SECTIONS 40400-40402 - California Statutes

PUBLIC RESOURCES CODE

SECTION 40400-40402

40400. There is in the Natural Resources Agency the Department of
Resources Recycling and Recovery. The Department of Resources
Recycling and Recovery shall be administered under the control of an
executive officer known as the Director of Resources Recycling and
Recovery. Any reference in any law or regulation to the State Solid
Waste Management Board, the California Waste Management Board, or the
California Integrated Waste Management Board shall hereafter apply
to the Department of Resources Recycling and Recovery. The Director
of Resources Recycling and Recovery shall hear and decide appeals of
decisions of the Department of Resources Recycling and Recovery made
pursuant to this division.

40401. (a) (1) Except as otherwise specified by statute, the
Department of Resources Recycling and Recovery succeeds to and is
vested with all of the authority, duties, powers, purposes,
responsibilities, and jurisdiction of the former California
Integrated Waste Management Board.
(2) There shall be a Division of Recycling in the Department of
Resources Recycling and Recovery. Except as otherwise specified by
statute, the Division of Recycling in the Department of Resources
Recycling and Recovery succeeds to and is vested with all of the
authority, duties, powers, purposes, responsibilities, and
jurisdiction of the Department of Conservation in the performance of
a function carrying out Division 12.1 (commencing with Section
14500).
(b) (1) All employees of the former California Integrated Waste
Management Board who, on January 1, 2010, are serving in the state
civil service, other than as temporary employees, are transferred to
the Department of Resources Recycling and Recovery.
(2) The status, position, and rights of those persons transferred
pursuant to this subdivision shall not be affected and shall be
retained by them as employees of the department to which they are
transferred pursuant to the State Civil Service Act (Part 2
(commencing with Section 18500) of Division 5 of Title 2 of the
Government Code), except as to positions exempt from civil service.
(c) (1) All officers and employees of the Department of
Conservation who, on January 1, 2010, are serving in the state civil
service, other than as temporary employees, and are engaged in the
performance of a function carrying out Division 12.1 (commencing with
Section 14500), shall be transferred to the Division of Recycling in
the Department of Resources Recycling and Recovery.
(2) The status, position, and rights of those persons transferred
pursuant to this subdivision shall not be affected and shall be
retained by them as officers and employees of the department to which
they are transferred pursuant to the State Civil Service Act (Part 2
(commencing with Section 18500) of Division 5 of Title 2 of the
Government Code), except as to positions exempt from civil service.
(d) Any regulations adopted before January 1, 2010, by the former
California Integrated Waste Management Board and the Department of
Conservation relating to carrying out the duties and responsibilities
transferred pursuant to subdivision (a), that are in effect on
January 1, 2010, shall remain in effect on and after January 1, 2010,
and are enforceable until readopted, amended, or repealed.
(e) The Department of Resources Recycling and Recovery shall have
possession and control of all records, papers, offices, equipment,
supplies, moneys, funds, appropriations, land and other real or
personal property, held for the benefit or use of all bodies,
offices, and officers whose duties, powers, and functions have been
transferred pursuant to subdivision (a).

40402. The Department of Resources Recycling and Recovery may
expend the money in any appropriation or in any special fund in the
State Treasury made available by law for the administration of the
statutes the administration of which is committed to the department,
or for the use, support, or maintenance of any board, bureau,
commission, department, office, or officer whose duties, powers, and
functions have been transferred to and conferred upon the department.
The department shall make those expenditures in accordance with law
in carrying out the purposes for which the appropriations were made
or the special funds created.