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§ 95000. General Provisions - Incorporation by Reference of Standard Conflict of Interest Code.

17 CA ADC § 95000BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS

Barclays Official California Code of Regulations Currentness
Title 17. Public Health
Division 3. Air Resources
Chapter 1. Air Resources Board
Subchapter 9. Conflict of Interest Code
Article 1. General Provisions
17 CCR § 95000
§ 95000. General Provisions - Incorporation by Reference of Standard Conflict of Interest Code.
(a) The Political Reform Act, Government Code Section 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 at California Code of Regulations, title 2, section 18730 that contains the terms of a standard Conflict of Interest Code, which can be incorporated by reference into the Conflict of Interest Code of a state agency. The regulation may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act after public notice and hearings. 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 and, along with the attached Appendices designating officials and employees and establishing disclosure categories, shall constitute the Conflict of Interest Code for the California Air Resources Board (ARB or Board).
Designated employees shall file statements of economic interests with the person designated to perform this function for the Board who shall make the statements available for public inspection and reproduction. (Gov. Code, §81008.) Upon receipt of the statements from the Board Members and the Executive Officer of the Air Resources Board, the designated person shall make and retain a copy and forward the original of these statements to the Fair Political Practices Commission. Original statements for all other designated employees will be retained by the Board.
(b) All members of advisory groups or committees appointed by the Board pursuant to Health and Safety Code Section 39603, perform a solely advisory function, and hence do not hold “designated positions” within the meaning of this Code, and are therefore exempt from the requirements of this Code.
Appendix A
List of Designated Positions
Persons holding the following job classifications are hereby required to file statements of economic interests (Form 700) in accordance with the disclosure categories indicated below. Each disclosure category is described in Appendix B.
List of Designated Positions (by Classification)
Assigned Disclosure Categories
BOARD-WIDE
Chair
1
Voting Board Member
1
All Exempt and Career Executive Assignment (CEA) positions, if not listed below
1
Consultants/New Positions (as defined in Title 2 of the California Code of Regulations, section 18700.3)
*
CHAIR'S OFFICE
Air Pollution Specialist
2
Air Resources Engineer
2
Air Resources Supervisor (all levels)
2
Associate Governmental Program Analyst
2
Communications Director
1
Information Officer (all levels)
2
International Liaison
1
Legislative Director
1
Policy Advisor
1
Small Business Ombudsperson
1
Special Counsel
1
Staff Services Analyst
2
Staff Services Manager (all levels)
2
EXECUTIVE OFFICE
Air Pollution Specialist
3,4
Air Resources Supervisor (all levels)
3,4
Assistant Chief Counsel
1
Assistant Executive Officer
1
Associate Governmental Program Analyst
3,4
Attorney (all levels)
1
Chief Counsel
1
Chief, Fuel Cell Program
1
Deputy Executive Officer
1
Executive Officer
1
Staff Air Pollution Specialist
1
Staff Services Analyst
3,4
Staff Services Manager (all levels)
3,4
OFFICE OF INFORMATION SERVICES
Air Pollution Specialist
7
Air Resources Engineer
7
Air Resources Supervisor I
2
Associate Governmental Program Analyst
7
Chief Information Officer (Division Chief)
1
Information Technology Associate
7
Information Technology Manager (all levels)
2
Information Technology Specialist
7
Information Technology Supervisor (all levels)
7
Staff Services Analyst
7
Staff Air Pollution Specialist
7
ADMINISTRATIVE SERVICES DIVISION
Division Chief
1
Accounting Branch
Accounting Administrator III (Branch Chief)
1
Business Management Branch
Associate Business Management Analyst
5
Associate Governmental Program Analyst, except positions in the Health and Saftey Unit
5
Business Services Officer (all levels)
5
Staff Services Analyst, except positions in the Health and Saftey Unit
5
Staff Services Manager I and II
5
Staff Services Manager III (Branch Chief)
1
Budgets/Contracts/Grants Branch
Associate Budget Analyst
5,6
Associate Business Management Analyst
5,6
Associate Governmental Program Analyst
5,6
Staff Services Analyst
5,6
Staff Services Manager I and II
5,6
Staff Services Manager III (Branch Chief)
1
Human Resources Branch
Attorney
1
Labor Relations Specialist
2
Staff Services Manager I and II
2
Staff Services Manager III (Branch Chief)
1
The technical and regulatory program offices and divisions:
AIR QUALITY PLANNING & SCIENCE DIVISION (AQPSD);
EMISSIONS CERTIFICATION AND COMPLIANCE DIVISION (ECCD);
ENFORCEMENT DIVISION (ED);
INDUSTRIAL STRATEGIES DIVISION (ISD);
MOBILE SOURCE CONTROL DIVISION (MSCD);
MOBILE SOURCE LABORATORY DIVISION (MSLCD);
MONITORING AND LABORATORY DIVISION (MLD);
OFFICE OF COMMUNITY AIR PROTECTION;
OFFICE OF ECONOMIC AND POLICY ANALYSIS;
RESEARCH DIVISION (RD);
SUSTAINABLE TRANSPORTATION AND COMMUNITIES DIVISION; and
TRANSPORTATION AND TOXICS DIVISION (TTD)
Air Pollution Specialist
3,4,6
Air Resources Engineer
3,4,6
Air Resources Field Representative (all levels)
3,4,6
Air Resources Supervisor I and II
3,4,6
Assistant Division Chief
1
Assistant Information Systems Analyst
7
Associate Governmental Program Analyst
3,4,6
Division Chief
1
Materials and Stores Specialist
3,4,6
Scientific Review Panel on Toxic Air Contaminants Member
1
Spectroscopist
3,4
Staff Air Pollution Specialist
3,4,6
Staff Services Analyst
3,4,6
Staff Services Manager (all levels)
3,4,6
Staff Toxicologist Specialist
3,4,6
Vehicle Program Specialist
3,4,6
*Consultants (as defined in Title 2 of the California Code of Regulations, section 18700.3) are “designated positions” for the purposes of these provisions and shall disclose pursuant to category 1 subject to the following limitation:
The Executive Officer, or his or her designee, may determine in writing that a particular consultant or new position, 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 or new position's duties and, based upon that description, a statement of the extent of disclosure requirements. The Executive Officer'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.
Appendix B
Disclosure Categories
NOTE: “Income” includes the receipt of gifts, loans, and travel payments.
Category 1
All investments, interests in real property, positions in business entities, and sources of income.
Category 2
All investments (excluding interests in real property), positions in business entities, and sources of income.
Category 3
All investments and positions in business entities, and sources of income, if the entity or source is subject to the regulatory authority of the Board or any local air pollution control district.
Category 4
All investments and positions in business entities, and sources of income, if the entity or source engages in any of the following types of activities: air pollution research; development of air pollution control strategies; environmental compliance consulting; preparation of environmental impact reports; climate change modeling; marketing or trading of global warming emissions compliance instruments; transportation planning; or any other activity related to air pollution.
Category 5
All investments and positions in business entities, and sources of income, if the entity or source provides goods, equipment, vehicles, machinery, leased facilities or services (including training or consulting services) of the type utilized by the Board.
Category 6
All investments and positions in business entities, and sources of income, if the entity or source is of the type to receive grants or other funding from or through the Board.
Category 7
All investments and positions in business entities, and sources of income, if the entity or source is of the type to provide information technology and telecommunications goods, products or services, including but not limited to, computer hardware or software companies, computer consultant services, training, data processing firms, and media services.
Note: Authority cited: Sections 39600 and 39601, Health and Safety Code; and Sections 82019, 87300 and 87306, Government Code. Reference: Sections 82019, 87300, 87301, 87302 and 87500, Government Code; and Section 18730 of Title 2, California Code of Regulations.
HISTORY
1. Repealer of subchapter 9 (articles 1-5, sections 95000-95040, not consecutive) and new Subchapter 9 (articles 1-2, sections 95000-95007) filed 11-24-81; effective thirtieth day thereafter (Register 81, No. 48). For prior history, see Register 76, No. 52.
2. Amendment filed 9-12-91; operative 10-14-91 (Register 92, No. 6).
3. Amendment of second paragraph and Note filed 6-20-95; operative 7-20-95. Submitted to OAL for printing only pursuant to Government Code section 11346.2 (Register 95, No. 25).
4. Amendment of final paragraph filed 7-5-2006; operative 8-4-2006. Approved by Fair Political Practices Commission 1-26-2005 (Register 2006, No. 27).
5. Amendment of section heading, section and Note and new Appendices A and B filed 2-3-2016; operative 3-4-2016 pursuant to Cal. Code Regs., tit. 2, section 18750(l). Approved by the Fair Political Practices Commission 1-21-2016 and submitted to OAL for filing and printing only pursuant to Cal. Code Regs., tit. 2, section 18750(k) (Register 2016, No. 6).
6. Amendment of Appendices A and B filed 3-23-2017; operative 4-22-2017 pursuant to Cal. Code Regs., tit. 2, section 18750(l). Approved by the Fair Political Practices Commission 3-1-2017 and submitted to OAL for filing and printing only pursuant to Cal. Code Regs., tit. 2, section 18750(k) (Register 2017, No. 12).
7. Amendment of Appendix A filed 11-23-2021; operative 12-23-2021 pursuant to Cal. Code Regs., tit. 2, section 18750(d). Approved by Fair Political Practices Commission 10-15-2021 and submitted to OAL for filing and printing only pursuant to Cal. Code Regs., tit. 2, section 18750(d) (Register 2021, No. 48).
This database is current through 6/24/22 Register 2022, No. 25
17 CCR § 95000, 17 CA ADC § 95000
End of Document