California Code of Regulations
Title 14 - Natural Resources
Division 7 - Department of Resources Recycling and Recovery
Chapter 11 - Product Stewardship
Article 1 - Product Stewardship for Carpets
Section 18944 - Annual Report Compliance Criteria
Universal Citation: 14 CA Code of Regs 18944
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The annual report must contain the following:
(1) Contact information. Identify the manufacturer or stewardship organization responsible for the annual report submittal.
(2) Executive Summary. Provide an evaluation of the effectiveness of the carpet stewardship plan, and anticipated steps, if needed, to improve performance.
(3) Scope. The program described in the stewardship plan accepts and manages all applicable post-consumer carpet.
(A) Indicate any changes in the program scope from the approved stewardship plan.
(B) Indicate the scope is unchanged, if no changes have occurred during the reporting period.
(4) Program Outline. Describe the carpet stewardship program, including information on the following topics:
(A) Types of collections sites and basic information about recycling facilities in California, e.g., how carpet is collected, number and location of processors, throughput and capacity of recycling facilities.
(B) Include facility name(s) and address(es) for each method of disposition.
(5) Description of goals and activities based on the stewardship plan. State goals from the approved plan, the baseline from which goals were measured, and report on achievement during the reporting period.
(A) The annual report shall include, but is not limited to, quantitative information data and discussion, specific to sales in California, on the following:
1. Amount of carpet sold by square yards and pounds, in the state during the reporting period that is covered under the approved stewardship plan. A stewardship organization with more than one manufacturer may use average weight.
2. Amount (pounds) of post-consumer carpet that is available for collection.
3. Amount (pounds) of carpet source reduced, if measureable.
4. Amount (pounds) of post-consumer carpet collected, by weight, during the reporting period.
5. Disposition, that is, amounts reused, recycled, incinerated for energy recovery or disposed of in a landfill; of collected post-consumer carpet, by pounds, during the reporting period.
6. Describe efforts to increase recyclability of carpets.
7. Describe efforts to increase recycling of post-consumer carpet.
8. Describe efforts to increase diversion of post-consumer carpet from landfills.
9. Describe other environmental impacts as data are available, e.g., green house gas emissions. Descriptions of any enforcement actions or problems related to plan implementation.
10. Describe efforts to increase the market growth of secondary products made from post-consumer carpet.
11. Describe number of jobs attributable to the carpet stewardship program as data are available.
(B) Information on goals shall be accompanied by supporting information covering, but not be limited to the following topics:
1. Report describes the measurement methodology, assumptions, conversion factors, and data sources.
2. Report demonstrates that over time source reduction, reuse, and recycling increased, while environmentally safe transformation and land disposal decreased.
3. Report covers progress toward achievement of all goals in the approved stewardship plan.
(6) Market Development. The annual report shall include a description of possible market development activities to incentivize the market growth of secondary products made from post-consumer carpet.
(7) Financing Mechanism. The annual report shall include a description and evaluation of the program's financing mechanism, including whether or not the funding was sufficient to recover, but not exceed, the full cost of the stewardship program. The annual report shall include, but not be limited to, the following total program cost information, and include any supporting documentation. Any proposed change in the amount of the carpet stewardship assessment fee must be submitted to the department for re-approval (See §
18943
Criteria for Plan Approval):
(A) Total Program Cost
(B) Cost($)/capita
(C) Cost ($)/pound collected
(D) Education/Communications (% of total program cost)
(E) End-of-life materials management (% of total program cost)
(F) Program administration (% of total program cost, including annual administrative fee for service payments to the department)
(G) Governance (program oversight) (% of total program cost)
(H) Total cost to local government (if applicable)
(I) Amount of the assessment, aggregate assessment funds collected, how spent and amounts of each major expenditure
a. Funds, if spent on CAAF, must be supported with documentation reporting on economic and environmental impacts and that incentives shall expire, if they no longer serve a benefit.
b. A carpet stewardship organization shall not expend funds from the assessment for engineered municipal solid waste conversion, as defined in Public Resources Code Section 40131.2, the use of cement kilns to burn carpet, or transformation, as defined in Public Resources Code Section 40201.
(J) Surplus funding, if any, and how it will be applied to reduce program costs
(K) An evaluation of the assessment rate
(8) Outreach/Education. List educational outreach activities in the stewardship plan. Provide a description of educational materials that were provided to retailers, consumers, carpet removers/installers, contractors, during the reporting period (provide electronic samples). Identify the method used to determine the effectiveness of educational and outreach surveys (e.g., surveys, hits on specific web pages, number of participants at events, etc). Education and outreach materials may include, but are not limited to, signage, written materials, advertising or other promotional materials pursuant to Section 42972 (a) (5) and Links to website(s) created and maintained by the manufacturer or stewardship organization.
(9) Audits. The annual report shall include an independent financial audit funded from the carpet stewardship assessment. The audit shall be conducted in accordance with auditing standards generally accepted in the United States of America, and standards set forth in Government Auditing Standards issued by the Comptroller General of the United States. The audit report shall also include a separate state compliance report on the carpet program requirements as directed by the department.
(A) The department may investigate further. If the department decides to further review the findings of the independent auditor, the review will be conducted based on same information the individual manufacturer or stewardship organization provided to the independent auditor.
(B) Financial audits must be prepared by a Certified Public Accountant.
(C) The department may request supplemental information from the individual manufacturer or stewardship organization during the course of review of a manufacturer- or stewardship organization-submitted financial audit, if necessary.
(D) The department will inform the individual manufacturer or the stewardship organization within 60 days of the results of its review.
(E) If after conducting further review of the audit, the Department deems it to be necessary, the Department may conduct its own audit.
1. New section filed 1-26-2012; operative 1-26-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 4).
2. Change without regulatory effect repealing subsection (a)(5)(B)3., renumbering subsections, adopting new subsection (a)(7)(I)b. and amending NOTE filed 1-3-2018 pursuant to section 100, title 1, California Code of Regulations (Register 2018, No. 1).
Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 42972 and 42976, Public Resources Code.
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