Report 2009-501 Recommendations and Responses in 2013-041

Report 2009-501: State Mandates: Operational and Structural Changes Have Yielded Limited Improvements in Expediting Processes and in Controlling Costs and Liabilities

Department Number of Years Reported As Not Fully Implemented Total Recommendations to Department Not Implemented After One Year Not Implemented as of 2012-041 Response Not Implemented as of Most Recent Response
Commission on State Mandates 4 5 1 1 0

Recommendation To: Mandates, Commission on State

To ensure that it resolves sufficiently its backlog of test claims, incorrect reduction claims, and the boilerplate amendment request, the Commission should work with Finance to seek additional resources to reduce its backlog, including test claims and incorrect reduction claims. In doing so, Commission staff should prioritize its workload and seek efficiencies to the extent possible.


The Commission worked with the Department of Finance to submit a Budget Change Proposal (BCP) for the addition of two new staff; an Attorney III and a Sr. Legal Analyst. The BCP was included in the adopted 13/14 budget and the new positions were filled in July 2013.

Prior to the BCP approval, the Commission took several steps to reduce the backlog using existing resources. Specifically, since 2001 the Commission has prioritized its workload and sought efficiencies through the preparation of an annual Backlog Reduction Plan. When the BSA audit findings were issued in October 2009, the Commission still had pending 53 test claims, 32 of which were large claims pleading regulations and statutes dating back to 1975 (i.e. the 2002-2003 claims) and 146 incorrect reduction claims (IRCs). As of this writing, there are 25 test claims and 82 IRCs pending, including new filings. Additionally, all test claims prior to 2007 have been decided and all test claims prior to 2010 will be decided by the end of the 2013 calendar year. The plan contemplates presenting all test claims filed through 2012-2013, with the exception of the 10 National Pollutant Discharge Elimination System (NPDES) permit test claims (which are pending litigation), to the Commission for decision by March 2014.

Once the test claims are completed, the Commission will be able to focus its efforts on completely eliminating the IRC backlog. Based on current pending caseload and staffing levels, Commission staff expects that the IRC backlog may be eliminated during the 2016-2017 fiscal year.

Current Status of Recommendations

All Recommendations in 2013-041