1     
AIR QUALITY BOARD MEMBERSHIP AMENDMENTS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Jim Dabakis

5     
House Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill modifies the membership of the Air Quality Board.
10     Highlighted Provisions:
11          This bill:
12          ▸     modifies the membership of the Air Quality Board; and
13          ▸     makes technical changes.
14     Money Appropriated in this Bill:
15          None
16     Other Special Clauses:
17          None
18     Utah Code Sections Affected:
19     AMENDS:
20          19-2-103, as last amended by Laws of Utah 2015, Chapter 154
21     

22     Be it enacted by the Legislature of the state of Utah:
23          Section 1. Section 19-2-103 is amended to read:
24          19-2-103. Members of board -- Appointment -- Terms -- Organization -- Per diem
25     and expenses.
26          (1) The board consists of the following [nine] seven members:
27          [(a) the following non-voting member, except that the member may vote to break a tie
28     vote between the voting members:]
29          [(i) the executive director; or]
30          [(ii) an employee of the department designated by the executive director; and]
31          [(b) the following eight voting members, who shall be appointed by the governor with
32     the consent of the Senate:]
33          [(i) one representative who:]
34          [(A) is not connected with industry;]
35          [(B) is an expert in air quality matters; and]
36          [(C) is a Utah-licensed physician, a Utah-licensed professional engineer, or a scientist
37     with relevant training and experience;]
38          [(ii) two government representatives who do not represent the federal government;]
39          [(iii) one representative from the mining industry;]
40          [(iv) one representative from the fuels industry;]
41          [(v) one representative from the manufacturing industry;]
42          [(vi) one representative from the public who represents:]
43          [(A) an environmental nongovernmental organization; or]
44          [(B) a nongovernmental organization that represents community interests and does not
45     represent industry interests; and]
46          [(vii) one representative from the public who is trained and experienced in public
47     health.]
48          (a) the following three members, appointed by the governor and confirmed by the
49     Senate:
50          (i) one representative of the mining, fuels, or manufacturing industry;
51          (ii) one licensed physician; and
52          (iii) one scientist with relevant training and experience;
53          (b) the following two members, appointed by the minority leader of the Senate and
54     confirmed by the Senate:
55          (i) one scientist with relevant training and experience; and
56          (ii) one representative of an environmental organization who has no ties to government
57     or industry; and
58          (c) the following two members, appointed by the speaker of the House and confirmed
59     by the Senate:
60          (i) one government representative; and
61          (ii) one representative of the public who is trained and experienced in public health.
62          (2) A member of the board shall:
63          (a) be knowledgeable about air pollution matters, as evidenced by a professional
64     degree, a professional accreditation, or documented experience;
65          (b) be a resident of Utah;
66          (c) attend board meetings in accordance with the attendance rules made by the
67     department under Subsection 19-1-201(1)(d)(i)(A); and
68          (d) comply with all applicable statutes, rules, and policies, including the conflict of
69     interest rules made by the department under Subsection 19-1-201(1)(d)(i)(B).
70          (3) No more than five of the appointed members of the board shall belong to the same
71     political party.
72          (4) A majority of the members of the board may not derive any significant portion of
73     their income from persons subject to permits or orders under this chapter.
74          (5) (a) Members shall be appointed for a term of four years.
75          (b) Notwithstanding the requirements of Subsection (5)(a), the governor shall, at the
76     time of appointment or reappointment, adjust the length of terms to ensure that the terms of
77     board members are staggered so that half of the appointed board is appointed every two years.
78          (6) A member may serve more than one term.
79          (7) A member shall hold office until the expiration of the member's term and until the
80     member's successor is appointed, but not more than 90 days after the expiration of the
81     member's term.
82          (8) When a vacancy occurs in the membership for any reason, the replacement shall be
83     appointed for the unexpired term.
84          (9) The board shall elect annually a chair and a vice chair from its members.
85          (10) (a) The board shall meet at least quarterly.
86          (b) Special meetings may be called by the chair upon the chair's own initiative, upon
87     the request of the director, or upon the request of three members of the board.
88          (c) Three days' notice shall be given to each member of the board before a meeting.
89          (11) Five members constitute a quorum at a meeting, and the action of a majority of
90     members present is the action of the board.
91          (12) A member may not receive compensation or benefits for the member's service, but
92     may receive per diem and travel expenses in accordance with:
93          (a) Section 63A-3-106;
94          (b) Section 63A-3-107; and
95          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
96     63A-3-107.




Legislative Review Note
Office of Legislative Research and General Counsel