California Code of Regulations
Title 16 - Professional and Vocational Regulations
Division 33 - Bureau of Automotive Repair
Chapter 1 - Automotive Repair Dealers and Official Stations and Adjusters
Article 11 - Consumer Assistance Program and Enhanced Fleet Modernization Program
Section 3394.3 - Vehicle Retirement and Repair Assistance Payment Limits

Universal Citation: 16 CA Code of Regs 3394.3

Current through Register 2024 Notice Reg. No. 52, December 27, 2024

An applicant determined to be eligible under the Consumer Assistance Program may receive the following assistance subject to the availability of appropriated funds:

(a) Under the Vehicle Retirement option, vehicle owners who meet income eligibility requirements set forth in section 3394.6(c) shall receive two thousand dollars ($2,000) for each vehicle retired from operation. All other vehicle owners shall receive one thousand three hundred fifty dollars ($1,350) for each vehicle retired from operation. All vehicles shall be retired from operation at a dismantler operating under contract with the Bureau. The Bureau will amend the dollar value of the Vehicle Retirement and Repair Assistance amounts specified in this section and section 3394.4(b)(4) and (b)(5) pursuant to subdivisions (a)(1), (a)(2), (c)(3), and (c)(4) of this section.

(1) Incentive amounts listed in subdivision (a) shall be adjusted for increases in inflation once every three years beginning July 1, 2028, as follows, provided all conditions below are met.

(A) Vehicle Retirement expenditures for the fiscal year preceding the adjustment were less than 90% of that year's appropriation to the Vehicle Retirement Schedule of the High Polluter Repair or Removal Fund and no appropriation reductions are planned in the Governor's January Proposed Budget for the fiscal year of the adjustment. The Bureau will post the Vehicle Retirement expenditures for the prior fiscal year on its website annually by March 31.

(B) The Bureau of Labor Statistics Consumer Price Index for Used Cars and Trucks, Series CUUR0000SETA02, (hereinafter referred to as CPIUCT) has increased by at least 10% since the year prior to the last incentive increase. The Average Annual CPIUCT for the year prior to the potential adjustment and the year prior to the last adjustment will be used to determine if the 10% threshold is met.

(2) The amount of the increase shall be the prior incentive amount multiplied by the percentage increase in the CPIUCT, with the result rounded to the nearest $50. In making this calculation, the Bureau shall use the Average Annual CPIUCT for the year prior to the adjustment and the year prior to the last adjustment.

(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 subdivision (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 total emission related repair services received by the vehicle owner shall be revised from the amount listed in subdivision (b) up to the following amounts:

(1) One thousand one hundred dollars ($1,100) for model year 1976 through 1995 vehicles, and

(2) One thousand four hundred fifty dollars ($1,450) for model year 1996 or newer vehicles.

(3) The total emission related repair service amounts listed in subdivisions (1) and (2) shall be adjusted for inflation increases once every three years beginning July 1, 2028, as follows, provided all conditions below are met.

(A) Repair Assistance expenditures for the fiscal year preceding the adjustment were less than 90% of that year's appropriation to the Repair Assistance Schedule of the High Polluter Repair or Removal Fund and no appropriation reductions are planned in the Governor's January Proposed Budget for the fiscal year of the adjustment. The Bureau will post the Vehicle Retirement expenditures for the prior fiscal year on its website annually by March 31.

(B) The Bureau of Labor Statistics Consumer Price Index for Motor Vehicle Maintenance and Repair, Series CUUR0000SETD, (hereinafter referred to as CPIMVMR) has increased by at least 10% since the year prior to the last increase. The Average Annual CPIMVMR for the year prior to the potential adjustment and the year prior to the last adjustment will be used to determine if the 10% threshold is met.

(4) The amount of the increase shall be the maximum repair services amount listed in subdivisions (1) and (2) multiplied by the percentage increase in the CPIMVMR, with the result rounded to the nearest $50. In making this calculation, the Bureau shall use the Average Annual CPIMVMR for the year prior to the adjustment and the year prior to last adjustment.

(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.

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.

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