49-1092. Underground storage tank policy
commission; membership; powers; definitions
A. An underground storage tank policy commission is established to review and
provide recommendations to improve the program established pursuant to this chapter.
B. The underground storage tank policy commission consists of the following
members:
1. A representative from a city or town government that owns or operates
underground storage tanks.
2. A representative of an environmental organization.
3. A representative of the public who has environmental experience.
4. A representative of owners or operators with one hundred or more underground
storage tanks in this state.
5. A representative of owners or operators with at least ten but fewer than one
hundred underground storage tanks in this state.
6. A representative of owners or operators with fewer than ten underground storage
tanks in this state.
7. A representative of environmental consultants who is qualified by the
underground storage tank program.
8. A representative of the public who has experience in finance or insurance
matters.
9. An environmental attorney not employed by the state.
10. A representative of the attorney general's office.
11. The director or the director's designee.
C. The governor shall appoint the members listed in subsection B, paragraphs 1
through 9 of this section. Members serve at the pleasure of the governor for staggered
three year terms. Members appointed pursuant to subsection B, paragraphs 4 through 9 of
this section shall have experience with underground storage tanks. Members are not
entitled to compensation but are eligible for reimbursement of expenses pursuant to title
38, chapter 4, article 2. Members of the commission are subject to title 38, chapter 3,
article 8, relating to conflict of interest. Notwithstanding this subsection, unless a
member has a direct pecuniary or proprietary interest, a member's discussion or vote on
an issue of general applicability to the program established pursuant to this chapter is
not an indirect conflict of interest. A member shall not vote on or otherwise
participate in any manner on a specific recommendation of the commission relating to a
particular site if the member has been identified as an owner or operator of that site by
the department or if the member receives a significant portion of income directly from a
person identified as an owner or operator of that site.
D. The underground storage tank policy commission shall:
1. Select a chairperson and vice-chairperson from among its members.
2. Submit reports to the speaker of the house of representatives, the president of
the senate, the governor and the director at least annually. These reports shall evaluate
the overall effectiveness of the underground storage tank program, including:
(a) The adequacy of protection to human health and the environment.
(b) The cost-effectiveness of corrective actions.
(c) The appropriate use of assurance account monies.
(d) The need for additional assurance account monies or other monies to meet the
needs of the program.
(e) Evaluation and recommendation of dates to phase out the assurance account and
transfer responsibility for corrective action costs to the private insurance industry.
(f) Ways to reduce future claims to the assurance account and encourage compliance
with new tank standards by lowering claim ceilings and increasing copayments.
3. Have at least thirty days to review and make written recommendations to the
director before the department's adoption of substantive policies or guidelines of the
program that affect the substantive rights of owners and operators or other regulated
parties. The director shall consider the written recommendations of the commission
before implementing the policies or guidelines.
4. Be provided with the applicable information described in section 41-1021,
subsection B, at the time of the docket opening regarding a proposed rule that affects
the substantive rights of owners and operators or other parties regulated pursuant to
this chapter. The commission may provide written comments within a timely manner. The
department shall consider any written comments of the commission before publication of a
notice of a proposed rule adoption pursuant to section 41-1022.
E. The commission may:
1. Form subcommittees to consider specific issues.
2. Transmit specific recommendations for improving the program to the director, the
speaker of the house of representatives, the president of the senate and the governor.
3. At the request of a commission member, consider issues arising out of any
permit, fee or other substantive requirement that affect the ownership or operation of a
facility that conducts the retail sale of motor vehicle fuels.
F. Meetings of the commission or any subcommittee shall be open to the public and
an opportunity for public comment shall be provided at each meeting.
G. The director and the department shall cooperate in providing information to the
commission. The director shall consider the recommendations of the commission in
administering the requirements of this chapter.
H. For the purposes of this section:
1. "Issue of general applicability" means an issue that affects a substantial
number of the constituents of the program and therefore qualifies as a remote interest as
defined in section 38-502.
2. "Significant portion of income" has the same meaning prescribed in section
49-322, subsection B.
|