19-2-103. Members of board -- Appointment -- Terms -- Organization -- Per diem
and expenses.
(1) The board comprises 11 members, one of whom shall be the executive director and
ten 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 least
one 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 income
from persons subject to permits or orders under this chapter. Any potential conflict of interest of
any member or the executive secretary, relevant to the interests of the board, shall be adequately
disclosed.
(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 which
they were appointed.
(6) (a) Except as required by Subsection (6)(b), members shall be appointed for a term of
four years.
(b) Notwithstanding the requirements of Subsection (6)(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 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 the
member's successor is appointed, but not more than 90 days after the expiration of the member's
term.
(9) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed 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 by
the chair upon his own initiative, upon the request of the executive secretary, or upon the request
of 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 of
members present is the action of the board.
(13) (a) (i) A member who is not a government employee shall receive no compensation
or benefits for the member's services, but may receive per diem and expenses incurred in the
performance of the member's official duties at the rates established by the Division of Finance
under Sections 63A-3-106 and 63A-3-107.
(ii) A member may decline to receive per diem and expenses for the member's service.
(b) (i) A state government officer and employee member who does not receive salary, per
diem, or expenses from the agency the member represents for the member's service may receive
per diem and expenses incurred in the performance of the member's official duties from the board
at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
(ii) A state government officer and employee member may decline to receive per diem
and expenses for the member's service.
(c) (i) A local government member who does not receive salary, per diem, or expenses
from the entity that the member represents for the member's service may receive per diem and
expenses incurred in the performance of the member's official duties at the rates established by
the Division of Finance under Sections 63A-3-106 and 63A-3-107.
(ii) A local government member may decline to receive per diem and expenses for the
member's service.
Amended by Chapter 356, 2009 General Session
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Last revised: Thursday, May 28, 2009