Cal. Code Regs. tit. 16 § 3394.3

Current through Register 2024 Notice Reg. No. 43, October 25, 2024

Section 3394.3 - [Operative until 1/1/2025] Vehicle Retirement and Repair Assistance Payment Limits

An applicant determined to be eligible under the Consumer Assistance Program may receive the following assistance:

(a) Under the Vehicle Retirement option, payment of one thousand five hundred dollars ($1,500) for each vehicle retired from operation for vehicle owners who meet income eligibility requirements. All other vehicle owners shall receive one thousand dollars ($1,000) for each vehicle retired from operation. All vehicles shall be retired from operation at a dismantler operating under contract with the Bureau.

(b) Under the Repair Assistance option, vehicle owners who meet income eligibility requirements shall receive up to five hundred dollars ($500) in emissions-related repair services performed at a STAR test-and-repair station operating under an agreement with the Bureau. Repair Assistance shall not be awarded for the following items:

(1) Repairs necessary to make a vehicle safe to test or testable as specified in section 1.2.3 of the Smog Check Manual referenced in section 3340.45.

(2) Repairs to tampered emissions control systems as defined by section 3340.41.5.

(3) Repairs which are recommended based on a diagnosis that fails to comply with section 3340.41(d).

(4) Repairs that are unnecessary to resolve the cause of the Smog Check inspection failure.

(5) Parts that have a mark-up greater than the average mark-up for the STAR test-and-repair station conducting the repairs.

(6) Sublet repairs that have a mark-up greater than the average mark-up for the STAR test-and-repair station conducting the repairs.

(7) Labor operation times that are greater than the average labor operation times for a particular vehicle type and repair.

(c) If the STAR test-and-repair station requests emissions-related repairs in excess of $500, and after evaluating the criteria listed in subsection (b)(1) through (b)(7) the Bureau concurs that those repairs are necessary to pass the Smog Check inspection and are cost effective as specified in Health and Safety Code section 44062.1, then the vehicle owner shall receive additional emissions-related repair services in the following amounts:

(1) up to four hundred dollars ($400) for model year 1976 through 1995 vehicles, and

(2) up to seven hundred dollars ($700) for model year 1996 or newer vehicles.

(d) The STAR test-and-repair station's charge for diagnosis shall be a flat fee equaling 1.5 times the station's posted hourly labor rate for repairs. The diagnosis shall include a Smog Check inspection performed in pre-inspection mode, as defined by section 1.7.2 of the Smog Check Manual referenced in section 3340.45, to confirm the current condition of the vehicle.

(e) Upon completion of the repairs, the STAR test-and-repair station shall perform a Smog Check inspection, as specified in section 3340.42, to confirm the effectiveness of the repairs. There shall be no charge to the vehicle owner or the Bureau for this inspection. If the vehicle passes the inspection, the vehicle owner shall pay the certificate of compliance fee as specified in sections 3340.35 and 3340.35.1.

Cal. Code Regs. Tit. 16, § 3394.3

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, transmitted to OAL 11-18-99 and filed 1-3-2000 (Register 2000, No. 1).
5. Amendment of section heading, repealer and new section, and amendment of 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, repealer and new section, and amendment of NOTE refiled 10-30-2000 as an emergency; 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 subsections (a) and (b), transmitted to OAL 2-9-2001 and filed 3-27-2001 (Register 2001, No. 13).
8. Amendment of subsection (b) filed 10-18-2010; operative 11-17-2010 (Register 2010, No. 43).
9. Change without regulatory effect amending subsection (a) filed 1-27-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 4).
10. Amendment filed 3-30-2012; operative 4-29-2012 (Register 2012, No. 13).
11. Amendment of subsection (b) and NOTE filed 6-23-2014; operative 7-1-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 26).
12. Amendment of section heading, section and 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.
13. Amendment of section heading, section and 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.
14. 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, 44014.2, 44015, 44017, 44037.1, 44062.1, 44062.3, 44091, 44092, 44093, 44094 and 44095, 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, transmitted to OAL 11-18-99 and filed 1-3-2000 (Register 2000, No. 1).
5. Amendment of section heading, repealer and new section, and amendment of 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, repealer and new section, and amendment of Note refiled 10-30-2000 as an emergency; 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 subsections (a) and (b), transmitted to OAL 2-9-2001 and filed 3-27-2001 (Register 2001, No. 13).
8. Amendment of subsection (b) filed 10-18-2010; operative 11-17-2010 (Register 2010, No. 43).
9. Change without regulatory effect amending subsection (a) filed 1-27-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 4).
10. Amendment filed 3-30-2012; operative 4-29-2012 (Register 2012, No. 13).
11. Amendment of subsection (b) and Note filed 6-23-2014; operative 7/1/2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 26).
12. Amendment of section heading, section and 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.
13. Amendment of section heading, section and 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.
14. 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.