§ 25214.8.11.6. — 25214.8.11.6. (Amended by Stats. 2023, Ch. 131, Sec. 113.)

California § 25214.8.11.6.

• Jurisdiction: California
• Code HSC: Health and Safety Code - HSC
• Div. 20.: DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS
• Ch. 6.5.: CHAPTER 6.5. Hazardous Waste Control
• Art. 10.2.2.: ARTICLE 10.2.2. Mercury Thermostat Collection Act of 2021

Text

(a)
On or before June 1, 2022, the qualified third party shall provide to the department for review and approval the plan developed by the qualified third party to carry out the program elements identified in Sections 25214.8.11.5 and 25214.8.13.
(b)
(1)
Within 30 days of receipt of the qualified third party’s plan pursuant to subdivision (a), the department shall review the plan, determine whether the plan is complete, and notify the qualified third party, in writing, of the department’s determination. For the purpose of the department’s determination, the qualified third party’s plan shall be deemed complete if the plan addresses each program element identified in Sections 25214.8.11.5 and 25214.8.13.
(2)
If the department determines that the plan is incomplete, the department shall identify, in writing, what additional information or modifications must be submitted to the department by the qualified third party to complete the plan. The qualified third party shall submit to the department a revised plan within 30 days of the date of the department’s written notification. The department shall review the revised plan within 30 days of receipt of the plan.
(c)
(1)
If the department determines that the plan submitted pursuant to subdivision (a) or revised plan submitted pursuant to paragraph (2) of subdivision (b) is complete, the department shall have 30 days from the date of its determination to review and approve the plan or revised plan.
(2)
The department shall review the plan or revised plan
for compliance with this act and shall do any of the following:
(A)
Approve the plan or revised plan, in which case the department shall provide written notification to the qualified third party of the department’s approval of the plan.
(B)
Conditionally approve the plan or revised plan, in which case the department shall provide written notification to the qualified third party of the department’s conditional approval of the plan. The department shall include in its written notification the basis for its conditional approval and describe, in detail, the requirements with which the qualified third party needs to comply in order to proceed to implement the plan in compliance with this act.
(C)
(i)
Disapprove the plan or revised plan, in which case the department shall provide written notification
to the qualified third party of the department’s disapproval of the plan. The department shall include in its written notification the basis for its disapproval and require the qualified third party to submit to the department a revised plan within 30 days of the date of the department’s written notification disapproving the plan. The department shall review the revised plan within 15 days of receipt.
(ii)
If the department determines that the revised plan submitted pursuant to clause (i) does not comply with this act, the manufacturer, or group of manufacturers, that contracted with or retained the qualified third party shall not be deemed to be in compliance with this act until the qualified third party submits, and the department approves or conditionally approves, a plan that complies with the requirements of this act.
(d)
The time taken by the department to review and approve
the qualified third party’s plan or revised plan pursuant to this section shall toll the qualified third party’s July 1, 2022, deadline to develop and implement the statewide educational and outreach campaign required pursuant to subdivisions (c) to (f), inclusive, of Section 25214.8.11.5 and the July 1, 2022, deadlines pursuant to clauses (ii) to (iv), inclusive, of subparagraph (A) of paragraph (1) of subdivision (a) of Section 25214.8.13.
(e)
The program required by this article as it existed before January 1, 2022, shall remain in effect until the plan submitted by the qualified third party pursuant to this section is approved by the department and fully implemented by the qualified third party.

Legislative History

Amended by Stats. 2023, Ch. 131, Sec. 113. (AB 1754) Effective January 1, 2024. Repealed as of January 1, 2033, pursuant to Section 25214.8.19.