7. a. No later than one year after receipt by the department of a complete battery management plan, the department shall approve, approve in part, or disapprove of the plan. In making a determination pursuant to this section, the department may solicit information from producers or other stakeholders as the department deems appropriate. The department may assess a producer a reasonable fee to cover the department’s costs for plan review, program implementation, and enforcement costs pursuant to this act.

b. If the department approves the battery management plan, the producer shall implement the plan within 90 days after receipt of approval from the department or as otherwise agreed to by the department.

c. If the department approves in part the battery management plan, the department shall indicate those portions of the plan that do not comply with the requirements of this act and the rules and regulations adopted pursuant thereto. The producer shall implement the components of the plan, as approved, within 90 days after receipt of approval by the department or as otherwise agreed to by the department, and submit a revised battery management plan within 30 days after receipt of notification of the approval in part by the department in order to bring the entire plan into compliance with the requirements of this act and any rules and regulations adopted pursuant thereto. The department shall review and approve, conditionally approve, or disapprove a revised battery management plan within 30 days after receipt of the revised plan.

d. If the battery management plan is disapproved, the department shall inform the producer of the reasons for the disapproval. The producer shall have 30 days thereafter to submit a revised battery management plan to the department.

e. If, at the conclusion of the time period ending one year after receipt by the department of a complete battery management plan, the department has not approved, approved in part, or disapproved the battery management plan pursuant to subsections b. through d. of this section, the battery management plan shall be deemed to be conditionally approved. A producer, subject to any modifications required by the department, shall implement a conditionally approved battery management plan within 90 days after the plan has been deemed conditionally approved by the department.

f. The department may impose additional plan requirements for any portion of a battery management plan that does not comply with the requirements of this act, and any rules and regulations adopted pursuant thereto, for a plan component that has not been approved pursuant to this section.

g. The department may review a battery management plan approved pursuant to this section and recommend modifications thereto at any time upon a finding that the approved battery management plan, as implemented, is deficient.

h. Within 90 days after the department’s approval of a battery management plan submitted in accordance with section 5 of this act, or any revisions thereto, the department shall post, at a publicly accessible location on its Internet website, each battery management plan and a list identifying each of the producers participating in a battery management plan. A producer may provide a redacted version of its battery management plan to the department for the purposes of its posting on the department’s Internet website, which removes any proprietary or confidential information.

L.2023, c.222, s.7.