2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-2-2-201. Advisory councils.

A. There are hereby re-created until July 1, 2026, pursuant to the provisions of the Oklahoma Sunset Law:
1. The Water Quality Management Advisory Council;
2. The Hazardous Waste Management Advisory Council;
3. The Solid Waste Management Advisory Council; and
4. The Radiation Management Advisory Council.
B. 1. Except as provided for in paragraph 2 of this subsection, each Council created pursuant to subsection A of this section shall consist of nine (9) members. Three members shall be appointed by the Governor, three members shall be appointed by the Speaker of the House of Representatives and three members shall be appointed by the President Pro Tempore of the Senate. Appointments shall be for three-year terms. Members of the Advisory Councils shall serve at the pleasure of and may be removed from office by the appointing authority. Members shall continue to serve until their successors are appointed. Any vacancy shall be filled in the same manner as the original appointments. Five members shall constitute a quorum.
2.
a.
The Solid Waste Management Advisory Council shall consist of ten (10) members. Four members shall be appointed by the Governor, three members shall be appointed by the Speaker of the House of Representatives and three members shall be appointed by the President Pro Tempore of the Senate. Appointments shall be for three-year terms. Members of the Solid Waste Management Advisory Council shall serve at the pleasure of and may be removed from office by the appointing authority. Members shall continue to serve until their successors are appointed. Any vacancy shall be filled in the same manner as the original appointments. Six members shall constitute a quorum.
b.
The Water Quality Management Advisory Council shall consist of twelve (12) members. Four members shall be appointed by the Governor, four members shall be appointed by the President Pro Tempore of the Senate, and four members shall be appointed by the Speaker of the House of Representatives. Appointments shall be for three-year terms. Members shall serve at the pleasure of and may be removed by the appointing authority. Members may be eligible for reappointment and shall continue to serve until their successors are appointed. Vacancies shall be filled in the same manner as their original appointments. Seven members shall constitute a quorum.
3. Each Council shall elect a chair and a vice-chair from among its members. Each Council shall meet as required for rule development, review and recommendation and for such other purposes specified by law. Special meetings may be called by the chair or by the concurrence of any three members.
C. 1. All members of the Water Quality Management Advisory Council shall be knowledgeable of water quality and of the environment. The Council shall be composed as follows:
a.
the Governor shall appoint four members as follows:
(1)
one member representing the field of engineering,
(2)
one member representing a statewide nonprofit environmental organization,
(3)
one member representing the general public, and
(4)
one member representing a commercial or publicly owned laboratory accredited by the Department for both the Drinking Water and the General Environmental Laboratory classifications of accreditation,
b.
the President Pro Tempore of the Senate shall appoint four members as follows:
(1)
one member representing an industry located in this state,
(2)
one member representing an oil-field-related industry,
(3)
one member representing the field of geology, and
(4)
one member who holds a certificate under the Waterworks and Wastewater Works Operator Certification Act and who is the operator of a municipal waterworks or wastewater works facility, and
c.
the Speaker of the House of Representatives shall appoint four members as follows:
(1)
one member representing a political subdivision of the state who shall be a member of the local governmental body of a city or town,
(2)
one member representing a rural water district organized pursuant to the laws of this state,
(3)
one member representing the field of agriculture, and
(4)
one member who holds a certificate under the Waterworks and Wastewater Works Operator Certification Act and who is the operator of a waterworks or wastewater works for a rural water or sewer district organized pursuant to law.
2. The jurisdictional areas of the Water Quality Management Advisory Council shall include Article VI of this chapter, Article IV of this chapter, waterworks and wastewater activities, water quality and protection and related activities and such other areas as designated by the Board.
D. 1. All members of the Hazardous Waste Management Advisory Council shall be knowledgeable of hazardous waste and of the environment. The Council shall be composed as follows:
a.
the Governor shall appoint three members as follows:
(1)
one member representing an industry located in this state,
(2)
one member representing a statewide nonprofit environmental organization, and
(3)
one member representing a political subdivision of the state who shall be a member of the local governing body of a city or town,
b.
the President Pro Tempore of the Senate shall appoint three members as follows:
(1)
one member representing a political subdivision of the state who shall be a member of the local governmental body of a city or town,
(2)
one member representing the general public, and
(3)
one member representing industry generating hazardous waste, and
c.
the Speaker of the House of Representatives shall appoint three members as follows:
(1)
one member representing the field of engineering,
(2)
one member representing the hazardous waste industry, and
(3)
one member representing the field of geology.
2. The jurisdictional areas of the Hazardous Waste Management Advisory Council shall include Article VII of this chapter, the Oklahoma Hazardous Waste Reduction Program, and such other areas as designated by the Board.
E. 1. All members of the Solid Waste Management Advisory Council shall be knowledgeable of solid waste and of the environment. The Council shall be composed as follows:
a.
the Governor shall appoint four members as follows:
(1)
one member representing a statewide nonprofit environmental organization,
(2)
one member shall be a county commissioner,
(3)
one member representing the general public, and
(4)
one member representing the solid waste incineration, waste-to-energy industry in this state,
b.
the President Pro Tempore of the Senate shall appoint three members as follows:
(1)
one member representing an industry located in this state generating solid waste,
(2)
one member representing a political subdivision of this state who shall be a member of the local governmental body of a city or town, and
(3)
one member representing the field of geology, and
c.
the Speaker of the House of Representatives shall appoint three members as follows:
(1)
one member representing the solid waste disposal industry in this state,
(2)
one member representing the field of engineering, and
(3)
one member representing the transportation industry.
2. The jurisdictional areas of the Solid Waste Management Advisory Council shall include Article X of this chapter, the Oklahoma Used Tire Recycling Act and such other areas as designated by the Board.
F. 1. All members of the Radiation Management Advisory Council shall be knowledgeable of radiation hazards and radiation protection. The Council shall be composed as follows:
a.
the Governor shall appoint three members as follows:
(1)
one member representing an industry located in this state which uses sources of radiation in its manufacturing or processing business,
(2)
one member representing a statewide nonprofit environmental organization, and
(3)
one member representing the engineering profession who shall be a professional engineer employed and experienced in matters of radiation management and protection,
b.
the President Pro Tempore of the Senate shall appoint three members as follows:
(1)
one member representing the faculty of an institution of higher learning of university status and shall be experienced in matters of scientific knowledge and competent in matters of radiation management and protection,
(2)
one member representing the general public, and
(3)
one member representing the field of industrial radiography, and
c.
the Speaker of the House of Representatives shall appoint three members as follows:
(1)
one member representing the transportation industry,
(2)
one member representing the petroleum industry who is trained and experienced in radiation management and protection, and
(3)
one member representing a medical institution within this state who shall be experienced in matters of radiation management and protection.
2. The jurisdictional areas of the Radiation Management Advisory Council shall include Article IX of this chapter and such other areas as designated by the Board.
G. 1. The Air Quality Council shall remain in effect as the Air Quality Advisory Council and carry on the powers and duties assigned to it by law. Future appointments to the Council shall be made according to the provisions of this section.
2. The Council shall consist of nine (9) members who shall be residents of this state and appointed by the Governor with the advice and consent of the Senate.
3. Members of the Council shall have the qualifications as follows:
a.
one member shall be selected from the engineering profession, and, as such, shall be a professional engineer and experienced in matters of air pollution equipment and control, who shall not be an employee of any unit of government,
b.
one member shall be selected from industry in general, and, as such, shall be employed as a manufacturing executive carrying on a manufacturing business within this state,
c.
one member shall be selected from a faculty of an institution of higher learning of university status and shall be experienced in matters of scientific knowledge and competent in matters of air pollution control and evaluation,
d.
one member shall be selected from the transportation industry,
e.
one member shall be selected from the petroleum industry, and, as such, shall be employed by a petroleum company carrying on a petroleum refining business within the state, and, as such, shall be trained and experienced in matters of scientific knowledge of causes as well as effects of air pollution,
f.
one member shall be selected from agriculture, and, as such, shall be engaged in or employed by a basic agricultural business or the processing of agricultural products,
g.
one member shall be selected from the political subdivisions of the state, and, as such, shall be a member of the local government body of a city or town,
h.
one member, whose first term shall expire on June 15, 1998, shall be selected from the general public, and
i.
one member, whose first term shall expire on June 15, 1999, shall be selected from the electric utilities industry, and as such, shall be knowledgeable in matters of air pollution and control.
4. Each member shall be appointed to serve a term of office of seven (7) years.
The terms of all members shall be deemed to have expired on June 15 of the year of expiration, and shall continue until successors have been duly appointed and qualified. If a vacancy occurs, the Governor shall appoint a person for the remaining portion of the unexpired term created by the vacancy. Five members of the Council shall constitute a quorum.
5. The Council shall hold at least two regular meetings each calendar year at a place and time to be fixed by the Council. The Council shall select one of its members to serve as chair and another of its members to serve as vice-chair at the first regular meeting in each calendar year to serve as the chair and vice-chair for the ensuing year. Special meetings may be called, and any meeting may be canceled, by the chair, or by three members of the Council by delivery of written notice to each member of the Council.
6. The jurisdictional areas of the Air Quality Council shall include Article V of this chapter and such other areas as designated by the Board.
H. In addition to other powers and duties assigned to each Council pursuant to this Code, each Council shall, within its jurisdictional area:
1. Have authority to recommend to the Board rules on behalf of the Department. The Department shall not have standing to recommend to the Board permanent rules or changes to such rules within the jurisdiction of a Council which have not previously been submitted to the appropriate Council for action;
2. Before recommending any permanent rules to the Board, give public notice, offer opportunity for public comment and conduct a public rulemaking hearing when required by the Administrative Procedures Act;
3. Have the authority to make written recommendations to the Board which have been concurred upon by at least a majority of the membership of the Council;
4. Have the authority to provide a public forum for the discussion of issues it considers relevant to its area of jurisdiction, and to:
a.
pass nonbinding resolutions expressing the sense of the Council, and
b.
make recommendations to the Board or Department concerning the need and the desirability of conducting meetings, workshops and seminars; and
5. Cooperate with each other Council, the public, the Board and the Executive Director in order to coordinate the rules within their respective jurisdictional areas and to achieve maximum efficiency and effectiveness in furthering the objectives of the Department.
I. The Councils shall not recommend rules for promulgation by the Environmental Quality Board unless all applicable requirements of the Administrative Procedures Act have been followed, including but not limited to notice, rule impact statement and rulemaking hearings.
J. Members of the Councils shall serve without compensation but may be reimbursed expenses incurred in the performance of their duties, as provided in the State Travel Reimbursement Act. The Councils are authorized to utilize the conference rooms of the Department of Environmental Quality and obtain administrative assistance from the Department, as required.
Added by Laws 1992, c. 398, § 10, eff. Jan. 1, 1993. Amended by Laws 1993, c. 145, § 15, eff. July 1, 1993. Renumbered from § 10 of this title by Laws 1993, c. 145, § 359, eff. July 1, 1993. Amended by Laws 1995, c. 80, § 1, eff. July 1, 1995; Laws 2010, c. 301, § 1, eff. July 1, 2010; Laws 2011, c. 164, § 9, eff. July 1, 2011; Laws 2013, c. 227, § 6, eff. Nov. 1, 2013; Laws 2014, c. 91, § 1, emerg. eff. April 21, 2014; Laws 2019, c. 430, § 1, eff. Nov. 1, 2019; Laws 2020, c. 116, § 16, eff. July 1, 2020; Laws 2023, c. 69, § 1.