California has created a new route for some emissions-related performance parts to reach customers before their final CARB Executive Order is issued. SB 1069 allows qualifying manufacturers to request conditional approval while the California Air Resources Board completes its review.
Governor Gavin Newsom signed the bill on September 16, 2026. It does not make unapproved tunes, exhaust components or emissions modifications automatically street-legal. A manufacturer still needs emissions test results, a complete application and a substantial history of prior CARB approvals. Read the enacted SB 1069 text.
This is a different law from the collector-car smog exemption discussed in our September 4 report on Jay Leno’s Law. That article covered SB 1392 while it was awaiting the governor’s signature; it has since been signed. SB 1069 concerns approval of aftermarket parts, not whether an owner must take a collector vehicle for a periodic smog inspection.
What changes under SB 1069?
Normally, an emissions-related add-on or modified part goes through CARB’s review before it receives an Executive Order, commonly called an EO. The EO identifies a part that CARB has exempted from California’s anti-tampering restrictions for specified vehicle applications. It is why the exact part number and vehicle fitment matter as much as a seller’s claim that a product is “CARB legal.” CARB explains its aftermarket-parts program here.
SB 1069 adds an intermediate step. An eligible manufacturer can submit a complete EO application and ask CARB for conditional approval. Once that approval takes effect, the covered part may be sold, advertised and installed in California while CARB works toward its final decision. State law treats an effective conditional approval as equivalent to an EO during that period. California SB 1069.
For a manufacturer that has finished its testing but is waiting for the final review, that could mean getting a product to market sooner. SEMA, which sponsored the bill, describes it as a way to shorten the wait for qualifying compliant parts without changing the emissions standards those parts must meet.
Who qualifies for conditional approval?
This is the detail that keeps getting lost in the attractive headline. The manufacturer must have received at least 10 previous CARB Executive Orders. At least one must be for a part in the same application category as the new product.
The new application must also be complete. SB 1069 calls for applicable fees, a compliant laboratory report, test results and analysis, identification of the vehicles and engine configurations tested, an accurate description of the part and its intended coverage, and a certification based on the test data. The requirements appear in the enacted bill.
A company submitting its first intake kit or calibration is therefore not automatically eligible for this faster path, however good the product may be. California has built a shortcut for manufacturers with an established compliance record. It has not installed an express lane for anyone who can print “off-road use” on a box.
What happens if CARB does not respond?
CARB must determine whether a request meets the completeness and prior-approval requirements. Under the law, if it does not make that determination within 30 business days, the request can be deemed conditionally approved, subject to the bill’s provisions. The manufacturer must then notify CARB in writing of its intent to sell the part before that approval takes effect.
That is 30 business days, not 30 calendar days, and it is not a promise that every submitted part will receive an EO. The law also provides a limited deadline extension when CARB receives a high volume of requests. A conditional approval generally expires after two years or when CARB issues its EO decision, whichever happens first, unless the executive officer extends it. California SB 1069.
CARB can still seek additional information and testing. It can suspend or revoke a conditional approval in circumstances specified by the law, and it retains authority to require a stop-sale, corrective action or recall when warranted. The manufacturer bears the costs of a required remedy.
Does this make a tune or exhaust legal in California?
Only if the specific product and application have the required approval. SB 1069 does not give an owner permission to remove a catalytic converter, disable an emissions monitor or install an unapproved calibration.
Before buying an emissions-related part for a street vehicle, check the manufacturer’s documentation for the exact part number, supported vehicle and engine configuration, and current CARB approval status. CARB says issued EOs have identifying numbers that can be checked through its program, a Smog Check station or a BAR Referee. For a part sold under the new conditional pathway, ask the manufacturer for documentation showing that its conditional approval is effective and covers your application. CARB aftermarket-parts guidance.
California approval also does not erase federal restrictions on emissions tampering. The EPA’s vehicle-tampering policy addresses the Clean Air Act’s separate prohibitions on tampering and aftermarket defeat devices. We made the same distinction in our Jay Leno’s Law explainer: an inspection exemption and permission to remove emissions equipment are separate questions.
Federal emissions rules affect new vehicles in another way. Our report on the Acura MDX Type S production pause explains why certification and onboard-diagnostic requirements can influence whether an automaker continues selling a specialized powertrain. SB 1069 addresses a California aftermarket approval process; it does not change that federal new-vehicle certification system.
When will owners see a difference?
SB 1069 takes effect January 1, 2027. The law directs CARB to revise the procedures, forms, guidance and regulations needed to implement it by July 1, 2028. Those dates matter if you are reading this well after the September 2026 signing: check CARB’s current procedures and a manufacturer’s current approval status before assuming the pathway is operating exactly as it was described when enacted. California SB 1069, SEMA’s implementation summary.
The useful change is straightforward. Manufacturers that have repeatedly completed CARB’s process may be able to sell another properly tested part while its final paperwork is still under review. For the rest of us, the shopping rule remains familiar: verify the part, verify the fitment and verify the approval before installing it on a street car.
