455A.6  Environmental protection commission--appointment and duties.

1.  An environmental protection commission is created, which consists of nine members appointed by the governor for staggered terms of four years beginning and ending as provided in section 69.19. Commission appointees are subject to senate confirmation. The members shall be electors of the state and have knowledge of the subjects embraced in chapter 455B. The appointments shall be based upon the training, experience, and capacity of the appointees, and not based upon political considerations, other than as provided in section 69.16. The membership of the commission shall be as follows:

a.  Three members actively engaged in livestock and grain farming.

b.  A member actively engaged in the business of finance or commerce.

c.  A member actively engaged in the management of a manufacturing company.

d.  Four members who are electors of the state.

2.  A vacancy on the commission shall be filled for the unexpired term in the same manner as the original appointment was made.

3.  The members of the commission shall be reimbursed for actual and necessary travel and related expenses incurred in the discharge of official duties. Each member of the commission may also be eligible to receive compensation as provided in section 7E.6.

4.  The commission shall hold an organizational meeting within thirty days of the beginning of a new regular term for one or more of its members. The commission shall organize by electing a chairperson, vice chairperson, secretary, and any other officers deemed necessary or desirable. The commission shall meet at least quarterly throughout the year.

5.  A majority of the members of the commission is a quorum, and a majority of a quorum may act in any matter within the jurisdiction of the commission, unless a more restrictive rule is adopted by the commission.

6.  Except as otherwise provided by law, the commission shall:

a.  Establish policy for the department and adopt rules, pursuant to chapter 17A, necessary to provide for the effective administration of chapter 455B or 455C.

b.  Hear appeals in contested cases pursuant to chapter 17A on matters relating to actions taken by the director under chapter 455C, 458A, 464B, or 473.

c.  Approve or disapprove the issuance of hazardous waste disposal site licenses under chapter 455B.

d.  Approve the budget request prepared by the director for the programs authorized by chapters 455B, 455C, 455E, and 455F. The commission shall approve the budget request prepared by the director for programs administered by the energy and geological resources division, the administrative services division, and the office of the director, as provided in section 455A.7. The commission may increase, decrease, or strike any item within the department budget request for the specified programs before granting approval.

Section History: Recent form

  86 Acts, ch 1245, § 1806; 87 Acts, ch 115, § 59; 89 Acts, ch 72, § 2; 89 Acts, ch 296, § 69; 90 Acts, ch 1108, § 3; 91 Acts, ch 268, § 231; 92 Acts, ch 1239, § 43

Internal References

  Referred to in § 307.21, 455A.1, 455B.101, 455B.103, 455B.516, 455E.2, 455H.103


  Confirmation, see § 2.32

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