1. (a) An Independent Producer shall submit a proposed updated plan to the advisory board as required in paragraph (2) of subdivision (d) of section 42051.2 of the Public Resources Code at least 180 days before the expiration date of its producer responsibility plan.
2. (b) When the Independent Producer submits the producer responsibility plan to the advisory board for review and comment as required by paragraph (2) of subdivision (d) of section 42051.2 of the Public Resources Code, the Independent Producer shall also make the proposed updated plan available to the public for review and comment by, at minimum, posting the plan to its internet website. To be considered by the Independent Producer as described in subdivision (c), the advisory board's comments and public comments must be received by the Independent Producer within 60 days after such posting.
3. (c) No later than 120 calendar days after receiving comments from the advisory board, the Independent Producer shall submit the updated producer responsibility plan to the Department as required in paragraph (2) of subdivision (d) of section 42051.2 of the Public Resources Code, include summary of all comments received from the advisory board and the public, and identify revisions, if any, made in response to the comments as summarized by the Independent Producer. Additionally, the Independent Producer shall make the plan available for public review by, at minimum, posting the plan to its internet website until an approved updated plan is posted.
4. (d) In determining whether the updated 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 Independent Producer by the advisory board and the public as summarized by the Independent Producer pursuant to subdivision (c), as well as any revisions by the Independent Producer in response to those comments.
5. (e) The Department shall approve the updated plan if it contains all the elements required pursuant to the Act and meets all requirements of this chapter. The updated plan is valid for an additional five years, beginning on the date of approval.
6. (f) The Independent Producer shall post the updated approved plan on the Independent Producer's internet website within five calendar days of approval by the Department.

Note: Authority cited: Sections 40401, 40502, 42060 and 42063, Public Resources Code. Reference: Sections 42051.2, 42063 and 42070, 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).