1. (a) These procedures shall apply to:

   1. (1) California-certified 1982 and subsequent model-year passenger cars, light-duty trucks, medium-duty vehicles, heavy-duty vehicles, motorcycles, and California-certified 1997 and subsequent model-year off-road motorcycles and all-terrain vehicles, and 2007 and subsequent model-year off-road sport vehicles, off-road utility vehicles, and sand cars, including those federally certified vehicles which are sold in California pursuant to Health and Safety Code section 43102,
   2. (2) California-certified motor vehicle engines used in such vehicles,
   3. (3) California-certified 2000 and subsequent model-year off-road compression-ignition engines,
   4. (4) California-certified 2008 model year spark-ignition sterndrive/inboard marine engines with maximum rated power less than or equal to 373 kilowatts complying with the Option 2 requirements in Section 2442(b)(1) and all California-certified 2009 and subsequent model-year spark-ignition sterndrive/inboard marine engines, and
   5. (5) California-certified 2020 and subsequent model year trailers certified in accordance with the provisions of section 95663(c), title 17, California Code of Regulations.
2. (b) These procedures shall not apply to zero emission vehicles and those vehicles certified under Health and Safety Code section 44201.
3. (c) The Executive Officer may waive any or all of the requirements of these procedures if he or she determines that the requirement constitutes an unwarranted burden on the manufacturer without a corresponding emission reduction.

Unless and until a court of competent jurisdiction issues a final ruling that H.J. Res. 88 (119th Congress) and H.J. Res. 89 (119th Congress) are invalid or that the waivers U.S. EPA granted California on January 6, 2025, 90 Federal Register 642 and 90 Federal Register 643, are in effect, regulated parties may choose to follow either this section 2111 or section 2111.0.1.

However, if a court of competent jurisdiction issues a final ruling that H.J. Res. 88 (119th Congress) and H.J. Res. 89 (119th Congress) are invalid or that the waivers U.S. EPA granted California on January 6, 2025, 90 Federal Register 642 and 90 Federal Register 643, are in effect, the regulated parties are subject to the requirements of this section 2111 to the extent consistent with the court's final ruling. Notice of the court's ruling will be posted on CARB's website, https://arb.ca.gov.

Note: Authority cited: Sections 38501, 38505, 38510, 38560, 39600, 39601, 43013, 43018 and 43105, Health and Safety Code. Reference: Sections 38501, 38505, 38510, 38560, 43000, 43009.5, 43013, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5, Health and Safety Code.

History

1. Repealer of former section 2111, and renumbering and amendment of text previously incorporated by reference in section 2112 to section 2111 filed 1-24-90; operative 2-23-90 (Register 90, No. 8). For prior history, see Registers 86, No. 38.

2. Amendment of subsection (a)(1) filed 8-30-91; operative 9-30-91 (Register 92, No. 14).

3. Amendment of subsection (a)(1), new subsection (b), subsection relettering, and amendment of Note filed 1-26-95; operative 1-26-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 4). Note: Under section 209(e)(2) of the Federal Clean Air Act (42 U.S.C. § 7543(e)(2)), California is required to receive authorization from the Administrator of the U.S. Environmental Protection Agency (U.S. EPA) prior to enforcing its regulations regarding new off-road vehicles and engines. Accordingly, the Air Resources Board will not seek to enforce the off-highway recreational vehicle regulations until such time as it receives authorization from the U.S. EPA.

4. Amendment of subsections (a)(1) and (a)(2) filed 12-28-2000; operative 12-28-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 52).

5. Amendment of subsections (a)(2)-(3) and new subsection (a)(4) filed 7-22-2002; operative 8-21-2002 (Register 2002, No. 30).

6. Amendment of subsection (a)(4) filed 11-13-2006; operative 12-13-2006 (Register 2006, No. 46).

7. Amendment of subsection (a)(1) filed 7-16-2007; operative 8-15-2007 (Register 2007, No. 29).

8. Amendment of subsection (a)(1) and amendment of Note filed 12-5-2007; operative 1-4-2008 (Register 2007, No. 49).

9. Amendment of subsection (a)(4) filed 7-17-2009; operative 8-16-2009 (Register 2009, No. 29).

10. Amendment of subsection (a)(1) and amendment of Note filed 11-8-2010; operative 12-8-2010 (Register 2010, No. 46).

11. Amendment of subsections (a)(3)-(4), new subsection (a)(5) and amendment of Note filed 12-22-2021; operative 4-1-2022 (Register 2021, No. 52). Transmission deadline specified in Government Code section 11346.4(b) extended 60 calendar days pursuant to Executive Order N-40-20. Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.

12. New first and second paragraphs filed 10-2-2025 as an emergency; operative 10-2-2025 (Register 2025, No. 40). A Certificate of Compliance must be transmitted to OAL by 4-1-2026 or emergency language will be repealed by operation of law on the following day.

13. New first and second paragraphs refiled 3-26-2026 as an emergency; operative 4-1-2026 (Register 2026, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-30-2026 or emergency language will be repealed by operation of law on the following day.