Section 44013 Of Article 2. Program Requirements From California Health And Safety Code >> Division 26. >> Part 5. >> Chapter 5. >> Article 2.
44013
. (a) (1) The department, in cooperation with the state board,
shall prescribe maximum emission standards to be applied in
inspecting motor vehicles under this chapter.
(2) In prescribing the standards, the department shall undertake
studies and experiments which are necessary and feasible, evaluate
available data, and confer with automotive engineers.
(3) The standards shall be set at a level reasonably achievable
for each class and model of motor vehicle when operating in a
reasonably sound mechanical condition, allowing for the effects of
installed motor vehicle pollution control devices and the motor
vehicle's age and total mileage.
(4) The standards shall be designed so that motor vehicles failing
the test specified in Section 44012 will be operated, as soon as
possible, with a substantial reduction in emissions, and shall be
revised from time to time as experience justifies.
(b) The department, in cooperation with the state board, shall
research and prescribe test procedures to be applied in inspecting
motor vehicles under this chapter, which procedures shall be simple,
cost-effective, and consistent with Section 44012. The department may
revise the test procedures from time to time as experience
justifies. To the extent that any test procedure revision requires
new equipment, or a change in equipment, at licensed smog check
stations, the department shall provide a reasonable period of time
for the acquisition and installation of that new or changed
equipment.
(c) Notwithstanding any other provision of this chapter, the
maximum emission standards and test procedures prescribed in
subdivisions (a) and (b) for a motor vehicle class and model-year
shall not be more stringent than the emission standards and test
procedures under which that motor vehicle's class and model-year was
certified. Emission standards and test procedures prescribed by the
department shall ensure that not more than 5 percent of the vehicles
or engines, which would otherwise meet the requirements of this part,
will fail the inspection and maintenance test for that class of
vehicle or engine.
(d) This section shall become operative five years from the date
determined pursuant to Section 32 of the act adding this section.