The right to repair includes programming. Base programming for an ECU doesn't mean it's the most efficient. It must account for and adjust for a variety of altitude, humidity, octane, etc. But a tune can be much more efficient... So a "tune" in itself is not indicative of any emission failure or bypass. It's very unfortunate, but hey, that's California, land of "live like we tell you!"
But those that live there elect these morons who enact these laws. So they have nobody to blame but themselves.
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