Miata LS swap question

I looked at my calender today and notice that the featured car has a LS3 engine in it and it has California Plates on it.....

So , with all the emissions laws in that state how can you even own a engine swapped Miata? Is it because it is considered a "antique" and emissions go out the window. Or does the engine that goes in has to pass all the emissions levels of the car it was ment to be in, along with all the emission control devices installed.

The engine has to be from the same year or newer car and be from a car of the same market segment. The LS3 comes from a passenger car that is newer than the Miata, so it's kosher. And yes, must keep all factory emissions equipment.

Or live in one of the very few non-emissions areas in CA. Olympic Valley comes to mind.

 buzzboy has identified one solution, but there is another...
 

That car was built with a E Rod crate engine, which is legal for any car up to 1995 thanks to an EO. It doesn't need all the emissions equipment required for the "donor" 2010 Camaro used for the EO but that's also the reason for the pre-OBD II cutoff. GM offers a number of engines in the E Rod range.

It took some careful packaging to get the required cats in place, but it's 100% legit. It lives in the Bay Area. 

Here's more on the car.
 

 Btw, it gets driven. I delivered it at Laguna Seca, and Zandr put 600 track miles on it before driving it home. The calendar picture was taken at one of our Summer Camp events, and he'll make the 1000 mile trip to our shop in a day. 

The age related emissions cutoff in CA is a fixed year - 1976 or so.  It's not a rolling age unfortunately.

Thanks.  

Back in the 90's I had a nice Buick Regal that had a oil pump problem and it seized. I wanted to put a GM 350 that I had in it to replace the V6.  But I got poo poo'd on that.  "You have to replace it with a V6 from that car. You can't put that in, it wont pass emission test because it just has just a carburetor." ETC.  Back then your car actually was tested and inspected for compliance. So that is stuck as a reminder about engine swaps. 

You'd still have that problem. You have to meet the emissions of the car or the motor, whichever is newer. Rules vary by state, but that's CA.