reglab/statecodes huggingface dataset:
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 1 - General Provisions › Section 43018.8.

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 stakeholders, including, but not limited to, the Institutes of Transportation Studies of the University of California, shall review all state board programs affecting the adoption of light-duty, medium-duty, and heavy-duty zero-emission vehicles in the state and report to the Legislature no later than July 1, 2019, with policy recommendations for increasing the use of those vehicles for vehicle fleet use and on a general-use basis in the state. Specifically, the report shall include a review of the state board’s zero-emission vehicle programs, including the specific greenhouse gas or air quality improvement goal for each program; the status of each program with respect to meeting the respective goals for each program; a cost-benefit analysis of each program; and, to the extent feasible, a comparison of the state board’s zero-emission vehicle programs with other states’ and countries’ zero-emission vehicle programs. Based on this information, the report shall also make recommendations on how to maximize the effectiveness of existing programs to expand the use of these vehicles in vehicle fleet use and on a general-use basis in the most cost-effective manner possible that achieves the greatest reduction in greenhouse gas emissions and maximizes improvements to air quality.
(c) The state board shall consider public comments on a draft report of its policy recommendations prepared pursuant to subdivision (b) at a public hearing held at least 30 days before the state board submits the report to the Legislature. The state board may modify the draft report in response to comments received at the public hearing and any other feedback on the draft report provided to the state board.
(d) The state board shall also include in the report recommendations as to how vehicle fleet operators can increase the number of zero-emission vehicles in vehicle fleet use.
(e) The state board, in preparing the report, shall take into account the results of the study required by Section 48 of Chapter 5 of the Statutes of 2017.
(f) A report to be submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.
(Added by Stats. 2017, Ch. 628, Sec. 2. (SB 498) Effective January 1, 2018.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 1 - General Provisions › Section 43019.

43019. The state board may adopt, by regulation, a schedule of annual fees for the certification, audit, and compliance of motor vehicles and engines sold in the state to cover the state board’s reasonable costs of implementing the certification, audit, and compliance programs as authorized or required under the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500)) or this part related to mobile sources. The fee shall be paid by an entity seeking that certification. The fee shall be in an amount sufficient to cover the state board’s reasonable costs in implementing those state programs, including any administrative costs and may be adjusted by the annual change in the California Consumer Price Index, as determined pursuant to Section 2212 of the Revenue and Taxation Code, for the preceding year. The fees collected by the state board pursuant to this section shall be deposited in the Certification and Compliance Fund created pursuant to Section 43019.2 and shall solely be used to cover the state board’s reasonable costs of implementing the certification, audit, and compliance programs as authorized or required under the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500)) or this part related to mobile sources.
(Amended by Stats. 2019, Ch. 31, Sec. 15. (SB 85) Effective June 27, 2019.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 1 - General Provisions › Section 43019.1.

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, and compliance of off-road or nonvehicular engines and equipment, aftermarket parts, and emissions control components sold in the state, as authorized pursuant to Sections 38560, 43013, and 43018 of this code and subdivision (h) of Section 27156 of the Vehicle Code. For purposes of this paragraph, “reasonable costs” does not include the state board’s costs recovered in a fee assessed pursuant to Section 43019.
(2) For a certification not subject to a fee assessed by the state board pursuant to Section 43019, the state board may adopt a fee to cover all, or a portion of, the state board’s reasonable costs associated with each type of certification described in paragraph (1), to be paid by the entity seeking the certification. The state board may assess a fee at the time of application and upon certification to spread the financial burden to entities remitting the fee.
(b) In adopting a schedule of fees pursuant to subdivision (a), the state board shall work with impacted industries and consider all of the following:
(1) Potential impacts on manufacturers that may result from the fee.
(2) Size of the manufacturer compared to the industry average served by the product on which the fee will be assessed.
(3) Number of certifications requested and consistency with prior year certifications by the manufacturer.
(4) Complexity of the regulated category for which a certification is requested.
(5) A product’s potential impact on emissions, and the complexity of the evaluation required, including, for an aftermarket part, determining there is no risk to the environment when the aftermaket part is in actual use.
(6) Anticipated change in the number of certifications issued annually.
(7) Potential impacts for enacting a partial fee that does not fully cover the state board’s costs for activities associated with certification, including the impacts on the processing time for certification.
(c) All fees collected pursuant to this section shall be deposited in the Certification and Compliance Fund, created pursuant to Section 43019.2.
(Amended by Stats. 2019, Ch. 31, Sec. 16. (SB 85) Effective June 27, 2019.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 1 - General Provisions › Section 43019.2.

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 by the state board for the activities described in Sections 43019, 43019.1, and 43202.5, as appropriate.
(Amended by Stats. 2019, Ch. 31, Sec. 17. (SB 85) Effective June 27, 2019.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 1 - General Provisions › Section 43019.3.

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 goal of streamlining the process for issuing executive orders. The state board, through a public process, shall consider the effective use of outside resources and structural changes to the review process to bring parts to market sooner and that meet all applicable requirements of law and regulation.
(Added by Stats. 2018, Ch. 51, Sec. 14. (SB 854) Effective June 27, 2018.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 1 - General Provisions › Section 43020.

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 misdemeanor and is subject to a fine of not more than one thousand dollars ($1,000) or imprisonment in the county jail for not more than six months, or both, for each violation.
(b)  The recovery of civil penalties pursuant to Section 43016 precludes prosecution pursuant to this section for the same offense. When the executive officer refers a violation to a prosecuting attorney, the filing of a criminal complaint is grounds requiring the dismissal of any civil action brought pursuant to Section 43016 for the same offense.
(Added by Stats. 1990, Ch. 1252, Sec. 1.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 1 - General Provisions › Section 43022.

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 shall do both of the following, using existing resources:
(1)  Adopt a plan describing any proposed expenditure that sets forth the expected costs and qualitative as well as quantitative benefits of the proposed program or project.
(2)  Find that the proposed program or project will not duplicate any other past or present publicly funded California program or project. This paragraph is not intended to prevent funding for programs or projects jointly funded with another public agency where there is no duplication .
(b)  Within 120 days from the date of the conclusion of a program or project subject to subdivision (a) that is funded by the state board, the state board shall issue a public report that sets forth the actual costs of the program or project, the results achieved and how they compare with expected costs and benefits determined pursuant to paragraph (1) of subdivision (a), and any problems that were encountered by the program or project.
(Added by Stats. 1995, Ch. 609, Sec. 3. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 1 - General Provisions › Section 43022.5.

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 any program to encourage the use of zero-emission vehicles through a competitive grant process that includes a public bidding process.
(Added by Stats. 2008, Ch. 760, Sec. 12. Effective September 30, 2008.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 1 - General Provisions › Section 43023.5.

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 funds appropriated for purposes of the programs specified in paragraphs (1) to (3), inclusive, are expended in a manner that directly reduces air contaminants or reduces the public health risks associated with air contaminants in those districts, including, but not limited to, airborne toxics and particulate matter, in communities with the most significant exposure to air contaminants or localized air contaminants, or both, including, but not limited to, communities of minority populations or low-income populations, or both:
(1) The Carl Moyer Air Quality Standards Attainment Program (Chapter 9 (commencing with Section 44275) of Part 5 of Division 26 of the Health and Safety Code).
(2) Programs for the purchase of reduced-emissions schoolbuses.
(3) Diesel mitigation programs.
(b) A district with less than one million residents is encouraged to expend funds available to the district for the purposes specified in subdivision (a) in a manner similar to that set forth in subdivision (a), to the extent that district determines that this is feasible.
(Amended by Stats. 2006, Ch. 798, Sec. 1. Effective January 1, 2007.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 1 - General Provisions › Section 43024.

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 with Section 43000) to Chapter 4 (commencing with Section 43800), inclusive, and Chapter 6 (commencing with Section 44200).
(b) The policy shall take into consideration all relevant circumstances, including, but not limited to, all of the following:
(1) The extent of harm to public health, safety, and welfare caused by the violation.
(2) The nature and persistence of the violation, including the magnitude of the excess emissions.
(3) The compliance history of the defendant, including the frequency of past violations.
(4) The preventive efforts taken by the defendant, including the record of maintenance and any program to ensure compliance.
(5) The innovative nature and the magnitude of the effort required to comply, and the accuracy, reproducibility, and repeatability of the available test methods.
(6) The efforts of the defendant to attain, or provide for, compliance.
(7) The cooperation of the defendant during the course of the investigation and any action taken by the defendant, including the nature, extent, and time of response of any action taken to mitigate the violation.
(8) The financial burden to the defendant.
(Added by Stats. 2010, Ch. 413, Sec. 3. (SB 1402) Effective September 28, 2010.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 1 - General Provisions › Section 43024.1.

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 it lacks an engine, transmission, or axle.
(B) Any other new equipment that is substantially similar to a complete motor vehicle and is intended to become a complete motor vehicle with a previously used engine, including, but not limited to, a rebuilt or remanufactured engine.
(2) “Glider vehicle” means a new motor vehicle produced from a glider kit or otherwise produced as a new motor vehicle with a used or remanufactured engine.
(b) A person who operates a glider vehicle in violation of any provision of this part or order, rule, or regulation of the state board adopted pursuant to this part that establishes emission standards or other requirements for glider vehicles is subject to a minimum civil penalty of twenty-five thousand dollars ($25,000) per violation.
(c) Nothing in Section 43024 shall be construed as providing discretion to the state board to reduce the minimum civil penalty described in subdivision (b).
(d) All moneys collected by the state board pursuant to this section shall be deposited in the Air Pollution Control Fund and shall be available upon appropriation by the Legislature.
(Added by Stats. 2018, Ch. 372, Sec. 1. (AB 2564) Effective January 1, 2019.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 1.5 - Penalties for Violation of Fuel Regulations › Section 43025.

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 appropriate tools are available to effectively and fairly enforce state law. In enacting this chapter, it is not the intent of the Legislature to modify penalty settlements beyond historic levels. The civil and administrative penalty provisions in this chapter are designed to give the state board an effective, efficient, and flexible tool to fairly enforce all violations.
(Added by Stats. 1995, Ch. 966, Sec. 3. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 1.5 - Penalties for Violation of Fuel Regulations › Section 43027.

43027. The following civil penalties apply to the following acts not included within Section 43026:
(a)  Any person who willfully and intentionally violates any provision of this part, or any rule, regulation, permit, variance, or order of the state board, pertaining to fuel requirements and standards, is liable for a civil penalty of not more than two hundred fifty thousand dollars ($250,000), and the prosecuting agency shall include a claim for an additional penalty in the amount of any economic gain that otherwise would not have been realized from the sale of the fuel determined to be in noncompliance.
(b)  Any person who negligently violates any provision of this part, or any rule, regulation, permit, variance, or order of the state board, pertaining to fuel requirements and standards, exclusive of the documentation requirements specified in subdivision (d), is liable for a civil penalty of not more than fifty thousand dollars ($50,000).
(c)  Any person who violates any provision of this part, or any rule, regulation, permit, variance, or order of the state board, pertaining to fuel requirements and standards, exclusive of the documentation requirements specified in subdivision (d), is strictly liable for a civil penalty of not more than thirty-five thousand dollars ($35,000).
(d)  Any person who enters false information in, or fails to keep, any document required to be kept pursuant to any provision of this part, or any rule, regulation, permit, variance, or order of the state board, pertaining to fuel requirements and standards, is strictly liable for a civil penalty of not more than twenty-five thousand dollars ($25,000). In determining the amount of the penalty to be assessed under this subdivision, the court, or in reaching any settlement, the Attorney General or the state board, shall take into consideration, in addition to subdivision (b) of Section 43031, the specific circumstances and intent of the defendant in making the false entry or in failing to keep the document.
(Added by Stats. 1995, Ch. 966, Sec. 3. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 1.5 - Penalties for Violation of Fuel Regulations › Section 43028.

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 any rule, regulation, permit, variance, or order of the state board, pertaining to fuel requirements and standards, if the state board has adopted rules and regulations specifying procedures for the imposition and amounts of those penalties. No administrative civil penalty levied pursuant to this section shall exceed twenty-five thousand dollars ($25,000) for each day on which there is a violation or three hundred thousand dollars ($300,000) in total. However, nothing in this section restricts the authority of the state board to negotiate mutual settlements under any other penalty provision of law which exceed twenty-five thousand dollars ($25,000) for each day on which there is a violation or three hundred thousand dollars ($300,000) in total, except that the state board shall not rely on any provision of the Business and Professions Code.
(Added by Stats. 1995, Ch. 966, Sec. 3. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 1.5 - Penalties for Violation of Fuel Regulations › Section 43029.

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 to Section 43028, or a criminal prosecution pursuant to Section 43020, the prosecuting agency shall include a claim for an additional penalty designed to eliminate the economic benefits from noncompliance against any person who violates any provision of this part, or any rule, regulation, permit, variance, or order of the state board pertaining to fuel requirements or standards as follows:
(a)  For violations of gasoline requirements, the amount of the penalty shall equal the product of the number of tons of incremental increased vehicular emissions resulting from the manufacture, distribution, and sale of the specified volume of noncompliant fuel and nine thousand one hundred dollars ($9,100) per ton, which is the maximum calculated cost-effectiveness for California Phase 2 Reformulated Gasoline.
(b)  For violations of diesel fuel requirements, the amount of the penalty shall equal the product of the number of tons of incremental increased vehicular emissions resulting from the manufacture, distribution, and sale of the specified volume of noncompliant fuel and five thousand two hundred dollars ($5,200) per ton, which is the maximum calculated cost-effectiveness for California low sulfur, low aromatics diesel fuel.
(c)  To ensure that the penalties under subdivisions (a) and (b) continue to adequately reflect the goals of this section, the following shall occur annually:
(1)  The cost-effectiveness values set forth in subdivisions (a) and (b) shall be adjusted to reflect the change in the annual average nationwide producers price index of industrial commodities, less fuels and related products and power, published by the United States Bureau of Labor Statistics, averaged over the previous 5 years.
(2)  The methodologies used to calculate the excess emissions from noncompliant fuels shall be reviewed by the state board and updated as necessary.
(Added by Stats. 1995, Ch. 966, Sec. 3. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 1.5 - Penalties for Violation of Fuel Regulations › Section 43030.

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 penalties under Section 43027 or 43028 for violations based solely upon the state board’s review of monthly production records, each day within a month for which a violation occurs is a separate violation.
(c)  The recovery of civil or administrative civil penalties pursuant to this chapter precludes prosecution pursuant to Section 43020 for the same offense. When the executive officer refers a violation to a prosecuting attorney, the filing of a criminal complaint is grounds requiring the dismissal of any civil action or administrative proceedings brought pursuant to this chapter for the same offense.
(Added by Stats. 1995, Ch. 966, Sec. 3. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 1.5 - Penalties for Violation of Fuel Regulations › Section 43031.

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 people of the State of California by the Attorney General or by the state board, or in administrative hearings established pursuant to regulations adopted by the state board.
(b)  In determining the amount assessed, the court, the Attorney General, or the state board, in reaching any settlement, shall take into consideration all relevant circumstances, including, but not limited to, all of the following:
(1)  The extent of harm to public health, safety, and welfare caused by the violation.
(2)  The nature and persistence of the violation, including the magnitude of the excess emissions.
(3)  The compliance history of the defendant, including the frequency of past violations.
(4)  The preventive efforts taken by the defendant, including the record of maintenance and any program to ensure compliance.
(5)  The innovative nature and the magnitude of the effort required to comply, and the accuracy, reproducibility, and repeatability of the available test methods.
(6)  The efforts to attain, or provide for, compliance.
(7)  The cooperation of the defendant during the course of the investigation and any action taken by the defendant, including the nature, extent, and time of response of any action taken to mitigate the violation.
(8)  For a person who owns a single retail service station, the size of the business.
(Added by Stats. 1995, Ch. 966, Sec. 3. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 1.5 - Penalties for Violation of Fuel Regulations › Section 43031.5.

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 expended by the state board for environmental cleanup, abatement, or pollution prevention technology.
(Added by Stats. 1995, Ch. 966, Sec. 3. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 2 - New Motor Vehicles › ARTICLE 1 - General Provisions › Section 43100.

43100. The state board may certify new motor vehicles and new motor vehicle engines pursuant to this article.
(Amended by Stats. 1976, Ch. 1206.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 2 - New Motor Vehicles › ARTICLE 1 - General Provisions › Section 43101.

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 board finds to be necessary and technologically feasible to carry out the purposes of this division. Before adopting these standards, the state board shall consider the impact of these standards on the economy of the state, including, but not limited to, their effect on motor vehicle fuel efficiency.
(b) The standards adopted pursuant to this section may be applicable to motor vehicle engines, rather than to motor vehicles.
(Amended by Stats. 2004, Ch. 644, Sec. 20. Effective January 1, 2005.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 2 - New Motor Vehicles › ARTICLE 1 - General Provisions › Section 43101.5.

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:
(a)  For all gasoline-powered passenger vehicles prior to the 1986 model year, the state board shall not adopt primary standards for the emission of oxides of nitrogen which are more stringent than 0.7 grams per vehicle mile, unless the state board by regulation also provides for optional standards which are not more stringent, with respect to each constituent, than 0.39 grams per vehicle mile for nonmethane hydrocarbon, 7.0 grams per vehicle mile for carbon monoxide, and 0.7 grams per vehicle mile for oxides of nitrogen. For gasoline-powered light-duty vehicles and medium-duty vehicles prior to the 1986 model year of less than 4,000 pounds unladen weight, the state board shall not adopt primary standards for the emission of oxides of nitrogen which are more stringent than 1.0 gram per vehicle mile, unless the state board by regulation also provides for optional standards which are not more stringent, with respect to each constituent, than 0.39 grams per vehicle mile for nonmethane hydrocarbon, 9.0 grams per vehicle mile for carbon monoxide, and 1.0 gram per vehicle mile for oxides of nitrogen. Any option may not impose certification, warranty, or enforcement requirements of greater duration or stringency than those set forth in the regulations applicable to 1983 and later model years, as adopted or amended by the state board on May 20, 1981.
(b)  If the state board intends by regulation to eliminate for 1986 and later model-year vehicles the optional standards specified in subdivision (a), the state board shall submit to the Legislature, not later than January 15th of the year which is at least two calendar years prior to the year in which production would commence of vehicles subject to the new standard, a report with an estimate of the air quality benefits of the more stringent standard, the technological and economic feasibility of requiring the standard, and the potential effects on fuel economy associated with the standard. The state board shall consult with the Environmental Protection Agency and motor vehicle and engine manufacturers prior to submitting the air quality and fuel economy estimates.
(Added by Stats. 1981, Ch. 1185.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 2 - New Motor Vehicles › ARTICLE 1 - General Provisions › Section 43102.

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 emission standards adopted by the state board pursuant to Section 43101 under test procedures adopted by the state board pursuant to Section 43104.
(b)  Notwithstanding subdivision (a), to assure that California consumers have an adequate selection of light-duty motor vehicle models, the state board shall adopt certification and enforcement regulations for future model years as soon as practicable, but not later than for the 1983 and subsequent model years, which will allow a manufacturer to certify in California federally certified light-duty motor vehicles with any engine family or families when their emissions are offset by the manufacturer’s California certified motor vehicles whose emissions are below the applicable California standards. This exemption shall not apply to emergency vehicles, as defined in Section 2002 of Title 15 of the United States Code.
(c)  Subdivision (b) shall not be applicable to any vehicle or engine model which is certified to meet the emission standards established pursuant to Section 43101 or 43101.5.
(Amended by Stats. 1981, Ch. 1185.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 2 - New Motor Vehicles › ARTICLE 1 - General Provisions › Section 43104.

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 necessary to determine whether the vehicles or engines are in compliance with the emissions standards established pursuant to Section 43101. The state board shall base its test procedures on federal test procedures or on driving patterns typical in the urban areas of California.
(Amended by Stats. 2000, Ch. 1077, Sec. 3. Effective January 1, 2001.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 2 - New Motor Vehicles › ARTICLE 1 - General Provisions › Section 43105.

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 established pursuant to Section 43101 shall be sold to the ultimate purchaser, offered or delivered for sale to the ultimate purchaser, or registered in this state if the manufacturer has violated emission standards or test procedures and has failed to take corrective action, which may include recall of vehicles or engines, specified by the state board in accordance with regulations of the state board. If a manufacturer contests the necessity for, or the scope of, a recall of vehicles or engines ordered pursuant to this section and so advises the state board, the state board shall not require such recall unless it first affords the manufacturer the opportunity, at a public hearing, to present evidence in support of the manufacturer’s objections. If a vehicle or engine is recalled pursuant to this section, the manufacturer shall make all necessary corrections specified by the state board without charge to the registered owner of the vehicle or vehicle with such engine or, at the manufacturer’s election, reimburse the registered owner for the cost of making such necessary corrections.
The procedures for determining, and the facts constituting, compliance or failure of compliance shall be established by the state board.
(Amended by Stats. 1976, Ch. 1206.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 2 - New Motor Vehicles › ARTICLE 1 - General Provisions › Section 43106.

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 respects, substantially the same in construction as the test motor vehicle or engine, as the case may be, which has been certified by the state board in accordance with this article. However, changes with respect to new motor vehicles or engines previously certified may be made if such changes do not increase emissions above the standards under which those motor vehicles or engines, as the case may be, were certified and are made in accordance with procedures specified by the state board.
(Amended by Stats. 1976, Ch. 1206.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 2 - New Motor Vehicles › ARTICLE 1 - General Provisions › Section 43107.

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 Motor Vehicles which are sold in the state on or after July 1, 1976, or such later date as established by the state board by regulation.
(b)  Motorcycles shall be exempt from the provisions of Section 43200.
(Added by Stats. 1975, Ch. 957.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 2 - New Motor Vehicles › ARTICLE 1 - General Provisions › Section 43108.

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 motor vehicle engine intended for use in a schoolbus, if the Administrator of the Environmental Protection Agency has granted a certificate of conformity for the schoolbus or engine pursuant to the Clean Air Act (42 U.S.C. Sec. 1857 et seq.).
(b)  The state board shall grant a certification pursuant to subdivision (a) only if the manufacturer of the schoolbus or engine demonstrates that an engine suitable for use in the manufacturer’s standard type of schoolbus which meets the applicable emissions standards established by the state board pursuant to Section 43102 is not available for installation.
(c)  The state board, prior to granting a certification pursuant to subdivision (a), shall require a showing by the manufacturer of the schoolbus or engine of a good faith effort to procure or manufacture an engine which meets the standards established by the state board pursuant to Section 43102 and, in the case of the schoolbus manufacturer, a good faith effort to accomplish a schoolbus redesign to accommodate such an engine. In the absence of these showings, the state board shall not grant a certification pursuant to subdivision (a).
(Added by Stats. 1976, Ch. 741.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 2 - New Motor Vehicles › ARTICLE 1.5 - Prohibited Transactions › Section 43150.

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 those new motor vehicles and new motor vehicle engines which meet this state’s stringent emission standards and test procedures, and which have been certified pursuant to this chapter, are used or registered in this state. The Legislature also finds and declares that this special interest must be protected in a manner which will not unduly or unreasonably infringe upon the right of the people of this state and other states to travel and do business interstate.
(Added by Stats. 1976, Ch. 1206.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 2 - New Motor Vehicles › ARTICLE 1.5 - Prohibited Transactions › Section 43151.

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 vehicle engine, or motor vehicle with a new motor vehicle engine for use, registration, or resale in this state unless the motor vehicle engine or motor vehicle has been certified pursuant to this chapter. A person shall not attempt or assist in any such action.
(b) This article shall not apply to a vehicle acquired by a resident of this state for the purpose of replacing a vehicle registered to that resident that was damaged or became inoperative beyond reasonable repair or was stolen while out of this state provided that the replacement vehicle is acquired out of state at the time the previously owned vehicle was either damaged or became inoperative or was stolen. This article shall not apply to a vehicle transferred by inheritance or by a decree of divorce, dissolution, or legal separation entered by a court of competent jurisdiction, or to any vehicle sold after the effective date of the amendments to this subdivision at the 1979–80 Regular Session of the Legislature if the vehicle was registered in this state before that effective date.
(c) This chapter shall not apply to any motor vehicle having a certificate of conformity issued pursuant to the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.) and originally registered in another state by a resident of that state who subsequently establishes residence in this state and who, upon registration of the vehicle in this state, provides satisfactory evidence to the Department of Motor Vehicles of the previous residence and registration. This subdivision shall become operative 180 calendar days after the state board adopts regulations for the certification of new direct import vehicles pursuant to Section 43203.5.
(Amended by Stats. 2016, Ch. 604, Sec. 2. (AB 1685) Effective January 1, 2017.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 2 - New Motor Vehicles › ARTICLE 1.5 - Prohibited Transactions › Section 43152.

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 engines, including, but not limited to, manufacturers, distributors, and dealers, shall intentionally or negligently import, deliver, purchase, receive, or otherwise acquire a new motor vehicle, new motor vehicle engine, or vehicle with a new motor vehicle engine which is intended for use primarily in this state, for sale or resale to an ultimate purchaser who is a resident of or doing business in this state, or for registration, leasing or rental in this state, which has not been certified pursuant to this chapter. No person shall attempt or assist in any such act.
(Added by Stats. 1976, Ch. 1206.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 2 - New Motor Vehicles › ARTICLE 1.5 - Prohibited Transactions › Section 43153.

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 engines, including, but not limited to, manufacturers, distributors, and dealers, shall intentionally or negligently sell, or offer to sell, to an ultimate purchaser who is a resident of or doing business in this state, or lease, offer to lease, rent, or offer to rent, in this state any new motor vehicle, new motor vehicle engine, or vehicle with a new motor vehicle engine, which is intended primarily for use or for registration in this state, and which has not been certified pursuant to this chapter. No person shall attempt or assist in any such action.
(Added by Stats. 1976, Ch. 1206.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 2 - New Motor Vehicles › ARTICLE 1.5 - Prohibited Transactions › Section 43154.

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 ($37,500) for each such action. For a manufacturer or distributor who violates any provision of this article, the payment of the penalty and making the vehicles compliant with applicable emission control laws may be required by the executive officer of the state board as conditions for the continued sale in this state of those motor vehicles.
(2) Notwithstanding paragraph (1), a dealer, as defined in Section 285 of the Vehicle Code, who violates any provision of this article shall be subject to a civil penalty not to exceed ten thousand dollars ($10,000) for each such action.
(3) The state board shall adjust the maximum penalty specified in paragraphs (1) and (2) 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 action to recover a penalty under this section shall be brought in the name of the people of the State of California in the superior court of the county where the violation occurred, or in the county where the defendant’s residence or principal place of business is located, by the Attorney General on behalf of the state board, in which event all penalties adjudged by the court shall be deposited in the Air Pollution Control Fund, or by the district attorney or county attorney of that county, or by the city attorney of a city in that county, in which event all penalties adjudged by the court shall be deposited with the treasurer of the county or city, as the case may be.
(Amended by Stats. 2016, Ch. 604, Sec. 3. (AB 1685) Effective January 1, 2017.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 2 - New Motor Vehicles › ARTICLE 1.5 - Prohibited Transactions › Section 43155.

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 court except those matters to which equal precedence on the calendar is granted by law.
(Added by Stats. 1976, Ch. 1206.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 2 - New Motor Vehicles › ARTICLE 1.5 - Prohibited Transactions › Section 43156.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 2 - New Motor Vehicles › ARTICLE 2 - Manufacturers and Dealers › Section 43200.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 2 - New Motor Vehicles › ARTICLE 2 - Manufacturers and Dealers › Section 43200.5.

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.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 2 - New Motor Vehicles › ARTICLE 2 - Manufacturers and Dealers › Section 43201.

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 penalty of not to exceed one thousand dollars ($1,000).
Any penalty recovered pursuant to this section shall be deposited into the General Fund.
(Added by Stats. 1975, Ch. 957. Superseded on operative date of amendment by Stats. 1994, Ch. 1192.)