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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 4403 By: Pittman
COMMITTEE SUBSTITUTE
An Act relating to agriculture; creating the Oklahoma
Urban and Community Forestry Act; defining terms;
providing purpose; providing the Oklahoma Department
of Agriculture, Food , and Forestry may establish and
maintain an urban and community forestry program;
providing that the Department may assist cities,
counties, and federally recognized tribes in
establishing and maintaining urban and community
forestry programs; providing that the Department may
advise and encourage different entiti es in the
development and coordination of policies, programs
and activities for the pr omotion of urban and
community forestry; providing that the Department may
appoint a committee or council to advise in
establishing and carrying out an urban and communit y
forestry program; providing that the Department may
assist municipal and county tree maintenance
programs; providing for private property owners to
opt out of urban and community forestry programs;
providing the Department guidelines for receiving and
disbursing federal funds and other gifts, grants,
bequests, endowments and donation s; providing the
Department may charge fees for attendance of
workshops, conferences and other publications or
materials; providing that the Department may enter
into agreements and contract with cities, counties,
tribes, and other entities; providing Department
guidelines for entering into agreements with
nonprofit organizations ; providing that the
Department shall encourage urban planting and care,
through various program s; requiring the Department to
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conduct an analyses of the needs and opportunities
related to urban forestry in the state by assessing
tree canopy cover and urban forestry inventory data;
requiring the Department to identify priority regions
for the implementation of urban forestry programs;
providing that the Department may consult with
external experts; requiring the Department to consult
with appropriate tribes in watershed s where urban
forestry work is occurring; requiring the Department
to identify areas where urban forestry will generate
the greatest confluence of benefits in relation to
canopy needs and health disparities; requiring a
certain percentage of resources are used to benefit
vulnerable populations and or for highly impacted
communities; providing that the Department shall
conduct a statewide in ventory of urban and community
forests; requiring the Department to provide certain
assistances for the promotion of urban and community
forestry; providing that the Department may use
existing urban and community forestry inventory too ls
or develop new tools to collect urban and community
forest tree data; providing that the Department shall
strive to enable cities urban forest managers to
access carbon markets; providing guidance to
communities developing urban forestry management
plans; providing guidanc e for communities developing
urban forestry ordinances; providing that the
Department may consult with the Oklahoma Department
of Commerce for certain issues; providing that the
Department may use existing or develop additional
tools to facilitate urban fo restry programs;
requiring the Department to encourage communities to
include participation and input by vulnerable
populations; providing requirements for delivery of
resources; requiring the Department to manage the
application and evaluation of candidat es for
evergreen community designat ion; requiring the
Department to develop the criteria for evergreen
community designation program; providing requirements
for designation of evergreen community; requiring the
Department to develop signage and logos for a n
evergreen community; providing th at the Department
can consult with the Oklahoma Department of Commerce
in implementing evergreen communities; providing for
codification; and providing an effective date.
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BE IT ENACTED BY THE PEOPLE OF THE STATE OF OK LAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3031 of Title 2, unless there is
created a duplication in numbering, reads as follows:
This act shall be known an d may be cited as the "Oklahoma Urban
and Community Forestry Act".
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3032 of Title 2, unless there is
created a duplication in numbering, reads as follows :
As used in this act:
1. "Department" means the Oklahoma Department of Agriculture,
Food, and Forestry;
2. "Evergreen community" means a city, county, or area of
tribal land that has developed an excellent urban forest management
program;
3. "Highly impacted community" means a community designated by
the State Department of Health based on cumulative impact analyses
or a community located in census tracts that are fully or partially
on "Indian country" as defined in 18 U.S.C. , Section 1151;
4. "Management plan" means an urban forest management pla n
developed pursuant to this act;
5. "Tree canopy" means the layer of leaves, branches, and stems
of trees that cover the ground when viewed from above and that can
be measured as a percentage of a land are a shaded by trees;
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6. "Tribes" means any federal ly recognized Indian tribes whose
traditional lands and territories include parts of the state ;
7. "Urban and community forest" or "urban forest" is that land
in and around human settlements ranging from sm all communities to
metropolitan areas, occupied o r potentially occupied by trees and
associated vegetation. Urban and community forestland may be
planted or unplanted, used or unused, and includes public and
private lands, lands along transportation and ut ility corridors, and
forested watershed lands wi thin populated areas;
8. "Urban and community forest assessment" or "urban forest
assessment" means an analysis of the urban and community forest
inventory to:
a. establish the scope and scale of forest -related
benefits and services,
b. determine the economic valuation of such benefits,
highlight trends, and issues of concern ,
c. identify high priority areas to be addressed ,
d. outline strategies for addressing the critical issues
and urban landscapes , and
e. identify opportunities for retaining trees, e xpanding
forest canopy, and planting additional trees to
sustain Oklahoma's urban and community forests ;
9. "Urban and community forest inventory" or "urban forest
inventory" means a management tool designed to gauge t he condition,
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management status, heal th, and diversity of an urban and community
forest. An inventory may evaluate individual trees or groups of
trees or canopy cover within urban and community forests, and will
be periodically updated by the Department.
10. "Urban and community forestry" o r "urban forestry" mean s
the planning, establishment, protection, care, and management of
trees and associated plants individually, in small groups, or under
more naturally forested conditions within cities, counties, a nd
tribal lands;
11. "Urban and comm unity forestry ordinanc e" or "urban forestry
ordinance" is an ordinance developed by a city, county, or tribe
that promotes urban forestry management and care of trees ; and
12. "Vulnerable populations" means communitie s that experience
a disproportionate cumulative risk from en vironmental burdens due
to:
a. adverse socioeconomic factors, including unemployment,
high housing and transportation costs relative to
income, access to food and health care, and linguistic
isolation, and
b. sensitivity factors, suc h as low birth weight a nd
higher rates of hospitalization.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3033 of Title 2, unless there is
created a duplication in numbering, reads as foll ows:
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The purpose of this act is to:
1. Encourage planning for, planting, maintaining, and managing
of trees in the state's cities, counties, and tribal lands and
maximize the potential of tree and vegetative cover in i mproving the
quality of the environme nt;
2. Encourage the coordination of activities by state and local
agencies and federally recognized tribes, and maximize resident
participation in the development and implementation of urban and
community forestry-related programs, including through capa city
building to facilitate participation from new partners;
3. Foster healthy economic activity for the state's urban and
community forestry-related businesses through cooperative and
supportive contracts w ith the private business sector;
4. Facilitate the creation of employm ent opportunities related
to urban and community forestry activities, including opportunities
for youth, especially in urban areas, to learn teamwork, resource
conservation, environment al appreciation, and job skills;
5. Provide meaningful voluntary oppor tunities for the state's
residents and organizations interested in urban an d community
forestry activities; and
6. Contribute to improved human health through targeted
delivery of programs and ac tivities in highly impacted communiti es
with greater health disparities.
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SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3034 of Title 2, unless there is
created a duplication in numbering, reads as follows:
A. The Department may establish and main tain a program in
urban and community forestry to accomplish the following:
1. Encourage planning for, planting, maintaining, and managing
of trees in the state's cities, counties, and tribal la nds and
maximize the potential of tre e and vegetative cover in improving the
quality of the environment ;
2. Encourage the coordination of activities by state and local
agencies and federally recognized tribes, and maximize resident
participation in the de velopment and implementation of urban and
community forestry-related programs, including through capacity
building to facilitate participation from new partners ;
3. Foster healthy economic activity for the state's urban and
community forestry-related businesses through cooperative and
supportive contracts with the private business sector;
4. Facilitate the creation of employment opportunities related
to urban and community forestry activities, including opportunities
for youth, especially in urban areas, to learn teamwork, resource
conservation, environmental appreciation, and job skills;
5. Provide meaningful voluntary opportunities for the state's
residents and organizations interested in urban an d community
forestry activities; and
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6. Contribute to improved human health thro ugh targeted
delivery of programs an d activities in highly impacted communities
with greater health disparities.
B. The Department may assist cities, counties, and federally
recognized tribes in establishing and maintaining urban a nd
community forestry pr ograms and encourage appropriate and improved
tree management and care.
C. The Department may advise, encourage, and assist cities,
counties, tribes, and other public and private entities in the
development and coordination of poli cies, programs, and acti vities
for the promotion of urban an d community forestry.
D. The Department may appoint a committee or council to advise
the Department in establishing and carrying out a program in urban
and community forestry.
E. The Department may assist municipal and county tree
maintenance programs by making surplus equipment available on loan
where feasible for urban and community forestry programs and
cooperative projects.
F. An owner of private property may opt out of a voluntary
urban and community forestry pro gram established by a city, county,
or federally recognized tribe pursuant to this act. The property
owner opting out must provide notice to the city, county, or
federally recognized tribe in either written or electronic form.
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SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3035 of Title 2, unless there is
created a duplication in numbering, reads as follows:
The Department may:
1. Receive and disburse any and all moneys contributed,
allotted, or paid by the United States u nder authority of any act of
congress for the purposes of this act;
2. Receive such gifts, grants, bequests, and endowments and
donations of labor, material, seedlings, and equipment from public
or private sources as may be made for the purpose of carryin g out
the provisions of this act, and may spend the gifts, grants,
bequests, endowments, and donations as well as other mon ies from
public or private sources ;
3. Charge fees for attendance at wor kshops and conferences, and
for various publications and oth er materials that the Department may
prepare; and
4. Enter into agreements and contracts with cities, counties,
tribes, nonprofit organizations, and others having urban and
community forestry-related responsibilities.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3036 of Title 2, unless there is
created a duplication in numbering, reads as follows:
The Department may enter into a greements with one or mo re
nonprofit organizations whose pri mary purpose is urban tree
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planting. The agreements must be directed at furthering public
education about and support for urban tree planning, planting,
establishment, care, and long -term maintenance, and for obtaining
voluntary activities by the local co mmunity organizations in tree
planting programs. The agreements must ensure these programs are
consistent with the purposes of the urban and community forestry
program under this act.
SECTION 7. NEW LAW A new section of law to be c odified
in the Oklahoma Statutes as Section 3037 of Title 2, unless there is
created a duplication in numbering, reads as follows:
The Department shall encourage urban planting and care through
establishment and long-term management of trees, encouraging
varieties that are site-appropriate and provide the best combination
of energy and water conservation, fire safety and other safety,
wildlife habitat, stormwater management, and aesthetic value. The
Department may provide technical assistance in developing programs
in tree planting for energy conservation in areas of the state where
such programs are most cost -effective. The Department must conduct
analyses and prioritize target regions for delive ry of programs,
policies, and activities that include criter ia related to human
health as provided in Section 8 of this act.
SECTION 8. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3038 of Title 2, unless there is
created a duplication in numbering, reads a s follows:
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A. The Department must conduct analyses of the needs and
opportunities related to urban forestry in the state by assessing
tree canopy cover and urban forestry inventory data.
1. The Department must utilize existing recent tree canopy
study and inventory data when available.
2. The Department may add additional canopy analysis in regions
where adequate data is not available through internal analysis and
the use of research consultants as needed.
3. In collaboration with local governments, the Department may
conduct prioritized inventories of urban forests where adequate data
is not available.
B. The Department must identify priority regions for the
implementation of urban forestry pr ograms. Priority must be
determined through the use and rev iew of analyses and tools
including, but not limited to, the following:
1. Canopy analysis and inventory of urban and community
forestry data as determined in paragraph 1 of subsection A of this
section;
2. Health disparity mapping tools that identify highly
impacted communities. Communities should be identified at the
census tract level; and
3. The Department's twenty-year forest health strategic plan.
C. The Department may consult with exter nal experts as part of
the review and analysis that will det ermine priority regions for the
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purposes of this act. Consultation may be conducted with experts
such as: Other state agencies; a statewide organization representing
urban and community for estry programs; health experts; and other
technical experts as needed.
D. The Department must consult with the appropriate tribes in
watersheds where urban forestry work is taking place.
E. The Department shall, through its analysis and
consultation, seek to i dentify areas where urban forestry will
generate the greatest confluence of benefits in relation to canopy
needs and health disparities.
F. The Department must ensure a minimum of fifty (50%) percent
of the resources used in delivering the policies, progr ams, and
activities of this act are benefiting vulnerable populations and are
delivered in or within one -quarter (1/4) mile of highly impacted
communities as identified by the t ools described in paragraph 2 of
subsection B of this section, and scale these resources so the most
resources are allocated to the highest impacted communities within
these areas. This includes resources for establishing and
maintaining new trees as well as maintenance of existing tree
canopy.
G. The Department shall conduct a statewide inventory of urba n
and community forests using urban forest inventory and assessment
protocols established by the United States forest service to produce
statistically relevant estimates of the quantity, health,
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composition, and benefits of urban tr ees and forests. Inventory
data must be maintained and periodically updated.
SECTION 9. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3039 of Title 2, unless there is
created a duplication in numbe ring, reads as follows:
A. The Department must provide technical assistance and
capacity-building resources and opportunities to cities, counties,
federally recognized tribes, and other public and private entities
in the development and coordination of po licies, programs, and
activities for the promotion of urban and community forestry.
B. The Department may use existing urban and community forestry
inventory tools or develop additional tools to assist cities,
counties, federally recognized tribes, and ot her public and private
entities to collect urban and community forest tree data that
informs urban and community forestry management, planning, and
policy development.
C. The Department shall strive to enable Oklahoma's cities'
urban forest managers to ac cess carbon markets by workin g to ensure
tools developed under this section are compatible with existing and
developing urban forest carbon market reporting protocols.
D. The Department may use existing tools to assist communities
to develop urban forestr y management plans. Management plans may
include, but not be limited to, the following elements:
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1. Inventory and assessment of the jurisdiction's urban and
community forests utilized as a dynamic management tool to set
goals, implement programs, and mon itor outcomes that may be adju sted
over time;
2. Canopy cover goals;
3. Reforestation and tree canopy expansion goals within the
city's, town's, and county's boundaries;
4. Restoration of public forests;
5. Achieving forest stand and diversity goals;
6. Maximizing vegetated stormw ater management with trees and
other vegetation that reduces runoff, increases soil infiltration,
and reduces stormwater pollution ;
7. Environmental health goals specific to air quality, habitat
for wildlife, and energy cons ervation;
8. Vegetation management practices and programs to prevent
vegetation from interfering with or damaging utilities and public
facilities;
9. Prioritizing planting sites;
10. Standards for tree s election, siting, planting, and
pruning;
11. Scheduling maintenance and stewar dship for new and
established trees;
12. Staff and volunteer training requirements emphasizing
appropriate expertise and professionalism;
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13. Guidelines for protecting existing trees from construction -
related damage and damag e related to preserving terri torial views;
14. Integrating disease and pest management;
15. Wood waste utilization;
16. Community outreach, participation, education programs, and
partnerships with nongovernment organizations;
17. Time frames for achiev ing plan goals, objectives, a nd
tasks;
18. Monitoring and measuring progress toward those benchmarks
and goals;
19. Emphasizing landscape and revegetation plans in residential
and commercial development areas where tree retention objectives are
challenging to achieve; and
20. Maximizing building heating and cooling energy efficiency
through appropriate siting of trees for summer shading, passive
solar heating in winter, and for wind breaks.
E. The Department may use existing tools to assist communities
to develop urban forestry ordinances. Ordinances may include, but
not be limited to, the following elements:
1. Tree canopy cover, density, and spacing;
2. Tree conservation and retention;
3. Vegetated stormwater runoff management using native trees
and appropriate nonnative, nonna turalized vegetation;
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4. Clearing, grading, protection of soils, reductions in soil
compaction, and use of appropriate soils with low runoff potential
and high infiltration rates;
5. Appropriate tree siting and maintenance f or vegetation
management practices and programs to prevent vegetation from
interfering with or damaging utilities and public facilities;
6. Native species and nonnative, nonnaturalized species
diversity selection to reduce disease and pests in urban fores ts;
7. Tree maintenance;
8. Street tree installation and maintenance;
9. Tree and vegetation buffers for riparian areas, critical
areas, transportation and utility corridors, and commercial and
residential areas;
10. Tree assessments for new constructi on permitting;
11. Recommended forest conditions for different land use types;
12. Variances for hardship and safety;
13. Variances to avoid conflicts with renewable solar energy
infrastructure, passive solar building design, and locally grown
produce; and
14. Permits and appeals.
F. The Department may consult with the Oklahoma Department of
Commerce in the process of providing technical assistance on issues
including, but not limited to, intersections between urban forestry
programs and growth management act planning.
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G. The Department may use existing and develop additional
innovative tools to facilitate successful implementation of urban
forestry programs including, but not limited to, comprehensive tool
kit packages (tree kits) that can easily be s hared, locally adapted,
and used by cities, counties, tribes, and community stakeholders.
H. The Department must encourage communities to include
participation and input by vulnerable populations through community
organizations and members of the public f or urban and community
forestry plans in the regions where they are based.
I. Delivery of resources must be targeted based on the analysis
and prioritization provided in Section 8 of this act.
SECTION 10. NEW LAW A new section of la w to be codified
in the Oklahoma Statutes as Section 3040 of Title 2, unless there is
created a duplication in numbering, reads as follows:
A. The Department shall manage the application and evaluation
of candidates for evergreen community designation.
B. The Department shall develop the criteria for an evergreen
community designation program. Under this program, the state may
recognize as an evergreen community a city, county, or area of
tribal land that has developed an excellent urban forest managemen t
program.
C. Designation as an evergreen community must include no fewer
than two graduated steps. The Department may require additional
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graduated steps and establish the minimum requirements for each
recognized step.
1. The first graduated step of des ignation as an evergreen
community includes satisfaction of the following requirements:
a. the development and implementation of a tree board or
tree Department,
b. the development of a tree care ordinance ,
c. the implementation of an urban forestry progra m with
an annual budget of at least Two Dollars ($2.00) for
every city resident,
d. official recognition of Arbor Day, and
e. the completion of or update to an existing urban
forest inventory for the city, county, or tribal land,
or the formal adoption of an inventory developed for
the city, county, or tribe by the Department.
2. The second graduated step of designation as an evergreen
community includes the adoption of an urban forestry management
plan. The management plan must:
a. exceed the minimum sta ndards determined by the
Department, and
b. incorporate meaningful community engagement from
vulnerable populations located in the area so needs
and priorities of these communities inform
implementation of the plan.
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D. The Department shall develop gateway signage and logos for
an evergreen community.
E. The Department may consult with the Oklahoma Department of
Commerce in carrying out the requirements of this section.
SECTION 11. This act shall become effective November 1, 2022.
COMMITTEE REPORT BY: COMMITTEE ON AGRICULTURE AND RURAL DEVELOPMENT,
dated 03/02/2022 - DO PASS, As Amended.