(a) (1) At least 150 days before submitting a stewardship plan to the department, a program operator shall submit its entire proposed stewardship plan to the Department of Toxic Substances Control for review.

(2) The Department of Toxic Substances Control shall review the plan only for compliance with state and federal laws and regulations within its jurisdiction. The Department of Toxic Substances Control shall identify any elements of the proposed stewardship plan that would, if implemented, violate state or federal laws or regulations within its jurisdiction, and provide to the program operator, and the department, that determination and an explanation for any determination of noncompliance within 90 days of receipt of the plan. The program operator shall resolve all determinations by the Department of Toxic Substances Control prior to submitting the stewardship plan to the department.

(3) If, 90 days after submitting a plan to the Department of Toxic Substances Control, a program operator has not received a response, the program operator may submit a certification to the department that the stewardship plan was submitted to the Department of Toxic Substances Control, as required, and a timely response was not received. Additionally, if a response is not received pursuant to the first sentence of this paragraph, the program operator shall submit a certification to the department that the stewardship plan is consistent with the laws and regulations within the jurisdiction of the Department of Toxic Substances Control.

(4) A program operator shall submit to the department all determinations received from the Department of Toxic Substances Control when the program operator submits its stewardship plan to the department. Any determination of noncompliance by the Department of Toxic Substances Control shall be accompanied by a superseding determination of compliance before a program operator submits its stewardship plan to the department.

(b) The department shall review the stewardship plan for compliance with this chapter and shall approve, disapprove, or conditionally approve the plan within 120 days of receipt of the plan. The department may consult with or submit a stewardship plan for review to the Department of Toxic Substances Control if the department determines it is necessary for making a determination of approval of a stewardship plan. The duration of time the department takes for the consultation pursuant to the second sentence of this subdivision shall not count toward the 120-day time limit to determine approval, as specified in the first sentence of this subdivision.

(c) If the department disapproves a stewardship plan submitted by a program operator, the department shall explain how the stewardship plan does not comply with this chapter and provide written notice to the program operator within 30 days of disapproval. The program operator may resubmit to the department a revised stewardship plan within 60 days of the date the written notice was issued, and the department shall review the revised stewardship plan within 90 days of resubmittal. If a revised stewardship plan is disapproved by the department, a producer operating under the stewardship plan shall not be in compliance with this chapter until the department approves a stewardship plan submitted by a program operator that covers the producer’s products.

(d) Within 24 months of the effective date of the regulations adopted by the department pursuant to Section 42420.2, a program operator shall have a complete stewardship plan approved by the department and each producer shall be subject to an approved stewardship plan in order to be in compliance with this chapter.

(e) The approved plan shall be a public record, except that financial, production, or sales data reported to the department by the program operator is not a public record for purposes of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) and shall not be open to public inspection. The department may release financial, production, or sales data in summary form only so the information cannot be attributable to a specific producer or distributor or to any other entity.

(Amended by Stats. 2023, Ch. 131, Sec. 195. (AB 1754) Effective January 1, 2024.)