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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
ENGROSSED SENATE
BILL NO. 535 By: Bergstrom of the Senate
and
Lepak of the House
An Act relating to the Corporation Commission;
amending 17 O.S. 2011, Section 6.1, as amended by
Section 1, Chapter 185, O.S.L. 2016 (17 O.S. Supp.
2020, Section 6.1), which relates to pipeline safety;
increasing maximum daily and administrative penalty
amount; updating statutory language; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 17 O.S. 2011, Section 6.1, as
amended by Section 1, Chapter 185, O.S.L. 2016 (17 O.S. Supp. 2020,
Section 6.1), is amended to read as follow s:
A. Any person who has been determined by the Commission to have
violated any provision of any rule, regulation , or order issued
pursuant to the provisions of the Commission related to pipeline
safety shall be liable for a civil penalty of not more than One
Hundred Thousand Dollars ($100,000.00) Two Hundred Thousand Dollars
($200,000.00) for each day that said the violation continues. The
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maximum civil penalty shall not exceed One Million Dollars
($1,000,000.00) Two Million Dollars ($2,000,000 .00) for any related
series of violations.
B. The amount of the penalty shall be assessed by the
Commission pursuant to the provisions of subsection A of this
section, after notice and hearing. In determining the amount of the
penalty, the Commission shall include but not be limited to
consideration of the nature, circumstances , and gravity of the
violation and, with respect to the person found to have committed
the violation, the degree of culpability, the effect on ability of
the person to continue to do business , and any show of good faith in
attempting to achieve compliance with the provisions of the rules
and regulations of the Commission.
All penalties collected pursuant to the provisions of this
section shall be deposited into the Pipeline Enforcement Fund.
C. Any person who willfully and knowingly injures or destroys,
or attempts to injure or destroy, any pipeline transportation
system, upon conviction, shall be guilty of a felony and shall be
subject for each offense to a fine of not more than Twenty -five
Thousand Dollars ($25,000.00) or imprisonment for a term not to
exceed fifteen (15) years or both such fine and imprisonment.
SECTION 2. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON ENERGY AND NATUR AL RESOURCES,
dated 04/01/2021 - DO PASS.