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Great Salt Lake Advisory Council Great Salt Lake Advisory Council

House Bill 343


GREAT SALT LAKE ADVISORY COUNCIL
2010 GENERAL SESSION
STATE OF UTAH

General Description
This bill enacts the Great Salt Lake Advisory Council Act to create the Great Salt Lake Advisory Council and address related issues.

Highlighted Provisions
This bill: defines terms; creates the Great Salt Lake Advisory Council; requires designated departments to provide staffing; and outlines the duties of the council.

Monies Appropriated in this Bill
None

Other Special Clauses
None

Utah Code Sections Affected
ENACTS
73-29-101, Utah Code Annotated 1953
73-29-102, Utah Code Annotated 1953
73-29-201, Utah Code Annotated 1953
73-29-202, Utah Code Annotated 1953

Be it enacted by the Legislature of the state of Utah:
Section 73-29-101 is enacted to read:

H.B. 343 Enrolled Copy
CHAPTER 29. GREAT SALT LAKE ADVISORY COUNCIL ACT

Part 1. General Provisions
73-29-101. Title.
This chapter is known as the "Great Salt Lake Advisory Council Act."

73-29-102. Definition.
As used in this chapter, "council" means the Great Salt Lake Advisory Council created in Section 73-29-201.

Part 2. Advisory Council Organization and Duties
73-29-201. Advisory council created -- Staffing.
(1) There is created an advisory council known as the "Great Salt Lake Advisory Council" consisting of 11 members listed in Subsection (2).

(2) (a) The governor shall appoint the following members, with the consent of the Senate:
(i) one representative of industry representing the extractive industry;
(ii) one representative of industry representing aquaculture;
(iii) one representative of conservation interests;
(iv) one representative of a migratory bird protection area as defined in Section 49 23-28-102;
(v) one representative who is an elected official from municipal government, or the elected official's designee;
(vi) five representatives who are elected officials from county government, or the elected official's designee, one each representing:
(A) Box Elder County;
(B) Davis County;
(C) Salt Lake County;
(D) Tooele County; and
(E) Weber County; and
(vii) one representative of a publicly owned treatment works.

(3) (a) Except as required by Subsection (3)(b), each member shall serve a four-year term.
(b) Notwithstanding Subsection (3)(a), at the time of appointment or reappointment, the governor shall adjust the length of terms of voting members to ensure that the terms of council members are staggered so that approximately half of the council is appointed every two years.
(c) When a vacancy occurs in the membership for any reason, the governor shall appoint a replacement for the unexpired term with the consent of the Senate.
(d) A member shall hold office until the member's successor is appointed and qualified.

(4) The council shall determine:
(a) the time and place of meetings; and
(b) any other procedural matter not specified in this chapter.

(5) (a) Attendance of six members at a meeting of the council constitutes a quorum.
(b) A vote of the majority of the members present at a meeting when a quorum is present constitutes an action of the council.

(6) (a) (i) A member who is not a government employee may not receive compensation or benefits for the member's services, but may receive per diem and expenses incurred in the performance of the member's official duties at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
(ii) A member who is not a government employee may decline to receive per diem and expenses for the member's service.
(b)(i) A state government officer or employee member who does not receive salary, per diem, or expenses from the member's agency for the member's service may receive per diem and expenses incurred in the performance of the official duties from the council at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
(ii) A state government officer or employee member may decline to receive per diem and expenses for the member's service.
(c) (i) A local government member who does not receive salary, per diem, or expenses from the entity that the member represents for the member's service may receive per diem and expenses incurred in the performance of the member's official duties at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
(ii) A local government member may decline to receive per diem and expenses for the member's service.

(7) The Department of Natural Resources and the Department of Environmental
Quality shall coordinate and provide necessary staff assistance to the council.

73-29-202. Duties of the council.
(1) (a) The council shall advise the persons listed in Subsection (1)(b) on the sustainable use, protection, and development of the Great Salt Lake in terms of balancing:
(i) sustainable use;
(ii) environmental health; and
(iii) reasonable access for existing and future development.
(b) The council shall advise, as provided in Subsection (1)(a):
(i) the governor;
(ii) the Department of Natural Resources; and
(iii) the Department of Environmental Quality.

(2) The council shall assist the Division of Forestry, Fire, and State Lands in its responsibilities for the Great Salt Lake described in Section 65A-10-8.

(3) The council:
(a) may recommend appointments to the Great Salt Lake technical team created by the
Division of Forestry, Fire, and State Lands; and
(b) shall receive and utilize technical support from the Great Salt Lake technical team.

(4) The council shall assist the Department of Natural Resources, the Department of
Environmental Quality, and their applicable boards in accomplishing their responsibilities for the Great Salt Lake.

(5) The council shall report annually to the Natural Resources Appropriations Subcommittee on the council's activities.