Tennessee § 68-217-104 - Creation of program — Advisory committee.

§ 68-217-104. Creation of program — Advisory committee.

The drycleaner environmental response program is created within the department, in the division of remediation. From time to time the commissioner may appoint a drycleaners advisory committee that shall advise the commissioner on matters related to the drycleaner environmental response program, including, but not limited to, proposed rules and changes to fees. The commissioner may determine the identity and number of committee members and the term during which the committee will operate. When appointing members the commissioner shall consider the nature of the issues that are relevant to the charge given to the committee. The commissioner shall appoint persons from affected interests, which may include large and small drycleaners, facilities that use or have used dense non-aqueous solvent, facilities that use or have only used light non-aqueous solvent, property owners where drycleaners are located, and environmental interests. No member of the committee is entitled to a salary for duties performed as a member of the committee and no member of the committee is entitled to reimbursement for travel or other expenses incurred in the performance of the member's official duties. Acts 1995, ch. 541, § 4; 1996, ch. 860, § 3; 2014, ch. 976, § 2. Compiler's Notes. The drycleaner environmental response board, created by this section, terminated June 30, 2013, and is in its wind-up period pursuant to the provisions of § 4-29-112 . Wind-up is scheduled to be complete on June 30, 2014. See §§ 4-29-104 , 4-29-112 . Acts 2014, ch. 976, § 14 provided that all rules, regulations, orders and decisions heretofore issued or promulgated by the drycleaner environmental response board, together with any matters of the board that are pending on May 22, 2014, shall hereafter be administered, enforced, modified or rescinded by the commissioner of environment and conservation. Amendments. The 2014 amendment rewrote the section which read: “(a) The drycleaner environmental response program is created within the department, in the division of superfund.“(b)(1) The drycleaner environmental response board is hereby created. The board shall be administratively attached to the department.“(2) The board shall be composed of the commissioner or the commissioner's designee and one (1) representative of each of the following, appointed by the governor:“(A) Drycleaning operations that employ no more than ten (10) full-time equivalent employees;“(B) Drycleaning operations that employ eleven (11) or more full-time equivalent employees;“(C) Wholesale distributors of drycleaning solvents with at least one (1) operating in-state wholesale distribution facility;“(D) Environmental interests;“(E) Environmental engineering or scientific community; and“(F) An impacted third party representative who is not an operator of a drycleaning facility.“(3)(A) The initial appointments by the governor shall be staggered as follows:“(i) Three (3) members shall be appointed for a term of three (3) years;“(ii) One (1) member shall be appointed for a term of four (4) years;“(iii) One (1) member shall be appointed for a term of five (5) years; and“(iv) One (1) member shall be appointed for a term of six (6) years.“(B) Thereafter, all members shall serve three-year terms.“(4) Each member of the board who is not a state employee is entitled to receive travel expenses in accordance with the state comprehensive travel regulations promulgated by the department of finance and administration and approved by the attorney general and reporter.“(5) If an appointed member of the board is not able to serve the member's full term, the governor shall appoint an individual to serve for the remainder of the unexpired term.“(6) The board shall, at its first meeting of each year, elect from among its members a chair and other officers necessary to transact business.“(7) The board must have a quorum to transact business. Four (4) members constitute a quorum. The board shall meet upon the request of the chair or the written request of three (3) of the board members. A meeting must be held within fourteen (14) days after a request is made.” Effective Dates. Acts 2014, ch. 976, § 15. May 22, 2014. Attorney General Opinions. Promulgation of rules establishing drycleaner environmental response program, OAG 97-022 (3/5/97).