An Act
ENROLLED 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.
SUBJECT: Oil and gas
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 a ny 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
administrative penalty of not more th an 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 ($2,000,00 0.00) 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
ENR. S. B. NO. 536 Page 2
section, after notice and hearing. In determining the amount of the
penalty, the Commissi on 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 continu e 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 collect ed 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 convict ion 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
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.
ENR. S. B. NO. 536 Page 3
Passed the Senate the 9th day of March, 2021.
Presiding Officer of the Senate
Passed the House of Representatives the 13th day of April, 2021.
Presiding Officer of the House
of Representatives
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 this _____ ____
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: _______________________________ __