1. (a) A producer seeking to comply with the Act without participating in a PRO shall first, if not already registered with the Department pursuant to subdivision (a) of section 18980.5, register with the Department pursuant to subdivision (a) of section 18980.10 and submit an application for individual compliance to the Department. The application shall be submitted electronically via email. If the Department has given notice via its website that an online portal is available for application submittal, the application shall instead be submitted electronically via that portal. The application shall include the following:

   1. (1) Types of covered material the producer is selling, offering for sale, importing, or distributing in or into the state.
   2. (2) Information that demonstrates compliance with the requirements of subparagraph (A) of paragraph (2) of subdivision (b) of section 42051 of the Public Resources Code.
2. (b) The Department shall approve the application if the application establishes that the producer satisfies all requirements of subparagraph (A) of paragraph (2) of subdivision (b) of section 42051 of the Public Resources Code and this chapter. The Department will not consider the applicant in violation of paragraph (1) of subdivision (b) of section 42051 of the Public Resources Code before the Department has approved or denied the application and notified the applicant accordingly.
3. (c) If the Department denies the application, the producer shall become a participant in a PRO or submit a revised application within 30 days after receiving notice of the denial. If the Department denies the revised application, the producer shall, within 30 days of receiving notice of the second denial, become a participant in a PRO. The producer shall not be considered to be in violation of paragraph (1) of subdivision (b) of section 42051 of the Public Resources Code until after such 30-day period.
4. (d) Notwithstanding subdivisions (b) and (c), a producer submitting a second revised application following the denial of the revised application shall be considered in violation of paragraph (1) of subdivision (b) of section 42051 of the Public Resources Code during the pendency of such application unless the producer is a participant of the PRO.

Note: Authority cited: Sections 40401, 40502 and 42060, Public Resources Code. Reference: Sections 42041 and 42051, Public Resources Code.

History

1. New section filed 5-1-2026; operative 5-1-2026 pursuant to Government Code section 11343.4(b)(3) (Register 2026, No. 19).