2005 California Health and Safety Code Sections 44282 Article 4. General Eligibility Criteria

44282.  The following criteria apply to all projects to be funded
through the program except for projects funded through the Advanced
Technology Account and the Infrastructure Demonstration Program:
   (a)  The state board may establish project criteria, including
minimum project life for source categories, in the guidelines
described in Section 44287.  For previously unregulated source
categories, project criteria shall consider the timing of newly
established regulatory requirements.
   (b) To be eligible, projects shall meet the cost-effectiveness per
ton of covered emissions reduced requirements of Section 44283.
   (c) To be eligible, retrofits, repowers, and installation of
add-on equipment for covered vehicles shall be performed, or new
covered vehicles delivered to the end user, or covered vehicles
scrapped on or after the date the program is implemented.
   (d) Retrofit technologies, new engines, and new vehicles shall be
certified for sale or under experimental permit for operation in
California.
   (e) Repower projects that replace older, uncontrolled engines with
new, emissions-certified engines or that replace emissions-certified
engines with new engines certified to a more stringent NOx emissions
standard are approvable subject to the other applicable selection
criteria.  The state board shall determine appropriate baseline
emission levels for the uncontrolled engines being replaced.
   (f) For heavy-duty-vehicle projects, retrofit and add-on equipment
projects shall document a NOx or PM emission reduction of at least
25 percent and no increase in other covered emissions compared to the
applicable baseline emissions accepted by the state board for that
engine year and application.  The state board shall determine
appropriate baseline emission levels.  Acceptable documentation shall
be defined by the state board.  After study of available emission
reduction technologies and after public notice and comment, the state
board may revise the minimum percentage emission reduction criterion
for retrofits and add-on equipment provided for in this section to
improve the ability of the program to achieve its goals.
   (g) (1) For heavy-duty-vehicle projects involving the purchase of
new very low or zero-emission vehicles, engines shall be certified to
an optional low NOx emissions standard established by the state
board, except as provided for in paragraph (2).
   (2) For heavy-duty-vehicle projects involving the purchase of new
very low or zero-emission covered vehicles for which no optional low
NOx emission standards are available, documentation shall be provided
showing that the low or zero-emission engine emits not more than 70
percent of the NOx or NOx plus hydrocarbon emissions of a new engine
certified to the applicable baseline NOx or NOx plus hydrocarbon
emission standard for that engine and meets applicable particulate
standards.  The state board shall specify the documentation required.
  If no baseline emission standard exists for new vehicles in a
particular category, the state board shall determine an appropriate
baseline emission level for comparison.
   (h) For projects other than heavy-duty-vehicle projects, the state
board shall determine appropriate criteria under the provisions of
Section 44287.
   (i) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.