49-1092
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49-1092. Underground storage tank policy commission; membership; powers; definitions A. An underground storage tank policy commission is established to review and provide recommendations to improve the program established pursuant to this chapter. B. The underground storage tank policy commission consists of the following members: 1. A representative from a city or town government that owns or operates underground storage tanks. 2. A representative of an environmental organization. 3. A representative of the public who has environmental experience. 4. A representative of owners or operators with one hundred or more underground storage tanks in this state. 5. A representative of owners or operators with at least ten but fewer than one hundred underground storage tanks in this state. 6. A representative of owners or operators with fewer than ten underground storage tanks in this state. 7. A representative of environmental consultants who is qualified by the underground storage tank program. 8. A representative of the public who has experience in finance or insurance matters. 9. An environmental attorney not employed by the state. 10. A representative of the attorney general's office. 11. The director or the director's designee. C. The governor shall appoint the members listed in subsection B, paragraphs 1 through 9 of this section. Members serve at the pleasure of the governor for staggered three year terms. Members appointed pursuant to subsection B, paragraphs 4 through 9 of this section shall have experience with underground storage tanks. Members are not entitled to compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2. Members of the commission are subject to title 38, chapter 3, article 8, relating to conflict of interest. Notwithstanding this subsection, unless a member has a direct pecuniary or proprietary interest, a member's discussion or vote on an issue of general applicability to the program established pursuant to this chapter is not an indirect conflict of interest. A member shall not vote on or otherwise participate in any manner on a specific recommendation of the commission relating to a particular site if the member has been identified as an owner or operator of that site by the department or if the member receives a significant portion of income directly from a person identified as an owner or operator of that site. D. The underground storage tank policy commission shall: 1. Select a chairperson and vice-chairperson from among its members. 2. Submit reports to the speaker of the house of representatives, the president of the senate, the governor and the director at least annually. These reports shall evaluate the overall effectiveness of the underground storage tank program, including: (a) The adequacy of protection to human health and the environment. (b) The cost-effectiveness of corrective actions. (c) The appropriate use of assurance account monies. (d) The need for additional assurance account monies or other monies to meet the needs of the program. (e) Evaluation and recommendation of dates to phase out the assurance account and transfer responsibility for corrective action costs to the private insurance industry. (f) Ways to reduce future claims to the assurance account and encourage compliance with new tank standards by lowering claim ceilings and increasing copayments. 3. Have at least thirty days to review and make written recommendations to the director before the department's adoption of substantive policies or guidelines of the program that affect the substantive rights of owners and operators or other regulated parties. The director shall consider the written recommendations of the commission before implementing the policies or guidelines. 4. Be provided with the applicable information described in section 41-1021, subsection B, at the time of the docket opening regarding a proposed rule that affects the substantive rights of owners and operators or other parties regulated pursuant to this chapter. The commission may provide written comments within a timely manner. The department shall consider any written comments of the commission before publication of a notice of a proposed rule adoption pursuant to section 41-1022. E. The commission may: 1. Form subcommittees to consider specific issues. 2. Transmit specific recommendations for improving the program to the director, the speaker of the house of representatives, the president of the senate and the governor. 3. At the request of a commission member, consider issues arising out of any permit, fee or other substantive requirement that affect the ownership or operation of a facility that conducts the retail sale of motor vehicle fuels. F. Meetings of the commission or any subcommittee shall be open to the public and an opportunity for public comment shall be provided at each meeting. G. The director and the department shall cooperate in providing information to the commission. The director shall consider the recommendations of the commission in administering the requirements of this chapter. H. For the purposes of this section: 1. "Issue of general applicability" means an issue that affects a substantial number of the constituents of the program and therefore qualifies as a remote interest as defined in section 38-502. 2. "Significant portion of income" has the same meaning prescribed in section 49-322, subsection B. |