What the Senate vote changed about California emissions rules

In September 2024, California's state Senate voted to advance Senate Bill 1437, which would allow the state to issue emissions waivers to vehicles that cannot meet current tailpipe standards. The bill does not automatically waive emissions requirements for your vehicle — it gives the California Air Resources Board (CARB) the authority to create a waiver program if they choose to use it. Whether your specific vehicle becomes may be able to access depends on rules CARB would write after the bill becomes law, not on the vote itself.

The practical effect for vehicle owners is potential: if CARB creates a waiver program under this authority, older or modified vehicles that currently fail smog checks might have a path to registration without expensive repairs. Right now, a vehicle that fails emissions testing must either be repaired to pass or cannot be registered. A waiver program would create a third option, though the cost and requirements of obtaining a waiver are not yet defined.

This is a state-level change that affects California registration only. If you register a vehicle in another state or own a vehicle registered elsewhere, this vote does not change your emissions testing or registration requirements.

Key Takeaways

  • Senate Bill 1437 gives CARB the power to create an emissions waiver program, but does not automatically waive emissions for any vehicle.
  • A waiver program would let vehicles that fail smog checks register without repairs, but CARB has not yet announced whether or how they will use this authority.
  • Your current vehicle registration and smog check requirements do not change because of this vote — only future rules created by CARB would affect you.
  • Vehicles modified for performance or older vehicles with emissions equipment failures are most likely to benefit if a waiver program is created.
  • You should not delay a smog check or registration renewal expecting a waiver — check with CARB or your local DMV office for updates on whether a program has been created.

How CARB decides whether to create a waiver program

The Senate vote gives CARB permission to issue waivers, but CARB is not required to do so. The agency must balance air quality goals against vehicle owner hardship. CARB typically moves slowly on new programs because California's air quality standards are stricter than federal standards, and the agency is cautious about any rule that could increase emissions.

If CARB decides to create a waiver program, they would publish proposed rules in the California Register, hold a public hearing, and take written comments before finalizing the program. This process usually takes several months. You would see announcements on the CARB website (ww2.arb.ca.gov) and in local air district notices before any waiver program became available.

CARB has not announced plans to create a waiver program as of early 2025. Checking the CARB website or calling your local air quality management district is the only way to know whether a program exists in your area.

Which vehicles would likely be may be able to access for a waiver

The bill itself does not specify which vehicles CARB could waive. If a program is created, CARB would decide the categories. Based on the bill's language and past CARB decisions, vehicles most likely to be considered are those with emissions equipment that cannot be repaired cost-effectively — typically vehicles older than 25 years, vehicles with engine modifications, or vehicles where the emissions control system has failed and replacement parts are no longer manufactured.

Vehicles that fail smog checks because of routine maintenance issues (a loose gas cap, a faulty oxygen sensor, a clogged catalytic converter) would almost certainly not be may be able to access for a waiver. Those repairs are standard and affordable. A waiver program would target vehicles where repair is impossible or costs more than the vehicle's value.

Your current smog check results do not determine future waiver status. If your vehicle fails now, you still need to repair it or not register it. A waiver program, if created, would explore to future smog checks and future registration renewals.

What happens to your registration if you fail a smog check right now

The Senate vote does not change current smog check or registration rules. If your vehicle fails an emissions test today, you must either repair it to pass a retest or you cannot renew your registration. There is no waiver available yet, and there may never be one.

If you have a vehicle that failed a smog check and you are waiting to see whether a waiver program is created, you have limited time. California allows a 60-day grace period after your registration expires to get your vehicle smogged and registered. After that, driving an unregistered vehicle is illegal and can result in fines and impound. Do not delay repairs or registration renewal betting on a future waiver program.

If repair costs are high, you have other options now: you can sell the vehicle, trade it in, or in some cases explore for a Referee smog check (a second opinion from a state-certified referee) if you believe the original test was wrong. Contact your local air quality management district for details on Referee checks in your area.

How to learn about a waiver program has been created

Check the California Air Resources Board website at ww2.arb.ca.gov. Look for announcements under "News and Events" or search for "emissions waiver." CARB publishes all new regulations in the California Register before they take effect, so any waiver program would be announced there first.

You can also contact your local air quality management district. California is divided into air quality regions, and your district handles smog checks and emissions rules in your area. A quick search for "[your county] air quality management district" will give you the phone number. They can tell you whether a waiver program exists and whether your vehicle might be may be able to access.

Your DMV office can also direct you to current emissions rules and waiver information when you renew registration. Do not assume a waiver exists — ask directly.

The difference between a waiver and a smog check exemption

A waiver would let a vehicle that fails a smog check register anyway, usually for a set period (often one to three years) before another smog check is required. The vehicle still has to be tested; it just does not have to pass.

An exemption means a vehicle does not have to be smog checked at all. California already has exemptions for certain vehicles: new cars (first six years), electric vehicles, and vehicles over 55 years old (in some cases). An exemption is permanent or long-term; a waiver is temporary.

Senate Bill 1437 creates authority for waivers, not exemptions. Even if a waiver program is created, your vehicle would still need to be smog checked — it just might be allowed to register if it fails.

What to do if your vehicle currently fails emissions testing

Get a repair estimate from a smog check station or a mechanic certified in emissions repair. Many repairs are inexpensive: replacing an oxygen sensor, fixing a vacuum leak, or clearing a fault code can cost $100 to $500. If the repair is affordable, do it now rather than waiting for a waiver program that may never exist.

If the repair is very expensive (over $1,000), ask the smog check station whether you can get a Referee smog check. A Referee is a state-certified technician who can review the original test results and may find that the vehicle actually passes or that the repair is not necessary. This costs around $50 to $75 and is worth trying before you give up on the vehicle.

If repair is truly impossible or unaffordable, contact your local air quality management district to ask about hardship programs or other options. Some districts have programs to help owners of older vehicles. Do not let your registration expire while waiting — the penalties for driving an unregistered vehicle are steep.

Frequently Asked Questions

Does the Senate vote mean my vehicle is automatically waived from emissions testing?

No. The vote gives CARB the power to create a waiver program, but does not automatically waive any vehicle. CARB has not announced whether they will create a program or what the rules would be. Your vehicle still must pass a smog check to register unless and until CARB creates a waiver program and your vehicle meets their criteria.

When will a waiver program actually be available?

CARB has not announced plans to create a waiver program. If they decide to do so, the rule-making process typically takes several months. Check the CARB website or call your local air quality management district for updates. Do not assume a program exists or will exist soon.

Can I register my vehicle without a smog check if I wait long enough?

Not based on this vote alone. Your registration will expire, and you cannot legally drive an unregistered vehicle. If your vehicle fails a smog check, repair it, get a Referee check, or contact your air quality management district about hardship options. Do not delay registration renewal.

What if I modified my engine and now it fails emissions testing?

Engine modifications that increase emissions are illegal in California and cannot be waived. You must either restore the vehicle to original emissions specifications or not register it. A waiver program, if created, would not cover illegal modifications.

How do I know which air quality management district covers my area?

Search online for "[your county] air quality management district" or visit the CARB website and look for the district map. You can also call your county assessor's office or DMV — they can tell you which district serves your location.