PART 5. VEHICULAR AIR POLLUTION CONTROL [43000. - 44299.91.]
Part 5 added by Stats. 1975, Ch. 957.
§§ 43000–44299.91 · 416 sections
CHAPTER 1. General Provisions §§ 43000–43024.2 · 49 sections
- § 43000 The Legislature finds and declares as follows: (a) The emission of air pollutants from motor vehicles is the primary cause of air pollution in many parts of…
- § 43000.5 The Legislature further finds and declares as follows: (a) Despite the significant reductions in vehicle emissions which have been achieved in recent years,…
- § 43001 The provisions of this part shall not apply to: (a) Racing vehicles. (b) Motorcycles, except as otherwise provided in Section 43107. This section shall become…
- § 43002 No motor vehicle of historic interest shall be required to have any motor vehicle pollution control device, except for such devices that were required by this…
- § 43002.2 The state board shall waive the provisions of this division on a case-by-case basis for the purpose of allowing the importation of vehicles designed only for…
- § 43004 Except as otherwise provided in Section 43001, 43002, or 43005, the standards applicable under this part for exhaust emissions for gasoline-powered motor…
- § 43005 Section 43004 of this code, and Sections 4000.1 and 27156 of the Vehicle Code, shall not apply to a motor vehicle altered or modified to use a fuel other than…
- § 43006 The state board may certify the fuel system of any motor vehicle powered by a fuel other than gasoline or diesel which meets the standards specified by Section…
- § 43007 Whenever any motor vehicle is required to be equipped with any motor vehicle pollution control device by rules and regulations adopted by any district pursuant…
- § 43008 Except as provided by Sections 43100 and 43101 and Chapter 3 (commencing with Section 43600), all motor vehicles required pursuant to the National Emission…
- § 43008.5 In addition to the standards and test procedures adopted by the state board pursuant to Sections 43203.5 and 44201, the state board may adopt, by regulation,…
- § 43008.6 (a) Notwithstanding Section 43012, for the purpose of enforcing or administering Section 27156 of the Vehicle Code, the executive officer of the state board or…
- § 43009 Except as otherwise provided in Section 43002, every motor vehicle subject to this part shall meet the standards adopted by the state board pursuant to…
- § 43009.5 (a) If, based on a review of information derived from a statistically valid and representative sample of vehicles, the state board determines that a…
- § 43010 With respect to the program designed and adopted by the Department of Consumer Affairs pursuant to Chapter 20.4 (commencing with Section 9889.50) of Division 3…
- § 43011 (a) The state board shall establish criteria for the evaluation of the effectiveness of motor vehicle pollution control devices. After the establishment of…
- § 43011.5 (a) Every three years, the state board shall review its existing enforcement of diesel emission control regulations and anticipated enforcement needs for…
- § 43012 (a) For the purpose of enforcing or administering any federal, state, or local law, order, regulation, or rule relating to vehicular sources of emissions, the…
- § 43013 (a) The state board shall adopt and implement motor vehicle emission standards, in-use performance standards, and motor vehicle fuel specifications for the…
- § 43013.1 (a) The State Energy Resources Conservation and Development Commission, in consultation with, and the state board, shall develop a timetable for the removal of…
- § 43013.2 (a) (1) The Legislature finds and declares that variances from the state board’s gasoline specifications may be needed if gasoline producers cannot meet the…
- § 43013.3 Notwithstanding Section 43013.1, the Secretary for Environmental Protection may prohibit the use of methyl tertiary-butyl ether (MTBE) in motor vehicle fuel…
- § 43013.5 For purposes of implementing and enforcing Section 43020, the State Air Resources Board shall purchase and install a wavelength dispersive XRF spectrometer…
- § 43013.7 (a) Notwithstanding Section 43830.8, blends of gasoline containing 10.5 percent to 15 percent ethanol by volume may be sold in the state for use as a…
- § 43014 The state board may issue permits for the testing of experimental motor vehicle pollution control devices installed in used motor vehicles, or for the testing…
- § 43015 (a) The Air Pollution Control Fund is continued in existence in the State Treasury. Upon appropriation by the Legislature, the money in the fund shall be…
- § 43016 (a) (1) A person who violates any provision of this part, or any order, rule, or regulation of the state board adopted pursuant to this part, and for which…
- § 43017 The state board may enjoin any violation of any provision of this part, or of any order, rule, or regulation of the state board, in a civil action brought in…
- § 43018 (a) The state board shall endeavor to achieve the maximum degree of emission reduction possible from vehicular and other mobile sources in order to accomplish…
- § 43018.11 (a) (1) By July 1, 2022, the state board shall, consistent with federal law, adopt cost-effective and technologically feasible regulations to prohibit engine…
- § 43018.2 (a) The state board shall amend Sections 2449.1 and 2449.2 of Title 13 of the California Code of Regulations to do both of the following: (1) Modify the…
- § 43018.5 (a) No later than January 1, 2005, the state board shall develop and adopt regulations that achieve the maximum feasible and cost-effective reduction of…
- § 43018.7 If adopting or amending regulations to reduce motor vehicle cabin temperature in order to reduce greenhouse gas emissions, the state board shall consider all…
- § 43018.8 (a) For purposes of this section, “vehicle fleet” means 10 or more vehicles under common ownership or operation. (b) The state board, in consultation with…
- § 43018.9 (a) For purposes of this section, the following terms have the following meanings: (1) “Commission” means the State Energy Resources Conservation and…
- § 43019 The state board may adopt, by regulation, a schedule of annual fees for the certification, audit, compliance, and deficiencies of motor vehicles and engines…
- § 43019.1 (a) (1) The state board may adopt a schedule of fees to cover all or a portion of the state board’s reasonable costs associated with the certification, audit,…
- § 43019.2 The Certification and Compliance Fund is hereby created in the State Treasury. All moneys in the fund, upon appropriation by the Legislature, shall be expended…
- § 43019.3 The state board shall undertake a public process to review the existing procedures for exempting parts pursuant to Section 27156 of the Vehicle Code with the…
- § 43020 (a) Any person who knowingly violates any regulation adopted pursuant to this part by the state board pertaining to motor vehicle fuels is guilty of a…
- § 43021 (a) Except as provided in subdivision (b), the retirement, replacement, retrofit, or repower of a self-propelled commercial motor vehicle, as defined in…
- § 43021.5 In order to minimize the impact of the energy transition on the supply chains in the critical agricultural sector and ensure that disadvantaged communities…
- § 43022 (a) Prior to expending any funds for any research, development, or demonstration program or project relating to vehicles or vehicle fuels, the state board…
- § 43022.5 The state board shall select projects for zero-emission vehicle leases or purchases and zero-emission vehicle infrastructure for the purpose of implementing…
- § 43023 (a) As an alternative to seeking civil penalties under Chapter 1 (commencing with Section 43000) to Chapter 4 (commencing with Section 43800), inclusive, and…
- § 43023.5 (a) Districts with a population of one million residents or greater, in consultation with the state board, shall ensure that not less than 50 percent of the…
- § 43024 (a) No later than March 1, 2011, the state board shall publish a penalty policy for civil or administrative penalties prescribed under Chapter 1 (commencing…
- § 43024.1 (a) For purposes of this section, the following definitions apply: (1) “Glider kit” means either of the following: (A) A new vehicle that is incomplete because…
- § 43024.2 (a) (1) No later than January 1, 2021, and at least every five years thereafter, the state board, in consultation with the Department of Transportation, the…
CHAPTER 1.5. Penalties for Violation of Fuel Regulations §§ 43025–43031.5 · 8 sections
- § 43025 It is the intent of the Legislature in the enactment of this chapter to update the penalty provisions for violations of fuel regulations to ensure that the…
- § 43026 (a) For purposes of this section, “motor vehicle fuel distributor” means any person who (1) refines, blends, or otherwise produces motor vehicle fuel, or (2)…
- § 43027 The following civil penalties apply to the following acts not included within Section 43026: (a) Any person who willfully and intentionally violates any…
- § 43028 As an alternative to any civil penalties prescribed under this part, the state board may impose administrative civil penalties for a violation of this part, or…
- § 43029 In an action to recover civil penalties pursuant to subdivisions (b) and (c) of Section 43027, a proceeding to assess administrative civil penalties pursuant…
- § 43030 (a) For the penalties prescribed in Sections 43027 and 43028, each day during any portion of which a violation occurs is a separate offense. (b) In applying…
- § 43031 (a) The civil or administrative civil penalties prescribed in this chapter shall be assessed and recovered either in a civil action brought in the name of the…
- § 43031.5 The revenues from penalties recovered by the state board pursuant to this chapter shall be deposited in the Air Pollution Control Fund and shall only be…
CHAPTER 2. New Motor Vehicles §§ 43100–43215 · 40 sections
ARTICLE 1. General Provisions §§ 43100–43108 · 10 sections
- § 43100 The state board may certify new motor vehicles and new motor vehicle engines pursuant to this article.
- § 43101 (a) The state board shall adopt and implement emission standards for new motor vehicles for the control of emissions from new motor vehicles that the state…
- § 43101.5 The emission standards adopted by the state board pursuant to Section 43101 for the 1983 and later model-year motor vehicles shall be limited by the following:…
- § 43102 (a) No new motor vehicle or new motor vehicle engine shall be certified by the state board, unless the vehicle or engine, as the case may be, meets the…
- § 43104 For the certification of new motor vehicles or new motor vehicle engines, the state board shall adopt, by regulation, test procedures and any other procedures…
- § 43105 No new motor vehicle, new motor vehicle engine, or motor vehicle with a new motor vehicle engine required pursuant to this part to meet the emission standards…
- § 43105.5 (a) For all 1994 and later model-year motor vehicles equipped with on board diagnostic systems (OBD’s) and certified in accordance with the test procedures…
- § 43106 Each new motor vehicle or engine required pursuant to this part to meet the emission standards established pursuant to Section 43101 shall be, in all material…
- § 43107 (a) The state board may, by regulation, adopt emission standards for new 1977 and later model year motorcycles registered or identified by the Department of…
- § 43108 (a) In lieu of certification pursuant to Section 43102, the state board may certify a new motor vehicle designed for exclusive use as a schoolbus, or a new…
ARTICLE 1.5. Prohibited Transactions §§ 43150–43156 · 7 sections
- § 43150 The Legislature finds and declares that the people of this state, in order to achieve the purposes of this part, have a special interest in assuring that only…
- § 43151 (a) A person shall not offer for sale, introduce into commerce, import, deliver, purchase, rent, lease, acquire, or receive a new motor vehicle, new motor…
- § 43152 No person who is engaged in this state in the business of selling to an ultimate purchaser, or renting or leasing new motor vehicles or new motor vehicle…
- § 43153 No person who is engaged in this state in the business of selling to an ultimate purchaser or renting or leasing new motor vehicles or new motor vehicle…
- § 43154 (a) (1) A person who violates any provision of this article shall be subject to a civil penalty not to exceed thirty-seven thousand five hundred dollars…
- § 43155 An action brought pursuant to Section 43154 to recover such civil penalties shall take special precedence over all other civil matters on the calendar of the…
- § 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…
ARTICLE 2. Manufacturers and Dealers §§ 43200–43215 · 23 sections
- § 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…
- § 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…
- § 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…
- § 43201 Any dealer or person holding a retail seller’s permit who sells a new motor vehicle without the decal required by Section 43200 shall be subject to a civil… see note
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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.…
- § 43215 (a) For purposes of this section, both of the following definitions apply: (1) “California-headquartered zero-emission vehicle company” means a corporation or…
CHAPTER 3. Used Motor Vehicles §§ 43600–43707 · 39 sections
ARTICLE 1. Device Certification §§ 43600–43646 · 20 sections
- § 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…
- § 43601 The state board shall certify exhaust devices for 1955 through 1965 model year motor vehicles.
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 43641 Proceedings to review the denial of an application for certification or exemption, or proceedings to revoke, suspend, or restrict a certification previously…
- § 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…
- § 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,…
- § 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…
- § 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…
- § 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…
ARTICLE 2. Certified Device Installation §§ 43650–43660 · 12 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 43655 (a) The state board shall adopt, by regulation, schedules of installation of certified devices to control exhaust emissions for purposes of Section 43652,…
- § 43656 The state board may exempt from any schedule of installation adopted pursuant to Section 43654 or 43655: (a) Motor vehicles or classifications or…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
ARTICLE 3. Heavy-Duty Motor Vehicles §§ 43700–43704 · 5 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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).
ARTICLE 4. Smog Index Decals §§ 43706–43707 · 2 sections
- § 43706 (a) The state board shall petition the Federal Trade Commission, pursuant to Part 455 of Title 16 of the Code of Federal Regulations, for a limited exemption…
- § 43707 This article shall become inoperative five years from the date determined pursuant to Section 32 of the act adding this article, and on the January 1 following…
CHAPTER 4. Miscellaneous §§ 43800–43871 · 34 sections
ARTICLE 1. Low-Emission Motor Vehicles §§ 43800–43806 · 7 sections
- § 43800 As used in this article, “low-emission motor vehicle” means a motor vehicle which has been certified by the state board to meet all applicable emission… see note
- § 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…
- § 43802 Low-emission motor vehicles shall be submitted to the state board for testing to determine if such vehicle meets the standard set forth in Section 43800. see note
- § 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…
- § 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…
- § 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…
- § 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…
ARTICLE 1.5. Energy-Efficient Vehicle Group Purchase Program §§ 43810–43813 · 4 sections
- § 43810 This article shall be known, and may be cited as, the California Energy-Efficient Vehicle Group Purchase Program.
- § 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…
- § 43812 For the purposes of this article, the following definitions apply: (a) “Department” means the Department of General Services. (b) “Director” means the Director…
- § 43813 (a) There is established in the Department of General Services an energy-efficient vehicle group purchase program. The department shall negotiate the lowest…
ARTICLE 2. Fuel System Evaporative Loss Control Devices §§ 43820–43824 · 4 sections
- § 43820 The state board shall adopt, by regulation, criteria for the certification of fuel system evaporative loss control devices for installation on motor vehicles…
- § 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…
- § 43823 The installation of a certified fuel system evaporative loss control device on used motor vehicles shall not be mandated except by statute.
- § 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…
ARTICLE 3. Fuel and Fuel Tanks §§ 43830–43835 · 8 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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,…
ARTICLE 4. Alcohol Fueled Motor Vehicles §§ 43840–43844 · 3 sections
- § 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…
- § 43843 (a) The state board, in consultation with the State Energy Resources Conservation and Development Commission, shall establish and conduct, until January 1,… see note
- § 43844 Fuels used in vehicles participating in the methanol-gasoline experimental vehicle fleet program shall not be required to comply with the standards established…
ARTICLE 5. Employee Parking § 43845 · 1 section
- § 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)…
ARTICLE 6.5. Alternative Fuels §§ 43865–43871 · 7 sections
- § 43865 The Legislature finds and declares all of the following: (a) The production, marketing, and use of petroleum fuels in California causes significant degradation…
- § 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…
- § 43867 For the purposes of this article, the following terms have the following meanings: (a) “Alternative fuel” means a nonpetroleum fuel, including electricity,…
- § 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…
- § 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…
- § 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…
- § 43871 (a) The State Energy Resources Conservation and Development Commission, in consultation with the state board and the Public Utilities Commission, shall prepare…
CHAPTER 5. Motor Vehicle Inspection Program §§ 44000–44127 · 132 sections
ARTICLE 1. General §§ 44000–44005 · 12 sections
- § 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…
- § 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…
- § 44000.5 (a) The Legislature further finds and declares that the motor vehicle inspection and maintenance program implemented under this chapter has, since 1984,…
- § 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…
- § 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…
- § 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…
- § 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…
- § 44002 The department shall have the sole and exclusive authority within the state for developing and implementing the motor vehicle inspection program in accordance…
- § 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…
- § 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…
- § 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… see note
- § 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…
ARTICLE 2. Program Requirements §§ 44010–44025 · 31 sections
- § 44010 The motor vehicle inspection program shall provide for privately operated stations which shall be referred to as smog check stations and are authorized…
- § 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…
- § 44011 (a) All motor vehicles powered by internal combustion engines that are registered within an area designated for program coverage shall be required biennially…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 44013 (a) (1) The department, in cooperation with the state board, shall prescribe maximum emission standards to be applied in inspecting motor vehicles under this… see note
- § 44013.5 (a) If the department, in consultation with the state board, determines that substantial demand for emission retrofit devices exists, the department shall…
- § 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…
- § 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…
- § 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…
- § 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…
- § 44014.6 (a) The inspection-based performance standards created for the certification program established pursuant to subdivision (a) of Section 44014.2 and subdivision…
- § 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…
- § 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…
- § 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…
- § 44016 The department shall, with the cooperation of the state board and after consultation with the motor vehicle manufacturers and representatives of the service…
- § 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…
- § 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)…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 44025 The department shall act as a clearinghouse to provide access to the vendors who possess service information generated by the vehicle manufacturers.
ARTICLE 3. Quality Assurance §§ 44030–44045.6 · 23 sections
- § 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…
- § 44030.5 The department shall develop standards for certification of institutions and instructors for purposes of providing training of smog check mechanics. The…
- § 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…
- § 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…
- § 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…
- § 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…
- § 44034.1 The department may impose an examination fee, sufficient to recover the reasonable cost of administering, developing, and updating the examination, for initial…
- § 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…
- § 44036 (a) The consumer protection-oriented quality assurance portion of the motor vehicle inspection program shall ensure uniform and consistent tests and repairs by…
- § 44036.1 The department may require that equipment manufacturers, submitting equipment for certification pursuant to Section 44036, submit proof of financial security,…
- § 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…
- § 44036.3 (a) The department shall direct licensed smog check stations and technicians to private diagnostic assistance service information vendors or intermediaries who…
- § 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…
- § 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…
- § 44037 (a) The department shall compile and maintain records, using the sampling methodology necessary to ensure their scientific validity and reliability, of tests…
- § 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…
- § 44037.2 (a) The department may enter into a contract for telecommunication, programming, data analysis, data processing, and other services necessary to operate and…
- § 44038 Until implementation of the centralized computer data base required pursuant to Section 44037.1, each smog check station shall transmit vehicle data and…
- § 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…
- § 44040 The department may require certificates of compliance, certificates of noncompliance, and repair cost waivers to contain a unique number encoded in bar code.…
- § 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…
- § 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,…
- § 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…
ARTICLE 4. Penalties §§ 44050–44059 · 8 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
ARTICLE 5. Financial Provisions §§ 44060–44063 · 8 sections
- § 44060 (a) The department shall prescribe the form of the certificate of compliance or noncompliance, repair cost waivers, and economic hardship extensions. (b) The…
- § 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…
- § 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…
- § 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…
- § 44062.1 (a) The department shall offer a repair assistance program through entities authorized to perform referee functions. (b) (1) The repair assistance program…
- § 44062.2 (a) The state board shall adopt, by regulation, procedures to establish an emissions credit exchange program whereby persons may contribute to the Vehicle… see note
- § 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…
- § 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…
ARTICLE 6. Public Information §§ 44070–44071 · 3 sections
- § 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…
- § 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…
- § 44071 For purposes of implementing the smog check public awareness and emissions warranty information programs, the department shall use funds from the fee charged…
ARTICLE 7. Denial, Suspension, and Revocation §§ 44072–44072.11 · 12 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
ARTICLE 8. Gross Polluters §§ 44080–44086 · 6 sections
- § 44080 The Legislature finds and declares as follows: (a) California’s air is the most polluted in the nation and the largest source of that pollution is automobiles.…
- § 44081 (a) (1) The department, in cooperation with the state board, shall institute procedures for auditing the emissions of vehicles while actually being driven on…
- § 44081.6 (a) The California Environmental Protection Agency, the state board, and the department, in cooperation with, and with the participation of, the Environmental…
- § 44084 In addition to other programs authorized in this article, a district may, on or after March 1, 1993, establish programs to identify gross polluters and other…
- § 44085 Districts may establish procedures to generate marketable emission reduction credits from programs established pursuant to Section 44084. Emission reduction…
- § 44086 Each district shall, in establishing, reviewing, or updating the plan required by Chapter 10 (commencing with Section 40910) of Part 3, consider the relative…
ARTICLE 9. Repair or Removal of High Polluters §§ 44090–44096 · 9 sections
- § 44090 For purposes of this article, the following terms have the following meanings: (a) “Account” means the High Polluter Repair or Removal Account created pursuant…
- § 44091 (a) The High Polluter Repair or Removal Account is hereby created in the Vehicle Inspection and Repair Fund. All money deposited in the account pursuant to…
- § 44091.1 (a) Revenue from the fee specified in subparagraph (A) or (C) of paragraph (1) of subdivision (d) of Section 44060 shall be allocated as follows: (1) The…
- § 44091.2 It is the intent of the Legislature that if the impact fee imposed pursuant to Section 6262 of the Revenue and Taxation Code is ruled unconstitutional by an…
- § 44092 The high-polluter repair or removal program shall be designed to repair or remove motor vehicles registered in this state that are subject to an inspection and…
- § 44093 The repair of high polluters under the program shall be designed to offer repair cost assistance to qualified low-income motor vehicle owners for vehicles that…
- § 44094 (a) Participation in the high polluter repair or removal program specified in this article and Article 10 (commencing with Section 44100) shall be voluntary…
- § 44095 (a) The department shall administer the program in accordance with regulations adopted by the department. (b) (1) Nothing in this article shall be construed as…
- § 44096 (a) The state board shall review and assess the potential cost-effectiveness, in terms of dollars per ton of emissions reduced, of emissions reduction devices…
ARTICLE 10. Accelerated Light-Duty Vehicle Retirement Program §§ 44100–44122 · 14 sections
- § 44100 The Legislature hereby finds and declares as follows: (a) Emission reduction programs based on market principles have the potential to provide equivalent or…
- § 44101 Not later than December 31, 1998, the state board shall adopt, by regulation, a statewide program to commence in 1999 that does all of the following: (a)…
- § 44102 (a) The state board, the Department of Motor Vehicles, and the department shall harmonize the requirements and implementation of this program with the motor…
- § 44103 Notwithstanding any other provision of law, the program shall also do both of the following: (a) Authorize the Department of Motor Vehicles, at the request of…
- § 44104 (a) Funds shall be available to the state board from the High Polluter Repair or Removal Account created pursuant to subdivision (a) of Section 44091. Those…
- § 44104.5 (a) The regulations adopted pursuant to subdivision (a) of Section 44101 shall include a plan to guide the execution of the first two years of the program, to…
- § 44105 The regulations shall specify that the program shall be operated as a privately operated program under the oversight of a state agency to be designated by the…
- § 44106 The program shall include provisions for monitoring and preventing all forms of tampering or other forms of cheating, and shall effectively address “avoidance…
- § 44107 The program shall discourage tampering and other forms of cheating, and effectively address “avoidance vehicles,” such as nonregistered vehicles and vehicles…
- § 44109 The program shall include appropriate means to solicit vehicle owners, including mass mailings, media advertising, news coverage, and direct mail to owners of…
- § 44115 The program shall ensure that vehicle purchase transactions are convenient to vehicle owners, including advance screening to reasonably assure that vehicles…
- § 44120 Vehicle disposal under the program shall be consistent with appropriate state board guidance and provisions of the Vehicle Code dealing with vehicle disposal…
- § 44121 The state board shall develop standards for the certification and use of emission reduction credits to ensure that the credits are real, surplus, and…
- § 44122 Emission reductions achieved from retired vehicles shall be quantified as follows: (a) Vehicle emissions shall be based on either direct testing, statistical…
ARTICLE 11. Enhanced Fleet Modernization Program §§ 44124–44127 · 6 sections
- § 44124 For purposes of this article, the following terms have the following meanings: (a) “Car sharing” has the same meaning as in Section 44258. (b) “Clean Cars 4…
- § 44124.5 (a) The Clean Cars 4 All Program is hereby established and is to be administered by the state board to focus on achieving reductions in the emissions of…
- § 44125 (a) (1) No later than July 1, 2009, the state board, in consultation with the bureau, shall adopt a program to commence on January 1, 2010, that allows for the…
- § 44125.5 Beginning no later than July 1, 2019, and every year thereafter, the state board, for both the program and Clean Cars 4 All, shall collect and post on its…
- § 44126 The Enhanced Fleet Modernization Subaccount is hereby created in the High Polluter Repair or Removal Account. All moneys deposited in the subaccount shall be…
- § 44127 (a) Upon appropriation by the Legislature, the state board may allocate moneys for the expansion of the replacement component or mobility option component of…
CHAPTER 5.5. Heavy-Duty Vehicle Inspection and Maintenance Program §§ 44150–44158 · 5 sections
- § 44150 For purposes of this chapter, “program” means the Heavy-Duty Vehicle Inspection and Maintenance Program established pursuant to Section 44152.
- § 44152 (a) No later than two years after the completion of the pilot program required by Section 44156 and to the extent authorized by federal law, the state board,…
- § 44154 (a) (1) The state board shall assess a compliance fee, not to exceed thirty dollars ($30), to fund the reasonable costs of implementing the program. A fee…
- § 44156 (a) In order to implement the program, the state board, in consultation with the bureau, the Department of Transportation, the Department of Motor Vehicles,…
- § 44158 At least 60 days prior to the first hearing of the state board considering the adoption of any rules or regulations first implementing the program, the state…
CHAPTER 6. Used Direct Import Vehicles §§ 44200–44210 · 10 sections
- § 44200 For purposes of this chapter, “used direct import vehicle” means any 1975 or later model-year direct import vehicle not required to be certified as a new…
- § 44201 The state board shall adopt, by regulation, a certification program for used direct import vehicles. The state board shall issue a certificate of conformance…
- § 44202 A used direct import vehicle which was not registered in this state prior to the adoption of regulations adopted pursuant to Section 44201, may not be…
- § 44203 The certification program established pursuant to Section 44201 shall require all of the following components: (a) A test of the vehicle’s emissions performed…
- § 44204 The state board may perform a confirmatory test of the vehicle’s emissions prior to issuance of a certificate of conformity.
- § 44205 The state board shall adopt regulations prescribing the requirements for any laboratory seeking approval as a state-licensed laboratory for purposes of this…
- § 44207 A laboratory’s license may be suspended or revoked by the state board, after a hearing, for failure to meet the requirements of licensing established in…
- § 44208 The state board may, by regulation, impose fees for the licensing of laboratories and for the issuance of certificates of conformity to recover the state…
- § 44209 Any person who falsifies any test record or report which has been submitted to any other person, the department, or the state board pursuant to this chapter is…
- § 44210 The requirements of Section 44202 do not apply to any motor vehicle having a certificate of conformity issued by the federal Environmental Protection Agency…
CHAPTER 7. District Fees to Implement the California Clean Air Act §§ 44220–44244.1 · 16 sections
- § 44220 The Legislature hereby finds and declares as follows: (a) This chapter is intended to ensure that any county air pollution control district, or unified or…
- § 44223 (a) In addition to any other fees specified in this code, the Vehicle Code, and the Revenue and Taxation Code, a district, except the Sacramento district, may…
- § 44225 (a) A district may increase the fee established under Section 44223 to up to six dollars ($6). A district may increase the fee only if both of the following…
- § 44227 Upon request of a district, the Department of Motor Vehicles shall collect the fees established pursuant to Sections 44223 and 44225 upon renewal of the…
- § 44229 (a) After deducting all administrative costs it incurs through collection of fees pursuant to Section 44227, the Department of Motor Vehicles shall distribute…
- § 44231 After consulting with the Department of Motor Vehicles on the feasibility thereof, a district board may exempt from all or part of the fee any category of…
- § 44233 Not more than 6.25 percent of the fees distributed to any district pursuant to Section 44229, or distributed by a district to any other public agency pursuant…
- § 44235 A district shall not use fees established under Sections 44223 and 44225 for the purpose of establishing or maintaining the district as a direct provider of…
- § 44236 A district may allocate funds raised by fees established under Sections 44223 and 44225 to meet the requirements of Section 65089 of the Government Code, if…
- § 44237 A district may use fees established under Sections 44223 and 44225 to enter into an agreement with a council of governments, regional agency, or local agency…
- § 44241 (a) Fee revenues generated under this chapter in the bay district shall be subvened to the bay district by the Department of Motor Vehicles after deducting its…
- § 44241.5 The bay district board shall hold an annual public hearing to review the expenditure of revenues received by the bay district pursuant to Section 44241 to…
- § 44242 (a) Any agency which receives funds pursuant to Section 44241 shall, at least once every two years, undertake an audit of each program or project funded. The…
- § 44243 Fee revenues generated under this chapter in the south coast district shall be subvened to the south coast district by the Department of Motor Vehicles, after…
- § 44244 (a) There is hereby created a regional Mobile Source Air Pollution Reduction Review Committee. The committee shall be comprised of one representative from each…
- § 44244.1 (a) Any agency which receives fee revenues pursuant to Section 44243 or 44244 shall, at least once every two years, be subject to an audit of each program or…
CHAPTER 8. Smog Index Numbers §§ 44250–44257 · 6 sections
- § 44250 The Legislature hereby finds and declares as follows: (a) Existing programs to ensure that new motor vehicles sold in California emit less pollution may not be…
- § 44251 (a) The state board shall specify smog index numbers for new light-duty passenger vehicles and light-duty trucks with a gross vehicle weight up to 6,000 pounds…
- § 44252 The state board, in consultation with the bureau, shall establish smog index numbers for classes or categories of vehicles that may be modified by the use of…
- § 44253 If the Environmental Protection Agency adopts a system that provides for the assignment of one or more index numbers to vehicles in a manner, and for purposes,…
- § 44254 (a) The state board shall publish the smog index numbers in a form that is convenient for use by the Department of Motor Vehicles, the bureau, vehicle owners,…
- § 44257 This chapter shall become inoperative five years from the date determined pursuant to Section 32 of the act adding this chapter, and on the January 1 following…
CHAPTER 8.5. Clean Car Incentive Program Requirements §§ 44258–44258.7 · 4 sections
- § 44258 For purposes of this chapter, the following terms have the following meanings: (a) “Car sharing” means a model of vehicle rental where users can rent vehicles…
- § 44258.4 (a) Any moneys utilized pursuant to this chapter from the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8 of the Government Code, shall be…
- § 44258.5 (a) For the purposes of this section, the following terms mean the following: (1) “Local publicly owned electric utility” has the same meaning as defined in…
- § 44258.7 (a) For purposes of this section, the following definitions apply: (1) “Mobility option” has the same meaning as defined in Section 44124. (2) “Zero-emission…
CHAPTER 8.6. Zero-Emission Vehicle Grants §§ 44260–44265 · 5 sections
- § 44260 The state board, in conjunction with the State Energy Resources Conservation and Development Commission, shall develop and administer a program to provide…
- § 44261 (a) The maximum available grant for any qualified recipient, as determined by the state board, shall be an amount equal to 90 percent of the incremental cost…
- § 44262 Grants made pursuant to this chapter shall be distributed in the following manner, in amounts as determined by the state board: (a) Up to three thousand…
- § 44263 In order to be eligible to receive a grant under this chapter, a zero-emission vehicle shall meet all of the following criteria: (a) Be purchased on or leased…
- § 44265 (a) The grant program described in this chapter may be administered by a local air management district or air pollution control district on a voluntary basis.…
CHAPTER 8.7. Electric Vehicle Charging Stations Open Access Act §§ 44268–44268.4 · 3 sections
- § 44268 As used in this chapter, the following terms have the following meanings: (a) “Battery” means an electrochemical energy storage system powered directly by…
- § 44268.2 (a) (1) Persons desiring to use an electric vehicle charging station that requires payment of a fee shall not be required to pay a subscription fee in order to…
- § 44268.4 (a) Except as provided in subdivision (b), this chapter shall be implemented and enforced by the commission. (b) Until the commission adopts regulations…
CHAPTER 8.8. Electric Vehicles §§ 44269–44269.2 · 3 sections
- § 44269 For purposes of this chapter, the following definitions apply, unless updated pursuant to Section 44269.1: (a) “Battery electric vehicle” means a vehicle that…
- § 44269.1 (a) The board may periodically update the definitions for both of the following terms provided in Section 44269 to ensure that the definitions align with…
- § 44269.2 (a) (1) The commission, in consultation with the board and the Public Utilities Commission, may require any weight class of battery electric vehicle to be…
CHAPTER 8.9. California Alternative and Renewable Fuel, Vehicle Technology, Clean Air, and Carbon Reduction Act of 2007 §§ 44270–44274.15 · 23 sections
ARTICLE 1. General Provisions §§ 44270–44271.5 · 4 sections
- § 44270 This chapter shall be known, and may be cited, as the California Alternative and Renewable Fuel, Vehicle Technology, Clean Air, and Carbon Reduction Act of…
- § 44270.3 (a) For the purposes of this chapter, the following terms have the following meanings: (1) “Benefit-cost score,” for the Clean Transportation Program created…
- § 44271 (a) This chapter creates the Clean Transportation Program, pursuant to Section 44272, to be administered by the commission, and the Air Quality Improvement…
- § 44271.5 The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other…
ARTICLE 2. Clean Transportation Program §§ 44272–44273 · 8 sections
- § 44272 (a) The Clean Transportation Program is hereby created. The program shall be administered by the commission. The commission shall implement the program by…
- § 44272.1 (a) On and after January 1, 2025, the commission shall expend at least 50 percent of the moneys appropriated to the Clean Transportation Program on programs…
- § 44272.2 (a) A project, including a workforce development or training project, that develops instate production of raw materials and the manufacturing supply chain for…
- § 44272.3 (a) It is the intent of the Legislature that, to the maximum extent feasible, loan moneys provided by the state to refiners of biofuels, also known as… see note
- § 44272.5 (a) The commission shall develop and adopt an investment plan to determine priorities and opportunities for the Clean Transportation Program created pursuant…
- § 44272.6 By January 1, 2026, the State Energy Resources Conservation and Development Commission, in consultation with the State Air Resources Board and the Department…
- § 44272.7 (a) On or before March 15, 2011, and each January thereafter concurrent with the submittal of the Governor’s Budget, the commission shall submit a draft update…
- § 44273 (a) The Alternative and Renewable Fuel and Vehicle Technology Fund is hereby created in the State Treasury, to be administered by the commission. The moneys in…
ARTICLE 3. The Air Quality Improvement Program §§ 44274–44274.7 · 5 sections
- § 44274 (a) The Air Quality Improvement Program is hereby created. The program shall be administered by the state board, in consultation with the districts. The state…
- § 44274.4 (a) For purposes of this section, the following terms have the following meanings: (1) “California Clean Miles Standard and Incentive Program” means the…
- § 44274.5 The Air Quality Improvement Fund is hereby created in the State Treasury, to be administered by the state board. The moneys in the Air Quality Improvement…
- § 44274.6 (a) For purposes of this section, the following definitions apply: (1) “Low income” means a resident of the state whose household income is less than or equal…
- § 44274.7 (a) Notwithstanding any other provision of this chapter, funds appropriated by the Legislature to the state board from the Air Quality Improvement Fund in the…
ARTICLE 4. Medium- and Heavy-Duty Zero-Emission Vehicle Fleet Purchasing Assistance Program §§ 44274.10–44274.15 · 6 sections
- § 44274.10 For purposes of this article, the following definitions apply: (a) “Financing tools” includes, but is not limited to, any of the following: (1) Capital…
- § 44274.11 The Medium- and Heavy-Duty Zero-Emission Vehicle Fleet Purchasing Assistance Program is hereby established within the state board’s Air Quality Improvement…
- § 44274.12 (a) The state board shall do all of the following when developing and implementing the program: (1) Seek input from environmental justice organizations,…
- § 44274.13 (a) In implementing the program, the state board, shall develop a data collection and dissemination strategy for the program to facilitate informed…
- § 44274.14 The state board shall consult with the State Energy Resources Conservation and Development Commission and the Public Utilities Commission on the use of on-bill…
- § 44274.15 The state board shall create, in coordination with other state agencies that administer programs similar to the program established in Section 44274.11, a…
CHAPTER 9. Carl Moyer Memorial Air Quality Standards Attainment Program §§ 44275–44299.2 · 21 sections
ARTICLE 1. Definitions § 44275 · 1 section
- § 44275 (a) As used in this chapter, the following terms have the following meanings: (1) [Reserved] (2) “Btu” means British thermal unit. (3) “Commission” means the…
ARTICLE 2. Program Introduction § 44280 · 1 section
- § 44280 (a) There is hereby created the Carl Moyer Memorial Air Quality Standards Attainment Program. The program shall be administered by the state board in…
ARTICLE 3. Eligible Projects and Applicants § 44281 · 1 section
- § 44281 (a) Eligible projects include, but are not limited to, any of the following: (1) Purchase of new very low or zero-emission covered vehicles or covered…
ARTICLE 4. General Eligibility Criteria §§ 44282–44282.5 · 2 sections
- § 44282 The following criteria apply to all projects to be funded through the program except for projects funded through the infrastructure demonstration program and…
- § 44282.5 (a) An off-road project that involves farm equipment shall be deemed to have a minimum project life of at least 10 years. (b) A grant may be awarded for a…
ARTICLE 5. Cost-Effectiveness Criteria § 44283 · 1 section
- § 44283 (a) (1) For all projects funded pursuant to this chapter, except for an infrastructure project described in subdivision (c) of Section 44281, the following…
ARTICLE 6. Infrastructure Demonstration Project § 44284 · 1 section
- § 44284 (a) In order to provide sufficient support for low-emission vehicle projects at the start of the program, the commission shall administer a demonstration…
ARTICLE 7. Advanced Technology Development § 44285 · 1 section
- § 44285 (a) From time to time, the commission shall issue specific requests for proposals (RFPs) or program opportunity notices (PONs) for technology proposals to be…
ARTICLE 8. Program Administration: General §§ 44286–44287.2 · 4 sections
- § 44286 (a) The responsibilities of the state board include management of program funds and program oversight. The state board is responsible for producing guidelines,…
- § 44287 (a) The state board shall establish or update grant criteria and guidelines consistent with this chapter for covered vehicle and infrastructure projects as…
- § 44287.1 (a) The state board shall, at its first opportunity, revise the grant criteria and guidelines adopted pursuant to Section 44287 to incorporate projects in…
- § 44287.2 (a) By July 1, 2017, the state board shall revise project grant criteria and guidelines pursuant to Section 44287 to allow funds from federal, state, and local…
ARTICLE 9. Program Administration: Application Evaluation and Program Outreach §§ 44288–44290 · 2 sections
- § 44288 (a) An application for a project grant shall be reviewed by the administering district immediately upon receipt. If the administering district determines that…
- § 44290 The state board and participating districts shall institute an outreach program to inform potential participants, technology suppliers, vendors, engine and…
ARTICLE 10. Monitoring § 44291 · 1 section
- § 44291 (a) The state board shall assist districts with developing procedures to monitor whether the emission reductions projected in successful grant applications are…
ARTICLE 11. Reporting §§ 44295–44295.5 · 2 sections
- § 44295 (a) Not later than March 1, 2001, and each March 1 thereafter, through March 1, 2003, the state board in cooperation with participating districts, and assisted…
- § 44295.5 Beginning January 1, 2023, any program funded by the Carl Moyer Memorial Air Quality Standards Attainment Program that provides grants, loans, vouchers, or…
ARTICLE 12. Disposition of Funds § 44296 · 1 section
- § 44296 (a) All program funds shall be encumbered prior to January 1, 2002. No grants shall be made by districts using money reserved within the fund after that date,…
ARTICLE 13. Heavy-Duty Fleet Modernization Projects § 44297 · 1 section
- § 44297 (a) The state board, acting within its existing authority, shall, at its first opportunity following January 1, 2005, revise the grant criteria and guidelines…
ARTICLE 14. Funds §§ 44299.1–44299.2 · 2 sections
- § 44299.1 (a) To ensure that emission reductions are obtained as needed from pollution sources, any moneys deposited in the fund for use by the program or appropriated…
- § 44299.2 Funds shall be allocated to districts, and shall be subject to administrative terms and conditions as follows: (a) Available funds shall be distributed to…
CHAPTER 9.5. Sacramento Emergency Clean Air and Transportation Program §§ 44299.50–44299.55 · 6 sections
- § 44299.50 As used in this chapter, the following terms have the following meanings: (a) “Advanced introduction costs” means the costs of the project less a baseline cost…
- § 44299.51 There is hereby created the Sacramento Emergency Clean Air and Transportation Program. The program shall be administered by SACOG. The implementation of the…
- § 44299.52 (a) Eligible projects may include, but shall not be limited to, any of the following: (1) Purchase of new very low- or zero-emission covered vehicles or…
- § 44299.53 (a) Funds to implement the program shall be provided from the amount allocated from the Traffic Congestion Relief Fund for the purposes of paragraph (118) of…
- § 44299.54 On or before January 10, 2001, the executive officer of the state board shall make a determination as to the eligibility of NO x retrofit technologies for use…
- § 44299.55 All emissions reductions and credits achieved as a result of programs initiated under this chapter shall be used to fulfill local and regional commitments to…
CHAPTER 9.7. San Joaquin Valley Emergency Clean Air Attainment Program §§ 44299.75–44299.79 · 5 sections
- § 44299.75 As used in this chapter, the following terms have the following meanings: (a) “Advanced introduction costs” means the costs of the project, less a baseline…
- § 44299.76 (a) There is hereby created the San Joaquin Valley Emergency Clean Air Attainment Program. The program shall be administered and implemented by the district.…
- § 44299.77 (a) Eligible projects may include, but shall not be limited to, any of the following: (1) Purchase of new very low- or zero-emission covered vehicles or…
- § 44299.78 (a) Funds to implement the program shall be provided from the amount allocated from the Traffic Congestion Relief Fund for the purposes of paragraph (100) of…
- § 44299.79 On or before January 10, 2001, the executive officer of the state board shall make a determination as to the eligibility of NOx retrofit technologies for use…
CHAPTER 9.8. The California Port Community Air Quality Program §§ 44299.80–44299.85 · 4 sections
- § 44299.80 As used in this chapter, the following terms have the following meanings: (a) “Advanced introduction cost” means the cost of a project less a baseline cost…
- § 44299.81 (a) The California Port Community Air Quality Program is hereby established in the Bay Area Air Quality Management District and the South Coast Air Quality…
- § 44299.82 (a) A district shall determine the projects eligible for grants within that district. Those projects may include, but are not limited to, any of the following:…
- § 44299.85 (a) A district may include any reduction in PM emissions that result from the implementation of the program in any state implementation plan, or revision of…
CHAPTER 10. California Clean Schoolbus Program §§ 44299.90–44299.91 · 3 sections
- § 44299.90 The Legislature finds and declares as follows: (a) Diesel emissions from schoolbuses contribute to significant health and safety risk to children, cause air…
- § 44299.901 (a) As used in this chapter and in Chapter 12.49 (commencing with Section 8879.20) of Division 1 of Title 2 of the Government Code, the following terms have…
- § 44299.91 Of the funds appropriated pursuant to Item 3900-001-6053 of Section 2.00 of the Budget Act of 2007, the State Air Resources Board shall allocate the funds in…