Utah Code 19-4-103. Drinking Water Board — Members — Organization — Meetings — Per diem and expenses
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(1) The board consists of the following nine members:
Terms Used In Utah Code 19-4-103
- 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.
- Board: means the Drinking Water Board appointed under Section 19-4-103. See Utah Code 19-4-102
- Department: means the Department of Environmental Quality. See Utah Code 19-1-103
- Director: means the director of the Division of Drinking Water. See Utah Code 19-4-102
- Division: means the Division of Drinking Water, created in Subsection 19-1-105(1)(b). See Utah Code 19-4-102
- Executive director: means the executive director of the department appointed pursuant to Section 19-1-104. See Utah Code 19-1-103
- Public water system: includes :(8)(b)(i) a collection, treatment, storage, or distribution facility under the control of the operator and used primarily in connection with the system; and(8)(b)(ii) a collection, pretreatment, or storage facility used primarily in connection with the system but not under the operator's control. See Utah Code 19-4-102
- Quorum: The number of legislators that must be present to do business.
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(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 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 is a Utah-licensed professional engineer with expertise in civil or sanitary engineering;(1)(b)(ii) two representatives who are elected officials from a municipal government that is involved in the management or operation of a public water system;(1)(b)(iii) one representative from an improvement district, a water conservancy district, or a metropolitan water district;(1)(b)(iv) one representative from an entity that manages or operates a public water system;(1)(b)(v) one representative from:(1)(b)(v)(A) the state water research community; or(1)(b)(v)(B) an institution of higher education that has comparable expertise in water research to the state water research community;(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 drinking water and public water systems, as evidenced by a professional degree, a professional accreditation, or documented experience;
(2)(b) represent different geographical areas within the state insofar as practicable;
(2)(c) be a resident of Utah;
(2)(d) attend board meetings in accordance with the attendance rules made by the department under Subsection 19-1-201 (1)(d)(i)(A); and
(2)(e) comply with all applicable statutes, rules, and policies, including the conflict of interest rules made by the department under Subsection 19-1-201 (1)(d)(i)(B) and the conflict of interest provisions described in Title 63G, Chapter 24, Part 3, Conflicts of Interest.
(3) No more than five appointed members of the board shall be from the same political party.
(4)
(4)(a) As terms of current board members expire, the governor shall appoint each new member or reappointed member to a four-year term.
(4)(b) Notwithstanding the requirements of Subsection (4)(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.
(4)(c)
(4)(c)(i) Notwithstanding Subsection (4)(a), the term of a board member who is appointed before May 1, 2013, shall expire on April 30, 2013.
(4)(c)(ii) On May 1, 2013, the governor shall appoint or reappoint board members in accordance with this section.
(5) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term.
(6) When the governor makes a new appointment or reappointment under Subsection (4)(a), or a vacancy appointment under Subsection (5), the governor’s new appointment, reappointment, or vacancy appointment shall be with the advice and consent of the Senate in accordance with Title 63G, Chapter 24, Part 2, Vacancies.
(7) Each member holds office until the expiration of the member’s term, and until a successor is appointed, but not for more than 90 days after the expiration of the term.
(8) The board shall elect annually a chair and a vice chair from its members.
(9)
(9)(a) The board shall meet at least quarterly.
(9)(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.
(9)(c) Reasonable notice shall be given to each member of the board before any meeting.
(10) Five members constitute a quorum at any meeting and the action of the majority of the members present is the action of the board.
(11) A member may not receive compensation or benefits for the member’s service, but may receive per diem and travel expenses in accordance with:
(11)(a) Section 63A-3-106 ;
(11)(b) Section 63A-3-107 ; and
(11)(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107 .