Section 644.021

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS

Chapter 644

Effective - 14 Oct 2016, 3 histories, see footnote   

  *644.021.  Commission created, members, qualifications, term — meetings. — 1.  There is hereby created a water contaminant control agency to be known as the "Clean Water Commission of the State of Missouri", whose domicile for the purposes of sections 644.006 to 644.141 shall be deemed to be that of the department of natural resources.  The commission shall consist of seven members appointed by the governor with the advice and consent of the senate.  No more than four of the members shall belong to the same political party.  All members shall be representative of the general interest of the public and shall have an interest in and knowledge of conservation and the effects and control of water contaminants.  At least two members shall be knowledgeable concerning the needs of agriculture, industry or mining and interested in protecting these needs in a manner consistent with the purposes of sections 644.006 to 644.141.  One member shall be knowledgeable concerning the needs of publicly owned wastewater treatment works.  No more than four members shall represent the public.  No member shall receive, or have received during the previous two years, a significant portion of his or her income directly or indirectly from permit holders or applicants for a permit pursuant to any federal water pollution control act as amended and as applicable to this state.  All members appointed on or after August 28, 2002, shall have demonstrated an interest and knowledge about water quality.  All members appointed on or after August 28, 2002, shall be qualified by interest, education, training or experience to provide, assess and evaluate scientific and technical information concerning water quality, financial requirements and the effects of the promulgation of standards, rules and regulations.  At the first meeting of the commission and at yearly intervals thereafter, the members shall select from among themselves a chairman and a vice chairman.  

  2.  The members' terms of office shall be four years and until their successors are selected and qualified.  Provided, however, that the first three members appointed shall serve a term of two years, the next three members appointed shall serve a term of four years, thereafter all members appointed shall serve a term of four years.  There is no limitation on the number of terms any appointed member may serve.  If a vacancy occurs the governor may appoint a member for the remaining portion of the unexpired term created by the vacancy.  The governor may remove any appointed member for cause.  The members of the commission shall be reimbursed for travel and other expenses actually and necessarily incurred in the performance of their duties.

  3.  The commission shall hold at least four regular meetings each year and such additional meetings as the chairman deems desirable at a place and time to be fixed by the chairman.  Special meetings may be called by three members of the commission upon delivery of written notice to each member of the commission.  Reasonable written notice of all meetings shall be given by the director to all members of the commission.  Four members of the commission shall constitute a quorum.  All powers and duties conferred specifically upon members of the commission shall be exercised personally by the members and not by alternates or representatives.  All actions of the commission shall be taken at meetings open to the public.  Any member absent from six consecutive regular commission meetings for any cause whatsoever shall be deemed to have resigned and the vacancy shall be filled immediately in accordance with subsection 1 of this section.

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(L. 1972 S.B. 424, A.L. 1973 S.B. 259, S.B. 321, A.L. 2000 S.B. 741, A.L. 2002 S.B. 708, A.L. 2007 S.B. 420, A.L. 2016 H.B. 1713)

*Effective 10-14-16, see § 21.250.  H.B. 1713 was vetoed June 28, 2016.  The veto was overridden on September 14, 2016.  

CROSS REFERENCE:

Commissioner's appointment prohibited if the commissioner has received income from permit holders or applicants for permit under jurisdiction of clean water commission within two years, 640.010

(2020)  Statutory amendment in 2016 bill changing the criteria of members of the clean water commission did not violate the state constitution's original purpose, single subject, or clear title requirements.  Trenton Farms RE, LLC v. Hickory Neighbors United, Inc., 603 S.W.3d 286 (Mo.banc).