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STATE OF OKLAHOMA
1st Session of the 59th Legislature (202 3)
HOUSE BILL 1892 By: Cantrell
AS INTRODUCED
An Act relating to medical marijuana; directing
certain medical marijuana business licens ees to pay
an environmental cleanup fee; stating amount of fee;
stating purpose of fee; requiring payment of fee by
certain date; requiring fees collected to be credited
to certain revolving fund; creating the County
Environmental Cleanup Revolving Fund; providing
sources of funds; providing for use of funds;
prescribing procedures for expenditures; providing
for codification; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 427.26 of Title 12A, unless
there is created a duplication in numbering, reads as follows:
A. Upon the effective date of this act an d annually thereafter,
every licensed medical marijuana commercial grower and medical
marijuana processor in this state shall pay to the Oklahoma Medical
Marijuana Authority an environmental cleanup fee of One Thousand
Dollars ($1,000.00).
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B. The fee imposed pursuant to the provisions of this section
shall be used for those expenses incurred by counties in the
investigation, evaluation, monitoring, testing, removal,
containment, treatment, disposal, remediation, detoxification or
neutralization of smoke, soot, fumes, acids, alkalis, t oxic
chemicals, asbestos, liquids or gases, waste materia ls or other
irritants, contaminants or pollutants as a direct result of a
pollution incident caused by a medical marijuana commercial grower
or medical marijuana processor .
C. Payment of the annual fee required by this section shall be
due no later than the last day of the month of expiration of the
current medical marijuana business license.
D. All fees received by the Authority pursuant to the
provisions of this se ction shall be credited to the County
Environmental Cleanup Revolving Fund created in subsection E of this
section.
E. There is hereby created in the State Treasury a revolving
fund for the Oklahoma Medical Marijuana Authority to be designated
the "County Environmental Cleanu p Revolving Fund". The fund shall
be a continuing fund, not subject to fiscal year limitatio ns, and
shall consist of all fees collected by the Oklahoma Medical
Marijuana Authority pursuant to the provisions of subsection A of
this section. All monies accruing to the credi t of the fund are
hereby appropriated and may be bu dgeted and expended by the Oklahoma
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Medical Marijuana Authority for the purpose s of providing financial
assistance and support to any county of the state that is responding
to an environmental pollution incident caused by a medical marijuana
commercial grower or medical marijuana processor . Expenditures from
the fund shall be made upon warrants issued by the State Treasurer
against claims filed as prescribed by law with the Director of the
Office of Management and Enterprise Services for approval and
payment.
SECTION 2. This act shall become effective November 1, 2023.
59-1-5554 GRS 01/18/23