reglab/statecodes huggingface dataset:
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Motor Vehicle Inspection Program › ARTICLE 7 - Denial, Suspension, and Revocation › Section 44072.2.

44072.2. The director may suspend, revoke, or take other disciplinary action against a license as provided in this article if the licensee, or any partner, officer, or director thereof, does any of the following:
(a)  Violates any section of this chapter and the regulations adopted pursuant to it, which related to the licensed activities.
(b)  Is convicted of any crime substantially related to the qualifications, functions, or duties of the licenseholder in question.
(c)  Violates any of the regulations adopted by the director pursuant to this chapter.
(d)  Commits any act involving dishonesty, fraud, or deceit whereby another is injured.
(e)  Has misrepresented a material fact in obtaining a license.
(f)  Aids or abets unlicensed persons to evade the provisions of this chapter.
(g)  Fails to make and keep records showing his or her transactions as a licensee, or fails to have those records available for inspection by the director or his or her duly authorized representative for a period of not less than three years after completion of any transaction to which the records refer, or refuses to comply with a written request of the director to make the records available for inspection.
(h)  Violates or attempts to violate the provisions of this chapter relating to the particular activity for which he or she is licensed.
(Amended by Stats. 2009, Ch. 307, Sec. 103. (SB 821) Effective January 1, 2010.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Motor Vehicle Inspection Program › ARTICLE 7 - Denial, Suspension, and Revocation › Section 44072.3.

44072.3. A plea or verdict of guilty or a conviction following a plea of nolo contendere is a conviction within the meaning of this article. The director may order the license suspended or revoked or may decline to issue a license, when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal, or when an order granting probation is made suspending the imposition of sentence irrespective of a subsequent order under Section 1203.4 of the Penal Code allowing the person to withdraw a plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment.
(Added by Stats. 1991, Ch. 386, Sec. 11.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Motor Vehicle Inspection Program › ARTICLE 7 - Denial, Suspension, and Revocation › Section 44072.4.

44072.4. The director may take disciplinary action against any licensee after a hearing as provided in this article by any of the following:
(a)  Imposing probation upon terms and conditions to be set forth by the director.
(b)  Suspending the license.
(c)  Revoking the license.
(Added by Stats. 1991, Ch. 386, Sec. 11.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Motor Vehicle Inspection Program › ARTICLE 7 - Denial, Suspension, and Revocation › Section 44072.5.

44072.5. Upon the effective date of any order of suspension or revocation of any license governed by this chapter, the licensee shall surrender the license to the director.
(Added by Stats. 1991, Ch. 386, Sec. 11.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Motor Vehicle Inspection Program › ARTICLE 7 - Denial, Suspension, and Revocation › Section 44072.6.

44072.6. The expiration or suspension of a license by operation of law or by order or decision of the director or a court of law, or the voluntary surrender of a license by a licensee shall not deprive the director of jurisdiction to proceed with any investigation of, or action or disciplinary proceedings against, the licensee, or to render a decision suspending or revoking the license.
(Added by Stats. 1991, Ch. 386, Sec. 11.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Motor Vehicle Inspection Program › ARTICLE 7 - Denial, Suspension, and Revocation › Section 44072.7.

44072.7. All accusations against licensees shall be filed within three years after the act or omission alleged as the ground for disciplinary action, except that with respect to an accusation alleging a violation of subdivision (d) of Section 44072.2, the accusation may be filed within two years after the discovery by the bureau of the alleged facts constituting the fraud or misrepresentation prohibited by that section.
(Amended by Stats. 2001, Ch. 357, Sec. 5. Effective January 1, 2002.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Motor Vehicle Inspection Program › ARTICLE 7 - Denial, Suspension, and Revocation › Section 44072.8.

44072.8. When a license has been revoked or suspended following a hearing under this article, any additional license issued under this chapter in the name of the licensee may be likewise revoked or suspended by the director.
(Added by Stats. 1991, Ch. 386, Sec. 11.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Motor Vehicle Inspection Program › ARTICLE 7 - Denial, Suspension, and Revocation › Section 44072.9.

44072.9. After suspension of the license upon any of the grounds set forth in this article, the director may reinstate the license upon proof of compliance by the applicant with all provisions of the decision as to reinstatement. After revocation of a license upon any of the grounds set forth in this article, the license shall not be reinstated or reissued within a period of one year after the effective date of revocation.
(Added by Stats. 1991, Ch. 386, Sec. 11.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Motor Vehicle Inspection Program › ARTICLE 7 - Denial, Suspension, and Revocation › Section 44072.10.

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

44072.11. (a)  The department may refuse to issue or renew a license for a smog check station or technician who is subject to a 60-day suspension pursuant to Section 44072.10.
(b)  Any smog check station or technician’s license granted by the department is a privilege and not a vested right, and may be revoked or suspended by the department for any of the reasons specified in Section 44072.1 or on evidence that the station or technician is not in compliance with any of the requirements of subdivision (a).
(Added by Stats. 1994, Ch. 27, Sec. 53. Effective March 30, 1994.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Motor Vehicle Inspection Program › ARTICLE 8 - Gross Polluters › Section 44080.

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.
(b)  California has the most stringent new car emission standards in the nation as well as a vehicle inspection (smog check) program that result in most cars producing very little pollution.
(c)  A small percentage of automobiles cause a disproportionate and significant amount of the air pollution in California.
(d)  These gross polluters are primarily vehicles in which the emission control equipment has been disconnected or which are very poorly maintained.
(e)  New technologies, such as remote sensing, can identify gross polluters on the roads, enabling law enforcement authorities to stop, inspect, and cite vehicles with disconnected emission control equipment, and can promote the development of incentives for the repair of other high-emitting vehicles.
(f)  Requiring owners to reconnect emission control equipment and developing incentives for needed maintenance on high-emitting vehicles may be cost-effective methods to reduce emissions and help achieve air quality standards in many districts.
(Added by Stats. 1992, Ch. 972, Sec. 1. Effective January 1, 1993.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Motor Vehicle Inspection Program › ARTICLE 8 - Gross Polluters › Section 44084.

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 high-emitting vehicles whose emissions could be reduced by repair, using remote sensors or other methods, and to provide financial incentives to encourage the repair or scrapping of these vehicles as a method of reducing mobile source emissions for the purposes of Section 40914. The programs authorized by this section are not intended to impose additional emission reduction requirements, but instead are intended to provide more cost-effective alternative methods to meet existing requirements.
(Added by Stats. 1992, Ch. 972, Sec. 1. Effective January 1, 1993.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Motor Vehicle Inspection Program › ARTICLE 8 - Gross Polluters › Section 44085.

44085. Districts may establish procedures to generate marketable emission reduction credits from programs established pursuant to Section 44084. Emission reduction credits generated pursuant to this section may be used to meet or offset transportation control requirements, average vehicle ridership reductions, or other mobile source emission requirements, as determined by the district.
(Amended by Stats. 1996, Ch. 124, Sec. 75. Effective January 1, 1997.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Motor Vehicle Inspection Program › ARTICLE 8 - Gross Polluters › Section 44086.

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 cost-effectiveness of the programs authorized in this article compared to other control measures under consideration.
(Added by Stats. 1992, Ch. 972, Sec. 1. Effective January 1, 1993.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Motor Vehicle Inspection Program › ARTICLE 9 - Repair or Removal of High Polluters › Section 44090.

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 to subdivision (a) of Section 44091.
(b) “High polluter” means a high-emission motor vehicle, including, but not limited to, a gross polluter.
(Amended by Stats. 2006, Ch. 538, Sec. 406. Effective January 1, 2007.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Motor Vehicle Inspection Program › ARTICLE 9 - Repair or Removal of High Polluters › Section 44091.1.

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 revenues generated by six dollars ($6) of the fee shall be deposited in the Air Pollution Control Fund, and shall be available for expenditure, upon appropriation by the Legislature, to fund the Carl Moyer Memorial Air Quality Standards Attainment Program (Chapter 9 (commencing with Section 44275)) to the extent that the state board or a participating district determines the moneys are expended to mitigate or remediate the harm caused by the type of motor vehicle on which the fee is imposed.
(2) (A) Except as provided for in subparagraph (B), of the revenue generated by the remaining six dollars ($6) of the fee, four dollars ($4) shall be deposited in the account created by Section 44091, while the revenue generated by the remaining two dollars ($2) shall be deposited in the Vehicle Inspection and Repair Fund and may be expended, upon appropriation, for, among other things, the Clean Vehicle Rebate Project established as a part of the Air Quality Improvement Program pursuant to Article 3 (commencing with Section 44274) of Chapter 8.9.
(B) All revenue generated by the remaining six dollars ($6) of the fee described in this paragraph that is imposed at first registration of a motor vehicle and that is exempted under paragraph (4) of subdivision (a) of Section 44011 shall be deposited in the account created by Section 44091.
(b) (1) Twenty-one dollars ($21) of the amount of the fee specified in subparagraph (B) of paragraph (1) of subdivision (d) of Section 44060 shall be deposited into the Air Pollution Control Fund and shall be available for expenditure, upon appropriation by the Legislature, to fund the Carl Moyer Memorial Air Quality Standards Attainment Program (Chapter 9 (commencing with Section 44275)).
(2) Four dollars ($4) of the amount of the fee specified in subparagraph (B) of paragraph (1) of subdivision (d) of Section 44060 shall be deposited into the Vehicle Inspection and Repair Fund to offset the reduction in revenues collected pursuant to Section 44060 caused by the exemption provided pursuant to Section 44011 for vehicles that are seven- and eight-model years old.
(Amended by Stats. 2017, Ch. 633, Sec. 4. (AB 1274) Effective October 10, 2017.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Motor Vehicle Inspection Program › ARTICLE 9 - Repair or Removal of High Polluters › Section 44091.2.

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 appellate court or the California Supreme Court, or if the state is in any manner prevented by either of those courts from imposing or collecting the fee, the repair assistance program implemented pursuant to Section 44062.1 and any voluntary vehicle retirement program implemented by the department not be supported by money appropriated from the General Fund.
(Added by Stats. 1999, Ch. 67, Sec. 17. Effective July 6, 1999.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Motor Vehicle Inspection Program › ARTICLE 9 - Repair or Removal of High Polluters › Section 44092.

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 maintenance program and are producing high levels of emissions as a result of their use in this state.
(Amended by Stats. 1995, Ch. 929, Sec. 5. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Motor Vehicle Inspection Program › ARTICLE 9 - Repair or Removal of High Polluters › Section 44093.

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 are in need of repairs to obtain a certificate of compliance, as determined by the department.
(Amended by Stats. 1995, Ch. 91, Sec. 94. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Motor Vehicle Inspection Program › ARTICLE 9 - Repair or Removal of High Polluters › Section 44094.

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 and shall be available to the owners of high polluters that are registered in an area that is subject to an inspection and maintenance program, have been registered for at least 24 months in the district where the credits are to be applied and, are presently operational, and meet other criteria, as determined by the department.
(b) The program shall provide for both of the following:
(1) As to the repair of a high polluter, payment to the owner of up to 80 percent of the total cost of repair, as determined by the department, but the payment shall not exceed four hundred fifty dollars ($450).
(2) As to the removal of a high polluter, the program shall be subject to Article 10 (commencing with Section 44100).
(c) Except as provided in Section 44062.3, the department may specify the amount of money that may be paid to an owner of a high-polluting motor vehicle who voluntarily retires the vehicle. The amount paid by the department shall be based on the cost-effectiveness and the air quality benefit of retiring the vehicle, as determined by the department.
(d) The department may authorize participation in the program based on a reasonable estimate of the future revenues that will be available to the program.
(Amended by Stats. 2006, Ch. 761, Sec. 6. Effective January 1, 2007.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Motor Vehicle Inspection Program › ARTICLE 9 - Repair or Removal of High Polluters › Section 44095.

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 superseding or precluding any similar program that is administered by a district, any other public agency, or any other person.
(2)  The state board shall develop a methodology for, and shall undertake, a uniform data analysis of the program operated pursuant to this article and any similar programs operated in this state for the purpose of providing an accounting of the emission reductions that are achieved by all such programs.
(c)  The department may directly operate the program or may provide for the program’s operation pursuant to an agreement. The department may enter into an agreement with local agencies, community colleges, air quality management districts, or private entities to perform all or any portion of the program.
(Amended by Stats. 2009, Ch. 307, Sec. 104. (SB 821) Effective January 1, 2010.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Motor Vehicle Inspection Program › ARTICLE 9 - Repair or Removal of High Polluters › Section 44096.

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 that are intended for installation in light-duty motor vehicles and meet the qualifications specified in subdivision (b). The results of the assessment shall be made available to the department and the districts, and shall be considered by the state board in determining whether an emissions reduction device is a cost-effective means of emissions reduction, as compared with the accelerated light-duty vehicle retirement program conducted pursuant to Article 10 (commencing with Section 44100) and any other vehicle retirement program authorized by the department or the districts.
(b)  The state board shall perform the review and assessment specified in subdivision (a) only for an emission reduction device that meets at least one of the following qualifications:
(1)  The device has received a certification under the California Environmental Technology Certification Program.
(2)  The device has received accreditation under the state board’s “Criteria and Test Procedures for Accrediting Emission Control Devices” (ARB “B” Designation) pursuant to Section 43630.
(Added by Stats. 1999, Ch. 209, Sec. 1. Effective January 1, 2000.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Motor Vehicle Inspection Program › ARTICLE 10 - Accelerated Light-Duty Vehicle Retirement Program › Section 44101.

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)  Provides for the creation, exchange, use, and retirement of light-duty vehicle mobile source emission reduction credits. The credits shall be fungible and exchangeable in the marketplace, and shall reflect the actual emissions of the vehicles that are retired or otherwise disposed of, by measurement, appropriate sampling, or correlations developed from appropriate sampling. The numerical value of credits may be constant over a defined lifetime, or may decline with age measured from the time of origination of the credits. In all cases, the numerical value of the credits shall reflect the useful life expectancies and the projected in-use emissions of the retired vehicles in a manner consistent with the assumptions used in determining the emissions inventory. The credits shall be fully recognized by the United States Environmental Protection Agency, the state board, and the districts.
(b)  Sets out the criteria for retiring or otherwise disposing of high-emitting vehicles purchased for this program.
(c)  Authorizes the issuance of those credits to private entities that purchase and properly retire high-emitting vehicles.
(d)  Authorizes the resale of those credits to public or private entities to be used to achieve the emission reduction requirements of the 1994 state implementation plan, meet the requirements of the inspection and maintenance program, satisfy compliance with other emission reduction mandates, as determined by the district or the state board, create local growth allowances, or satisfy new or modified source emission offset requirements. Nothing in this article limits a district’s authority to apply emission discount factors pursuant to district rules that regulate emissions banks, trades, or offsets.
(e)  Provides for the retirement of those credits when used.
(f)  Includes accounting procedures to credit emissions reductions achieved through vehicle scrappage to the M-1 strategy of the 1994 SIP and the inspection and maintenance program.
(g)  Contains a program plan pursuant to Section 44104.5.
(h)  Satisfies the attributes described in subdivision (e) of Section 44100.
(Amended by Stats. 1997, Ch. 802, Sec. 10. Effective January 1, 1998.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Motor Vehicle Inspection Program › ARTICLE 10 - Accelerated Light-Duty Vehicle Retirement Program › Section 44102.

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 vehicle inspection program and other programs contained in this chapter, particularly the provisions relating to gross polluters in Article 8 (commencing with Section 44080) and the repair or removal of high polluters in Article 9 (commencing with Section 44090).
(b)  Insofar as practicable, these programs shall be seamless to the participants and the public.
(Added by Stats. 1995, Ch. 929, Sec. 7. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Motor Vehicle Inspection Program › ARTICLE 10 - Accelerated Light-Duty Vehicle Retirement Program › Section 44103.

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 persons engaged in the purchase and retirement of vehicles under the program, to send notices to vehicle owners who are candidates for the sale of vehicles under the program describing the opportunity to participate in the program. The Department of Motor Vehicles may recover all costs of those notifications from the requesting party or parties.
(b)  Allow the issuance of nonrevivable junk certificates for vehicles retired under the program, which shall allow program vehicles to be scrapped only for parts, except those parts identified pursuant to subdivision (a) of Section 44120.
(Amended by Stats. 1996, Ch. 1088, Sec. 12. Effective September 30, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Motor Vehicle Inspection Program › ARTICLE 10 - Accelerated Light-Duty Vehicle Retirement Program › Section 44104.

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 funds shall be used to perform the rulemaking, vehicle testing, and other technical work necessary to achieve the objectives set forth in Sections 44101 and 44104.5. Those administrative expenditures shall not exceed a total of three million dollars ($3,000,000) over the first three years of the program.
(b)  Funds available to the state board pursuant to paragraph (1) of subdivision (d) of Section 44091 shall be used to purchase and retire mobile source emission reduction credits resulting from the retirement of light-duty vehicles pursuant to this article for the purpose of achieving the emission reductions required by the M-1 strategy of the 1994 SIP. If offers from authorized private scrapping entities are deemed, by the department, consistent with the criteria set forth in Section 44101, to be noncompetitive in cost-effectiveness, in terms of dollars per ton of emissions reduced, the department shall directly purchase vehicles from owners in order to achieve the greatest reduction in emissions at the least cost. If these purchases, in turn, are deemed by the department to be not cost-competitive, in terms of dollars per ton of emissions reduced, with other strategies identified by the state board, the department shall use the funds to pursue other more cost-effective strategies identified by the state board. All emission reduction credits purchased with the funds described in this paragraph shall be retired and credited to the M-1 strategy of the 1994 SIP.
(c)  This article shall not create an obligation on the part of any state or local agency to expend money, incur substantial administrative costs, or purchase credits to meet the M–1 requirements of the 1994 State Implementation Plan until the Director of Finance certifies that there are sufficient funds in the High Polluter Repair or Removal Account for purposes of the article.
(d)  This article shall not create an obligation to use existing funds that are currently used to meet other air quality mandates, including funds collected pursuant to Sections 44223, 44225, 44227, and 44243, for purchasing credits to satisfy the M-1 or other strategies of the 1994 SIP.
(e)  The state board and the department shall seek federal funds to be deposited in the High Polluter Repair or Removal Account, and shall explore the availability of other funding sources, such as private contributions, the Petroleum Violation Escrow Account, and proceeds from fees, fines, or other penalties resulting from fuel specification violations.
(Added by Stats. 1995, Ch. 929, Sec. 7. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Motor Vehicle Inspection Program › ARTICLE 10 - Accelerated Light-Duty Vehicle Retirement Program › Section 44105.

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 Governor. In consultation with the districts and interested parties, the state oversight agency shall be responsible for the implementation of the program, including the following:
(a)  Solicitation and analysis of public comments on the overall program goals, objectives, and design.
(b)  Development of the program structure.
(c)  Overall quality control, including verifying emission reductions and certification of the emission reduction credits.
(d)  Definition of terms such as “high emitter,” “collector interest vehicles,” and “nonrevivable junk certificates.”
(Added by Stats. 1995, Ch. 929, Sec. 7. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Motor Vehicle Inspection Program › ARTICLE 10 - Accelerated Light-Duty Vehicle Retirement Program › Section 44106.

44106. The program shall include provisions for monitoring and preventing all forms of tampering or other forms of cheating, and shall effectively address “avoidance vehicles” such as nonregistered vehicles and vehicles lacking a sufficient inspection and maintenance history. If fraud is detected, the program shall include provisions for suspending all new transactions with the entity suspected of fraud until problems are corrected and revaluing all credits used to meet the emissions reduction requirements. Contracts with authorized entities shall include remedies in cases of fraud.
(Added by Stats. 1995, Ch. 929, Sec. 7. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Motor Vehicle Inspection Program › ARTICLE 10 - Accelerated Light-Duty Vehicle Retirement Program › Section 44107.

44107. The program shall discourage tampering and other forms of cheating, and effectively address “avoidance vehicles,” such as nonregistered vehicles and vehicles lacking a sufficient inspection and maintenance history.
(Added by Stats. 1995, Ch. 929, Sec. 7. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Motor Vehicle Inspection Program › ARTICLE 10 - Accelerated Light-Duty Vehicle Retirement Program › Section 44109.

44109. The program shall include appropriate means to solicit vehicle owners, including mass mailings, media advertising, news coverage, and direct mail to owners of candidate vehicles, and may include high-emitting vehicles based on smog check or remote sensing or high-emitter profile information.
(Added by Stats. 1995, Ch. 929, Sec. 7. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Motor Vehicle Inspection Program › ARTICLE 10 - Accelerated Light-Duty Vehicle Retirement Program › Section 44115.

44115. The program shall ensure that vehicle purchase transactions are convenient to vehicle owners, including advance screening to reasonably assure that vehicles qualify for the program.
(Added by Stats. 1995, Ch. 929, Sec. 7. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Motor Vehicle Inspection Program › ARTICLE 10 - Accelerated Light-Duty Vehicle Retirement Program › Section 44120.

44120. Vehicle disposal under the program shall be consistent with appropriate state board guidance and provisions of the Vehicle Code dealing with vehicle disposal and parts reuse, and shall do both of the following:
(a)  Allow for trading, sale, and resale of the vehicles between licensed auto dismantlers or other appropriate parties to maximize the salvage value of the vehicles through the recycling, sales, and use of parts of the vehicles, consistent with the Vehicle Code and appropriate state board guidelines.
(b)  Set aside and resell to the public any vehicles with special collector interest. No emission reduction credit shall be generated for vehicles that are resold to the public. Vehicles acquired for their collector interest shall be properly repaired to meet minimum established vehicle emission standards before reregistration, unless the vehicle is sold with a nonrepairable vehicle certificate or a nonrevivable junk certificate.
(Added by Stats. 1995, Ch. 929, Sec. 7. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Motor Vehicle Inspection Program › ARTICLE 10 - Accelerated Light-Duty Vehicle Retirement Program › Section 44121.

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 quantifiable after accounting for program uncertainties.
(Added by Stats. 1995, Ch. 929, Sec. 7. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Motor Vehicle Inspection Program › ARTICLE 10 - Accelerated Light-Duty Vehicle Retirement Program › Section 44122.

44122. Emission reductions achieved from retired vehicles shall be quantified as follows:
(a)  Vehicle emissions shall be based on either direct testing, statistical sampling, or emission modeling methods. Sampling of a statistically significant portion of the vehicles may be used to estimate emission benefits or to develop and validate correlations for use in estimating emission benefits.
(b)  A reasonably reliable mechanism shall be applied to estimate vehicle miles traveled and the remaining useful life of each purchased vehicle. The odometer reading shall be matched on each purchased vehicle with the records of the Department of Motor Vehicles and smog check records to verify driving history, or statistical data shall be used to estimate vehicle use.
(c)  An annual survey shall be performed of a statistically meaningful number of participants to determine replacement vehicle and post-participation behavior and also to determine the extent, if any, of in-migration of low-cost vehicles due to price increases in the scrapping market area resulting from the scrap program.
(Added by Stats. 1995, Ch. 929, Sec. 7. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Motor Vehicle Inspection Program › ARTICLE 11 - Enhanced Fleet Modernization Program › Section 44124.

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 All” means the Clean Cars 4 All Program established pursuant to Section 44124.5.
(c) “Disadvantaged community” means a community identified pursuant to Section 39711.
(d) “High polluter” has the same meaning as in Section 44090.
(e) “Low-income state resident” or “low-income motor vehicle owner” has the same meaning as the definition of “low-income motor vehicle owner” in Section 44062.1.
(f) “Mobility option” means a voucher for public transit, car sharing, bike sharing, or electric bicycles.
(g) “Program” means the enhanced fleet modernization program established pursuant to subdivision (a) of Section 44125.
(Amended by Stats. 2019, Ch. 271, Sec. 1. (SB 400) Effective January 1, 2020.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Motor Vehicle Inspection Program › ARTICLE 11 - Enhanced Fleet Modernization Program › Section 44124.5.

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 greenhouse gases, improvements in air quality, and benefits to low-income state residents through the replacement of high-polluter motor vehicles with cleaner and more efficient motor vehicles or a mobility option.
(b) Beginning in the 2018–19 fiscal year, and every fiscal year thereafter, the state board shall set specific, measurable goals for the replacement of passenger vehicles and light- and medium-duty trucks that are high polluters.
(c) The state board shall take steps to meet the goals set forth pursuant to subdivision (b). The steps shall include, but need not be limited to, updating the guidelines for Clean Cars 4 All no later than January 1, 2019.
(d) The regulation implementing this section shall ensure all of the following:
(1) Where applicable, there is improved coordination, integration, and partnerships with other programs that target disadvantaged communities and receive moneys from the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8 of the Government Code.
(2) The state board shall coordinate with districts and local nonprofit and community organizations, prioritizing those organizations that have a strong and ongoing local presence in areas within the district, to identify barriers to accessing Clean Cars 4 All and to develop outreach protocols and metrics to assess the success of outreach across the districts.
(3) The replacement or a mobility option is consistent with paragraph (6) of subdivision (d) of Section 44125.
(4) Provisions enhance the prescreening of applicants to Clean Cars 4 All, if determined by the state board to be appropriate.
(5) By January 1, 2025, all hybrid vehicles purchased using an incentive are capable of plug-in charging.
(e) The state board shall ensure that incentives awarded under the Clean Cars 4 All Program are awarded in accordance with Section 44258.7.
(Amended by Stats. 2022, Ch. 375, Sec. 2.5. (SB 1382) Effective January 1, 2023.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Motor Vehicle Inspection Program › ARTICLE 11 - Enhanced Fleet Modernization Program › Section 44125.5.

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 internet website all of the following:
(a) The performance of both programs relative to the goals set pursuant to subdivision (b) of Section 44124.5 and subdivision (b) of Section 44125.
(b) An accounting that includes, but need not be limited to, moneys allocated to the program and Clean Cars 4 All and the expenditures of the program and Clean Cars 4 All by region.
(c) A performance analysis broken down by district of the replacement and mobility options component of the program and Clean Cars 4 All to identify areas to be emphasized when setting future goals or updating the guidelines for the program and Clean Cars 4 All. The analysis shall include all of the following:
(1) Whether a district implementing the replacement and mobility options component of the program or Clean Cars 4 All has a backlog or a waiting list for applicants and recommendations from the district or state board on how to eliminate the backlog or waiting list.
(2) An evaluation of the funding for targeted outreach in low-income or disadvantaged communities, including whether the funding should be enhanced or modified to reach the goals set pursuant to subdivision (b) of Section 44124.5 and subdivision (b) of Section 44125.
(3) How incentive levels and eligibility criteria can be modified to maximize both participation and emissions reductions.
(4) (A) An assessment identifying populations that are eligible for, but underserved by Clean Cars 4 All. In identifying underserved populations pursuant to this paragraph, the assessment shall, at a minimum, evaluate the participation of households in census tracts shown to be the most impacted in each region, households making less than 225 percent of the federal poverty level, and households that are primarily non-English speaking.
(B) The assessment shall identify barriers preventing the underserved populations identified pursuant to subparagraph (A) from participating in Clean Cars 4 All and propose strategies to overcome those barriers.
(Amended by Stats. 2022, Ch. 375, Sec. 3. (SB 1382) Effective January 1, 2023.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 5 - Motor Vehicle Inspection Program › ARTICLE 11 - Enhanced Fleet Modernization Program › Section 44126.

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 available, upon appropriation by the Legislature, for both of the following:
(a) To the department and the bureau to establish and implement the program created pursuant to this article.
(b) To the state board to implement and administer the program created pursuant to this article.
(Amended by Stats. 2015, Ch. 24, Sec. 14. (SB 83) Effective June 24, 2015.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 5.5 - Heavy-Duty Vehicle Inspection and Maintenance Program › Section 44150.

44150. For purposes of this chapter, “program” means the Heavy-Duty Vehicle Inspection and Maintenance Program established pursuant to Section 44152.
(Added by Stats. 2019, Ch. 298, Sec. 2. (SB 210) Effective January 1, 2020.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 5.5 - Heavy-Duty Vehicle Inspection and Maintenance Program › Section 44154.

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 assessed pursuant to this section shall be limited exclusively to covering the costs of the program and shall be structured to ensure the equitable distribution of any costs among feepayers.
(2) The compliance fee and the maximum amount allowable shall be adjusted annually based on the California Consumer Price Index as compiled and reported by the Department of Labor Relations.
(b) All fees collected by the state board pursuant to this chapter shall be deposited in the Truck Emission Check (TEC) Fund, which is hereby created in the State Treasury. All moneys in the fund shall be available upon appropriation by the Legislature to the state board for the regulatory purposes of the program.
(c) All penalty moneys collected by the state board pursuant to this chapter shall be deposited in the Air Pollution Control Fund.
(Added by Stats. 2019, Ch. 298, Sec. 2. (SB 210) Effective January 1, 2020.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 5.5 - Heavy-Duty Vehicle Inspection and Maintenance Program › Section 44156.

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, the Department of the California Highway Patrol, other interested state agencies, and stakeholders as part of a public process, shall implement a pilot program that develops and demonstrates technologies that show potential for readily bringing vehicles into the program. The state board shall report the findings of the pilot program on its internet website.
(b) No later than two years following the completion of the pilot program required pursuant to this section, and before adopting and implementing the program, the state board shall report to the transportation and environmental committees of the Legislature on the following:
(1) A review of all investigated test procedures, hardware and software, and an assessment of which pathway was found to be the most cost effective, enforceable, and least burdensome for compliant truck operators, including, but not limited to, the estimated operational downtime associated with each test method.
(2) A comprehensive enforcement strategy to ensure the fair application of the program.
(3) A description of how the agency will harmonize the program with existing regulations to ensure stakeholders do not face duplicative requirements.
(4) Steps the state board will take to ensure emission reductions attributed to this program will be accounted for and credited in planning and technical documents including, but not limited to, the state implementation plan, scoping plans, and emissions models.
(Added by Stats. 2019, Ch. 298, Sec. 2. (SB 210) Effective January 1, 2020.)
2023 California Code › Health and Safety Code - HSC › DIVISION 26 - AIR RESOURCES › PART 5 - VEHICULAR AIR POLLUTION CONTROL › CHAPTER 5.5 - Heavy-Duty Vehicle Inspection and Maintenance Program › Section 44158.

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 board shall submit the then-current draft of those proposed rules and regulations to the Joint Legislative Budget Committee, the Senate Committee on Environmental Quality, the Senate Committee on Transportation, the Assembly Committee on Natural Resources, and the Assembly Committee on Transportation.
(Added by Stats. 2019, Ch. 298, Sec. 2. (SB 210) Effective January 1, 2020.)