Legislative record

Motor vehicle pollution control devices: aftermarket parts: approval process.

Existing law prohibits the disconnection, modification, or alteration of required motor vehicle pollution control devices. Existing law exempts from the prohibition an alteration, modification, or modifying device, apparatus, or mechanism that is covered by a resolution of the State Air Resources Board that makes specified findings. Under existing regulations, the executive officer of the state board is authorized to exempt add-on and modified parts for on-road vehicles or engines from the above prohibition based on an evaluation conducted in accordance with certain procedures. Existing law requires the state board to undertake a public process to review the existing procedures for exempting parts for on-highway vehicles under those resolutions with the goal of streamlining the process for issuing executive orders. Existing law authorizes the state board to adopt a schedule of fees to cover all or a portion of the state board's reasonable costs for the certification, audit, and compliance of aftermarket parts sold in the state, as specified. This bill would authorize a manufacturer of an add-on or modified part for on-road vehicles or engines to request the state board issue a conditional approval to sell an add-on or modified part before issuance of an executive order while the applicant is awaiting final determination for the add-on or modified part, as specified. The bill would require the state board to make a determination on whether the application is complete and satisfies other specified requirements and, if it determines those requirements are met, to grant a conditional approval. If the state board does not make a determination within 30 days of receipt of a request, the bill would deem the request conditionally approved, except as specified. The bill would authorize, upon the effective date of a conditional approval, the add-on or modified part specified in the application to be sold, offered for sale, advertised, or installed in the state. The bill would require a conditional approval to expire 2 years from the effective date of the conditional approval, unless extended by the executive officer, or upon issuance of an executive order, whichever occurs sooner.