Tim Grayson

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 require the state board, within 30 days of the receipt of an application to exempt certain aftermarket parts and any associated fees, to determine whether the application is complete and, within 60 days of determining that an application is complete and receiving any additional requested emissions testing data, to approve or deny the application, as specified. The bill would require the state board to approve or deny an amended application within 30 days of the receipt of the amended application. If the state board does not approve or deny an application within those timelines, the bill would require the state board to refund the applicant 50% of any fee collected for the application. The bill would also require the state board to submit a report to the Legislature on review and issuance timelines for executive orders issued to exempt those aftermarket parts on or before March 1, 2028, and biennially thereafter until March 1, 2034.