An Act
ENROLLED HOUSE
BILL NO. 2930 By: West (Rick) of the House
and
Simpson of the Senate
An Act relating to agriculture; amending 2 O.S. 2011,
Sections 5-3.2, as last amended by Section 1, Chapter
123, O.S.L. 2015 and 5 -3.4, as amended by Section 3 ,
Chapter 123, O.S.L. 2015 (2 O.S. Supp. 20 20, Sections
5-3.2 and 5-3.4), which relate to the Oklahoma
Agriculture Enhancement and Diversification Program;
modifying categories within the Program; eliminating
authority to allocate certain funds on a matchi ng
basis; modifying preference for grant recipients;
prohibiting consideration of certain applications;
specifying certain materials shall be subject to the
Oklahoma Open Records Act; eliminating authority to
hold certain executive sessions; providing certain
exemptions; and providing an effective date.
SUBJECT: Agriculture
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 2 O.S. 2011, Section 5 -3.2, as
last amended by Section 1, Chapter 123, O.S.L. 2 015 (2 O.S. Supp.
2020, Section 5-3.2), is amended to read as follows:
Section 5-3.2 A. The State Board of Agriculture is hereby
authorized to establish and administer the Oklahoma Agriculture
Enhancement and Diversification Program.
B. The purpose of the Oklahoma Agriculture Enhancement and
Diversification Program is to promote and encourage the interests of
agriculture through the allocation of funds, by grant or loan, to
individuals, cooperatives and other agricultural entities to :
ENR. H. B. NO. 2930 Page 2
1. Develop new or expanded uses of agricultural products;
2. Develop new or expanded benefits of agricultural events;
3. Increase agricultural productivity;
4. Provide added value to agricultural products or events;
5. Benefit the agricultural producer; and
6. Benefit the agricultural interests of Oklahoma this state.
C. The Program shall consist of the following categories:
1. Cooperative marketing Value-added agriculture grants and
loans for entities or individuals intending to work together to
develop or establish production, processing or marketing of
agricultural products. The purpose of this category is to provide
funding for promoting productivity, providing added value to
agricultural products, stimulating and fostering agricultural
diversification and encouraging processing innovations;
2. Marketing and utilization grants and loans to assist in the
development or implementation of sound domestic or foreign marketing
plans for Oklahoma agricultural products, by -products, or new and
better uses for existing agricultural products through the financing
of marketing feasibility studies, business plans, and test
marketing;
3. Farm diversification grants or loans for projects dealing
with the diversification of family farms or ranches to
nontraditional crops, livestock, agritourism, or on-farm, value-
added processing of agricultural commodities;
4. Basic and applied 3. Product development and research
grants and loans for agricultural business creation or expansion, or
research which will likely lead t o a marketable agricultural product
through the focusing of research efforts on uses and processing of
Oklahoma agricultural products and by -products, including but not
limited to:
a. focused research which enhances the value of an
agricultural product or by-product,
b. feasibility studies, and ENR. H. B. NO. 2930 Page 3
c. product development and test-marketing costs, and
d. projects that are driven by an entrepreneur or the
industry; and;
5. 4. Agricultural event or events that benefit and further the
public interest in agric ulture; and
5. Veteran or young farmer grants or loans for veterans and
young farmers that are engaged or will be engaged in expansion or
creation of events that benefit and further the public interest in
agriculture an agricultural business .
D. The State Board of Agriculture shall promulgate rules
governing the Oklahoma Agriculture Enhancement and Diversification
Program.
SECTION 2. AMENDATORY 2 O.S. 2011, Section 5 -3.4, as
amended by Section 3, Chapter 123, O.S.L. 2015 (2 O .S. Supp. 2020,
Section 5-3.4), is amended to read as follows:
Section 5-3.4 A. The Oklahoma Department of Agriculture, Food,
and Forestry shall require eligible applicants to submit
information, forms and reports as are necessary to properly and
efficiently administer the Oklahoma Agriculture Enhancement and
Diversification Program.
B. Persons may apply to the Department for grant or loan funds
in accordance with rules promulgated by the State Board of
Agriculture. Applications for grant or loan fund s shall be approved
or denied by the Department in accordance with criteria promulgated
by the State Board of Agriculture pursuant to the Oklahoma
Agriculture Enhancement and Diversification Program.
C. The State Board of Agriculture may also allocate mo nies from
the fund to eligible applicants on a matching basis.
D. Grant or loan funds may be made available to eligible
applicants pursuant to evaluation by the Department based on the
following criteria:
1. Preference may be given to the applicants wh ose:
ENR. H. B. NO. 2930 Page 4
a. industrial and nonfood production processes utilize
agricultural products,
b. food, feed and fiber products and uses are innovative
and add to the value of agricultural products,
c. applications demonstrate a high probability of job
creation and return-on-investment,
d. proposals feature research that is innovative as well
as commercially plausible,
e. proposals demonstrate a high probability of rapid
commercialization,
f. projects demonstrate a shared commitment for funding
from other private or public sources or from the
applicant,
g. proposals center efforts on nonurban locales,
h. principals are individuals, a group of individuals, an
individual on behalf of a group, or corporations which
meet the criteria set forth in Section 951 of Titl e 18
of the Oklahoma Statutes, to market a product or
formulate or implement a marketing plan for
agricultural products which have not been marketed
through existing marketing cooperatives produced or
processed in Oklahoma ,
i. proposals contain the potential to create additional
income for the farm unit,
j. proposals provide for new and innovative plans for
marketing the product , and
k. proposals for agricultural events that expose new
audiences to agriculture or benefit the entire state
or a large geographic region of the state ; and
2. Consideration shall not be given to applications for:
a. research or marketing plans which do not clearly meet
the stated objectives of the Oklahoma Agriculture
Enhancement and Diversification Act, ENR. H. B. NO. 2930 Page 5
b. proposals which are aimed solely at business expansion
or creation without regard to agricultural products
utilization,
c. research or marketing plans that cannot reasonably be
expected to result in a viable commercial application,
or that are or have been duplicated by other research
efforts, or
d. proposals for agricultural events that do not result
in expansion of the event or encourage additional
public interest in the event , or
e. proposals for growing or any other aspect of medical
marijuana.
E. D. 1. Any information submitted to or compiled by the
Department with respect to the marketing plans, financial
statements, trade secrets, research concepts, methods or products,
or any other proprietary information of persons, firms,
associations, partnerships, agencie s, corporations, institutions of
higher education, nonprofit research institutions or other entities
pursuant to the Oklahoma Agriculture Enhancement and Diversification
Program shall not be disclosed pursuant to the Oklahoma Open Records
Act or in public hearings and shall be kept confidential, except to
the extent that the person or entity which provided such information
or which is the subject of such information consents to disclosure.
2. Executive sessions may be held to discuss such materials i f
deemed necessary by the Board In the event that an independent group
of reviewers is used to analyze and recommend projects for approval
by the Board, any meeting of such group shall be exempt from the
Oklahoma Open Meeting Act.
SECTION 3. This act shall become effective November 1, 202 1.
ENR. H. B. NO. 2930 Page 6
Passed the House of Representatives the 10th day of March, 2021.
Presiding Officer of the House
of Representatives
Passed the Senate the 20th day of April, 2021.
Presiding Officer of the Sen ate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma thi s _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________