It's going to depend on the guy that tests it. In California, it's against the law to make any modifications that are not approved by the California Air Resource Board (CARB). If the guy who does the visual wants to, he can fail you. Your options are to either replace what you have removed and/or modified with a stock replacement, or purchase an aftermarket kit that has a CARB E.O. (Executive Order). Most cold air kits are available with a CARB E.O., but you must place the CARB E.O. sticker that comes with it in the engine compartment, where the test person can see it. It's your job to show him it's legal, not his job to try and find the E.O. number for you. If you decide to purchase a cold air kit, look for one that claims it is 50 state legal.
Take care,
-Chris
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