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 95308 or section 95308.0.1.

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 95308 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.

Enforcement of this subarticle may be carried out by authorized enforcement personnel, which includes representatives of the Air Resources Board (ARB); peace officers as defined in California Penal Code, title 3, chapter 4.5, sections 830 et seq. and their respective law enforcement agencies; authorized representatives of air pollution control or air quality management districts; and any other designee of the Executive Officer.

Note: Authority cited: Sections 39600, 39601, 38510, 38560 and 38560.5, Health and Safety Code. Reference: Sections 39600, 38560, 38560.5 and 38580, Health and Safety Code.

History

1. New section filed 12-9-2009; operative 1-1-2010 pursuant to Government Code section 11343.4 (Register 2009, No. 50).

2. Amendment filed 12-12-2011; operative 1-11-2012 (Register 2011, No. 50).

3. 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 A Certificate of Compliance must be transmitted to OAL by 4-1-2026 or emergency language will be repealed by operation of law on the following day.

4. 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 A Certificate of Compliance must be transmitted to OAL by 6-30-2026 or emergency language will be repealed by operation of law on the following day.