43600-43646

HEALTH AND SAFETY CODE
SECTION 43600-43646




43600.  The state board shall adopt and implement emission standards
for used motor vehicles for the control of emissions therefrom,
which standards the state board has found to be necessary and
technologically feasible to carry out the purposes of this division;
however, the installation of certified devices on used motor vehicles
shall not be mandated except by statute. Such standards may be
applicable to motor vehicle engines, rather than to motor vehicles.



43601.  The state board shall certify exhaust devices for 1955
through 1965 model year motor vehicles.



43602.  An exhaust device certified by the state board pursuant to
Section 43601 shall not allow emissions exceeding any of the
following:
   (a) 350 parts per million hydrocarbons.
   (b) 2 percent carbon monoxide.
   (c) 800 parts per million nitrogen oxide.
   However, if no exhaust device meets all three of the maximums
specified in subdivisions (a), (b), and (c), the state board may
certify an exhaust device which meets any two of the three maximums
specified, if the installation of such a device in a motor vehicle
would not increase the other emission in excess of the emission of
that pollutant by the vehicle in the absence of such a device.
   If two or more exhaust devices are certified that they meet the
requirements of this section, the state board may not require the
installation of more than one exhaust device on any motor vehicle.



43603.  The state board shall adopt, by regulation, criteria for the
certification of exhaust devices pursuant to Section 43601. Such
criteria shall include, but not be limited to, requirements that:
   (a) The device meets the cost and performance requirement
specified in Section 43604.
   (b) The device shall not allow exhaust emissions exceeding the
amount specified in Section 43602.
   (c) The manufacturer of the device comply with Section 43635.



43604.  An exhaust device certified pursuant to Section 43601:
   (a) Shall not cost, including the cost of installation, more than
eighty-five dollars ($85).
   (b) Shall not require maintenance more than once each 12,000 miles
of operation, and such maintenance shall not cost, including the
cost of parts and labor, more than fifteen dollars ($15).
   (c) Shall equal or exceed the performance criteria established by
the state board for such devices for new motor vehicles or, in the
alternative, have an expected useful life of at least 30,000 miles of
operation.



43610.  The state board shall set standards for, and certify,
exhaust devices to significantly reduce the emission of oxides of
nitrogen from 1966 through 1970 model year motor vehicles, as
determined by the state board from a representative sampling of such
motor vehicles, which the state board has found to be necessary and
technologically feasible to carry out the purposes of this division.
   In setting standards under this section, the primary consideration
shall be the greatest possible reduction of oxides of nitrogen.



43611.  The state board shall adopt, by regulation, criteria for the
certification of exhaust devices pursuant to Section 43610. Such
criteria shall include, but not be limited to, requirements that:
   (a) The device meets the cost and performance requirements
specified in Section 43612.
   (b) The device shall not allow exhaust emissions of oxides of
nitrogen exceeding the standard adopted by the state board pursuant
to Section 43610.
   (c) The manufacturer of the device comply with Sections 43613 and
43635.



43612.  An exhaust device certified pursuant to Section 43610:
   (a) Shall not cost, including the cost of installation, more than
thirty-five dollars ($35).
   (b) Shall not require maintenance more than once each 12,000 miles
of operation, and such maintenance shall not cost, including the
cost of parts and labor, more than fifteen dollars ($15).
   (c) Shall equal or exceed the performance criteria established by
the state board for devices for new motor vehicles or, in the
alternative, have an expected useful life of at least 50,000 miles of
operation.



43613.  The manufacturer of an exhaust device certified pursuant to
Section 43610 shall include, with the sale of such device,
instructions setting forth what steps the purchaser should take to
maintain such device in proper working condition.




43614.  After one or more devices are initially certified pursuant
to Section 43610, no device shall be certified under that section
which is less effective than the one or ones initially certified. Any
subsequent certification of a more effective device shall not affect
the certification of a previously certified device.




43630.  (a) In addition to certifying devices which meet the
standards set forth in, or established pursuant to, Sections 43602
and 43610, the state board shall adopt standards for certifying
exhaust devices which achieve a reduction of the emission of
hydrocarbons, carbon monoxide, and oxides of nitrogen from the
exhaust of a motor vehicle substantially below the standards for any
two pollutants set forth in, or established pursuant to, Section
43602 or 43610.
   If, however, an exhaust device is shown to substantially reduce
the emission of any two of the three pollutants, the state board may
certify such a device, so long as the installation of such device in
a motor vehicle does not increase the emission of the other pollutant
in excess of the emission of that pollutant by the vehicle in the
absence of such a device.
   (b) Devices certified pursuant to this section may be certified
without regard to the provisions of subdivision (a) of Section 43604
or subdivision (a) of Section 43612.
   (c) After one or more such devices are initially certified, no
device shall be certified pursuant to this section which is
substantially less effective than any device previously certified,
unless the state board determines, pursuant to a cost-benefit
analysis, that such less effective device is also substantially less
costly and therefore merits certification. Any subsequent
certification of a more effective device shall not affect the
certification of a previously certified device.
   (d) The state board may permit the installation of a device
certified pursuant to this section in lieu of any certified motor
vehicle pollution control device which is required to be installed
pursuant to any other provision of state law, if the installation of
such device on that particular classification of motor vehicles
results in no greater emissions than if the required certified device
were operative over the life of the vehicle. The applicant shall be
responsible for proving compliance with this subdivision and with
other applicable criteria. Certificates of compliance shall be
required upon the installation of a device certified pursuant to this
section and installed pursuant to this subdivision, as if it were a
device required by any other provision of state law.



43635.  As a condition to the certification of any motor vehicle
pollution control device required under this chapter, except Section
43630, the manufacturer of such a device, in order to protect the
public interest, shall agree to either of the following:
   (a) That, until two or more such devices are certified for the
same subclassification of motor vehicles, he enter into such
cross-licensing or other agreements the state board determines, after
a public hearing, are necessary to insure adequate competition among
manufacturers of such devices.
   (b) That, if his device is the only one made available to the
public, the retail price of the device, including installation, does
not exceed the price established, after a public hearing, by the
state board for that device.


43636.  (a) In establishing the fair and reasonable retail price for
a motor vehicle pollution control device for purposes of subdivision
(b) of Section 43635, the state board shall take into consideration
the cost of manufacturing the device and the manufacturer's suggested
retail price.
   (b) The price established by the state board shall, in no case,
exceed the amount specified in subdivision (a) of Section 43604 or
subdivision (a) of Section 43612, as the case may be.



43640.  The state board may revoke, suspend, or restrict a
certification of a previously certified device, or an exemption
previously granted, upon a determination by the state board that the
device no longer operates within the applicable criteria and
standards adopted by the state board or no longer should be exempted.
   Such a determination may be based on any relevant information,
including, but not limited to, a change in the device, significant
differences between certified and production models, or new data
which bear upon the applicable certification criteria or standards
and require the revocation of the device.



43641.  Proceedings to review the denial of an application for
certification or exemption, or proceedings to revoke, suspend, or
restrict a certification previously granted by the state board,
shall, upon the timely request of the applicant or affected
manufacturer, be conducted by the state board in accordance with the
provisions of Chapter 5 (commencing with Section 11500), Part 1,
Division 3, Title 2 of the Government Code, and the state board shall
have all the powers granted therein to the Office of Administrative
Hearings.


43642.  Certification for a motor vehicle pollution control device
may be revoked by the state board, if the actual cost of the device
installed exceeds the cost permitted by law or established pursuant
to subdivision (b) of Section 43635.



43643.  Any motor vehicle equipped with a certified device shall not
be deemed in violation of the provisions of this part, or Section
27156 of the Vehicle Code, because the certification of the device is
subsequently revoked, suspended, or restricted.
   Replacement parts for the device may continue to be supplied and
used for such vehicle, unless the revocation, suspension, or
restriction is based upon a finding that the certified device has
been found to be unsafe in actual use or is otherwise mechanically
defective, in which event the device shall be brought into compliance
with the provisions of this part within 30 days after such a
finding.



43644.  (a) No person shall install, sell, offer for sale, or
advertise, or, except in an application to the state board for
certification of a device, represent, any device as a motor vehicle
pollution control device for use on any used motor vehicle unless
that device has been certified by the state board. No person shall
sell, offer for sale, advertise, or represent any motor vehicle
pollution control device as a certified device which, in fact, is not
a certified device. Any violation of this subdivision is a
misdemeanor.
   (b) Subdivision (a) shall not preclude any person from installing,
selling, offering for sale, or advertising a device as a motor
vehicle pollution control device for use on a particular
classification of used motor vehicles if the state board has found
that the installation of the device on that particular classification
of used motor vehicle results in such vehicles meeting the state
exhaust emissions standards.


43645.  Whenever the state board certifies a motor vehicle pollution
control device for the control of emissions of pollutants from a
particular source of emissions from motor vehicles for which
standards have been set by this part or by the state board, it shall
so notify the Department of Motor Vehicles, the Department of the
California Highway Patrol, and the bureau.



43646.  (a) The bureau, in consultation with the state board, may
develop, not later than 180 days from the operative date of this
section, a list of engine maintenance practices that are designed to
improve a motor vehicle's engine operating efficiency. The bureau
shall conduct any evaluations that it determines to be necessary to
identify the extent to which various maintenance practices could
reduce vehicle emissions, and the minimum periodic application of
each maintenance practice that is required to achieve the desired
improvement in engine operating efficiency. The bureau may contract
with private automotive testing services to carry out the
evaluations.
   (b) The bureau shall make the list available to the public, and
shall specify therein the extent to which each maintenance practice
can be expected to reduce vehicle emissions, and how the application
of each practice could result in a reduction of the vehicle's smog
index.
   (c) A motor vehicle owner who subjects his or her vehicle to
enhanced maintenance practices, as established by the bureau, may
submit the vehicle to an in-use emissions evaluation at a smog check
station to determine if excessive in-use emissions have been reduced.
If the vehicle is certified as having reduced its emissions relative
to its last in-use emissions evaluation, the Department of Motor
Vehicles shall adjust the smog index for the vehicle. Vehicles
receiving adjustments pursuant to this subdivision shall submit to
annual in-use emissions evaluations to maintain their adjusted smog
index. A failure to submit an annual in-use emissions evaluation to
the Department of Motor Vehicles shall result in the vehicle's smog
index being adjusted to its original level.
   (d) This section shall become inoperative pursuant to Section 33
of the act adding this section or, in any case, five years from the
date determined pursuant to Section 32 of the act adding this
section, and on the January 1 following the date upon which this
section becomes inoperative, is repealed.