Utah Code 19-2-103. Members of board — Appointment — Terms — Organization — Per diem and expenses
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(1) The board consists of the following nine members:
Terms Used In Utah Code 19-2-103
- Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
- Air pollution: means the presence of an air pollutant in the ambient air in the quantities, for a duration, and under the conditions and circumstances that are injurious to human health or welfare, animal or plant life, or property, or would unreasonably interfere with the enjoyment of life or use of property, as determined by the rules adopted by the board. See Utah Code 19-2-102
- Board: means the Air Quality Board. See Utah Code 19-2-102
- Department: means the Department of Environmental Quality. See Utah Code 19-1-103
- Director: means the director of the Division of Air Quality. See Utah Code 19-2-102
- Division: means the Division of Air Quality created in Section 19-1-105. See Utah Code 19-2-102
- Executive director: means the executive director of the department appointed pursuant to Section 19-1-104. See Utah Code 19-1-103
- Quorum: The number of legislators that must be present to do business.
(1)(a) the following non-voting member, except that the member may vote to break a tie vote between the voting members:
(1)(a)(i) the executive director; or
(1)(a)(ii) an employee of the department designated by the executive director; and
(1)(b) the following eight voting members, who shall be appointed or reappointed by the governor with the advice and consent of the Senate in accordance with Title 63G, Chapter 24, Part 2, Vacancies:
(1)(b)(i) one representative who:
(1)(b)(i)(A) is not connected with industry;
(1)(b)(i)(B) is an expert in air quality matters; and
(1)(b)(i)(C) is a Utah-licensed physician, a Utah-licensed professional engineer, or a scientist with relevant training and experience;
(1)(b)(ii) two government representatives who do not represent the federal government;
(1)(b)(iii) one representative from the mining industry;
(1)(b)(iv) one representative from the fuels industry;
(1)(b)(v) one representative from the manufacturing industry;
(1)(b)(vi) one representative from the public who represents:
(1)(b)(vi)(A) an environmental nongovernmental organization; or
(1)(b)(vi)(B) a nongovernmental organization that represents community interests and does not represent industry interests; and
(1)(b)(vii) one representative from the public who is trained and experienced in public health.
(2) A member of the board shall:
(2)(a) be knowledgeable about air pollution matters, as evidenced by a professional degree, a professional accreditation, or documented experience;
(2)(b) be a resident of Utah;
(2)(c) attend board meetings in accordance with the attendance rules made by the department under Subsection 19-1-201 (1)(d)(i)(A); and
(2)(d) comply with all applicable statutes, rules, and policies, including the conflict of interest provisions described in Title 63G, Chapter 24, Part 3, Conflicts of Interest, and the conflict of interest rules made by the department under Subsection 19-1-201 (1)(d)(i)(B).
(3) No more than five of the appointed members of the board shall belong to the same political party.
(4) A majority of the members of the board may not derive any significant portion of their income from persons subject to permits or orders under this chapter.
(5)
(5)(a) Members shall be appointed for a term of four years.
(5)(b) Notwithstanding the requirements of Subsection (5)(a), the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of board members are staggered so that half of the appointed board is appointed every two years.
(6) A member may serve more than one term.
(7) A member shall hold office until the expiration of the member’s term and until the member’s successor is appointed, but not more than 90 days after the expiration of the member’s term.
(8) When a vacancy occurs in the membership for any reason, the governor shall, with the advice and consent of the Senate in accordance with Title 63G, Chapter 24, Part 2, Vacancies, appoint a replacement for the unexpired term.
(9) The board shall elect annually a chair and a vice chair from its members.
(10)
(10)(a) The board shall meet at least quarterly.
(10)(b) Special meetings may be called by the chair upon the chair’s own initiative, upon the request of the director, or upon the request of three members of the board.
(10)(c) Three days’ notice shall be given to each member of the board before a meeting.
(11) Five members constitute a quorum at a meeting, and the action of a majority of members present is the action of the board.
(12) A member may not receive compensation or benefits for the member’s service, but may receive per diem and travel expenses in accordance with:
(12)(a) Section 63A-3-106 ;
(12)(b) Section 63A-3-107 ; and
(12)(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107 .