1. (a) Except as provided in subdivision (b), a PRO approved by the Department pursuant to subdivision (a) of section 42051 of the Public Resources Code shall, on or before May 1, 2026, prepare and submit a producer responsibility plan to the advisory board pursuant to section 42051.2 of the Public Resources Code.

2. (b) Notwithstanding the deadline in subdivision (a), a PRO approved by the department pursuant to subdivision (a) of section 42051 of the Public Resources Code may choose to submit its producer responsibility plan to the advisory board after May 1, 2026, but on or before June 15, 2026, subject to the following conditions:

   1. (1) The PRO shall waive its right to the full 120-day period in paragraph (1) of subdivision (b) of section 42051.2 of the Public Resources Code. The PRO shall instead submit the plan to the department with revisions, pursuant to paragraph (1) of subdivision (b) of section 42051.2 of the Public Resources Code, within 60 calendar days of receipt of the advisory board's comments.
   2. (2) The Department shall review the plan for compliance with the Act and take action on the plan, pursuant to paragraph (2) of subdivision (b) of section 42051.2 of the Public Resources Code, within 75 calendar days of receipt of the plan from the PRO.
3. (c) A successor or additional PRO approved by the Department shall prepare and submit a producer responsibility plan to the advisory board pursuant to section 42051.2 of the Public Resources Code within six months of approval.
4. (d) When the PRO submits a producer responsibility plan to the advisory board for review and comment as required by subdivision (a) of section 42051.2 of the Public Resources Code, the PRO shall also make the plan available to the public for review and comment by, at minimum, posting the plan to its internet website. To be considered by the PRO as described in subdivision (e), the advisory board's comments and public comments must be received by the PRO within 60 days after such posting.
5. (e) The producer responsibility plan submitted to the Department as required in paragraph (1) of subdivision (b) of section 42051.2 of the Public Resources Code shall include a summary of all comments received from the advisory board and the public, and identify revisions, if any, made in response to the comments. Additionally, the PRO shall make the plan available for public review by, at minimum, posting the plan to its internet website until an approved plan is posted pursuant to subdivision (c) of section 42051.2 of the Public Resources Code.

Note: Authority cited: Sections 40401, 40502, 42057 and 42060, Public Resources Code. Reference: Sections 42051.1, 42051.2 and 42061.5, 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).