2006 Utah Code - 19-2-103 — Members of board -- Appointment -- Terms -- Organization -- Per diem and expenses.

     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 Chapter 126, Laws of Utah 1981, 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) Members may serve more than one term.
     (8) Members shall hold office until the expiration of their terms and until their successors are appointed, but not more than 90 days after the expiration of their terms.
     (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) Members who are not government employees shall receive no compensation or benefits for their 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) Members may decline to receive per diem and expenses for their service.

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     (b) (i) State government officer and employee members who do not receive salary, per diem, or expenses from their agency for their service may receive per diem and expenses incurred in the performance of their official duties from the board at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
     (ii) State government officer and employee members may decline to receive per diem and expenses for their service.
     (c) (i) Local government members who do not receive salary, per diem, or expenses from the entity that they represent for their service may receive per diem and expenses incurred in the performance of their official duties at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
     (ii) Local government members may decline to receive per diem and expenses for their service.

Amended by Chapter 176, 2002 General Session