2007 California Public Resources Code Article 1. Membership, Terms, And Removal

CA Codes (prc:40400-40414)

40400.  There is in the Resources Agency the California Integrated
Waste Management Board.  Any reference in any law or regulation to
the State Solid Waste Management Board or the California Waste
Management Board shall hereafter apply to the California Integrated
Waste Management Board.



40401.  The board shall consist of the following members:
   (a) One member appointed by the Governor who has private sector
experience in the solid waste industry.
   (b) One member appointed by the Governor who has served as an
elected or appointed official of a nonprofit environmental protection
organization whose principal purpose is to promote recycling and the
protection of air and water quality.
   (c) Two members appointed by the Governor who shall represent the
public.
   (d) One member appointed by the Senate Committee on Rules who
shall represent the public.
   (e) One member appointed by the Speaker of the Assembly who shall
represent the public.



40402.  Except the member appointed pursuant to subdivision (a) of
Section 40401, no person shall be a member of the board if that
person has received more than 10 percent of his or her income in the
two years before the appointment to the board, directly or
indirectly, from a person or entity subject to regulation by the
board.  For the purposes of this section, "income" does not include
the salary or expenses received by a member of a city council or a
county supervisor in carrying out their official duties.



40403.  (a) Except as provided under subdivision (b), no board
member may derive any income directly or indirectly, except income
from a vested retirement plan, from a person or from an entity
subject to regulation by the board or from any organization which
actively participates in matters before the board.
   (b) No board member appointed pursuant to subdivision (a) of
Section 40401 may derive any earned income directly or indirectly
from a person or from an entity subject to regulation by the board or
from any organization which actively participates in matters before
the board.  For purposes of this subdivision, "earned income" means
wages, salaries, professional fees, directors fees, and other amounts
received as compensation for personal services actually rendered,
but does not include any amount received as a pension or annuity,
dividends, interest, or any other return on a security including
proceeds from the sale of a security.


40404.  (a) The members of the board shall represent the state at
large and not any particular area of the state and shall serve full
time.
   (b) Except as provided in Section 40406 for specified members of
the board the appointments to the board which are made by the
Governor shall be subject to confirmation by the Senate in accordance
with Article 2 (commencing with Section 1770) of Chapter 4 of
Division 4 of Title 1 of the Government Code.



40405.  The chairperson of the board shall be elected by a majority
of the board members.  The member appointed pursuant to subdivision
(a) or (b) of Section 40401 shall not serve as chairperson.



40406.  (a) Except as provided for the initial board in subdivision
(b), each member of the board shall be appointed for a term of four
years.  A vacancy shall be filled by the appointing power for the
unexpired portion of the term in which it occurs.
   (b) The terms of the initial members of the board are as follows:

   (1) The term of the initial member appointed pursuant to
subdivision (a) of Section 40401 ends on January 1, 1992.
   (2) The term of the initial member appointed pursuant to
subdivision (b) of Section 40401 ends on January 1, 1993.
   (3) The term of one of the initial members appointed pursuant to
subdivision (c) of Section 40401 ends on January 1, 1996.
   (4) The term of one of the initial members appointed pursuant to
subdivision (c) of Section 40401 ends on January 1, 1997.
   (5) The term of the initial member appointed pursuant to
subdivision (d) of Section 40401 ends on January 1, 1995.
   (6) The term of the initial members appointed pursuant to
subdivision (e) of Section 40401 ends on January 1, 1994.
   (c) Notwithstanding subdivision (b) of Section 40404, the initial
members appointed by the Governor pursuant to subdivision (c) of
Section 40401 are not subject to confirmation by the Senate.
   (d) The Governor shall appoint the initial members appointed
pursuant to subdivisions (a) and (b) of Section 40401 and transmit
the appointment on or before July 1, 1990.  The Senate shall confirm
or refuse to confirm the appointments made pursuant to subdivision
(a) or (b), or both, on or before a date which is 90 days after
receipt of the notice of appointment.
   (e) If the Senate refuses or fails to confirm the appointments
pursuant to subdivision (d), the Governor, on or before a date which
is within 20 days after that refusal or failure, shall appoint
another person and transmit the appointment and the Senate shall
confirm or refuse to confirm that appointment on or before a date
which is 90 days after receipt of the notice of appointment.
   (f) If the Senate takes no action to confirm or refuse to confirm
an appointment pursuant to subdivision (d) or (e) on or before
January 1, 1991, that appointment is deemed confirmed.



40407.  The board shall elect a vice chairperson from its members.



40408.  The annual salary of the members of the board is provided
for by Chapter 6 (commencing at Section 11550) of Part 1 of Division
3 of Title 2 of the Government Code.  Each member of the board shall
also receive necessary traveling and other expenses incurred in the
performance of his or her official duties out of appropriations made
for the support of the board.



40410.  (a) Each member of the board shall have one vote.  Except as
provided in Section 40500, the affirmative vote of at least four
members shall be required for the transaction of any business of the
board.
   (b) A vacancy in the board shall not impair the right of the
remaining members to exercise all the powers of the board, and four
members of the board shall at all times constitute a quorum.




40411.  (a) No member of the board shall participate in any board
action or attempt to influence any decision or recommendation by any
employee of or consultant to the board which involves himself or
herself or which involves any entity with which the member is
connected as a director, officer, consultant, or full- or part-time
employee, or in which the member has a direct personal financial
interest within the meaning of Section 87100 of the Government Code.

   (b) No board member shall participate in any proceeding before any
agency as a consultant or in any other capacity on behalf of any
solid waste handler or any organization which actively participates
in matters before the board.
   (c) For a period of 12 months after leaving office, a former board
member shall not act as agent or attorney for, or otherwise
represent, any other person before the board by making any formal or
informal appearance or by making any oral or written communication to
the board.



40412.  (a) For the purposes of this section, "ex parte
communication" means any oral or written communication concerning
matters, other than purely procedural matters, under the board's
jurisdiction which are subject to a rollcall vote pursuant to Section
40510.
   (b) No board member or any person, excepting a staff member of the
board acting in his or her official capacity, who intends to
influence the decision of a board member on a matter before the
board, shall conduct an ex parte communication, except as follows:
   (1) If an ex parte communication occurs, the board member shall
notify the interested party that a full disclosure of the ex parte
communication shall be entered in the board's record.
   (2) Communications cease to be ex parte communications when either
of the following occurs:
   (A) The board member or the person who engaged in the
communication with the board member fully discloses the communication
and requests in writing that it be placed in the board's official
record of the proceeding.
   (B) When two or more board members receive substantially the same
written communication, or are party to the same oral communication,
from the same party on the same matter, and a single board member
fully discloses the communication on behalf of the other board member
or members who received the communication and requests in writing
that it be placed in the board's official record of the proceeding.
   (c) Notwithstanding Section 11425.10 of the Government Code, the
ex parte communications provisions of the Administrative Procedure
Act (Article 7 (commencing with Section 11430.10) of Chapter 4.5 of
Part 1 of Division 3 of Title 2 of the Government Code) do not apply
to proceedings of the board to which this section applies.




40413.  Any person who violates Section 40411 or 40412 is punishable
by a fine of not more than fifty thousand dollars (,000) or by
imprisonment for not more than one year in the county jail or in the
state prison, or by both that fine and imprisonment.



40414.  Upon request of any person or on his or her own initiative,
the Attorney General may file a complaint in the superior court for
the county in which the board has its principal office alleging that
a board member has knowingly violated Section 40403, 40411, or 40412
and the facts upon which the allegation is based and asking that the
member be removed from office.  Further proceedings shall be in
accordance, as near as may be, with rules governing civil actions.
If, after trial, the court finds that the board member has knowingly
violated any of those sections, it shall pronounce judgment that the
member be removed from office.