A. There is hereby created the Environmental Quality Board to represent the interests of the State of Oklahoma which shall consist of thirteen (13) members appointed by the Governor with the advice and consent of the Senate.
B. To be eligible for appointment to the Board a person shall:
1. Be a citizen of the United States;
2. Be a resident of this state;
3. Be a qualified elector of this state; and
4. Not have been convicted of a felony pursuant to the laws of this state, the laws of any other state or the laws of the United States.
C. The Board shall be composed of:
1. One member who shall be a certified or registered environmental professional. Such member shall be an environmental professional experienced in matters of pollution control, who shall not be an employee of any unit of government;
2. One member who shall be selected from industry in general. Such member shall be employed as a manufacturing executive carrying on a manufacturing business within the state;
3. One member who shall be selected from the hazardous waste industry within the state;
4. One member who shall be selected from the solid waste industry within this state;
5. One member who shall be well versed in recreational, irrigational, municipal or residential water usage;
6. One member who shall be selected from the petroleum industries being regulated by the Department of Environmental Quality;
7. One member who shall be selected from the agriculture industries regulated by the Department of Environmental Quality;
8. One member who shall be selected from the conservation districts of the state;
9. Three members who shall be citizen members of any statewide nonprofit environmental organization;
10. One member who shall be a member of the local governing body of a city or town; and
11. One member who shall be from a rural water district organized pursuant to the laws of this state.
D. The term of office of a member of the Board shall be for five (5) years and until a successor is appointed and qualified.
E. 1. An appointment shall be made by the Governor within ninety (90) days after a vacancy has occurred due to resignation, death, or any cause resulting in an unexpired term. In the event of a vacancy on the Board due to resignation, death, or for any cause resulting in an unexpired term, if not filled within ninety (90) days following such vacancy, the Board may appoint a provisional member to serve in the interim until the Governor acts.
2. A member may be reappointed.
3. In making appointments to the Environmental Quality Board, the Governor shall recognize the geographic diversity of the state and endeavor to appoint members representing each quadrant of the state.
F. 1. The Board shall hold meetings as necessary at a place and time to be fixed by the Board. The Board shall select, at its first meeting, one of its members to serve as chair and another of its members to serve as vice-chair. At the first meeting in each calendar year thereafter, the chair and vice-chair for the ensuing year shall be elected. Special meetings may be called by the chair or by five members of the Board by delivery of written notice to each member of the Board. A majority of the Board present at the meeting shall constitute a quorum of the Board.
2. Members of the Board shall receive necessary travel expenses according to the provisions of the State Travel Reimbursement Act.
G. The Board shall:
1. Appoint and fix the compensation of the Executive Director of the Department of Environmental Quality;
2. Be the rulemaking body for the Department of Environmental Quality;
3. Review and approve the budget request of the Department to the Governor;
4. Assist the Department in conducting periodic reviews and planning activities related to the goals, objectives, priorities and policies of the Department;
5. In conjunction with each regular meeting of the Board pursuant to subsection F and at such other times as the Board may determine to be necessary and appropriate, provide a public forum for receiving comments and disseminating information to the public and the regulated community regarding goals, objectives, priorities, and policies of the Department. The Board shall have the authority to adopt nonbinding resolutions requesting action by the Department in response to comments received or upon the Board's own initiative; and
6. Review and evaluate the need for amendments or additions to the Oklahoma Statutes regarding the programs and functions of the Department and make legislative recommendations to the Legislature.
H. As the rulemaking body for the Department of Environmental Quality, the Board is specifically charged with the duty of promulgating rules which will implement the duties and responsibilities of the Department pursuant to this Code. Except as provided in this subsection, rules within the jurisdiction of a Council provided for by this act shall be promulgated with the advice of such Council. Proposed permanent rules within the jurisdiction of a Council shall not be considered by the Board for promulgation until receipt of the appropriate Council's recommendation on such promulgation; however, the Board may promulgate emergency rules without the advice of the appropriate Council when the time constraints of the emergency, as determined by the Board, do not permit the timely development of recommendations by the Council. All actions of the Councils with regard to rulemaking shall be deemed actions of the Board for the purposes of complying with the Administrative Procedures Act.
Added by Laws 1992, c. 398, § 7, eff. Jan. 1, 1993. Amended by Laws 1993, c. 145, § 14, eff. July 1, 1993. Renumbered from § 7 of this title by Laws 1993, c. 145, § 359, eff. July 1, 1993. Amended by Laws 1993, c. 324, § 55, eff. July 1, 1993; Laws 2001, c. 110, § 1, emerg. eff. April 18, 2001; Laws 2005, c. 20, § 1, emerg. eff. April 5, 2005.