Colorado § 25-7-104 Air quality control commission created

Colorado Statutes

§ 25-7-104 — Air quality control commission created

Colorado § 25-7-104

Title 25Public

Art.Air Quality Control

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Bluebook

Colo. Rev. Stat. § 25-7-104 (2026).

Text

(1)There is created in the department of public health and environment the air quality control commission, which consists of nine citizens of this state appointed by the governor with the consent of the senate. The air quality control commission is a type 1 entity, as defined in section 24-1-105.

(2)Appointments to the commission shall be made so as to include persons with appropriate scientific, technical, industrial, labor, agricultural, and legal training or with experience on the commission; although no specific number of its members shall be required to be so trained or experienced, three members shall have appropriate private sector, technical, or industrial employment experience. No more than five commissioners shall be members of one political party.

(3)Terms of membe

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(1) There is created in
the department of public health and environment the air quality control
commission, which consists of nine citizens of this state appointed by the governor
with the consent of the senate. The air quality control commission is a type 1 entity,
as defined in section 24-1-105.

(2) Appointments to the commission shall be made so as to include persons
with appropriate scientific, technical, industrial, labor, agricultural, and legal
training or with experience on the commission; although no specific number of its
members shall be required to be so trained or experienced, three members shall
have appropriate private sector, technical, or industrial employment experience. No
more than five commissioners shall be members of one political party.

(3) Terms of members shall be for three years, and said terms shall
commence on February 1 of the year of appointment. Any vacancy occurring during
the term of office of any member shall be filled by appointment by the governor of
a qualified person for the unexpired portion of the regular term.

(4) The governor may remove any member of the commission for
malfeasance in office, failure to regularly attend meetings, or any cause that
renders such a member incapable or unfit to discharge the duties of his office, and
any such removal, when made, shall not be subject to review. If any member of the
commission is absent from two consecutive meetings, the chairman of the
commission shall determine whether the cause of such absences was reasonable. If
he determines that the cause of the absences was unreasonable, he shall so notify
the governor, who shall appoint a qualified person for the unexpired portion of the
regular term.

(5) Each member of the commission not otherwise in full-time employment
of the state shall receive a per diem of forty dollars for each day actually and
necessarily spent in the discharge of official duties, but not to exceed twelve
hundred eighty-four dollars in any one year; and all members shall receive traveling
and other necessary expenses actually incurred in the performance of official
duties.

(6) Each year the commission shall select from its own membership a
chairman, vice-chairman, and secretary. The secretary of the commission shall keep
a record of its proceedings. The commission shall hold regular public monthly
meetings and may hold special meetings on the call of the chairman or vice-chairman at such other times as deemed necessary. Written notice of the time and
place of all meetings shall be mailed by the secretary at least five days in advance
of any such meetings to each member.

(7) All members shall have a vote. Two-thirds of the commission shall
constitute a quorum, and the concurrence of a majority of the commission in any
matter within its powers and duties shall be required for any determination made by
the commission.

(8) The commission shall have at least a majority of members who represent
the public interest and do not derive a significant portion of their income from
persons subject to permits or enforcement orders under this article or under the
federal act. The members of the commission shall disclose any potential conflicts
of interest to the governor and the committee of reference of the general assembly
prior to confirmation and shall disclose any potential conflicts of interest which
arise during their terms of membership to the governor and to the other commission
members in a public meeting of the commission.

(9) (Deleted by amendment, L. 92, p. 1169, � 6, effective July 1, 1992.)

Legislative History

Source: L. 79: Entire article R&RE, p. 1020, � 1, effective June 20. L. 84: (2) amended, p. 768, � 2, effective July 1. L. 92: (7) and (9) amended, p. 1169, � 6, effective July 1. L. 94: (1) amended, p. 2780, � 495, effective July 1. L. 2005: (2) amended, p. 282, � 17, effective August 8. L. 2022: (1) amended, (SB 22-162), ch. 469, p. 3368, � 49, effective August 10.