Utah Code 19-5-103. Water Quality Board — Members of board — Appointment — Terms — Organization — Meetings — Per diem and expenses
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(1) The board consists of the following nine members:
Terms Used In Utah Code 19-5-103
- 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 Water Quality Board created in Section 19-1-106. See Utah Code 19-5-102
- Department: means the Department of Environmental Quality. See Utah Code 19-1-103
- Director: means the director of the Division of Water Quality or, for purposes of groundwater quality at a facility licensed by and under the jurisdiction of the Division of Waste Management and Radiation Control, the director of the Division of Waste Management and Radiation Control. See Utah Code 19-5-102
- Division: means the Division of Water Quality, created in Subsection 19-1-105(1)(e). See Utah Code 19-5-102
- 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.
- 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 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 an expert and has relevant training and experience in water quality matters;
(1)(b)(i)(B) is a Utah-licensed physician, a Utah-licensed professional engineer, or a scientist with relevant training and experience; and
(1)(b)(i)(C) represents local and special service districts in the state;
(1)(b)(ii) two government representatives who do not represent the federal government;
(1)(b)(iii) one representative from the mineral industry;
(1)(b)(iv) one representative from the manufacturing industry;
(1)(b)(v) one representative who represents agricultural and livestock interests;
(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 water quality 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 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 of the appointed members may be from the same political party.
(4) 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.
(5)
(5)(a) A member shall be appointed for a term of four years and is eligible for reappointment.
(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 shall hold office until the expiration of the member’s term and until the member’s successor is appointed, not to exceed 90 days after the formal expiration of the term.
(7) The board shall:
(7)(a) organize and annually select one of its members as chair and one of its members as vice chair;
(7)(b) hold at least four regular meetings each calendar year; and
(7)(c) keep minutes of its proceedings which are open to the public for inspection.
(8) The chair may call a special meeting upon the request of three or more members of the board.
(9) Each member of the board and the director shall be notified of the time and place of each meeting.
(10) Five members of the board constitute a quorum for the transaction of business, and the action of a majority of 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 .