Okla. Stat. tit. 27A, § 27A-2-2-101

- Composition - Terms - Meetings - Powers and duties - Promulgation

of rules.

A. There is hereby created the Environmental Quality Board to

represent the interests of the State of Oklahoma which shall consist

of thirteen (13) members appointed by the Governor with the advice

and consent of the Senate.

B. To be eligible for appointment to the Board a person shall:

1. Be a citizen of the United States;

2. Be a resident of this state;

3. Be a qualified elector of this state; and

4. Not have been convicted of a felony pursuant to the laws of

this state, the laws of any other state or the laws of the United

States.

C. The Board shall be composed of:

1. One member who shall be a certified or registered

environmental professional. Such member shall be an environmental

professional experienced in matters of pollution control, who shall

not be an employee of any unit of government;

2. One member who shall be selected from industry in general.

Such member shall be employed as a manufacturing executive carrying

on a manufacturing business within the state;

3. One member who shall be selected from the hazardous waste

industry within the state;

4. One member who shall be selected from the solid waste

industry within this state;

5. One member who shall be well versed in recreational,

irrigational, municipal or residential water usage;

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 59

6. One member who shall be selected from the petroleum

industries being regulated by the Department of Environmental

Quality;

7. One member who shall be selected from the agriculture

industries regulated by the Department of Environmental Quality;

8. One member who shall be selected from the conservation

districts of the state;

9. Three members who shall be citizen members of any statewide

nonprofit environmental organization;

10. One member who shall be a member of the local governing

body of a city or town; and

11. One member who shall be from a rural water district

organized pursuant to the laws of this state.

D. The term of office of a member of the Board shall be for

five (5) years and until a successor is appointed and qualified.

E. 1. An appointment shall be made by the Governor within

ninety (90) days after a vacancy has occurred due to resignation,

death, or any cause resulting in an unexpired term. In the event of

a vacancy on the Board due to resignation, death, or for any cause

resulting in an unexpired term, if not filled within ninety (90)

days following such vacancy, the Board may appoint a provisional

member to serve in the interim until the Governor acts.

2. A member may be reappointed.

3. In making appointments to the Environmental Quality Board,

the Governor shall recognize the geographic diversity of the state

and endeavor to appoint members representing each quadrant of the

state.

F. 1. The Board shall hold meetings as necessary at a place

and time to be fixed by the Board. The Board shall select, at its

first meeting, one of its members to serve as chair and another of

its members to serve as vice-chair. At the first meeting in each

calendar year thereafter, the chair and vice-chair for the ensuing

year shall be elected. Special meetings may be called by the chair

or by five members of the Board by delivery of written notice to

each member of the Board. A majority of the Board present at the

meeting shall constitute a quorum of the Board.

2. Members of the Board shall receive necessary travel expenses

according to the provisions of the State Travel Reimbursement Act.

G. The Board shall:

1. Appoint and fix the compensation of the Executive Director

of the Department of Environmental Quality;

2. Be the rulemaking body for the Department of Environmental

Quality;

3. Review and approve the budget request of the Department to

the Governor;

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visions of the State Travel Reimbursement Act.

G. The Board shall:

1. Appoint and fix the compensation of the Executive Director

of the Department of Environmental Quality;

2. Be the rulemaking body for the Department of Environmental

Quality;

3. Review and approve the budget request of the Department to

the Governor;

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 60

4. Assist the Department in conducting periodic reviews and

planning activities related to the goals, objectives, priorities and

policies of the Department;

5. In conjunction with each regular meeting of the Board

pursuant to subsection F and at such other times as the Board may

determine to be necessary and appropriate, provide a public forum

for receiving comments and disseminating information to the public

and the regulated community regarding goals, objectives, priorities,

and policies of the Department. The Board shall have the authority

to adopt nonbinding resolutions requesting action by the Department

in response to comments received or upon the Board's own initiative;

and

6. Review and evaluate the need for amendments or additions to

the Oklahoma Statutes regarding the programs and functions of the

Department and make legislative recommendations to the Legislature.

H. As the rulemaking body for the Department of Environmental

Quality, the Board is specifically charged with the duty of

promulgating rules which will implement the duties and

responsibilities of the Department pursuant to this Code. Except as

provided in this subsection, rules within the jurisdiction of a

Council provided for by this act shall be promulgated with the

advice of such Council. Proposed permanent rules within the

jurisdiction of a Council shall not be considered by the Board for

promulgation until receipt of the appropriate Council's

recommendation on such promulgation; however, the Board may

promulgate emergency rules without the advice of the appropriate

Council when the time constraints of the emergency, as determined by

the Board, do not permit the timely development of recommendations

by the Council. All actions of the Councils with regard to

rulemaking shall be deemed actions of the Board for the purposes of

complying with the Administrative Procedures Act.