(a) No later than 120 days after the date the department receives the annual report submitted by a program operator pursuant to Section 42424.1, the department shall notify the program operator if the annual report is compliant or noncompliant. If the department fails to act within 120 days of receipt of the annual report, the report shall be deemed approved.

(b) (1) If the department determines that the annual report is noncompliant due to failure to meet the requirements of Section 42424.1, the program operator shall resubmit a revised annual report addressing the department’s written reasons for its decision within 30 days of the department’s response.

(2) The department, within 60 days from the date a program operator resubmits a revised annual report, shall determine whether the annual report is compliant or noncompliant.

(3) If the department determines a revised annual report submitted pursuant to paragraph (1) is noncompliant, the program operator may submit only one additional revised annual report, subject to review in accordance with paragraph (2).

(c) The department may consult with or submit an annual report for review to the Department of Toxic Substances Control if the department determines it is necessary for making a determination of compliance of an annual report. The duration of time the department takes for this consultation is not included in the time allotted to the department for review pursuant to this section.

(Added by Stats. 2022, Ch. 351, Sec. 1. (AB 2440) Effective January 1, 2023.)