17.8.150    DEFINITIONS

For purposes of this subchapter, the following terms have the following meanings:

(1) "Board" means the Board of Environmental Review provided for in 2-15-3502, MCA.

(2) "Potential conflict of interest" means:

(a) any income from a regulated person; or

(b) any interest or relationship that would preclude the individual having the interest or relationship from being considered one who represents the public interest.

(3) "Regulated person" means:

(a) a person, other than a department or agency of a state, local, or regional government, who is subject to a permit or an enforcement order that implements the federal Clean Air Act; or

(b) any trade or business association of which a person described in (3)(a) is a member.

(4) "Represent the public interest" means that the person does not:

(a) own a controlling interest in or have five percent or more of his or her capital invested in a regulated person;

(b) serve as attorney for, act as consultant for, or serve as an officer or director of a regulated person; or

(c) hold any other official or contractual relationship with a regulated person.

(5) "Significant portion of income" means ten percent or more of gross personal income for a calendar year, including retirement benefits, consultant fees, and stock dividends, except that it shall mean 50 percent or more of gross personal income for a calendar year if the recipient is over 60 years of age and is receiving such portion pursuant to retirement, pension, or similar arrangement. For purposes of this section, income derived from mutual-fund payments, or from other diversified investments as to which the recipient does not know the identity of the primary sources of income, shall be considered part of the recipient's gross personal income but shall not be treated as income derived from persons subject to permits or enforcement orders under the Clean Air Act.

History: 75-2-111, MCA; IMP, 75-2-111, MCA; NEW, 2015 MAR p. 1903, Eff. 10/30/15.