[Archives] 2023 Conflict of Interest Code Amendments

CalRecycle maintains archived information on its website as a record of its activities for use by the public and CalRecycle staff.

Overview

On November 8, 2023, the Office of Administrative Law (OAL) approved the Department of Resources Recycling and Recovery (CalRecycle) 2023 Conflict of Interest Code Amendments. The regulations are effective on December 8, 2023.

CalRecycle amended its Conflict of Interest Code to include employee positions that involve making decisions or participating in making decisions that may foreseeably have a material effect on any financial interest, as set forth in subdivision (a) of section 87302 of the Government Code.

These amendments delete position titles that are no longer in use and add position titles that involve making governmental decisions by:

  1. voting on a matter,
  2. obligating or committing CalRecycle, or
  3. entering into contractual agreements for CalRecycle.
  1.  

The amendments also add position titles that participate in the making of governmental decisions by:

  1. negotiating on behalf of CalRecycle or
  2. advising or making recommendations to the decision maker by
    1. conducting research or
    2. preparing reports, analyses, or opinions.

Affected Regulatory Code Sections

Section 18419 of Chapter 5.9 of Division 7 of Title 14 of the California Code of Regulations. (Cal. Code Regs., Title 14, § 18419.)

Current Status

The 2023 Conflict of Interest Code Amendments were submitted to OAL on September 27, 2023. The regulations were approved by OAL on November 8, 2023, effective December 8, 2023.

Current Documents

The current rulemaking documents are listed below:

These documents are available for public inspection during normal business hours at CalRecycle, 1001 “I” Street, 24th Floor, Sacramento, CA 95814. To schedule a time to inspect these documents, please contact Anastasia Baskerville at regulations@calrecycle.ca.gov.

Input from Interested Parties

CalRecycle provided notice to employees affected by the amendments on June 30, 2023. CalRecycle conducted a public comment period of at least 45 days beginning June 30, 2023 and ending no sooner than August 15, 2023

History

CalRecycle filed its Notice of Intention with OAL on June 20, 2023 for publication on June 30, 2023.

CalRecycle filed its rulemaking package with the Fair Political Practices Commission (FPPC) on June 20, 2023. The FPPC is the Conflict of Interest Code reviewing body for CalRecycle. (Gov. Code § 82011(a).)

Contact

Anastasia Baskerville
Legal Office
Department of Resources Recycling and Recovery (CalRecycle)
1001 I Street, MS 24B
Sacramento, CA  95814
Telephone: (916) 327-0089
e-mail: regulations@calrecycle.ca.gov