(a) (1) A handler shall electronically submit its business plan to the statewide information management system in accordance with the requirements of this article and certify that the business plan meets the requirements of this article. Except as provided in Section 25508.1, a handler shall submit its business plan in accordance with the following:

(A) The handler of a facility that is required to submit tier II information pursuant to Section 11022 of Title 42 of the United States Code shall submit its business plan annually.

(B) The handler of a facility that is subject to Chapter 6.67 (commencing with Section 25270) shall submit its business plan annually.

(C) The handler of a facility that is not required to submit tier II information pursuant to Section 11022 of Title 42 of the United States Code and is not subject to Chapter 6.67 (commencing with Section 25270) shall submit its business plan once every three years.

(2) The unified program agency shall establish a date by which a handler shall electronically submit the business plan. If a unified program agency does not otherwise establish a date, the handler shall submit the business plan on or before March 1 of every year that the plan is required to be submitted pursuant to paragraph (1).

(3) If, after review, the unified program agency determines that the handler’s business plan is deficient in satisfying the requirements of this article or the regulations adopted pursuant to Section 25503, the unified program agency shall notify the handler of those deficiencies. The handler shall electronically submit a corrected business plan within 30 days from the date of the notice.

(4) If a handler fails, after reasonable notice, to electronically submit a business plan in compliance with this article, the unified program agency shall take appropriate action to enforce this article, including the imposition of administrative, civil, and criminal penalties as specified in this article.

(5) For data not adopted in the manner established under the standards adopted pursuant to subdivision (e) of Section 25404, and that is reported using a document format, the use of a reporting method accepted by the statewide information management system shall be considered compliant with the requirement to submit that data. If the reporting option used does not support public records requests from the public, the handler shall provide requested documents to the unified program agency within 10 business days of a request from the unified program agency.

(b) Except as required by paragraph (1) of subdivision (a) of Section 65850.2 of the Government Code, a business required to establish, implement, and electronically submit a business plan pursuant to subdivision (a) shall not be deemed to be in violation of this article until 30 days after the business becomes subject to subdivision (a).

(c) This section shall not require the submission of information concerning the hazardous materials described in subdivision (b) of Section 25507.

(Amended by Stats. 2019, Ch. 66, Sec. 1. (AB 1429) Effective January 1, 2020.)