This document includes Senate Committee Amendments incorporated into the bill on Thu, Feb 19, 2015 at 12:49 PM by lpoole.



Chief Sponsor: Margaret Dayton

House Sponsor: Keith Grover


8     General Description:
9          This bill changes the membership of the Water Quality Board.
10     Highlighted Provisions:
11          This bill:
12          ▸     amends the membership of the Water 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          19-5-103, as last amended by Laws of Utah 2012, Chapter 360

22     Be it enacted by the Legislature of the state of Utah:
23          Section 1. Section 19-5-103 is amended to read:
24          19-5-103. Water Quality Board -- Members of board -- Appointment -- Terms --
25     Organization -- Meetings -- Per diem and expenses.
26          (1) The board consists of the following nine 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)] (A) is an expert and has relevant training and experience in water quality matters;
36     [and]
37          [(C)] (B) is a Utah-licensed physician, a Utah-licensed professional engineer, or a
38     scientist with relevant training and experience; and
39          (C) Ŝ→ [
is recommended by an organization that] ←Ŝ represents local and special service
40     districts in the state;
41          (ii) two government representatives who do not represent the federal government;
42          (iii) one representative from the mineral industry;
43          (iv) one representative from the manufacturing industry;
44          (v) one representative who represents agricultural and livestock interests;
45          (vi) one representative from the public who represents:
46          (A) an environmental nongovernmental organization; or
47          (B) a nongovernmental organization that represents community interests and does not
48     represent industry interests; and
49          (vii) one representative from the public who is trained and experienced in public
50     health.
51          (2) A member of the board shall:
52          (a) be knowledgeable about water quality matters, as evidenced by a professional
53     degree, a professional accreditation, or documented experience;
54          (b) be a resident of Utah;
55          (c) attend board meetings in accordance with the attendance rules made by the
56     department under Subsection 19-1-201(1)(d)(i)(A); and
57          (d) comply with all applicable statutes, rules, and policies, including the conflict of
58     interest rules made by the department under Subsection 19-1-201(1)(d)(i)(B).

59          (3) No more than five of the appointed members may be from the same political party.
60          (4) When a vacancy occurs in the membership for any reason, the replacement shall be
61     appointed for the unexpired term with the consent of the Senate.
62          (5) (a) A member shall be appointed for a term of four years and is eligible for
63     reappointment.
64          (b) Notwithstanding the requirements of Subsection (5)(a), the governor shall, at the
65     time of appointment or reappointment, adjust the length of terms to ensure that the terms of
66     board members are staggered so that half of the appointed board is appointed every two years.
67          (c) (i) Notwithstanding Subsection (5)(a), the term of a board member who is
68     appointed before March 1, 2013, shall expire on February 28, 2013.
69          (ii) On March 1, 2013, the governor shall appoint or reappoint board members in
70     accordance with this section.
71          (6) A member shall hold office until the expiration of the member's term and until the
72     member's successor is appointed, not to exceed 90 days after the formal expiration of the term.
73          (7) The board shall:
74          (a) organize and annually select one of its members as chair and one of its members as
75     vice chair;
76          (b) hold at least four regular meetings each calendar year; and
77          (c) keep minutes of its proceedings which are open to the public for inspection.
78          (8) The chair may call a special meeting upon the request of three or more members of
79     the board.
80          (9) Each member of the board and the director shall be notified of the time and place of
81     each meeting.
82          (10) Five members of the board constitute a quorum for the transaction of business,
83     and the action of a majority of members present is the action of the board.
84          (11) A member may not receive compensation or benefits for the member's service, but
85     may receive per diem and travel expenses in accordance with:
86          (a) Section 63A-3-106;
87          (b) Section 63A-3-107; and
88          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
89     63A-3-107.

Legislative Review Note
     as of 2-12-15 3:29 PM

Office of Legislative Research and General Counsel