Code Section

48703.  

(a) Within 12 months of the effective date of the regulations adopted by the department pursuant to Section 48701.1, a manufacturer shall, individually or through a stewardship organization, submit to the department either of the following in a form and manner determined by the department:

(1) A stewardship plan to accept and manage all postconsumer paint products.

(2) Amendments to an approved stewardship plan to include all paint products.

(b) (1) The department shall review the stewardship plan for compliance with this chapter and may approve or disapprove the stewardship plan within 120 days upon receipt.

(2) The department shall approve the stewardship plan if it provides for the establishment of a stewardship program that meets the requirements of Sections 48703.1, 48703.2, 48703.3, and 48703.4.

(3) If the department disapproves a stewardship plan or amendments to an approved stewardship plan, the department shall explain how the stewardship plan or the amendments to an approved stewardship plan do not comply with this chapter and provide written notice to the stewardship organization or manufacturer within 60 days of disapproval.

(4) The stewardship organization or manufacturer may resubmit to the department a revised stewardship plan within 30 days of the date the written notice was provided, and the department shall review the revised stewardship plan within 60 days of its receipt of the resubmittal.

(5) Within 24 months of the effective date of the regulations adopted by the department pursuant to Section 48701.1, the stewardship organization shall have a complete stewardship plan approved by the department and each manufacturer shall be subject to an approved stewardship plan to be compliant with this chapter.

(c) An approved stewardship plan shall be a public record, except that financial, production, or sales data reported to the department by a manufacturer or the stewardship organization is not a public record under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) and shall not be open to public inspection. The department may release financial, production, or sales data in summary form only so information cannot be attributable to a specific producer or to any other entity.

(d) A manufacturer shall, individually or through a stewardship organization, implement the approved stewardship plan within 12 months of the department’s approval of the stewardship plan.