1. (a) The provisions of this article apply to:

   1. (1) California-certified 2024 and later model year heavy-duty diesel and heavy-duty Otto-cycle engines, and
   2. (2) California-certified heavy-duty vehicles using such engines.
2. (b) These procedures do not apply to zero-emission powertrains certified under title 13, California Code of Regulations, section 1956.8.
3. (c) For the purpose of this Article, the definitions shall be same as those set forth in title 13, California Code of Regulations, sections 2166.1 and 2035(c) (or 2112).
4. (d) This article contains procedures for requiring recalls or other corrective action based on failures to comply with performance standards, as evidenced by emissions warranty information. Nothing in this article limits the Executive Officer's authority pursuant to Health and Safety Code to require recalls or other corrective action in other types of situations.
5. (e) Each part of this article shall be deemed severable, and in the event that any part of this article is held to be invalid, the remainder of this article shall continue in full force and effect.

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 this section 2166.

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 2166 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 39500, 39600, 39601, 43000.5, 43013, 43018, 43204, 43205.5 and 43214, Health and Safety Code. Engine Mfrs Assn v. California Air Resources Board, (2014) 231 Cal. App.4th 1022. Reference: Sections 43000, 43100, 43101, 43102, 43106, 43107 and 43806, Health and Safety Code.

History

1. New article 5 (sections 2166-2170) and section 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. For prior history of article 5, sections 2166-2174, see Register 2010, No. 46.

2. New first and second paragraphs and amendment of Note 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.

3. New first and second paragraphs and amendment of Note 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.