ok so i got my car smogged and found out a few things. the parts i had to remove and make stock are downpipe, 3 port ebcs and bov. parts i could keep are turbo, injectors/pump, fmic, up pipe and stage 3 tune.
the law is very confusing with regards to a fmic. i went to about 6 shop until i could find one that would smog it. the page in their book is appendix G G7 12-09. thats where the paragraph about the intercooler is.
It says,
"Category I"
"Not necessary to check for CARB exemption"
"Gasoline- Intercoolers for original equipment (OE) turbochargers. (note: diesel intercoolers are in category II and do require verification of CARB exemption)"
so as long as your turbo is or looks stock you "should" be ok with a fmic.
as far as the new OBDII tests, i talked to two shops and they both said at the end of the year they will start that. i then asked if i had a tune would it pass the obdII test, he said no. he then said if i had one now it wouldnt pass the current test... so it sounds like he doesnt know considering i have a tune now and i passed.