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 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.


Report type

Report type
















© 2013, California State Auditor | Privacy Policy | Conditions of Use | Download Adobe PDF Reader