19-2-103 - Members of board -- Appointment -- Terms -- Organization -- Per diem and expenses.
19-2-103. Members of board -- Appointment -- Terms -- Organization -- Per diemand expenses.
(1) The board comprises 11 members, one of whom shall be the executive director and10 of whom shall be appointed by the governor with the consent of the Senate.
(2) The members shall be knowledgeable of air pollution matters and shall be:
(a) a practicing physician and surgeon licensed in the state not connected with industry;
(b) a registered professional engineer who is not from industry;
(c) a representative from municipal government;
(d) a representative from county government;
(e) a representative from agriculture;
(f) a representative from the mining industry;
(g) a representative from manufacturing;
(h) a representative from the fuel industry; and
(i) two representatives of the public not representing or connected with industry, at leastone of whom represents organized environmental interests.
(3) No more than five of the appointed members shall belong to the same political party.
(4) The majority of the members may not derive any significant portion of their incomefrom persons subject to permits or orders under this chapter. Any potential conflict of interest ofany member or the executive secretary, relevant to the interests of the board, shall be adequatelydisclosed.
(5) Members serving on the Air Conservation Committee created by Laws of Utah 1981,Chapter 126, as amended, shall serve as members of the board throughout the terms for whichthey were appointed.
(6) (a) Except as required by Subsection (6)(b), members shall be appointed for a term offour years.
(b) Notwithstanding the requirements of Subsection (6)(a), the governor shall, at the timeof appointment or reappointment, adjust the length of terms to ensure that the terms of boardmembers are staggered so that approximately half of the board is appointed every two years.
(7) A member may serve more than one term.
(8) A member shall hold office until the expiration of the member's term and until themember's successor is appointed, but not more than 90 days after the expiration of the member'sterm.
(9) When a vacancy occurs in the membership for any reason, the replacement shall beappointed for the unexpired term.
(10) The board shall elect annually a chair and a vice chair from its members.
(11) (a) The board shall meet at least quarterly, and special meetings may be called bythe chair upon his own initiative, upon the request of the executive secretary, or upon the requestof three members of the board.
(b) Three days' notice shall be given to each member of the board prior to any meeting.
(12) Six members constitute a quorum at any meeting, and the action of a majority ofmembers present is the action of the board.
(13) A member may not receive compensation or benefits for the member's service, butmay receive per diem and travel expenses in accordance with:
(a) Section 63A-3-106;
(b) Section 63A-3-107; and
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and63A-3-107.
Amended by Chapter 286, 2010 General Session