§ 69505.1. Alternatives Analysis: General Provisions.

(a) Applicability. This article does not apply to a product for which the notification requirements of section 69505.2 or section 69505.3 have been fully and timely met.

(b) AA Requirements.

(1) Except as otherwise provided in subsection (a) above and subsections (b), (c) and (d) of section 69505.4, a responsible entity for a Priority Product shall conduct an AA for the Priority Product and shall comply with all applicable requirements of this article.

(2) A responsible entity subject to the requirements of paragraph (1) shall prepare, sign, and submit to the Department AA Reports as follows:

(A) Except as provided in subsection (c), a responsible entity shall submit the Preliminary AA Report to the Department no later than 180 days after the date the product is listed on the final Priority Products list posted on the Department's website, unless the Department specifies a different due date in the Priority Products list.

(B) Except as provided in subsection (c), a responsible entity shall submit the Final AA Report no later than twelve (12) months after the date the Department issues a notice of compliance for the Preliminary AA Report, unless the responsible entity requests and the Department approves an extended due date.

(C) For a product that is first placed into the stream of commerce in California after the date the product is listed on the Priority Products list, the due date for the Preliminary AA Report shall be 180 days after the product is first placed into the stream of commerce in California, unless the Department specifies a different due date in the Priority Products list.

(3) The requirements of this article applicable to a responsible entity may be fulfilled entirely or in part by the responsible entity, and/or entirely or in part by a person acting on behalf of or in the stead of the responsible entity. This paragraph does not apply to sections 69505.2 and 69505.3.

(c) AA Report Due Date Extension.

(1) A responsible entity may request, and the Department may grant, a one-time extension of up to ninety (90) days to the submission deadline for the AA Report or Alternate Process AA Work Plan if the extension request is based on circumstances that could not reasonably be anticipated or controlled by the responsible entity. The extension request must be received at least sixty (60) days before the applicable due date.

(2) The extension request must include:

(A) The name of, and contact information for, the person filing the extension request;

(B) The name of, and contact information for, the responsible entity(ies) on whose behalf the AA Reports will be submitted;

(C) If different from subparagraphs (A) and (B), the name of, and contact information for, the manufacturer(s) and importer(s) of the product;

(D) Information identifying and describing the responsible entity's Priority Product, and the brand name(s) and product name(s) under which the Priority Product is placed into the stream of commerce in California, and, if the Priority Product is a component of one or more assembled products, a description of the known product(s) in which the component is used;

(E) The due date for the AA Report;

(F) The amount of additional time requested; and

(G) The reason the extension is needed, including an explanation as to why the circumstances necessitating the extension could not reasonably be anticipated or controlled by the responsible entity.

(3) The Department shall approve or deny the extension request in whole or in part and provide notice to the person submitting the extension request of the decision within thirty (30) days of receipt of the extension request. Failure by the Department to issue a decision within thirty (30) days does not constitute an approval of the extension request.

(d) Consideration of Information. A responsible entity conducting an AA shall consider all relevant information made available on the Department's website, and any additional information or technical assistance the Department may provide regarding Alternatives Analysis. The responsible entity shall summarize these efforts in the Final AA Report or Abridged AA Report, whichever is applicable.

(e) Compliance Status. Notwithstanding any other provision of this chapter, failure of the Department to make a compliance determination for an AA Report or Alternate Process AA Work Plan within the applicable time frame specified in section 69505.9, or failure of the Director or the Department to respond to an appeal or Request for Review submitted under article 7 within sixty (60) days, shall not cause an AA Report or Alternate Process AA Work Plan to be deemed compliant with this article.

HISTORY

1. New section filed 8-28-2013; operative 10-1-2013 (Register 2013, No. 35).

Note

Note: Authority cited: Sections 25253 and 58012, Health and Safety Code. Reference: Sections 25252 and 25253, Health and Safety Code.