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H.B. 438





Chief Sponsor: Bill Wright

Senate Sponsor: Margaret Dayton

             7      LONG TITLE
             8      General Description:
             9          This bill amends the Water Quality Act by changing the membership of the Water
             10      Quality Board.
             11      Highlighted Provisions:
             12          This bill:
             13          .    changes the membership of the Water Quality Board to include:
             14              .    one representative from a municipal government;
             15              .    three representatives for agricultural and livestock interests; and
             16              .    one member at large to represent environmental interests; and
             17          .    makes technical changes.
             18      Money Appropriated in this Bill:
             19          None
             20      Other Special Clauses:
             21          None
             22      Utah Code Sections Affected:
             23      AMENDS:
             24          19-5-103, as last amended by Laws of Utah 2010, Chapter 286
             26      Be it enacted by the Legislature of the state of Utah:
             27          Section 1. Section 19-5-103 is amended to read:

             28           19-5-103. Water Quality Board -- Members of board -- Appointment -- Terms --
             29      Organization -- Meetings -- Per diem and expenses.
             30          (1) The board comprises the executive director and 11 members appointed by the
             31      governor with the consent of the Senate.
             32          (2) No more than six of the appointed members may be from the same political party.
             33          (3) The appointed members, insofar as practicable, shall include the following:
             34          (a) one member representing the mineral industry;
             35          (b) one member representing the food processing industry;
             36          (c) one member representing another manufacturing industry;
             37          (d) [two members who are officials] one member who is an official of a municipal
             38      government or the officials' representative involved in the management or operation of a
             39      wastewater treatment facility;
             40          [(e) one member representing agricultural and livestock interests;]
             41          (e) one member representing crops and horticulture interests;
             42          (f) one member representing livestock and feedlot interests;
             43          (g) one member representing agricultural interests;
             44          [(f)] (h) one member representing fish, wildlife, and recreation interests;
             45          [(g)] (i) one member representing an improvement or special service district;
             46          [(h)] (j) [two members] one member at large[, one of whom represents] representing
             47      organized environmental interests, selected with due consideration of the areas of the state
             48      affected by water pollution and not representing other interests named in this Subsection (3);
             49      and
             50          [(i)] (k) one member representing a local health department.
             51          (4) When a vacancy occurs in the membership for any reason, the replacement shall be
             52      appointed for the unexpired term with the consent of the Senate.
             53          (5) (a) Except as required by Subsection (5)(b), a member shall be appointed for a term
             54      of four years and is eligible for reappointment.
             55          (b) Notwithstanding the requirements of Subsection (5)(a), the governor shall, at the
             56      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             57      board members are staggered so that approximately half of the board is appointed every two
             58      years.

             59          (6) A member shall hold office until the expiration of the member's term and until the
             60      member's successor is appointed, not to exceed 90 days after the formal expiration of the term.
             61          (7) The board shall:
             62          (a) organize and annually select one of its members as chair and one of its members as
             63      vice chair;
             64          (b) hold at least four regular meetings each calendar year; and
             65          (c) keep minutes of its proceedings which are open to the public for inspection.
             66          (8) The chair may call a special meeting upon the request of three or more members of
             67      the board.
             68          (9) Each member of the board and the executive secretary shall be notified of the time
             69      and place of each meeting.
             70          (10) Seven members of the board constitute a quorum for the transaction of business,
             71      and the action of a majority of members present is the action of the board.
             72          (11) A member may not receive compensation or benefits for the member's service, but
             73      may receive per diem and travel expenses in accordance with:
             74          (a) Section 63A-3-106 ;
             75          (b) Section 63A-3-107 ; and
             76          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             77      63A-3-107 .

Legislative Review Note
    as of 2-17-11 4:03 PM

Office of Legislative Research and General Counsel

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