California Code of Regulations
Title 14 - Natural Resources
Division 7 - Department of Resources Recycling and Recovery
Chapter 11 - Product Stewardship
Article 4 - Pharmaceutical and Sharps Waste Stewardship Program
Section 18973.6 - Program Budgets

Universal Citation: 14 CA Code of Regs 18973.6

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

A program operator must submit an initial stewardship program budget for the first five calendar years of operation and an annual budget, pursuant to sections 42033 and 42033.2 of Chapter 2, Part 3, Division 30 of the Public Resources Code. The initial stewardship program budget that covers the first five calendar years of operation and the annual program budgets shall contain at a minimum, the following information:

(a) Contact information of the corporate officer, or designee, responsible for submitting and overseeing the program budget on behalf of the program operator, including, but not limited to:

(1) Contact name and title

(2) Name of program operator

(3) Mailing and physical address(es)

(4) Phone number

(5) Email address

(6) Internet website address

(b) Anticipated costs to implement the stewardship program, including, but not limited to, separate line items for the following:

(1) Capital costs, including, but not limited to, fixed, one-time, tangible purchases

(2) Costs of collection, transportation, and disposal of covered products

(3) Administrative costs

(4) Education and outreach costs

(5) Costs related to grants, loans, sponsorships, or other incentives as part of program implementation

(c) Recommended reserve level amount and description justifying the reserve level amount indicated. The program operator shall maintain reserves in a prudent and responsible manner.

(d) Recommended funding level necessary to cover the stewardship plan's budgeted costs and to operate the stewardship program over a multi-year period in a prudent and responsible manner. Include a description of how costs are apportioned to and funds remitted from participating covered entities.

(e) A description of the types of activities relative to each line item cost category, identified pursuant to section 18973.6(b).

(f) An independent financial audit of the stewardship program funded by the member covered entities participating in the stewardship program or by a covered entity, if it operates its own stewardship program. The audit shall be performed at least once each calendar year. The audit shall be conducted in accordance with generally accepted auditing standards in the United States of America by a Certified Public Accountant. The Certified Public Accountant shall not perform the non-audit services for the program operator or engage in any activities that would impair independence. The independent financial audit shall include, but not be limited to:

(1) Minutes, books, and records that clearly reflect the activities and transactions of the program operator's stewardship program.

(2) Stewardship program financial statements, as required by Generally Accepted Accounting Principles.

(3) An opinion on the stewardship organization's compliance with the aspects of section 42034 of the Public Resources Code and this Article.

(4) Findings and recommendations as they relate to the financial aspects of the stewardship program.

(5) Management Letter, if issued, by the stewardship organization's Certified Public Accountant.

1. New section filed 1-7-2021; operative 1-7-2021 (Register 2021, No. 2). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.

Note: Authority cited: Sections 40401, 42031.2 and 40502, Public Resources Code. Reference: Sections 42030, 42033, 42033.2, 42033.4, 42034 and 42036.4, Public Resources Code; and Section 17041, California Code of Regulations.

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