1. (a) The Department shall approve a PRO plan if it contains all the elements required pursuant to the Act and meets all requirements of this chapter. In determining whether the PRO plan contains all the elements required pursuant to the Act and meets all requirements of this chapter, the Department shall consider comments submitted to the PRO by the advisory board and the public as summarized by the PRO pursuant to subdivision (e) of section 18980.6.1, as well as any revisions by the PRO in response to those comments.
2. (b) Conditional approval shall be granted if the Department determines that certain elements of the plan do not meet certain requirements of the Act or this chapter, but that if conditions identified by the Department are met, final approval will be warranted. Such conditions may include, without limitation, clarification to remove ambiguities or addition of information or data demonstrating that particular requirements have been met. While approval conditions are pending, the plan shall be considered approved for purposes of the Act and this chapter.

3. (c) If the Department conditionally approves the plan, the PRO shall, until the conditions on approval have been met, submit the following information on or before the last day of every month, beginning the first full calendar month after conditional approval:

   1. (1) Estimated date for resubmittal of the revised plan. Pursuant to paragraph (3) of subdivision (b) of section 42051.2 of the Public Resources Code, this date must be no later than 12 months after conditional approval.
   2. (2) Status updates addressing each approval condition, including a specific description of how it is being addressed.
4. (d) If the approval conditions are not met within 12 months after conditional approval, the conditional approval shall end, and the PRO shall be deemed not in compliance with the Act and this chapter.
5. (e) A plan approved by the Department is valid for five years from the date of approval by the Department.

Note: Authority cited: Sections 40401, 40502, 42060 and 42063, Public Resources Code. Reference: Sections 42051.2, 42060 and 42063, 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).