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ENGROSSED HOUSE AMENDME NT
TO
ENGROSSED SENATE BILL NO . 1835 By: Bergstrom of the Senate
and
West (Josh) of the House
[ Oklahoma Water Resources Board - certain permit
holders receive certain repor ts and citations -
codification - effective date ]
AUTHOR: Add the following Senate Coauthor: Pederson
AMENDMENT NO. 1. Strike the stricken title, enacting clause, and
entire bill and insert:
"An Act relating to the Oklahoma Water Resources
Board; requiring certain out of compliance entiti es
receive certain reports and citations; requiring
citation include certain items; requiring certain
report distribution; setting length of time for
certain response; requiring certain communication;
allowing for certain enfor cement action; allowing
for certain administrative penalty; authorizing the
promulgation of certain rules; allowing for certain
permit revocation; providing for codification; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1091 of Title 82, unless there
is created a duplication in numbering, reads as follows:
A. On or after the effective date of this act, any holder of a
water use permit issued by the Oklahoma Water Resources Board that
is for a medical marijuana business or medical mari juana waste
disposal facility licensed by the Oklahoma Medical Marijuana
Authority and is found to be out of compliance with any statutory or
administrative rule re quirement of the Oklahoma Water Resources
Board pursuant to a fact-finding investigation cond ucted by the
Board shall receive by either certified mail or electronic ma il the
written report and a citation stating any n ecessary action or remedy
to be taken. The citation shall include any statutory requirements,
administrative rules, and regulations that the Board deems to have
been violated by the permit holder.
B. The Board shall by certified mail, return receipt requ ested,
or by electronic mail, read receipt requested, distribute the report
to the permit holder. The permit holder shall have fifteen (15)
days from the date tha t the report and citation are receiv ed to
respond. The Board shall communicate with the perm it holder about
what is required to come into compliance. If the permit holder d oes
not initiate action to remedy the complaint within ninety (90) days
from the date that the report and citation are received, the Board
may take any enforcement action it d eems necessary to bring the
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permit holder into compliance. The Board may assess an
administrative penalty of up to Five Thousand Dollars ($5,000.00)
per day of violation after a notice has been issued an d an
opportunity for a hearing has been made available. The Board ma y
promulgate rules regarding legal actions which may be necessary to
bring a permit holder into compliance . Failure to come into
compliance may result in a revocation by the Board of the water
permit at issue.
SECTION 2. This act shall become effective Nove mber 1, 2022."
Passed the House of Representatives the 27th day of April, 2022.
Presiding Officer of the House of
Representatives
Passed the Senate the ____ day of _______ ___, 2022.
Presiding Officer of the Senate
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ENGROSSED SENATE
BILL NO. 1835 By: Bergstrom of the Senate
and
West (Josh) of the House
[ Oklahoma Water Resources Board - certain permit
holders receive certain repor ts and citations -
codification - effective date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1091 of Title 82, unless there
is created a duplication in numbering, reads as follows:
A. On or after the effective date of this act, any holder of a
water use permit issued by the Oklahoma Water Resources Board that
is for a medical marijuana business or medical mari juana waste
disposal facility licensed by the Oklahoma Medical Marijuana
Authority and is found to be out of compliance with any statutory or
administrative rule requireme nt of the Oklahoma Water Resources
Board pursuant to a fact-finding investigation cond ucted by the
Board, shall receive by either certified mail or electronic ma il the
written report and a citation stating any n ecessary action or remed y
to be taken. The citation shall include any statutory requirements,
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administrative rules, and regulations that the Board deems to have
been violated by the permit holder.
B. The Board shall by certified mail, return receipt requ ested,
or by electronic mail, read receipt requested, distribute the report
to the permit holder. The permit holder shall have fifteen (15)
days from the date tha t the report and citation are receiv ed to
respond. The Board shall communicate with the perm it holder about
what is required to come into c ompliance. If the permit holder d oes
not initiate action to remedy the complaint within ninety (90) days
from the date that the report and citation are received, the Board
may take any enforcement action it d eems necessary to bring the
permit holder into compliance. The Board may assess an
administrative penalty of up to Five Thousand Dollars ($5,000.00)
per day of violation after a notice has been issued an d an
opportunity for a hearing has been made available. The Board may
promulgate rules regarding legal actions which may be necessary to
bring a permit holder into compliance . Failure to come into
compliance may result in a revocation by the Board of the water
permit at issue.
SECTION 4. This act shall become effective November 1, 2022.
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Passed the Senate the 23rd day of March, 2022.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2022.
Presiding Officer of the House
of Representatives