It might seem insignificant, but using an emission part, in this case an aftermarket air intake unit, which is not California legal is a vehicle code violation. Not only will it cause a vehicle to fail the smog check, but it may also warrant a traffic citation if discovered by law enforcement. So... we can not promote or condone this act. Our recommendation is to stick with the OEM air intake.
Your Mazda Protege5 will be inspected exactly the way it arrives to the smog station. The technician will not ask if you've even installed parts that did not have an EO number. That is not part of the smog test and of no concern to them (unless the vehicle fails and needs repairs, in which case they may ask these questions to get a general feel of how your engine has been running in the past and under what conditions). What was on your vehicle before, has no bearing on the smog test which will be administered now. If you have all original parts (OEM) and your vehicle does not pollute, it will pass the smog check. If emissions are high, non-EO smog (CARB approved) parts are present, or the vehicle has other emission related trouble, it will fail the smog test.