State Codes and Statutes

Statutes > Tennessee > Title-68 > Chapter-201 > Part-1 > 68-201-104

68-201-104. Creation of air pollution control board Members Meetings Organization.

(a)  There is created an agency to be known as the air pollution control board.

(b)  (1)  The members of the board shall be the commissioner of environment and conservation, the commissioner of economic and community development, and twelve (12) other members who shall be appointed by the governor, as follows:

          (A)  One (1) shall be a registered professional engineer as defined in title 62, chapter 2, who shall have at least five (5) years' experience in the field of air pollution control;

          (B)  One (1) shall be a physician, licensed in compliance with title 63, chapter 6, who shall be experienced in the health effects of air contaminants;

          (C)  One (1) shall be engaged in a field which is directly related to agriculture or conservation;

          (D)  One (1) shall be actively engaged in the management of a private manufacturing concern appointed from a list of three (3) persons nominated by the Tennessee Association of Business;

          (E)  One (1) shall be a county mayor or chief executive officer of a Tennessee county appointed from a list of three (3) persons nominated by the Tennessee county services association;

          (F)  One (1) shall be engaged in municipal government appointed from a list of three (3) persons nominated by the Tennessee Municipal League;

          (G)  Two (2) shall be from Tennessee industry having technical training and experience in air pollution abatement appointed from a list of three (3) persons nominated by the Tennessee Association of Business;

          (H)  One (1) shall be involved in the program of an institute of higher learning in the state involved in the conducting of training in air pollution evaluation and control;

          (I)  One (1) shall be appointed from a list of nominees submitted to the governor by the Tennessee Conservation League;

          (J)  One (1) shall be a small generator of air pollution and shall be appointed from a list of three (3) persons nominated by the Tennessee Automotive Association;

          (K)  One (1) shall be appointed from a list of three (3) persons nominated by the Tennessee environmental council; and

          (L)  If the governor does not choose to appoint one (1) of the persons recommended under the terms of subdivision (b)(1)(D), (E), (F), (G), (J) or (K), the appropriate organization shall submit a new list of nominations to the governor equal in number to their original nominations.

     (2)  The twelve (12) appointed members' terms of office shall be four (4) years and until their successors are selected and qualified, except that the terms of those first appointed shall expire as follows: two (2) at the end of one (1) year after date of appointment, two (2) at the end of two (2) years after date of appointment, two (2) at the end of three (3) years after date of appointment, two (2) at the end of four (4) years after the date of appointment, and, of the two (2) appointed in 1970 pursuant to former subdivisions (b)(8) and (9), one (1) at the end of two (2) years after date of appointment and one (1) at the end of four (4) years after date of appointment as designated by the governor at the time of appointment. In making appointments to the board, the governor shall strive to ensure that at least one (1) person appointed to serve on the board is sixty (60) years of age or older and that at least one (1) person appointed to serve on the board is a member of a racial minority. If a vacancy occurs, the governor may appoint a member for the remaining portion of the unexpired term created by the vacancy. The governor may remove any appointed member for cause. Each member shall be reimbursed for travel in accordance with the provisions of the comprehensive travel regulations as approved by the attorney general and reporter and the commissioner of finance and administration. A per diem allowance of fifty dollars ($50.00) shall only be paid to members for meetings at which a quorum is present.

(c)  The board shall hold at least two (2) regular meetings each calendar year at a place and time to be fixed by the board. The commissioner of environment and conservation shall be chair of the board and the board shall select at its first meeting one (1) of its members to serve as vice chair. At the first regular meeting in each calendar year thereafter, the vice chair for the ensuing year shall be selected from among the members of the board. The director of the air pollution control division or service of the department of environment and conservation shall be technical secretary of the board. The director shall receive no additional compensation for such services. Special meetings may be called by the chair or by three (3) members of the board upon delivery of written notice to the office of each member of the board. Eight (8) members of the board shall constitute a quorum, and a quorum may act for the board in all matters. The decision of a majority of a quorum shall be determinative of any question before the board except as otherwise specially provided in this part.

[Acts 1967, ch. 367, § 4; 1970, ch. 538, §§ 1, 2; 1971, ch. 108, § 1; 1971, ch. 362, §§ 4, 5; modified; impl. am. Acts 1972, ch. 542, § 15; Acts 1976, ch. 639, § 1; 1976, ch. 806, § 1(5); impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A., § 53-3411; Acts 1984, ch. 788, § 3; 1988, ch. 1013, § 66; T.C.A., § 68-25-104; Acts 1994, ch. 610, §§ 1-5; 1994, ch. 628, §§ 1, 2; 1995, ch. 501, § 2; 1996, ch. 728, §§ 1-3; 2003, ch. 90, § 2; 2004, ch. 677, § 2.]  

State Codes and Statutes

Statutes > Tennessee > Title-68 > Chapter-201 > Part-1 > 68-201-104

68-201-104. Creation of air pollution control board Members Meetings Organization.

(a)  There is created an agency to be known as the air pollution control board.

(b)  (1)  The members of the board shall be the commissioner of environment and conservation, the commissioner of economic and community development, and twelve (12) other members who shall be appointed by the governor, as follows:

          (A)  One (1) shall be a registered professional engineer as defined in title 62, chapter 2, who shall have at least five (5) years' experience in the field of air pollution control;

          (B)  One (1) shall be a physician, licensed in compliance with title 63, chapter 6, who shall be experienced in the health effects of air contaminants;

          (C)  One (1) shall be engaged in a field which is directly related to agriculture or conservation;

          (D)  One (1) shall be actively engaged in the management of a private manufacturing concern appointed from a list of three (3) persons nominated by the Tennessee Association of Business;

          (E)  One (1) shall be a county mayor or chief executive officer of a Tennessee county appointed from a list of three (3) persons nominated by the Tennessee county services association;

          (F)  One (1) shall be engaged in municipal government appointed from a list of three (3) persons nominated by the Tennessee Municipal League;

          (G)  Two (2) shall be from Tennessee industry having technical training and experience in air pollution abatement appointed from a list of three (3) persons nominated by the Tennessee Association of Business;

          (H)  One (1) shall be involved in the program of an institute of higher learning in the state involved in the conducting of training in air pollution evaluation and control;

          (I)  One (1) shall be appointed from a list of nominees submitted to the governor by the Tennessee Conservation League;

          (J)  One (1) shall be a small generator of air pollution and shall be appointed from a list of three (3) persons nominated by the Tennessee Automotive Association;

          (K)  One (1) shall be appointed from a list of three (3) persons nominated by the Tennessee environmental council; and

          (L)  If the governor does not choose to appoint one (1) of the persons recommended under the terms of subdivision (b)(1)(D), (E), (F), (G), (J) or (K), the appropriate organization shall submit a new list of nominations to the governor equal in number to their original nominations.

     (2)  The twelve (12) appointed members' terms of office shall be four (4) years and until their successors are selected and qualified, except that the terms of those first appointed shall expire as follows: two (2) at the end of one (1) year after date of appointment, two (2) at the end of two (2) years after date of appointment, two (2) at the end of three (3) years after date of appointment, two (2) at the end of four (4) years after the date of appointment, and, of the two (2) appointed in 1970 pursuant to former subdivisions (b)(8) and (9), one (1) at the end of two (2) years after date of appointment and one (1) at the end of four (4) years after date of appointment as designated by the governor at the time of appointment. In making appointments to the board, the governor shall strive to ensure that at least one (1) person appointed to serve on the board is sixty (60) years of age or older and that at least one (1) person appointed to serve on the board is a member of a racial minority. If a vacancy occurs, the governor may appoint a member for the remaining portion of the unexpired term created by the vacancy. The governor may remove any appointed member for cause. Each member shall be reimbursed for travel in accordance with the provisions of the comprehensive travel regulations as approved by the attorney general and reporter and the commissioner of finance and administration. A per diem allowance of fifty dollars ($50.00) shall only be paid to members for meetings at which a quorum is present.

(c)  The board shall hold at least two (2) regular meetings each calendar year at a place and time to be fixed by the board. The commissioner of environment and conservation shall be chair of the board and the board shall select at its first meeting one (1) of its members to serve as vice chair. At the first regular meeting in each calendar year thereafter, the vice chair for the ensuing year shall be selected from among the members of the board. The director of the air pollution control division or service of the department of environment and conservation shall be technical secretary of the board. The director shall receive no additional compensation for such services. Special meetings may be called by the chair or by three (3) members of the board upon delivery of written notice to the office of each member of the board. Eight (8) members of the board shall constitute a quorum, and a quorum may act for the board in all matters. The decision of a majority of a quorum shall be determinative of any question before the board except as otherwise specially provided in this part.

[Acts 1967, ch. 367, § 4; 1970, ch. 538, §§ 1, 2; 1971, ch. 108, § 1; 1971, ch. 362, §§ 4, 5; modified; impl. am. Acts 1972, ch. 542, § 15; Acts 1976, ch. 639, § 1; 1976, ch. 806, § 1(5); impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A., § 53-3411; Acts 1984, ch. 788, § 3; 1988, ch. 1013, § 66; T.C.A., § 68-25-104; Acts 1994, ch. 610, §§ 1-5; 1994, ch. 628, §§ 1, 2; 1995, ch. 501, § 2; 1996, ch. 728, §§ 1-3; 2003, ch. 90, § 2; 2004, ch. 677, § 2.]  


State Codes and Statutes

State Codes and Statutes

Statutes > Tennessee > Title-68 > Chapter-201 > Part-1 > 68-201-104

68-201-104. Creation of air pollution control board Members Meetings Organization.

(a)  There is created an agency to be known as the air pollution control board.

(b)  (1)  The members of the board shall be the commissioner of environment and conservation, the commissioner of economic and community development, and twelve (12) other members who shall be appointed by the governor, as follows:

          (A)  One (1) shall be a registered professional engineer as defined in title 62, chapter 2, who shall have at least five (5) years' experience in the field of air pollution control;

          (B)  One (1) shall be a physician, licensed in compliance with title 63, chapter 6, who shall be experienced in the health effects of air contaminants;

          (C)  One (1) shall be engaged in a field which is directly related to agriculture or conservation;

          (D)  One (1) shall be actively engaged in the management of a private manufacturing concern appointed from a list of three (3) persons nominated by the Tennessee Association of Business;

          (E)  One (1) shall be a county mayor or chief executive officer of a Tennessee county appointed from a list of three (3) persons nominated by the Tennessee county services association;

          (F)  One (1) shall be engaged in municipal government appointed from a list of three (3) persons nominated by the Tennessee Municipal League;

          (G)  Two (2) shall be from Tennessee industry having technical training and experience in air pollution abatement appointed from a list of three (3) persons nominated by the Tennessee Association of Business;

          (H)  One (1) shall be involved in the program of an institute of higher learning in the state involved in the conducting of training in air pollution evaluation and control;

          (I)  One (1) shall be appointed from a list of nominees submitted to the governor by the Tennessee Conservation League;

          (J)  One (1) shall be a small generator of air pollution and shall be appointed from a list of three (3) persons nominated by the Tennessee Automotive Association;

          (K)  One (1) shall be appointed from a list of three (3) persons nominated by the Tennessee environmental council; and

          (L)  If the governor does not choose to appoint one (1) of the persons recommended under the terms of subdivision (b)(1)(D), (E), (F), (G), (J) or (K), the appropriate organization shall submit a new list of nominations to the governor equal in number to their original nominations.

     (2)  The twelve (12) appointed members' terms of office shall be four (4) years and until their successors are selected and qualified, except that the terms of those first appointed shall expire as follows: two (2) at the end of one (1) year after date of appointment, two (2) at the end of two (2) years after date of appointment, two (2) at the end of three (3) years after date of appointment, two (2) at the end of four (4) years after the date of appointment, and, of the two (2) appointed in 1970 pursuant to former subdivisions (b)(8) and (9), one (1) at the end of two (2) years after date of appointment and one (1) at the end of four (4) years after date of appointment as designated by the governor at the time of appointment. In making appointments to the board, the governor shall strive to ensure that at least one (1) person appointed to serve on the board is sixty (60) years of age or older and that at least one (1) person appointed to serve on the board is a member of a racial minority. If a vacancy occurs, the governor may appoint a member for the remaining portion of the unexpired term created by the vacancy. The governor may remove any appointed member for cause. Each member shall be reimbursed for travel in accordance with the provisions of the comprehensive travel regulations as approved by the attorney general and reporter and the commissioner of finance and administration. A per diem allowance of fifty dollars ($50.00) shall only be paid to members for meetings at which a quorum is present.

(c)  The board shall hold at least two (2) regular meetings each calendar year at a place and time to be fixed by the board. The commissioner of environment and conservation shall be chair of the board and the board shall select at its first meeting one (1) of its members to serve as vice chair. At the first regular meeting in each calendar year thereafter, the vice chair for the ensuing year shall be selected from among the members of the board. The director of the air pollution control division or service of the department of environment and conservation shall be technical secretary of the board. The director shall receive no additional compensation for such services. Special meetings may be called by the chair or by three (3) members of the board upon delivery of written notice to the office of each member of the board. Eight (8) members of the board shall constitute a quorum, and a quorum may act for the board in all matters. The decision of a majority of a quorum shall be determinative of any question before the board except as otherwise specially provided in this part.

[Acts 1967, ch. 367, § 4; 1970, ch. 538, §§ 1, 2; 1971, ch. 108, § 1; 1971, ch. 362, §§ 4, 5; modified; impl. am. Acts 1972, ch. 542, § 15; Acts 1976, ch. 639, § 1; 1976, ch. 806, § 1(5); impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A., § 53-3411; Acts 1984, ch. 788, § 3; 1988, ch. 1013, § 66; T.C.A., § 68-25-104; Acts 1994, ch. 610, §§ 1-5; 1994, ch. 628, §§ 1, 2; 1995, ch. 501, § 2; 1996, ch. 728, §§ 1-3; 2003, ch. 90, § 2; 2004, ch. 677, § 2.]