1. (a) In order to overcome the presumption of noncompliance set forth in title 13, California Code of Regulations, section 2123(b), the average emissions of the vehicles, engines, and trailers with the failed emission-related component must comply with applicable emission standards. A manufacturer may demonstrate compliance with the emission standards by following the procedures set forth in either subsection (b) or subsection (c) of this section.

2. (b) A manufacturer may test properly maintained in-use vehicles and trailers with the failed emission-related component pursuant to the applicable certification emission tests specified in title 13, California Code of Regulations, section 1960.1, 1961, 1961.2, 1961.3, or 1961.4, as applicable, for passenger cars, light-duty trucks, and medium-duty vehicles, section 1956.8 for heavy-duty engines and vehicles, section 1958 for motorcycles, and section 2442 for sterndrive/inboard marine engines, and in title 17, California Code of Regulations, section 95663, for heavy-duty vehicles and trailers. The emissions shall be projected to the end of the vehicle's or engine's useful life using in-use deterioration factors. The in-use deterioration factors shall be chosen by the manufacturer from among the following:

   1. (1) “Assigned” in-use deterioration factors provided by the ARB on a manufacturer's request and based on ARB in-use testing; or,
   2. (2) deterioration factors generated during certification, provided adjustments are made to account for vehicle aging, customer mileage-accumulation practices, type of failed component, component failure mode, effect of the failure on other emission-control components, commercial fuel and lubricant quality, and any other factor which may affect the vehicle's or engine's operating conditions; or,
   3. (3) subject to approval by the Executive Officer, a manufacturer-generated deterioration factor. The Executive Officer shall approve such deterioration factor if it is based on in-use data generated from certification emission tests performed on properly maintained and used vehicles in accordance with the procedures set forth in section 1960.1, 1961, 1961.2, or 1961.4 of title 13 of the California Code of Regulations, as applicable, for passenger cars, light-duty trucks, and medium-duty vehicles; section 1956.8 of title 13 of the California Code of Regulations heavy duty vehicles and engines; section 1958 of title 13 of the California Code of Regulations for motorcycles; and section 95663 of title 17 of the California Code of Regulations, for heavy-duty vehicles, and if the vehicles from which it was derived are representative of the in-use fleet with regard to emissions performance and are equipped with similar emission control technology as vehicles with the failed component.
3. (c) In lieu of the vehicle, engine, or trailer emission testing described in subsection (b) above and subject to prior written approval by the Executive Officer, a manufacturer may perform an engineering analysis, laboratory testing or bench testing, when appropriate, to demonstrate the effect of the failure.
4. (d) This section does not apply to 2024 and subsequent model year California-certified heavy-duty diesel and Otto-cycle engines, and heavy-duty vehicles.

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 2147 or section 2147.0.1.

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 2147 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, 39500, 39600, 39601, 43000.5, 43013, 43018, 43105, 43204, 43205.5 and 43214 Health and Safety Code. Reference: Sections 38501, 38505, 38510, 38560, 43000, 43009.5, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5, Health and Safety Code.

History

1. New section filed 1-24-90; operative 2-23-90 (Register 90,No. 8).

2. Amendment of subsections (b) and (b)(3) filed 10-28-99; operative 11-27-99 (Register 99, No. 44).

3. Amendment of subsection (b) filed 7-22-2002; operative 8-21-2002 (Register 2002, No. 30).

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

5. Amendment of subsections (b) and (b)(3) filed 8-7-2012; operative 8-7-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 32).

6. Amendment of subsections (b) and (b)(3) and amendment of Note filed 12-5-2014; operative 12-5-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 49).

7. Editorial correction of History 6 (Register 2014, No. 50).

8. Amendment of section and 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.

9. Amendment of subsections (b) and (b)(3) filed 11-30-2022; operative 11-30-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 48).

10. 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.

11. 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.