49-193.02. Drought mitigation board; fingerprinting; conduct of office; audit
A. The drought mitigation board is established to evaluate and approve funding requests for monies from the drought mitigation revolving fund for purposes prescribed in section 49-193.05 that substantially improve sustainable water supplies to meet this state's long-term water demand.
B. The drought mitigation board consists of the following members:
1. Not more than two persons from a combination of Maricopa, Pima or Pinal county.
2. Not more than one person from La Paz, Mohave or Yuma county.
3. Not more than one person from Cochise, Graham, Greenlee or Santa Cruz county.
4. Not more than one person from Gila or Yavapai county.
5. Not more than one person from Apache, Coconino or Navajo county.
6. The director of water resources or the director's designee.
7. The following as advisory members without the power to vote:
(a) The president of the senate.
(b) The speaker of the house of representatives.
(c) The state land commissioner.
C. Members appointed pursuant to subsection B, paragraphs 1 through 5 of this section must have a strong background in water issues within this state. Appointed members serve five-year terms of office beginning and ending on the third Monday in January and shall be appointed as follows:
1. The governor shall appoint one of the members from Maricopa, Pima or Pinal county and the one member from Apache, Coconino or Navajo county.
2. The president of the senate shall appoint one of the members from Maricopa, Pima or Pinal county and the one member from Gila or Yavapai county.
3. The speaker of the house of representatives shall appoint the one member from La Paz, Mohave or Yuma county and the one member from Cochise, Graham, Greenlee or Santa Cruz county.
D. Before a member is appointed to the board pursuant to subsection C of this section, the prospective member shall submit a full set of fingerprints to the appointing entity for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation.
E. The board shall elect a chairperson of the board from among the voting members. The chairperson may appoint subcommittees as necessary.
F. The board may request assistance from representatives of other state agencies. The department of water resources shall provide clerical and administrative support and technical assistance to the board.
G. Board members serve without compensation but are eligible for reimbursement of expenses from the fund through the department of water resources pursuant to title 38, chapter 4, article 2.
H. A majority of the voting members, which must include the chairperson, constitutes a quorum for the purpose of an official meeting for conducting business. An affirmative vote of a majority of the members present at an official meeting is sufficient for the board to take any action.
I. The board shall keep and maintain a complete and accurate record of all board proceedings.
J. The board and any subcommittees are subject to title 38, chapter 3, article 3.1, relating to public meetings, except as follows:
1. In addition to section 38-431.03, the board and subcommittees may meet in executive session to discuss potential water supply or conservation project opportunities and strategies, that, if made public, could potentially harm the applicant's, the potential applicant's or this state's competitive position.
2. Activities and events held in public for the purpose of announcing water supply or conservation projects are not public meetings.
K. The board, its subcommittees and the officers and any employees of the board are subject to title 38, chapter 3, article 8, relating to conflicts of interest.
L. The board shall adopt written policies, procedures and guidelines for standards of conduct, including a gift policy, for members of the board and for officers and employees of the board.
M. The board shall operate on the state fiscal year. On or before October 31 of each year, the board shall cause an audit to be conducted of the fund established by section 49-193.01 by an independent certified public accountant. The board shall immediately file a certified copy of the audit with the auditor general. The auditor general may make further audits and examinations as necessary and may take appropriate action relating to the audit or examination pursuant to title 41, chapter 7, article 10.1. If the auditor general takes no further action within thirty days after the audit is filed, the audit is considered to be sufficient.
N. All state agencies shall cooperate with the board and make available data pertaining to the functions of the board as requested by the board.