there is an exception - it's buried someplace in an addendum. I know... I've been smogging my snorkel equipped XJ for years. Had to look up that addendum once in the past decade. Roughly it read - it has to be OBD2, with no sensors in front of the TB.
This is why the Renix intake is such a rare duck. On my late model the only emissions component on my intake is a CCV tube between the TB and the filter.
Every single vehicle I own is modified enough to not fall within the letter of the law, however most of them are within the spirit of the law and I haven't had many issues....your results may vary.