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 95664 or section 95664.0.1.

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 95664 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.

If any section, paragraph, subparagraph, sentence, clause, phrase, or portion of the subarticle is, for any reason, held invalid, unconstitutional, or unenforceable by any court of competent jurisdiction, such portion shall be deemed as a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of this subarticle.

Note: Authority cited: Sections 38501, 38505, 38510, 38560, 39010, 39600, 39601, 43013, 43018, 43101, 43104, and 43105, Health and Safety Code. Reference: Sections 38501, 38505, 38510, 38560, 38580, 39002, 39003, 39600, 39601, 43000, 43009.5, 43013, 43018, 43100, 43101, 43101.5, 43102, 43104, 43105, 43106, 43205, 43205.5 and 43211, Health and Safety Code.

History

1. New section filed 12-5-2014; operative 12-5-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 49).

2. Editorial correction of History 1 (Register 2014, 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 A Certificate of Compliance must be transmitted to OAL by 4-1-2026 or emergency language will be repealed by operation of law on the following day.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 A Certificate of Compliance must be transmitted to OAL by 6-30-2026 or emergency language will be repealed by operation of law on the following day.