Cal. Code Regs. tit. 16 § 3394.4

Current through Register 2024 Notice Reg. No. 50, December 13, 2024

Section 3394.4 - [Operative until 1/1/2025] Eligibility Requirements

(a) In order to participate in the Repair Assistance option of the Consumer Assistance Program, the following requirements must be met:

(1) The applicant must be the registered owner of the vehicle with vehicle title issued in their name.

(2) The applicant must not have previously participated in the Repair Assistance option for the same vehicle.

(3) The applicant must have a household income that is less than or equal to two hundred twenty-five percent (225%) of the federal poverty level, as published in the Federal Register by the United States Department of Health and Human Services.

(4) The applicant must pay a minimum of twenty percent (20%) of the total cost of diagnosis and repair of the emissions-related failure as co-payment for participating in the Repair Assistance option. Once the Bureau's eighty percent (80%) portion of the diagnosis and repair pursuant to Health and Safety Code section 44094(b)(1) has reached the maximum amount payable as defined by section 3394.3(c), all additional costs shall be borne by the applicant. The co-payment shall be paid directly to the station that performs the state-subsidized emissions-related repair work under an agreement with the Bureau.

(5) At the time of application, the vehicle must:

(A) Have failed its biennial Smog Check inspection. Aborted, manual mode, and training mode tests do not qualify.

(B) Be currently registered with the Department of Motor Vehicles with a valid and unexpired registration sticker, or have all fees paid to the Department of Motor Vehicles and not have a registration that has been expired more than 365 days.

(b) In order to participate in the Vehicle Retirement option of the Consumer Assistance Program, the following requirements must be met:

(1) The applicant must not have retired another vehicle through the Consumer Assistance Program within a twelve-(12) month period.

(2) A joint owner of a vehicle may not retire more than two (2) vehicles through the Consumer Assistance Program within a twelve-(12) month period.

(3) The applicant must be the registered owner of the vehicle with vehicle title issued in their name.

(4) An applicant who meets household income level requirements listed in paragraph (3) of subdivision (a) of this section shall receive one thousand five hundred dollars ($1,500) for each vehicle retired.

(5) An applicant who does not meet household income level requirements listed in paragraph (3) of subdivision (a) of this section shall receive one thousand dollars ($1,000) for each vehicle retired from operation.

(6) At the time of application, the vehicle must:

(A) Have failed its most recent Smog Check inspection for causes other than an ignition timing adjustment or a non-functioning gas cap. Aborted, manual mode, and training mode tests do not qualify.

(B) Be a passenger vehicle, truck, sports utility vehicle (SUV), or van, with a gross vehicle weight rating of 10,000 pounds or less.

(C) Be currently registered with the Department of Motor Vehicles with a valid and unexpired registration sticker, or have all fees paid to the Department of Motor Vehicles and not have a registration that has been expired more than 120 days.

(D) Have been continuously registered in California with the Department of Motor Vehicles without substantial lapse during the two consecutive years preceding the current registration expiration date, such that it has not experienced breaks in registration totaling more than 120 days.

(7) After approval of an application and prior to being accepted for retirement, the vehicle must pass an operational inspection conducted by the Bureau or its representative verifying that:

(A) The vehicle is driven under its own power to an approved dismantler site.

(B) The vehicle's engine starts readily through ordinary means without the use of starting fluids or external booster batteries.

(C) The drivability of the vehicle is not affected by any body, steering, or suspension damage.

(D) The vehicle is able to drive forward a minimum distance of ten (10) yards under its own power.

(E) The interior pedals are operational.

(8) After approval of an application and prior to being accepted for retirement, the vehicle must pass a visual inspection conducted by the Bureau or its representative verifying that:

(A) All doors are present.

(B) The hood lid is present.

(C) The dashboard is present.

(D) The windshield is present.

(E) At least one side window glass is present.

(F) The driver's seat is present.

(G) At least one bumper is present.

(H) The exhaust system is present.

(I) All side and/or quarter panels are present.

(J) At least one headlight, one taillight, and one brake light are present.

(c) This section does not apply to the Enhanced Fleet Modernization Program.

Cal. Code Regs. Tit. 16, § 3394.4

1. New section filed 12-3-98 as an emergency; operative 12-3-98 (Register 98, No. 49). A Certificate of Compliance must be transmitted to OAL by 4-2-99 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 3-30-99 as an emergency; operative 4-2-99 (Register 99, No. 14). A Certificate of Compliance must be transmitted to OAL by 8-2-99 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 7-26-99 as an emergency; operative 8-2-99 (Register 99, No. 31). A Certificate of Compliance must be transmitted to OAL by 11-30-99 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-26-99 order, including amendment of section and NOTE, transmitted to OAL 11-18-99 and filed 1-3-2000 (Register 2000, No. 1).
5. Amendment of section heading, section and NOTE filed 6-26-2000 as an emergency; operative 7-1-2000 (Register 2000, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-30-2000 or emergency language will be repealed by operation of law on the following day.
6. Amendment of section heading, section and NOTE refiled 10-30-2000 as an emergency, including further amendment of NOTE; operative 10-30-2000 (Register 2000, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-27-2001 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 10-30-2000 order, including further amendment of section and NOTE, transmitted to OAL 2-9-2001 and filed 3-27-2001 (Register 2001, No. 13).
8. Amendment of subsection (b)(1) filed 2-26-2002 as an emergency; operative 2-26-2002 (Register 2002, No. 9). A Certificate of Compliance must be transmitted to OAL by 6-26-2002 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 2-26-2002 order transmitted to OAL 6-13-2002 and filed 7-2-2002 (Register 2002, No. 27).
10. Amendment of section and NOTE filed 7-31-2006; operative 7-31-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 31).
11. Redesignation and amendment of former subsection (c)(4) as subsection (c)(4)(A), new subsection (c)(4)(B), redesignation and amendment of former subsection (c)(6) as subsection (c)(6)(A) and new subsection (c)(6)(B) filed 8-12-2008; operative 8-12-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 33).
12. Amendment of section and NOTE filed 7-30-2010 as an emergency; effective 7-30-2010. Emergency regulation shall become operative on the effective date of the Air Resources Board's AB 118 Enhanced Fleet Modernization Program regulations, 13 CCR division 3, chapter 13, sections 2620-2630. A Certificate of Compliance must be transmitted to OAL by 1-26-2011 or emergency language will be repealed by operation of law on the following day (Register 2010, No. 31).
13. Amendment filed 10-18-2010; operative 11-17-2010 (Register 2010, No. 43).
14. Certificate of Compliance as to 7-30-2010 order, including new subsection (b)(5)(C) and further amendment of subsections (b)(5)(B) and (c)(6), transmitted to OAL 11-30-2010 and filed 1-11-2011 (Register 2011, No. 2).
15. Change without regulatory effect amending section filed 1-27-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 4).
16. Amendment filed 3-30-2012; operative 4-29-2012 (Register 2012, No. 13).
17. Amendment of section and NOTE filed 6-23-2014; operative 7-1-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 26).
18. Amendment of subsection (a)(4), repealer of subsection (a)(5)(C) and amendment of NOTE filed 8-31-2020 as an emergency; operative 8-31-2020. Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-66-20) (Register 2020, No. 36). A Certificate of Compliance must be transmitted to OAL by 6-29-2021 or emergency language will be repealed by operation of law on the following day.
19. Amendment of subsection (a)(4), repealer of subsection (a)(5)(C) and amendment of NOTE refiled 6-4-2021 as an emergency; operative 6-30-2021. Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-71-20) (Register 2021, No. 23). A Certificate of Compliance must be transmitted to OAL by 1-28-2022 or emergency language will be repealed by operation of law on the following day.
20. Certificate of Compliance as to 6-4-2021 order transmitted to OAL 12-9-2021 and filed 1-20-2022 (Register 2022, No. 3).

Note: Authority cited: Sections 44001.5, 44002 and 44062.3, Health and Safety Code; and Section 9882, Business and Professions Code. Reference: Sections 44001.3, 44005, 44010.5, 44011, 44012, 44014.2, 44014.7, 44015, 44017, 44017.1, 44037.1, 44062.1, 44062.3, 44091, 44092, 44093, 44094, 44095 and 44125, Health and Safety Code.

1. New section filed 12-3-98 as an emergency; operative 12-3-98 (Register 98, No. 49). A Certificate of Compliance must be transmitted to OAL by 4-2-99 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 3-30-99 as an emergency; operative 4-2-99 (Register 99, No. 14). A Certificate of Compliance must be transmitted to OAL by 8-2-99 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 7-26-99 as an emergency; operative 8-2-99 (Register 99, No. 31). A Certificate of Compliance must be transmitted to OAL by 11-30-99 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-26-99 order, including amendment of section and Note, transmitted to OAL 11-18-99 and filed 1-3-2000 (Register 2000, No. 1).
5. Amendment of section heading, section and Note filed 6-26-2000 as an emergency; operative 7-1-2000 (Register 2000, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-30-2000 or emergency language will be repealed by operation of law on the following day.
6. Amendment of section heading, section and Note refiled 10-30-2000 as an emergency, including further amendment of Note; operative 10-30-2000 (Register 2000, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-27-2001 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 10-30-2000 order, including further amendment of section and Note, transmitted to OAL 2-9-2001 and filed 3-27-2001 (Register 2001, No. 13).
8. Amendment of subsection (b)(1) filed 2-26-2002 as an emergency; operative 2-26-2002 (Register 2002, No. 9). A Certificate of Compliance must be transmitted to OAL by 6-26-2002 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 2-26-2002 order transmitted to OAL 6-13-2002 and filed 7-2-2002 (Register 2002, No. 27).
10. Amendment of section and Note filed 7-31-2006; operative 7-31-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 31).
11. Redesignation and amendment of former subsection (c)(4) as subsection (c)(4)(A), new subsection (c)(4)(B), redesignation and amendment of former subsection (c)(6) as subsection (c)(6)(A) and new subsection (c)(6)(B) filed 8-12-2008; operative 8-12-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 33).
12. Amendment of section and Note filed 7-30-2010 as an emergency; effective 7-30-2010. Emergency regulation shall become operative on the effective date of the Air Resources Board's AB 118 Enhanced Fleet Modernization Program regulations, 13 CCR division 3, chapter 13, sections 2620-2630. A Certificate of Compliance must be transmitted to OAL by 1-26-2011 or emergency language will be repealed by operation of law on the following day (Register 2010, No. 31).
13. Amendment filed 10-18-2010; operative 11-17-2010 (Register 2010, No. 43).
14. Certificate of Compliance as to 7-30-2010 order, including new subsection (b)(5)(C) and further amendment of subsections (b)(5)(B) and (c)(6), transmitted to OAL 11-30-2010 and filed 1-11-2011 (Register 2011, No. 2).
15. Change without regulatory effect amending section filed 1-27-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 4).
16. Amendment filed 3-30-2012; operative 4-29-2012 (Register 2012, No. 13).
17. Amendment of section and Note filed 6-23-2014; operative 7/1/2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 26).
18. Amendment of subsection (a)(4), repealer of subsection (a)(5)(C) and amendment of Note filed 8-31-2020 as an emergency; operative 8/31/2020. Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-66-20) (Register 2020, No. 36). A Certificate of Compliance must be transmitted to OAL by 6-29-2021 or emergency language will be repealed by operation of law on the following day.
19. Amendment of subsection (a)(4), repealer of subsection (a)(5)(C) and amendment of Note refiled 6-4-2021 as an emergency; operative 6/30/2021. Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-71-20) (Register 2021, No. 23). A Certificate of Compliance must be transmitted to OAL by 1-28-2022 or emergency language will be repealed by operation of law on the following day.
20. Certificate of Compliance as to 6-4-2021 order transmitted to OAL 12-9-2021 and filed 1/20/2022 (Register 2022, No. 3).

The amended version of this section by Register 2024, No. 37, effective 1/1/2025 is not yet available.