§ 35A-8-304 — Permanent Community Impact Fund Board created -- Members -- Terms -- Chair -- Expenses.

(1) There is created within the department the Permanent Community Impact Fund Board composed of 11 members as follows:
(1)(a) the state treasurer or the state treasurer's designee;
(1)(b) the chair of the Transportation Commission or the chair's designee;
(1)(c) the executive director of the Governor's Office of Planning and Budget or the executive director's designee;
(1)(d) a locally elected official who resides in Carbon, Emery, Grand, or San Juan County;
(1)(e) a locally elected official who resides in Juab, Millard, Sanpete, Sevier, Piute, or Wayne County;
(1)(f) a locally elected official who resides in Duchesne, Daggett, or Uintah County;
(1)(g) a locally elected official who resides in Beaver, Iron, Washington, Garfield, or Kane County;
(1)(h) a locally elected official from the county that:
(1)(h)(i) produced the most mineral lease money related to oil extraction during the four-year period immediately preceding the term of appointment, as determined by the department at the end of each term; and
(1)(h)(ii) does not already have a representative on the impact board;
(1)(i) a locally elected official from the county that:
(1)(i)(i) produced the most mineral lease money related to natural gas extraction during the four-year period immediately preceding the term of appointment, as determined by the department at the end of each term; and
(1)(i)(ii) does not already have a representative on the impact board;
(1)(j) a locally elected official from the county that:
(1)(j)(i) produced the most mineral lease money related to coal extraction during the four-year period immediately preceding the term of appointment, as determined by the department at the end of each term; and
(1)(j)(ii) does not already have a representative on the impact board; and
(1)(k) an individual who resides in a county of the third, fourth, fifth, or sixth class, appointed by the governor with the advice and consent of the Senate in accordance with Title 63G, Chapter 24, Part 2, Vacancies.
(2) (2)(a) The members specified under Subsections (1)(d) through (j) may not reside in the same county and shall be:
(2)(a)(i) nominated by the Board of Directors of the Southeastern Association of Local Governments, the Six County Association of Governments, the Uintah Basin Association of Governments, and the Five County Association of Governments, respectively, except that the members specified under Subsections (1)(h) through (j) shall be nominated by the Board of Directors of the Association of Governments from the region of the state in which the county is located; and
(2)(a)(ii) appointed by the governor with the advice and consent of the Senate in accordance with Title 63G, Chapter 24, Part 2, Vacancies.
(2)(b) Except as required by Subsection (2)(c), as terms of current board members expire, the governor shall appoint each new member or reappointed member to a four-year term.
(2)(c) Notwithstanding the requirements of Subsection (2)(b), the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of board members are staggered so that approximately half of the board is appointed every two years.
(2)(d) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term.
(3) When the governor makes a new appointment or reappointment under Subsection (2)(b), or a vacancy appointment under Subsection (2)(d), the governor's new appointment, reappointment, or vacancy appointment shall be made with the advice and consent of the Senate in accordance with Title 63G, Chapter 24, Part 2, Vacancies.
(4) The terms of office for the members specified under Subsections (1)(a) through (c) shall run concurrently with the term of office for the commission, department, or office from which each member comes.
(5) (5)(a) The member specified under Subsection (1)(k) is the chair of the impact board.
(5)(b) The chair of the impact board is responsible for the call and conduct of meetings.
(6) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:
(6)(a) Section 63A-3-106;
(6)(b) Section 63A-3-107; and
(6)(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
(7) A member described in Subsections (1)(d) through (k) shall comply with the conflict of interest provisions described in Title 63G, Chapter 24, Part 3, Conflicts of Interest.
(8) (8)(a) A majority of the members of the impact board constitutes a quorum.
(8)(b) Action by a majority vote of a quorum of the impact board constitutes action by the impact board.
(9) The department shall provide staff support to the impact board.

Legislative History

Amended by Chapter 529, 2024 General Session