§ 19-0315. Small business stationary source compliance advisory panel.

1. There is hereby established a small business stationary source
compliance advisory panel which shall have the responsibility to:

a. provide guidance to the department on the development of the small
business stationary source technical and environmental compliance
assistance program;

b. render advisory opinions concerning the effectiveness of the small
business stationary source technical and environmental compliance
assistance program, including the adequacy of funding available to the
program, difficulties encountered, and degree and severity of
enforcement;

c. make periodic reports to the commissioner and the administrator of
the United States environmental protection agency concerning the
compliance of the small business stationary source technical and
environmental compliance assistance program with the requirements of the
federal paperwork reduction act, 42 U.S.C. § 3501 et seq.; the
regulatory flexibility act, 42 U.S.C. § 601 et seq.; and the equal
access to justice act, 5 U.S.C. § 504;

d. review information for small business stationary sources to assure
that such information is understandable by the layperson;

e. review and advise the department on the development of rules and
regulations, the state implementation plan as it affects small business
stationary sources, and other programs affecting small business
stationary sources implemented by the department pursuant to the Act;
and

f. make recommendations for the development of programs to further
assist small business stationary sources, including technical and
financial assistance programs.

2. The small business stationary source compliance advisory panel
shall consist of nine members who shall be appointed no later than
November fifteenth, nineteen hundred ninety-three. The panel shall
consist of:

a. two persons, who are not owners or representatives of owners of
small business stationary sources, selected by the governor to represent
the general public;

b. six persons who are owners or who represent owners of small
business stationary sources, two selected by the president pro tem of
the senate, two selected by the speaker of the assembly, one selected by
the minority leader of the senate and one selected by the minority
leader of the assembly; and

c. one person selected by the commissioner to represent the
department.

3. The panel shall meet at least quarterly and shall designate one of
its members, other than the commissioner's representative, to serve as
chairperson. Members of the panel shall serve for terms of three years
from the date of their appointment, except that the members appointed by
the commissioner shall serve at the pleasure of the commissioner.
Members shall serve without compensation, except that they shall be
allowed their actual and necessary expenses incurred in the performance
of their duties pursuant to this section.

4. The department or its designee shall serve as the secretariat for
the panel for development and dissemination of reports and advisory
opinions.