H.B. 438

1

WATER QUALITY BOARD AMENDMENTS
2 2011 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Bill Wright
5 Senate Sponsor: Margaret Dayton
6
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
25
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