Division General Functions and Responsibilities




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TITLE 27. Environmental Protection

Division 1. General Functions and Responsibilities

Subdivision 0.5. Administration

Chapter 1. Conflict of Interest Code for the Office of the Secretary of the Environmental Protection Agency of California

§10010. General Provisions -- Incorporation by Reference of Standard Conflict of Interest Code.


The Political Reform Act (Government Code Sections 81000, et seq.) requires state and local government agencies to adopt and promulgate Conflict of Interest Codes. The Fair Political Practices Commission has adopted a regulation (2 Cal. Code of Regs. § 18730) which contains the terms of a standard Conflict of Interest Code which can be incorporated by reference into an agency's code. After public notice, it may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of California Code of Regulations, title 2, Section 18730, and any amendments to it duly adopted by the Fair Political Practices Commission, are incorporated herein by reference. This regulation and the attached Appendices designating officials and employees and establishing disclosure categories, shall constitute the Conflict of Interest Code of the Office of the Secretary for the California Environmental Protection Agency (Cal/EPA).

Designated employees shall file their statements with the agency, which will make the statements available for public inspection and reproduction. (Gov. Code § 81008). Upon receipt of the statement(s) for Agency Secretary, Undersecretary, Deputy Secretaries, Assistant Secretaries, and other Exempt or CEA positions, the agency shall make and retain a copy and forward the original of each statement to the Fair Political Practices Commission. Statements for all other designated employees will be retained by the agency.


Appendix A Disclosure Categories

Category 1

Every person in this Category must report: All interests in real property in the State of California, as well as investments, business positions in business entities, and sources of income, including gifts, loans and travel payments.

Category 2

Every person in this Category must report: Investments and business positions in business entities, and sources of income, including gifts, loans and travel payments that are subject to the regulatory authority of the California Environmental Protection Agency.

Category 3

Every person in this Category must report: Investments, business positions, and income, including gifts, loans and travel payments, from sources of the type that provide education or training services which courses or curricula are approved by the California Environmental Protection Agency.

Every person in this Category must report: Investments, business positions, and income, including gifts, loans and travel payments, if the source is of the type to receive grants, loans or scholarships, from or through the California Environmental Protection Agency.

Category 4

Every person in this Category must report: All investments, and business positions in business entities, and sources of income, including gifts, loans and travel payments, from sources of the type that which provide services, supplies, materials, machinery or equipment of the type utilized by the California Environmental Protection Agency.


Appendix B List of Designated Positions


Position Disclosure Category


Agency Secretary 1

Agency Information Officer 1

Air Pollution Specialists 1

Air Resources Supervisors 1

Associate Business Management Analysts 4

Associate Governmental Progam Analysts 4

(Facility Services)

Associate Governmental Progam Analysts 3

(Law Enforcement & Counsel)

Associate Governmental Progam Analysts 1

(Policy & Legislation)

Assistant Secretaries 1

Business Services Officers 4

Career Executive Assignment (CEA) Positions 1

Counsels 1

Chiefs 1

Deputy Secretaries 1

Directors 1

Environmental Program Managers 1

Environmental Scientists 2

Exempt Positions 1

Integrated Waste Management Specialists 2

Staff Environmental Scientists 2

Senior Integrated Waste Management Specialists 1

(California-Mexico Border Environmental Program)

Staff Programmer Analysts 4

Staff Services Analysts (Facility Services) 4

Staff Services Analysts (Fiscal & Administrative Programs) 4

Staff Services Analysts (Law Enforcement & Counsel) 3

Staff Services Managers (Facility Services) 4

Undersecretary 1

Water Resources Control Engineers 1

(California-Mexico Border Environmental Program)

Consultants *


________

*Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation:

The Agency Secretary, or his designee, may determine in writing that a particular consultant, although a “designated position,” is hired to perform a range of duties that are limited in scope and, thus, is not required to fully comply with the disclosure requirements in this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The Agency Secretary's determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code.

NOTE


Authority cited: Sections 87300 and 87306, Government Code. Reference: Sections 87300, 87301, 87302 and 87500, Government Code; and Section 18730 of Title 2, Division 6 of California Code of Regulations.

HISTORY


1. New subdivision 0.5, chapter 1 and section filed 1-10-96; operative 2-9-96. Approved by Fair Political Practices Commission 11-1-95 (Register 96, No. 2).

2. Repealer of section and new section and Appendix filed 7-23-2002; operative 8-22-2002. Approved by Fair Political Practices Commission 5-16-2002 (Register 2002, No. 30).

3. Repealer and new section and Appendix A and Appendix B filed 12-17-2009; operative 1-16-2010. Approved by Fair Political Practices Commission 11-16-2009 (Register 2009, No. 51).

Chapter 2. Environmental Enforcement and Training Grant Program

Article 1. Description, Procedures, Criteria, Restrictions, and Administration

§10011. Scope of Article.

Note • History


These regulations apply to applicants seeking Environmental Enforcement and Training Act grants under the Environmental Enforcement and Training Grant Program established by the Secretary of the California Environmental Protection Agency. The regulations in this Article provide the following as required by Penal Code section 14301:

(a) Describe procedures for applying for Environmental Enforcement and Training Act grants.

(b) Describe criteria to be used in determining which applications will be funded.

(c) Describe the administrative and fiscal requirements governing the receipt and expenditure of Environmental Enforcement and Training Act grant funds.

NOTE


Authority cited: Section 14301, Penal Code. Reference: Section 14301(b), Penal Code.

HISTORY


1. New chapter 2, article 1 (sections 10011-10018) and section filed 8-7-2003; operative 9-6-2003 (Register 2003, No. 32).

§10012. Definitions.

Note • History


(a) The definitions contained in Section 14300(b) of the Penal Code are incorporated herein by reference.

(b) “Cal/EPA” means the California Environmental Protection Agency

NOTE


Authority cited: Section 14301, Penal Code. Reference: Section 14300(b), Penal Code.

HISTORY


1. New section filed 8-7-2003; operative 9-6-2003 (Register 2003, No. 32).

§10013. General Provisions.

Note • History


(a) These regulations implement provisions in the Environmental Enforcement and Training Act of 2002. The Act created a potential funding source for California environmental training, investigation and enforcement activities. The Secretary has established the Environmental Enforcement and Training Grant Program to allocate and award funds, upon appropriation by the Legislature, to public agencies or private nonprofit organizations for purposes of supporting and enhancing statewide environmental enforcement and training programs for peace officers, firefighters, investigators, state and local environmental regulators, and public prosecutors pursuant to Penal Code section 14301, et seq.

(b) The Environmental Enforcement and Training Grant Program funds are derived from the Environmental Enforcement and Training Account. This Account may provide up to two million dollars ($2,000,000) annually for distribution by the Secretary, upon appropriation by the Legislature, as follows:

(1) Twenty-five percent or one hundred thousand dollars ($100,000) whichever is less to the Commission on Peace Officer Standards and Training.

(2) Twenty-five percent to the Environmental Circuit Prosecutor Project through the California District Attorney's Association.

(3) Twenty-five percent to the California District Attorneys Association.

(4) Twenty-five percent to the Secretary for discretionary grants as allowed by Penal Code commencing with sections 14306 or 14309 based on demonstrated need or in order to sustain the current level of presence and enforcement for those programs.

(c) The Secretary shall consult with the Commission on Peace Officer Standards and Training prior to providing any grant funds for peace officer education and training programs.

NOTE


Authority cited: Section 14301, Penal Code. Reference: Sections: 14300(c), 14300(d), 14301(a)(3), 14301(c), 14303(a), 14314(a), 14314(b), 14314(c) and 14314(d), Penal Code.

HISTORY


1. New section filed 8-7-2003; operative 9-6-2003 (Register 2003, No. 32).

§10014. Purpose of the Environmental Enforcement and Training Grant Program.

Note • History


The Secretary has established the Environmental Enforcement and Training Grant Program in order to provide financial assistance for statewide enforcement and training programs to enhance enforcement of environmental laws. Under this program, the Secretary is authorized to award both mandatory and discretionary training and enforcement grants.

(a) Upon appropriation, grant funds shall be awarded by the Secretary to: 1) the Commission on Peace Officer Standards and Training; 2) the Environmental Circuit Prosecutor Project through the California District Attorney's Association; and 3) the California District Attorneys Association in accordance with the Act and these regulations.

(b) Discretionary grant funds may be awarded by the Secretary to public agencies or private nonprofit organizations and local environmental regulators in accordance with the Act and these regulations.

NOTE


Authority cited: Section 14301, Penal Code. Reference: Sections 14301(c), 14314(c), 14301(d), 14309(c)(1), 14306(a), 14307(a), 14308(a), 14308(b) and 14314(d)(1), Penal Code.

HISTORY


1. New section filed 8-7-2003; operative 9-6-2003 (Register 2003, No. 32).

§10015. Procedures for Applying for Discretionary Environmental Enforcement and Training Act Grants.

Note • History


(a) To apply for an enforcement and training grant under this program, qualified entities must complete an application as specified by the Secretary. The application will require the following information:

(1) The organization's name, physical mailing address and post office box, telephone and fax numbers, and e-mail and web page addresses.

(2) The application must be signed by a person duly authorized by the applicant organization and provide the authorized person's telephone and fax numbers, and e-mail address.

(3) The name of the person with day-to-day responsibility for the project (if different from authorized representative) and that person's telephone and fax numbers, and e-mail address.

(4) A narrative/work plan that describes the applicant's proposed project. The narrative/work plan must contain the following information:

(A) Identify the environmental enforcement and/or training objectives to be addressed by the project.

(B) Identify the enforcement and/or training target audience.

(C) Identify the environmental statutes/acts addressed by the project.

(D) Provide a concise introduction that states the nature of the organization including documentation to support the organizations non-profit status.

(E) Identify how long the organization has been in existence.

(F) Describe how the organization has been successful in the past.

(G) Describe the environmental justice component of the program required by Section 10016(b)(3), or the reason(s) such a component is not included in the project.

(H) Provide project completion plans/time frames, and expected results.

(I) Provide a conclusion discussing how the applicant will evaluate and measure the success of the project, including the anticipated benefits and challenges in implementing the project.

(J) Provide budget figures/projections to support the work-plan narrative.

(K) Provide a succinct explanation of how the project may serve as a model in other settings.

(L) Provide an appendix with resumes of key personnel who will be significantly involved in the project, including the project lead.

(M) Provide letter(s) of commitment if your proposed project includes the significant involvement of other organizations.

NOTE


Authority cited: Section 14301, Penal Code. Reference: Sections 14301(c), 14314(c), 14301(d), 14309(c)(1), 14306(a), 14307(a), 14308(a), 14308(b) and 14314(d)(1), Penal Code.

HISTORY


1. New section filed 8-7-2003; operative 9-6-2003 (Register 2003, No. 32).

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