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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
ENGROSSED SENATE
BILL NO. 536 By: Bergstrom of the Senate
and
Lepak of the House
An Act relating to oil and gas; amending 52 O.S.
2011, Section 47.6, as amended by Section 2, Chapter
185, O.S.L. 2016 (52 O.S. Supp. 2020, Section 47.6),
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 52 O.S. 2011, Section 47.6, as
amended by Section 2, Chapter 185, O.S.L. 2016 (52 O.S. Supp. 2020,
Section 47.6), is amended to read as follows:
Section 47.6. A. Any person who has been determined by the
Commission to have violated any provisions of the Hazardous Liquid
Transportation System Safety Act or any rule, regulation , or order
issued pursuant to the provisions of the Hazardous Liquid
Transportation System Safety Act shall be liable for an
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administrative 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 maximum administrative
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. 1. 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
Hazardous Liquid Transportation System Safety Act.
2. All penalties collected pursuant to the provisions of this
subsection shall be deposited in the Pipeline Enforcement Fund.
C. Any person who willfully and knowingly injures or destroys,
or attempts to injure or destroy, any hazardous liquid
transportation system, upon conviction thereof, 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), imprisonment for a
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term not less than five (5) years and not to exceed fifteen (15)
years, or by both such fine and imprisonment.
SECTION 2. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON ENERGY AND NATURAL RESOURCES,
dated 04/01/2021 - DO PASS.