Quote Originally Posted by camopaint0707 View Post
how do they know it doesn't come on? Shouldn't it pass if it is off and there is no code?
Turn your key to the "run" position with the engine off. The Check Engine light will come on and stay on, even when there are no codes. That's how they can tell. Any car with the CEL will do this.

A non-functional CEL is an automatic smog fail in CA.