shall be noticed on the vehicle inspection report provided by the test analyzer system for any vehicle which fails the analyzer test. (Amended by Stats. 1995, Ch. 91, Sec. 93. Effective January 1, 1996.)
  187. 44070.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 6. Public Information [44070 - 44071] ( Article 6 added by Stats. 1984, Ch. 1591, Sec. 3. )

    Verify source ↗

    The department must run a public information program about the motor vehicle inspection and maintenance program, after consulting the state board.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 6. Public Information [44070 - 44071] ( Article 6 added by Stats. 1984, Ch. 1591, Sec. 3. ) ## 44070.5. (a) The department shall develop and continuously conduct a public information program, in consultation with the state board. The program shall be designed to develop and maintain public support and cooperation for the motor vehicle inspection and maintenance program and shall include information on all of the following: (1) The health damage caused by air pollution. (2) The contribution of automobiles to air pollution and the gross polluter problem. (3) Whether a motorist’s vehicle could be a gross polluter without the motorist knowing. (4) The importance of maintaining a vehicle’s emission control devices in good working order and the importance of the program. (b) That information shall be disseminated by all means that the department determines to be feasible and cost-effective, including, but not limited to, television, newspaper, and radio advertising and trailers in movie theaters. The department may also utilize grass roots community networks, including local opinion leaders, churches, the PTA, and the workplace. Extensive marketing research shall be performed to identify the target population. (Added by Stats. 1994, Ch. 27, Sec. 51. Effective March 30, 1994.)
  188. 44071.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 6. Public Information [44070 - 44071] ( Article 6 added by Stats. 1984, Ch. 1591, Sec. 3. )

    Verify source ↗

    The department must use certain fee funds to implement the smog check public awareness and emissions warranty information programs.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 6. Public Information [44070 - 44071] ( Article 6 added by Stats. 1984, Ch. 1591, Sec. 3. ) ## 44071. For purposes of implementing the smog check public awareness and emissions warranty information programs, the department shall use funds from the fee charged for each certificate of compliance or noncompliance which are deposited in the Vehicle Inspection and Repair Fund pursuant to Section 44060. (Amended by Stats. 1988, Ch. 1544, Sec. 57.5.)
  189. 44072.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 7. Denial, Suspension, and Revocation [44072 - 44072.11] ( Article 7 added by Stats. 1991, Ch. 386, Sec. 11. )

    Verify source ↗

    The director may suspend or revoke licenses under this chapter, and may refuse to issue a license to an applicant for reasons in Section 44072.1.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 7. Denial, Suspension, and Revocation [44072 - 44072.11] ( Article 7 added by Stats. 1991, Ch. 386, Sec. 11. ) ## 44072. Any license issued under this chapter and the regulations adopted pursuant to it may be suspended or revoked by the director. The director may refuse to issue a license to any applicant for the reasons set forth in Section 44072.1. The proceedings under this article shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the director shall have all the powers granted therein. (Added by Stats. 1991, Ch. 386, Sec. 11.)
  190. 44072.1.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 7. Denial, Suspension, and Revocation [44072 - 44072.11] ( Article 7 added by Stats. 1991, Ch. 386, Sec. 11. )

    Verify source ↗

    The director may deny a license if the applicant, or certain related persons, meets specified disqualifying conditions.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 7. Denial, Suspension, and Revocation [44072 - 44072.11] ( Article 7 added by Stats. 1991, Ch. 386, Sec. 11. ) ## 44072.1. The director may deny a license if the applicant, or any partner, officer, or director thereof, does any of the following: (a) Fails to meet the qualifications established by the bureau pursuant to Articles 2 (commencing with Section 44010) and 3 (commencing with Section 44030) and the regulations adopted for the issuance of the license applied for. (b) Was previously the holder of a license issued under this chapter, which license has been revoked and never reissued or which license was suspended and the terms of the suspension have not been fulfilled. (c) Has committed any act that, if committed by any licensee, would be grounds for the suspension or revocation of a license issued pursuant to this chapter. (d) Has committed any act involving dishonesty, fraud, or deceit whereby another is injured or whereby the applicant has benefited. (e) Has acted in the capacity of a licensed person or firm under this chapter without having a license therefor. (f) Has entered a plea of guilty or nolo contendere to, or been found guilty of, or been convicted of a crime substantially related to the qualifications, functions, or duties of the licenseholder in question, and the time for appeal has elapsed or the judgment of conviction has been affirmed on appeal, irrespective of an order granting probation following the conviction, suspending the imposition of sentence, or of a subsequent order under Section 1203.4 of the Penal Code allowing the person to withdraw a plea of guilty and to enter a plea of not guilty, or setting aside the plea or verdict of guilty, or dismissing the accusation or information. (Amended by Stats. 2009, Ch. 307, Sec. 102. (SB 821) Effective January 1, 2010.)
  191. 44072.10.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 7. Denial, Suspension, and Revocation [44072 - 44072.11] ( Article 7 added by Stats. 1991, Ch. 386, Sec. 11. )

    Verify source ↗

    The director may temporarily suspend a smog check station or technician license for up to 60 days before a hearing if the department has reasonable evidence of fraud, tampering, or similar misconduct that could endanger public health or safety. The department must revoke licenses for fraudulent certification or inspections, and some revocations cannot be reinstated.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 7. Denial, Suspension, and Revocation [44072 - 44072.11] ( Article 7 added by Stats. 1991, Ch. 386, Sec. 11. ) ## 44072.10. (a) Notwithstanding Sections 44072 and 44072.4, the director, or the director’s designee, pending a hearing conducted pursuant to subdivision (e), may temporarily suspend any smog check station or technician’s license issued under this chapter, for a period not to exceed 60 days, if the department determines that the licensee’s conduct would endanger the public health, safety, or welfare before the matter could be heard pursuant to subdivision (e), based upon reasonable evidence of any of the following: (1) Fraud. (2) Tampering. (3) Intentional or willful violation of this chapter or any regulation, standard, or procedure of the department implementing this chapter. (4) A pattern or regular practice of violating this chapter or any regulation, standard, or procedure of the department implementing this chapter. (b) If a motor vehicle dealer sells any used vehicle, knowing that the vehicle has been fraudulently certified, that act shall be additional grounds for suspension or revocation pursuant to Section 11705 of the Vehicle Code. A dealer’s license revoked pursuant to this subdivision shall not be reinstated for any reason for a period of at least five years. (c) The department shall revoke the license of any smog check technician or station licensee who fraudulently certifies vehicles or participates in the fraudulent inspection of vehicles. A fraudulent inspection includes, but is not limited to, all of the following: (1) Clean piping, clean plugging, clean glassing, clean tanking, or any other fraudulent inspection practice, as defined by the department. (2) Tampering with a vehicle emission control system or test analyzer system. (3) Tampering with a vehicle in a manner that would cause the vehicle to falsely pass or falsely fail an inspection. (4) Intentional or willful violation of this chapter or any regulation, standard, or procedure of the department implementing this chapter. (d) Once a license has been revoked for a smog check station or technician under subdivision (a) or (c), the license shall not be reinstated for any reason. A hearing shall be held and a decision issued within 60 days after the date on which the notice of the temporary suspension was provided unless the time for the hearing has been extended, or the right to a hearing has been waived, by the licensee. (e) The hearing shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, or by court order. (f) The department shall adopt, by regulation, procedures to ensure that any affected licensee is provided adequate notice and opportunity to be heard, except as otherwise provided in subdivision (a), prior to issuing an order temporarily suspending a license under this section. (Amended by Stats. 2023, Ch. 681, Sec. 22. (AB 1263) Effective January 1, 2024.)
  192. 44072.11.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 7. Denial, Suspension, and Revocation [44072 - 44072.11] ( Article 7 added by Stats. 1991, Ch. 386, Sec. 11. )

    Verify source ↗

    The department may refuse to issue or renew, and may revoke or suspend, certain smog check station or technician licenses in the listed situations.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 7. Denial, Suspension, and Revocation [44072 - 44072.11] ( Article 7 added by Stats. 1991, Ch. 386, Sec. 11. ) ## 44072.11. (a) The department may refuse to issue or renew a license for a smog check station or technician who is subject to a 60-day suspension pursuant to Section 44072.10. (b) Any smog check station or technician’s license granted by the department is a privilege and not a vested right, and may be revoked or suspended by the department for any of the reasons specified in Section 44072.1 or on evidence that the station or technician is not in compliance with any of the requirements of subdivision (a). (Added by Stats. 1994, Ch. 27, Sec. 53. Effective March 30, 1994.)
  193. 44072.2.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 7. Denial, Suspension, and Revocation [44072 - 44072.11] ( Article 7 added by Stats. 1991, Ch. 386, Sec. 11. )

    Verify source ↗

    The director may suspend, revoke, or otherwise discipline a license if the licensee, or certain related persons, commits listed misconduct.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 7. Denial, Suspension, and Revocation [44072 - 44072.11] ( Article 7 added by Stats. 1991, Ch. 386, Sec. 11. ) ## 44072.2. The director may suspend, revoke, or take other disciplinary action against a license as provided in this article if the licensee, or any partner, officer, or director thereof, does any of the following: (a) Violates any section of this chapter and the regulations adopted pursuant to it, which related to the licensed activities. (b) Is convicted of any crime substantially related to the qualifications, functions, or duties of the licenseholder in question. (c) Violates any of the regulations adopted by the director pursuant to this chapter. (d) Commits any act involving dishonesty, fraud, or deceit whereby another is injured. (e) Has misrepresented a material fact in obtaining a license. (f) Aids or abets unlicensed persons to evade the provisions of this chapter. (g) Fails to make and keep records showing his or her transactions as a licensee, or fails to have those records available for inspection by the director or his or her duly authorized representative for a period of not less than three years after completion of any transaction to which the records refer, or refuses to comply with a written request of the director to make the records available for inspection. (h) Violates or attempts to violate the provisions of this chapter relating to the particular activity for which he or she is licensed. (Amended by Stats. 2009, Ch. 307, Sec. 103. (SB 821) Effective January 1, 2010.)
  194. 44072.3.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 7. Denial, Suspension, and Revocation [44072 - 44072.11] ( Article 7 added by Stats. 1991, Ch. 386, Sec. 11. )

    Verify source ↗

    A guilty plea, verdict, or nolo contendere conviction counts as a conviction for this article, and the director may suspend, revoke, or refuse to issue a license after appeal is over or conviction is affirmed, including in some probation cases.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 7. Denial, Suspension, and Revocation [44072 - 44072.11] ( Article 7 added by Stats. 1991, Ch. 386, Sec. 11. ) ## 44072.3. A plea or verdict of guilty or a conviction following a plea of nolo contendere is a conviction within the meaning of this article. The director may order the license suspended or revoked or may decline to issue a license, when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal, or when an order granting probation is made suspending the imposition of sentence irrespective of a subsequent order under Section 1203.4 of the Penal Code allowing the person to withdraw a plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment. (Added by Stats. 1991, Ch. 386, Sec. 11.)
  195. 44072.4.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 7. Denial, Suspension, and Revocation [44072 - 44072.11] ( Article 7 added by Stats. 1991, Ch. 386, Sec. 11. )

    Verify source ↗

    The director may discipline a licensee after a hearing, including probation, suspension, or revocation of the license.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 7. Denial, Suspension, and Revocation [44072 - 44072.11] ( Article 7 added by Stats. 1991, Ch. 386, Sec. 11. ) ## 44072.4. The director may take disciplinary action against any licensee after a hearing as provided in this article by any of the following: (a) Imposing probation upon terms and conditions to be set forth by the director. (b) Suspending the license. (c) Revoking the license. (Added by Stats. 1991, Ch. 386, Sec. 11.)
  196. 44072.5.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 7. Denial, Suspension, and Revocation [44072 - 44072.11] ( Article 7 added by Stats. 1991, Ch. 386, Sec. 11. )

    Verify source ↗

    If a license suspension or revocation order becomes effective, the licensee must surrender the license to the director.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 7. Denial, Suspension, and Revocation [44072 - 44072.11] ( Article 7 added by Stats. 1991, Ch. 386, Sec. 11. ) ## 44072.5. Upon the effective date of any order of suspension or revocation of any license governed by this chapter, the licensee shall surrender the license to the director. (Added by Stats. 1991, Ch. 386, Sec. 11.)
  197. 44072.6.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 7. Denial, Suspension, and Revocation [44072 - 44072.11] ( Article 7 added by Stats. 1991, Ch. 386, Sec. 11. )

    Verify source ↗

    The director keeps jurisdiction over a licensee even if the license expires, is suspended, or is voluntarily surrendered.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 7. Denial, Suspension, and Revocation [44072 - 44072.11] ( Article 7 added by Stats. 1991, Ch. 386, Sec. 11. ) ## 44072.6. The expiration or suspension of a license by operation of law or by order or decision of the director or a court of law, or the voluntary surrender of a license by a licensee shall not deprive the director of jurisdiction to proceed with any investigation of, or action or disciplinary proceedings against, the licensee, or to render a decision suspending or revoking the license. (Added by Stats. 1991, Ch. 386, Sec. 11.)
  198. 44072.7.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 7. Denial, Suspension, and Revocation [44072 - 44072.11] ( Article 7 added by Stats. 1991, Ch. 386, Sec. 11. )

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    Accusations against licensees must be filed within 3 years of the alleged act or omission, with a 2-year filing window for certain Section 44072.2(d) fraud or misrepresentation accusations after bureau discovery.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 7. Denial, Suspension, and Revocation [44072 - 44072.11] ( Article 7 added by Stats. 1991, Ch. 386, Sec. 11. ) ## 44072.7. All accusations against licensees shall be filed within three years after the act or omission alleged as the ground for disciplinary action, except that with respect to an accusation alleging a violation of subdivision (d) of Section 44072.2, the accusation may be filed within two years after the discovery by the bureau of the alleged facts constituting the fraud or misrepresentation prohibited by that section. (Amended by Stats. 2001, Ch. 357, Sec. 5. Effective January 1, 2002.)
  199. 44072.8.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 7. Denial, Suspension, and Revocation [44072 - 44072.11] ( Article 7 added by Stats. 1991, Ch. 386, Sec. 11. )

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    If a license has been revoked or suspended after a hearing under this article, the director may also revoke or suspend any additional license issued under this chapter in the licensee’s name.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 7. Denial, Suspension, and Revocation [44072 - 44072.11] ( Article 7 added by Stats. 1991, Ch. 386, Sec. 11. ) ## 44072.8. When a license has been revoked or suspended following a hearing under this article, any additional license issued under this chapter in the name of the licensee may be likewise revoked or suspended by the director. (Added by Stats. 1991, Ch. 386, Sec. 11.)
  200. 44072.9.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 7. Denial, Suspension, and Revocation [44072 - 44072.11] ( Article 7 added by Stats. 1991, Ch. 386, Sec. 11. )

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    After a suspension, the director may reinstate the license if the applicant proves compliance with the reinstatement decision.

    ## Health and Safety Code - HSC ## DIVISION 26. AIR RESOURCES [39000 - 44475.3] ( Division 26 repealed and added by Stats. 1975, Ch. 957. ) ## PART 5. VEHICULAR AIR POLLUTION CONTROL [43000 - 44299.91] ( Part 5 added by Stats. 1975, Ch. 957. ) ## CHAPTER 5. Motor Vehicle Inspection Program [44000 - 44127] ( Chapter 5 added by Stats. 1982, Ch. 892, Sec. 2. ) ## ARTICLE 7. Denial, Suspension, and Revocation [44072 - 44072.11] ( Article 7 added by Stats. 1991, Ch. 386, Sec. 11. ) ## 44072.9. After suspension of the license upon any of the grounds set forth in this article, the director may reinstate the license upon proof of compliance by the applicant with all provisions of the decision as to reinstatement. After revocation of a license upon any of the grounds set forth in this article, the license shall not be reinstated or reissued within a period of one year after the effective date of revocation. (Added by Stats. 1991, Ch. 386, Sec. 11.)

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