(a) There is created a Compliance Advisory Panel composed of nine (9) individuals.
(b) The panel shall consist of:
(1) Two (2) members appointed by the Governor to represent the general public who are not:
(A) Owners or representatives of owners of small business stationary sources; or
(B) Owners or representatives of owners of a recycling company or the marketing and recyclable community;
(2) Three (3) members selected by the Speaker of the House of Representatives:
(A) One (1) member who is an owner or who represents an owner of small business stationary sources; and
(B) Two (2) members who are owners or representatives of a small business recycling company or the marketing and recyclable community;
(3) Three (3) members selected by the President Pro Tempore of the Senate:
(A) One (1) member who is an owner or who represents an owner of small business stationary sources; and
(B) Two (2) members who are owners or representatives of a small business recycling company or the marketing and recyclable community; and
(4) One (1) member selected by the Director of the Division of Environmental Quality who shall serve as a nonvoting member except when his or her vote is needed to break a tie vote.
(c)
(1) Each member shall serve a term of four (4) years.
(2) In the event of a vacancy in the membership of the panel concerning a member selected by the General Assembly or the Governor, the Governor shall appoint a person meeting the applicable eligibility requirements of the vacated position to fill the vacancy for the remainder of the unexpired term.
(3) In the event of a vacancy in the membership of the panel concerning the member appointed by the director, the director shall appoint a person to fill the vacancy for the remainder of the unexpired term.
(d)
(1)
(A) The panel shall hold at least one (1) regular meeting each calendar year quarter at a time and place determined by the panel.
(B) At least one (1) meeting each calendar year shall be dedicated to small business stationary sources, with an emphasis on air quality issues.
(2) Special meetings may be called at the discretion of the chair.
(e)
(1) The panel shall select a chair by a majority vote of the membership.
(2) Each chair shall serve a term of one (1) year.
(f) Five (5) members of the panel shall constitute a quorum to transact business.
(g) The members of the panel may receive expense reimbursement in accordance with § 25-16-901 et seq.
(h)
(1) If a vacancy occurs in an appointed position for any reason, the vacancy shall be filled by appointment by the official who made the appointment.
(2) The new appointee shall serve for the remainder of the unexpired term.
(i) The panel shall perform the following duties for the Small Business Stationary Source Technical and Environmental Compliance Assistance Program:
(1) Render advisory opinions concerning the effectiveness of the Small Business Stationary Source Technical and Environmental Compliance Assistance Program, difficulties encountered, and degree and severity of enforcement;
(2) Make periodic reports to the Administrator of the United States Environmental Protection Agency concerning the compliance of the Small Business Stationary Source Technical and Environmental Compliance Assistance Program with the requirements of the Paperwork Reduction Act of 1980, the Regulatory Flexibility Act, 5 U.S.C. § 601 et seq., and the Equal Access to Justice Act, 5 U.S.C. § 504, 28 U.S.C. § 2412, and 42 U.S.C. § 1988;
(3) Review information for small business stationary sources to assure such information is understandable by the layperson; and
(4) Have the Small Business Stationary Source Technical and Environmental Compliance Assistance Program serve as the secretariat for the development and dissemination of such reports and advisory opinions.
(j) The panel shall perform the following duties for the Marketing Recyclables Program:
(1) Develop a program for the coordination of all existing marketing programs for recyclables;
(2) Work with existing industry to encourage the use of recyclables in their manufacturing processes;
(3) Recruit new industries that use recyclables in their manufacturing processes;
(4) Maintain current information on market prices and trends; and
(5) Advise and assist state and local officials in all areas of recyclables marketing, including without limitation the implementation, administration, and funding of the collection and recycling or collection and disposal of extra-large tires as defined in § 8-9-402.