(1) (a) (I) There is created in the department of public health and environment a water quality control commission, which is a type 1 entity, as defined in section 24-1-105, and which exercises its powers and performs its duties and functions under the department of public health and environment. (II) The commission consists of nine citizens of the state appointed by the governor, with the consent of the senate, for terms of three years; except that the terms must be staggered so that no more than five members' terms expire in the same year. Members of the commission must be appointed so as to achieve geographical representation and to reflect the various interests in water in the state. At least two members must reside in that portion of the state that is west of the continental divide. No more than five members of the commission may be affiliated with the same political party. (III) At least one member of the commission must have agricultural experience, preferably a member with agricultural experience who is also regulated by the division. At least three other members of the commission must be from the community regulated by the division, employed by an entity that is subject to fees set pursuant to this article 8, and, to the extent practicable, employed by an entity that is subject to a different type of fee pursuant to this article 8 than the type of fee that the employers of the other two members are subject. (IV) A member of the commission must have experience or training in one or more of the following areas: (A) Science; (B) Engineering; (C) Technology; (D) Industry; (E) Construction; (F) Labor; (G) Agriculture; (H) Environmental law; (I) Environmental policy; (J) Environmental justice; (K) Municipal water treatment; (L) Municipal wastewater treatment; (M) Municipal government; or (N) County government. (b) Repealed. (c) Whenever a vacancy exists, the governor shall appoint a member for the remaining portion of the unexpired term created by the vacancy, subject to confirmation by the senate. (2) (a) The governor may remove any appointed member of the commission for malfeasance in office, failure to regularly attend meetings, or for any cause that renders such a member incapable or unfit to discharge the duties of his office. (b) 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 may remove such member and appoint a qualified person for the unexpired portion of the regular term, subject to confirmation by the senate. (3) Each member of the commission not otherwise in full-time employment of the state shall receive a per diem which shall be the same amount paid to the general assembly for attendance at interim committees for each day actually and necessarily spent in the discharge of official duties, not to exceed twelve hundred dollars in any one year; and each member shall receive traveling and other necessary expenses actually incurred in the performance of his official duties as a member of the commission. (4) The commission shall select from its own membership a chairman, a vice-chairman, and a secretary. The commission shall keep a record of its proceedings. (5) The commission shall hold regular public 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 each meeting shall be mailed to each member at least five days in advance. (6) All members shall have a vote. Two-thirds of the commission shall constitute a quorum, and the concurrence of a majority of the quorum in any matter within its powers and duties shall be required for any determination made by the commission.
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