Report 2014-110 Recommendation 3 Responses
Report 2014-110: California Department of Resources Recycling and Recovery: The Beverage Container Recycling Program Continues to Face Deficits and Requires Changes to Become Financially Sustainable (Release Date: November 2014)
Recommendation #3 To: Resources Recycling and Recovery, Department of
To allow for public input and to prevent any legal challenges claiming that its policies and procedures regarding prepayment holds constitute unenforceable underground regulations, CalRecycle should adopt these policies and procedures as regulations in accordance with the Administrative Procedure Act.
Annual Follow-Up Agency Response From October 2021
PRC section 14552(a) and section 14573.7 authorizes CalRecycle to establish and implement prepayment control auditing systems before authorizing payment for refund value, administrative costs, or administrative fees claims submitted by a processor, recycling center, curbside program, community service program, or dropoff or collection program. The Department has established a prepayment auditing process to protect the integrity of the BCRF as authorized by statute. CalRecycle is conducting rulemaking to clarify this process in regulations and anticipates submitting the rulemaking package to the Office of Administrative Law by December 2022. In addition, the process of developing and changing Regulations is being addressed by CalRecycle. The department has recently received resources to establish a Regulatory Unit within the Legal Division, DOR will benefit from this unit specializing in regulation development.
- Estimated Completion Date: December 2024
California State Auditor's Assessment of Annual Follow-Up Status: Pending
Annual Follow-Up Agency Response From September 2020
CalRecycle conducted three informal regulatory workshops on December 2015, February 2016, and May 2016. CalRecycle is in the process of drafting a regulatory package. The estimated date to submit a draft regulatory package to the Office of Administrative Law for initial public comment is June 1, 2021. The rules take effect on October 1, 2021.
- Estimated Completion Date: 10/1/2021
California State Auditor's Assessment of Annual Follow-Up Status: Pending
Annual Follow-Up Agency Response From November 2019
CalRecycle conducted three informal regulatory workshops on December 2015, February 2016, and May 2016. CalRecycle is in the process of drafting a regulatory package. The estimated date to submit a draft regulatory package to the Office of Administrative Law for initial public comment is December 31, 2019. The rules take effect on April 1, 2020.
- Estimated Completion Date: 7/1/2020
California State Auditor's Assessment of Annual Follow-Up Status: Pending
Annual Follow-Up Agency Response From October 2018
CalRecycle has conducted three (3) informal regulatory workshops: December 2015, February 2016 and May 2016. CalRecycle currently in the process of drafting the requisite regulatory package. The revised estimated completion date to submit draft regulatory package to OAL for initial public comment in 2019.
- Estimated Completion Date: 12/31/2019
California State Auditor's Assessment of Annual Follow-Up Status: Pending
Annual Follow-Up Agency Response From November 2017
CalRecycle has conducted three (3) informal regulatory workshops: December 2015, February 2016 and May 2016. CalRecycle currently in the process of drafting the requisite regulatory package. The revised estimated completion date to submit draft regulatory package to OAL for initial public comment in 2018.
- Estimated Completion Date: 12/31/2018
California State Auditor's Assessment of Annual Follow-Up Status: Pending
Annual Follow-Up Agency Response From October 2016
CalRecycle has conducted three (3) informal regulatory workshops: December 2015, February 2016 and May 2016. CalRecycle currently in the process of drafting the requisite regulatory package. The revised estimated completion date to submit draft regulatory package to OAL for initial public comment in 2017.
- Estimated Completion Date: December 2017
California State Auditor's Assessment of Annual Follow-Up Status: Not Fully Implemented
1-Year Agency Response
Informal Regulatory workshop schedule for 12/8/15. Target for promulgation of regulations September 2016.
- Estimated Completion Date: September 2016
- Response Date: November 2015
California State Auditor's Assessment of 1-Year Status: Not Fully Implemented
6-Month Agency Response
CalRecycle will initiate a rulemaking procedure to, at a minimum, seek public input, clarify requirements, and detail processes pertaining to the pre-payment hold and inspection process. It is expected that the rulemaking process will take six to eighteen months to complete depending upon the number and complexity of comments received during the public comment period.
- Estimated Completion Date: 12/31/2015
- Response Date: May 2015
California State Auditor's Assessment of 6-Month Status: Pending
60-Day Agency Response
CalRecycle will initiate a rulemaking procedure to, at a minimum, seek public input, clarify requirements, and detail processes pertaining to the pre-payment hold and inspection process. It is expected that the rulemaking process will take six to eighteen months to complete depending upon the number and complexity of comments received during the public comment period.
- Estimated Completion Date: April 1, 2015
- Response Date: December 2014
California State Auditor's Assessment of 60-Day Status: Pending
All Recommendations in 2014-110
Agency responses received are posted verbatim.