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

Removed the January 1, 2027 cutoff date that required manufacturers to have received at least 10 executive orders before that date. Added a new requirement that at least one of those 10 executive orders must be for an add-on or modified part within the same application category (as defined in Section III(a) of the exemption procedures) as the part subject to the current application.

Extended the deadline for the state board to revise its exemption procedures and associated forms from January 1, 2028 to July 1, 2028, giving the agency an additional six months.

Tightened legislative intent language by adding the word 'only' before 'manufacturers with a demonstrated record of compliance and transparent engagement,' emphasizing that the conditional approval process is limited to experienced, compliant manufacturers. Added explicit language that streamlined review should benefit responsible actors without weakening emissions safeguards.

Removed the legislative finding that 'a lengthy executive order review process can impose significant economic burdens on manufacturers by preventing the sale of products while applications remain under review,' along with two other earlier findings about manufacturer partnerships and investment, which were replaced with revised language.

Changed the term 'emissions testing facility' to 'emissions test laboratory' throughout the bill. Simplified the definition of 'complete application' from a nested structure to a flat list of requirements (A through E).

Added an explicit cross-reference in the deemed-approval provision (30 business day rule) to the extension mechanism for high-volume periods, clarifying that the 30-day clock is subject to the extension provision.

Section 43019.5 was entirely removed, eliminating the requirement for the state board to submit biennial reports to the Legislature on executive order review and issuance timelines (originally due March 1, 2028 through March 1, 2034).

The legislative findings and intent were substantially rewritten to emphasize that the conditional approval process is limited to manufacturers with a demonstrated record of compliance and transparent engagement, and to highlight the program's role in preventing unlawful modifications to vehicle emissions systems.

The general application review timeline provision was removed: the requirement that the state board determine completeness within 30 days, approve or deny within 60 days of a complete application, and refund 50% of fees if those timelines were missed no longer appears in the bill.

A new volume-based extension mechanism was added: if the state board receives more than 50 conditional approval applications during any 30-business-day period, it may extend the determination deadline by 15 business days per increment of 50 additional applications, limited to one extension maximum.

A new eligibility requirement was added: in addition to having at least 10 prior executive orders before January 1, 2027, the applicant must have at least one of those orders issued for a part within the same application category (per Section III(a) of the exemption procedures) as the part being applied for.

A new ground for suspension or revocation of a conditional approval was added: the state board may now revoke if it determines the application contained materially inaccurate or misleading information at the time of submission.

The deadline for the state board to revise its exemption procedures to conform to the new section changed from January 1, 2028 to July 1, 2028.

The term 'emissions testing facility' was replaced with 'test laboratory' throughout the bill, and a new definition of 'exemption procedures' was added, specifically referencing the Procedures for Exemption of Add-On and Modified Part(s) adopted June 29, 2021, as amended March 23, 2023.

New Section 43019.4 establishes a conditional approval process allowing manufacturers with at least 10 prior executive orders (issued before January 1, 2027) to sell, advertise, and install aftermarket parts in California while their executive order application is still under review by CARB.

New Section 1 adds legislative findings and declarations stating that lengthy executive order review imposes significant economic burdens on manufacturers, and declaring intent to provide certainty, transparency, and timely review. It also clarifies that the act does not alter emissions standards or limit CARB's authority to request additional information, deny applications, or require corrective action.

Conditional approval eligibility requires the applicant to have received at least 10 executive orders from CARB before January 1, 2027, regardless of whether they were for the same or similar parts.

A 'complete application' for conditional approval must include all required information, fees, a testing report from a CARB-approved emissions testing facility (with complete test results, vehicle identification, procedures, validation, and a clear compliance conclusion), plus a product description and a certification that the part satisfies Vehicle Code Section 27156 criteria.

A conditional approval expires 2 years from its effective date unless extended by the executive officer, or upon issuance of a final executive order, whichever occurs sooner.

CARB has 30 business days to determine whether a conditional approval application meets requirements. If CARB fails to act within that period, the application is automatically deemed conditionally approved (deemed approval).

CARB must revise its procedures, forms, guidance documents, or regulations incorporated by reference in Section 2222(e) of Title 13 CCR by January 1, 2028 to conform to the new conditional approval requirements.

Upon withdrawal, revocation, or expiration of a conditional approval, the executive officer may require the manufacturer to implement a recall, corrective action, stop-sale order, or other remedy. The manufacturer bears all associated costs. Non-compliance with a recall or corrective action plan is subject to civil penalties under Section 43008.6.

New definitions added for 'applicant,' 'complete application,' 'emissions testing facility,' and 'final determination' within the conditional approval section.

The digest language was simplified: 'for the issuance of an executive order to exempt' was shortened to 'to exempt.' Page numbers shifted from 97 to 96. Minor formatting and spacing adjustments throughout.

Section 43019.4(a)(1)(A) changed from 'exempt an aftermarket part pursuant to Section 27156' to 'exempt an add-on or modified part under Section 27156,' using more precise regulatory terminology consistent with the California Code of Regulations.

Section 43019.5(a) changed the cross-reference from 'aftermarket parts pursuant to Section 27156 of the Vehicle Code' to 'aftermarket parts described in Section 43019.4,' making the reporting requirement reference the new section directly.

The legislative counsel's digest was expanded to include a sentence noting that 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 based on an evaluation conducted in accordance with certain procedures.

The bill now applies only to specific aftermarket part categories: add-on or modified parts based on evaluations under subdivision (e) or (j) of Section 2222 of Title 13 CCR, and add-on or modified parts for off-road recreational vehicles under subdivision (e) of Section 2474 of Title 13 CCR. It also references Section 38395 of the Vehicle Code as an additional basis for executive orders.

The biennial reporting requirement is narrowed to cover only the specific aftermarket part categories described in the new Section 43019.4, rather than all aftermarket parts under Section 27156 of the Vehicle Code.

A new definition is added stating that an application is 'complete' if it includes all requested information, has no missing sections or blanks, and contains the required signatures.

The 60-day approval/denial clock now starts not just when the board determines the application is complete, but also after receiving any additional requested emissions testing data. This gives the board more time when it needs to wait for test results before making a decision.

The 30-day deadline for the board to act on an amended application now runs from receipt of the amended application rather than from the date of the original denial, clarifying the trigger point.