HSC §44010.5: (a) The department shall implement a program with the capacity to inspect that portion of the total state vehicle fleet subject to inspection each year in the biennial program and registered in the en

(a) The department shall implement a program with the capacity to inspect that portion of the total state vehicle fleet subject to inspection each year in the biennial program and registered in the enhanced program area, as established pursuant to paragraph (1) of subdivision (a) of Section 44003, which is sufficient to meet the emission reduction performance standards established by the United States Environmental Protection Agency in regulations adopted pursuant to the Clean Air Act Amendments of 1990. Except as provided in paragraph (2) of subdivision (b), the department shall afford smog check stations licensed pursuant to Section 44014 and certified pursuant to Section 44014.2 the initial opportunity to inspect vehicles subject to the program in this section. (b) (1) The program shall use the testing procedures described in Section 44012. (2) Vehicles selected for testing pursuant to this section shall include vehicles equipped without second generation onboard diagnostic systems (OBD II) and vehicles with emission problems that may not be adequately detected by the vehicle’s OBD II, as determined by the department in consultation with the state board. Vehicles subject to testing under this paragraph shall be tested by referee facilities or a similar contracted inspection network established by the department, which may include subcontracted licensed smog check stations, as provided in subdivision (f) of Section 44014. (3) The department, in consultation with the state board, may also select for testing pursuant to this section any other vehicles necessary in order to meet the requirement described in subdivision (a). (c) Vehicles in the enhanced program area that are not subjected to the program established by this section may be tested at smog check stations licensed pursuant to Section 44014 using appropriate testing procedures as determined by the department. (d) The department shall ensure that there is a sufficient number of test facilities, and that they are properly located, to ensure reasonable accessibility and convenience to all persons within an enhanced program area. (e) The department shall implement the program established in this section only in urbanized areas classified by the United States Environmental Protection Agency as a serious, severe, or extreme nonattainment area for ozone or a moderate or serious nonattainment area for carbon monoxide with a design value greater than 12.7 ppm, and shall not implement the program in any other area.