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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 1982 By: Boles and Newton of the
House
and
Paxton of the Senate
AS INTRODUCED
An Act relating to water quality standards; amending
27A O.S. 2021, Section 1 -1-202, as amended by Section
3, Chapter 185, O.S.L. 2022 (2 7A O.S. Supp. 2022,
Section 1-1-202), which relates to state
environmental agencies; mod ifying entity to receive
certain written comment; amending 27A O.S. 2021,
Section 1-3-101, as amended by Section 4, Chapter
185, O.S.L. 2022 (27A O.S. Supp. 2022, Secti on 1-3-
101), which relates to state env ironmental agencies;
modifying certain responsibilities; amending 82 O.S.
2021, Section 1085.2, as amended by Section 3,
Chapter 113, O.S.L. 2022 (82 O.S. Supp. 2022, Section
1085.2), which relates to authority of the Oklahoma
Water Resources Board; modifying certain authority of
the Board; providing for recodification ; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA :
SECTION 1. AMENDATORY 27A O.S. 2021, Section 1-1-202, as
amended by Section 3, Chapter 185, O.S.L. 2022 (27A O.S. Supp. 2022,
Section 1-1-202), is amended to read as follows:
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Section 1-1-202. A. Each state environmental agency shall:
1. Be responsible for fully implementing and enforcing the laws
and rules within its jurisdictional areas of environmental
responsibility;
2. Utilize and enforce the Oklahoma Water Quality St andards
established by the Department of Environmental Quality;
3. Seek to strengthen re lationships between state, regional,
local and federal environmental planning, development and m anagement
programs;
4. Specifically fac ilitate cooperation across jurisdictional
lines of authority with other state environmental agencies regarding
programs to resolve environmental concerns;
5. Cooperate with all state environmental agencies, other state
agencies and local or federal govern mental entities to protect,
foster, and promote the general welfare, and the environment and
natural resources of this s tate;
6. Have the authority to engage in environmental and natural
resource information diss emination and education activities within
their respective areas of environmental jur isdiction; and
7. Participate in every hearing conducted by the Department of
Environmental Quality for the consideration, adoption or amendment
of the classification of waters of the state and standards of purity
and quality thereof, and shall have the opportunity to present
written comment to the me mbers of the Department of Environmental
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Quality Board at the same time staff recommendations are submitted
to those members for Board review and consideration.
B. 1. In addition to the requirements of subsection A of this
section, each state environmental agency shall have promulgated by
July 1, 2001, a Water Quality Standards Implementation Plan for its
jurisdictional areas of environmental responsibility in compliance
with the Administrative Procedures Act and pursuant to the
provisions of this section. Each agency shall review its plan at
least every three (3) years thereafter to determine whether
revisions to the plan are necessary.
2. Upon the request of any state environmental agency, the
Department of Environmental Quality shall provide consulting
assistance to such agency in developing a Water Quality Standards
Implementation Plan as required by this subsection.
3. Each Water Quality Standards Implementation Plan shall:
a. describe, generally, the processes, procedures and
methodologies the state environmental agency will
utilize to ensure that programs within its
jurisdictional areas of environmental responsibility
will comply with anti-degradation standards and lead
to:
(1) maintenance of water quality where beneficial
uses are supported,
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(2) removal of threats to water quality where
beneficial uses are in danger of not be ing
supported, and
(3) restoration of water quality where beneficial
uses are not being supported,
b. include the procedures to be utilized in the
application of use support assessment protocols to
make impairment determinatio ns,
c. list and describe progr ams affecting water quality,
d. include technical information and procedures to be
utilized in implementing the Water Qu ality Standards
Implementation Plan,
e. describe the method by which the Water Quality
Standards Implementation Plan will be integrated into
the water quality management acti vities within the
jurisdictional areas of environmental responsibility
of the state environmental agency,
f. detail the manner in which the agency will comply with
mandated statewide requi rements affecting water
quality developed by other state environmen tal
agencies including, but not limited to, total maximum
daily load development, w ater discharge permit
activities and nonpoint source pollution prevention
programs,
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g. include a brief summary of the written comments a nd
testimony received pursuant to al l public meetings
held or sponsored by the state environmental agency
for the purpose of providing the public and other
state environmental agencies an opportunity to comment
on the plan, and
h. describe objective method s and means to evaluate the
effectiveness of activities conducted pursuant to the
Water Quality Standards Implementation Plan to achieve
Oklahoma Water Quality Standards.
C. 1. Each state environmental agency with groundwate r
protection authority pursuan t to Article III of the Oklahoma
Environmental Quality Act shall be the groundwater protection agency
for activities within its jurisdictional areas of environmental
responsibility.
2. The Department of Environmental Quality shall cooperate with
other state environmental agencies, as appropriate and necessary, in
the protection of such unassigned activities.
3. Groundwater regulatory agencies shall develop groundwater
protection practices to prevent groundwater contamination from
activities within their r espective jurisdictional areas of
environmental responsibility.
4. Each groundwater protection agency shall promulgate such
rules, and issue such permits, policies, directives or any other
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appropriate requirements, as necessa ry, to implement the
requirements of this subsection.
5. Groundwater protection a gencies shall take such action as
may be necessary to assure that activities within their respective
jurisdictional areas of environmental responsibility protect
groundwater quality to support the uses of the state's water
quality.
6. In addition, each gr oundwater protection agency with
enforcement authority is hereby authorized to:
a. engage the voluntary cooperation of all persons in the
maintenance and protection of ground water, and to
advise, consult and cooperate with all persons, all
agencies of the state, universities and colleges, the
federal government or other states, and with
interstate agencies in the furtherance of the purposes
of this subsection, and to this end and for the
purposes of studies, scientific or other
investigations, research, exp eriments and
demonstrations pertaining thereto, receive and spend
funds as appropriated by the Legislature, and from
such agencies and other officers and persons on behalf
of the state,
b. encourage the formulation and execution of plans to
maintain and protect groundwater by cooperative groups
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or associations of municipal corporations, industries,
industrial users and other users of groundwaters of
the state, who, jointly or severally, are or may be
impacting on the maintenance and protection of
groundwater,
c. encourage, participate in or conduct or cause to be
conducted studies, scientific or other investigations,
research, experiments and demonstrations relating to
the maintenance and protection of grou ndwater, and to
collect data with respect thereto, a ll as may be
deemed advisable and necessary to carry out the
purposes of this subsection, and to make reports and
recommendations with respect thereto,
d. conduct groundwater sampling, data collection,
analyses and evaluations with sufficient frequency to
ascertain the characteristics and quality of
groundwater and the sufficiency of the groundwater
protection programs established pursuant to this
subsection, and
e. develop a public education and promotion program to
aid and assist in publicizing the need o f, and
securing support for, the maintenance and protection
of groundwater.
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D. Each state environmental agency and each state agency with
limited environmental responsibilit ies shall participate in the
information management system developed by the Depart ment of
Environmental Quality, pursuant to Section 1-4-107 of this title,
with such information as the Department shall reasonably request.
E. In each even-numbered year, in cooperation with other state
environmental agencies participating in the monitori ng of water
resources, the Department of Environmental Quality shall provide a
report on the status of water quality monitoring to the Legislature
for review.
SECTION 2. AMENDATORY 27A O.S. 2021, Section 1 -3-101, as
amended by Section 4, Chapter 185, O.S.L. 2022 (27A O.S. Supp. 2022,
Section 1-3-101), is amended to read as follows:
Section 1-3-101. A. The provisions of this section specify the
jurisdictional areas of responsibility for each state environmental
agency and state agencies with limited environmental responsibility.
The jurisdictional areas of environmental responsibil ity specified
in this section shall be in addition to those otherwise provided by
law and assigned to the specific state environmental agency;
provided that any rule, interagency agreement or executive order
enacted or entered into prior to the effective d ate of this section
which conflicts with the assignment of jurisdictio nal environmental
responsibilities specified by this section is hereby superseded.
The provisions of this subsection shall not nullify any financial
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obligation arising from services ren dered pursuant to any
interagency agreement or executive order entered into prior to July
1, 1993, nor nullify any obligations or agreements with private
persons or parties entered into with any state environme ntal agency
before July 1, 1993.
B. Department of Environmental Quality. The Department of
Environmental Quality s hall have the following jurisdictional areas
of environmental responsibility:
1. All point source discharges of pollutants and storm wate r to
waters of the state which originate from mu nicipal, industrial,
commercial, mining, transportation and utilities, construction,
trade, real estate and finance, services, public administration,
manufacturing and other sources, facilities and activities , except
as provided in subsections D and E of t his section;
2. All nonpoint source discharges and pollution except a s
provided in subsections D, E and F of this section;
3. Technical lead agency for poin t source, nonpoint source and
storm water pollution control programs funded under Section 106 of
the federal Clean Water Act, for areas within the Department's
jurisdiction as provided in this subsection;
4. Surface water and groundwater quality and prote ction and
water quality certifications;
5. Waterworks and wastewater works operator certification ;
6. Public and private water supplies;
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7. Underground injection con trol pursuant to the federal Safe
Drinking Water Act and 40 CFR Parts 144 through 148, e xcept for:
a. Class II injection wells,
b. Class V injection wells utilized in the remediation of
groundwater associated with underground or aboveground
storage tanks regulated by the Corporation Commission,
c. those wells used for the recovery, injection or
disposal of mineral brines as defined in the Oklahoma
Brine Development Act regulated by the Co mmission, and
d. any aspect of any CO 2 sequestration facility including
any associated CO2 injection well, over which the
Commission is given jurisdiction pur suant to the
Oklahoma Carbon Capture and Geologic Sequestration
Act;
8. Notwithstanding any othe r provision in this section or other
environmental jurisdiction statute , sole and exclusive jurisdiction
for air quality under the federal Clean Air Act and ap plicable state
law, except for indoor air quality and asbestos as regulated for
worker safety by the federal Occupational Safety and Health Act and
by Chapter 11 of Tit le 40 of the Oklahoma Statutes;
9. Hazardous waste and solid waste including industrial,
commercial and municipal waste;
10. Superfund responsibilities of the state under the
Comprehensive Environmental Response, Compensation and Liability Act
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of 1980 and amendments thereto, except the planning requirements of
Title III of the Superfund Am endment and Reauthorization Act of
1986;
11. Radioactive waste and all regulatory activities for the use
of atomic energy and sources of radiation except for electronic
products used for diagnosis by diagnostic X-ray facilities and
electronic products use d for bomb detection by public safety bomb
squads within law enforcement agencies of this state o r within law
enforcement agencies of any political subdivision of this s tate;
12. Water, waste, and wastewater treatment systems including,
but not limited to, septic tanks or other public or private waste
disposal systems;
13. Emergency response as spec ified by law;
14. Environmental laboratory services and laboratory
certification;
15. Hazardous substances other than branding, package and
labeling requirements;
16. Freshwater wellhead protection;
17. Groundwater protection for activities subject to the
jurisdictional areas of environmental responsibility of the
Department;
18. Utilization and enforcement of Oklahoma Water Quality
Standards and implemen tation documents;
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19. Environmental regulation of any entity or activity, and the
prevention, control and abatement of any pollution, not subject to
the specific statutor y authority of another state environmental
agency;
20. Development and maintenance of a computerized information
system relating to water quality pursuant to Section 1-4-107 of this
title;
21. Development and promulgation of Oklahoma Water Quality
Standards, their accompanying use support assessment protocols,
anti-degradation policies generally affecting Oklahoma Water Quality
Standards application and implementation including but not limited
to mixing zones, low flows and variances or any modification or
change thereof pursuant to Section 1085.30 of Title 82 of the
Oklahoma Statutes, and the Implementation Plan pursuant to Section
1-1-202 of this title for its jurisdictional area o f environmental
responsibility; and
22. Development and utilization of po licies and requirements
necessary for the implementation of Oklahoma Groundwate r Quality
Standards to the extent that the implementation of such standards
are is within the scope of the Department's jurisdiction including
but not limited to the establishme nt of points of compliance when
warranted.
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C. Oklahoma Water Resources Board. The Oklahoma Water
Resources Board shall have the following jurisdictional areas of
environmental respon sibility:
1. Water quantity including, but not limited to, water rights ,
surface water and underground water, planning, and interstate stream
compacts;
2. Weather modification;
3. Dam safety;
4. Flood plain management;
5. State water/wastewater loans and grants revolving fund and
other related financial aid programs;
6. Administration of the federal Clean Water State Revolving
Fund Program including, but not limited to, making application for
and receiving capitalization grant awards, wastewater prior itization
for funding, technical project reviews, environmental review
process, and financial review and administration;
7. Water well drillers/ pump installers licensing;
8. Technical lead agency for clean l akes eligible for funding
under Section 314 of the federal Clean Water Act or other applicable
sections of the federal Clean Water Act or other subsequent state
and federal clean lakes progra ms; administration of a state program
for assessing, monitoring, studying and restoring Oklahoma lakes
with administration to include, but not be limited to, receipt and
expenditure of funds from federal, state and private sources for
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clean lakes and imple mentation of a volunteer monitoring program to
assess and monitor state water resources, provided such funds fro m
federal Clean Water Act sources are administered and disbursed by
the Office of the Secretary of Environment;
9. Groundwater protection for activiti es subject to the
jurisdictional areas of environmental responsibility of the Board;
10. Development and promulgation of a Water Quality Standards
Implementation Plan pursuant to Section 1-1-202 of this title for
its jurisdictional area of environmental r esponsibility;
11. Development of classifications and identification of
permitted uses of groundwater, in recognized water rights, and
associated groundwater recharge areas;
12. Establishment and implementation of a statewide beneficial
use monitoring program for waters of the state in coordination with
the other state environmental agencies; and
13. Coordination with other sta te environmental agencies and
other public entities of water resource investigations conducted by
the federal United States Geologica l Survey for water quality and
quantity monitoring in the state; and
14. Development and submission of a report concer ning the
status of water quality monitoring in this state pursuant to Section
1-1-202 of this title.
D. Oklahoma Department of Agricult ure, Food, and Forestry.
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1. The Oklahoma Department of Agriculture, Food, an d Forestry
shall have the following jurisdi ctional areas of environmental
responsibility except as provided in paragraph 2 of this subsection:
a. point source discharges and non point source runoff
from agricultural crop production, agricultural
services, livestock production, silviculture, feed
yards, livestock markets and animal waste,
b. pesticide control,
c. forestry and nurseries,
d. fertilizer,
e. facilities which store grain, feed, seed, fertilizer
and agricultural chemicals,
f. dairy waste and wastew ater associated with milk
production facilities,
g. groundwater protection for activities subject to the
jurisdictional areas of environmental responsibility
of the Department,
h. utilization and enforcement of Oklahoma Water Quality
Standards and implemen tation documents,
i. development and promul gation of a Water Quality
Standards Implementation Plan pursuant to Section 1-1-
202 of this title for its jurisdictional areas of
environmental responsibility, and
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j. storm water discharges for activities subject to the
jurisdictional areas of environmenta l responsibility
of the Department.
2. In addition to the jurisdictional areas of environmental
responsibility specified in subsection B of this section, the
Department of Environmental Quality shall have environ mental
jurisdiction over:
a. (1) commercial manufacturers of fertilizers, grain
and feed products, and chemicals, and over
manufacturing of food and kindred products,
tobacco, paper, lumber, wood, textile mill and
other agricultural products,
(2) slaughterhouses, but not including feedlots at
these facilities, and
(3) aquaculture and fish hatcheries
including, but not limited to, discharges of
pollutants and storm water to waters of the state,
surface impoundments and land application of wastes
and sludge, and other pollution originating at these
facilities, and
b. facilities which store grain, feed, seed, fertilizer,
and agricultural chemicals that are required by
federal NPDES regulations to obtain a permit for storm
water discharges shall only be subject to the
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jurisdiction of the Department of E nvironmental
Quality with respect to such storm water discharges.
E. Corporation Commission.
1. The Corporation Com mission is hereby ve sted with exclusive
jurisdiction, power and authority, and it shall be its du ty to
promulgate and enforce rules, and is sue and enforce orders governing
and regulating:
a. the conservation of oil and gas,
b. field operations for geolog ic and geophysical
exploration for oil, gas and brine including seismic
survey wells, stratigraphic test wells and core test
wells,
c. the exploration, drilling, development, producing or
processing for oil and gas on the lease site,
d. the exploration, drilling, development, production and
operation of wells used in connection with the
recovery, injection or disposal of mineral brines,
e. reclaiming facilities only for the processing of salt
water, crude oil, natural gas condensate and tank
bottoms or basic sediment from crud e oil tanks,
pipelines, pits and equipment associated with the
exploration, drilling, development, producing or
transportation of oil or gas,
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f. underground injection control pursuant to the federal
Safe Drinking Water Act and 40 C FR Parts 144 through
148 of:
(1) Class II injection wells,
(2) Class V injection wells utilized in the
remediation of groundwater associated wit h
underground or aboveground storage tanks
regulated by the Commission,
(3) those wells used for the recover y, injection or
disposal of mineral brines as defined in the
Oklahoma Brine Development Act, and
(4) any aspect of any CO2 sequestration facility
including any associated CO2 injection well, over
which the Commission is given jurisdiction
pursuant to the Oklahoma Carbon Capture a nd
Geologic Sequestration Act.
Any substance that the United States Environmental
Protection Agency allows to be injected i nto a Class
II well may continue to be so injected,
g. tank farms for storage of crude oil and petroleum
products which are located outside the boundaries of
refineries, petrochemical manufacturing plants,
natural gas liquid extraction plants, or other
facilities which are subject to the jurisdiction of
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the Department of Environmental Quality with regard to
point source discharges,
h. the construction and operation of pipelines and
associated rights-of-way, equipment, facilities or
buildings used in the tra nsportation of oil, gas,
petroleum, petroleum products, anhydrous ammonia or
mineral brine, or in the tr eatment of oil, gas or
mineral brine during the course of transportation but
not including line pipes in any:
(1) natural gas liquids extraction plant,
(2) refinery,
(3) reclaiming facility other than for those
specified within subparagraph e of this
subsection,
(4) mineral brine processing plant, and
(5) petrochemical manufacturing plant,
i. the handling, transporta tion, storage and disposition
of saltwater, mineral brines, waste oil and other
deleterious substances produced from or obtained or
used in connection with the dri lling, development,
producing and operating of oil and gas wells, at:
(1) any facility or activity specifically listed in
paragraphs 1 and 2 of this subsection as being
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subject to the jurisdiction of the Commission,
and
(2) other oil and gas extraction f acilities and
activities,
j. spills of deleterious substances associated with
facilities and activities specified in paragraph 1 of
this subsection or associated with other oil and gas
extraction facilities and activities,
k. subsurface storage of oil, n atural gas and liquefied
petroleum gas in geologic strata,
l. groundwater protection for activiti es subject to the
jurisdictional areas of environmental responsibility
of the Commission,
m. utilization and enforcement of Oklahom a Water Quality
Standards and implementation documents, and
n. development and promulgation of a Water Quality
Standards Implementation Plan pursuant to Section 1-1-
202 of this title for its jurisdictional areas of
environmental responsibility.
2. The exclusive jurisdiction, pow er and authority of t he
Commission shall also extend to the construction, operation,
maintenance, site remediation, closure and abandonment of the
facilities and activities described in paragraph 1 of this
subsection.
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3. When a deleterious substance from a Commission-regulated
facility or activity enters a point source discharge of pollutants
or storm water from a facility or activity regulat ed by the
Department of Environmental Quality, the Department shall have sole
jurisdiction over the point source di scharge of the comming led
pollutants and storm water from the two facilities or activities
insofar as Department-regulated facilities and act ivities are
concerned.
4. The Commission and the Department of Environmental Quality
are hereby authorized to obt ain authorization from the Environmental
Protection Agency to administer, within their respective
jurisdictions, any and all programs regulati ng oil and gas
discharges into the waters of this state. For purposes of the
federal Clean Water Act, any facilit y or activity which is subject
to the jurisdiction of the Commission pursuant to paragraph 1 of
this subsection and any other oil and gas extr action facility or
activity which requires a permit for the discharge of a pollutant or
storm water to waters of t he United States shall be subject to the
direct jurisdiction and permitting authority of the Oklahoma a gency
having received delegation of thi s program from the Environmental
Protection Agency.
5. The Commission shall have juris diction over:
a. underground storage tanks that co ntain antifreeze,
motor oil, motor fuel, gasoline, kerosene, diesel, or
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aviation fuel and that are not located at refin eries
or at the upstream or intermediate shipment points of
pipeline operations including, but not limited to,
tanks from which these ma terials are dispensed into
vehicles, or tanks used in wholesale or bulk
distribution activities, as well as leaks from pumps,
hoses, dispensers, and other ancillary equipment
associated with the tanks, whe ther above the ground or
below; provided, that any point source discharge of a
pollutant to waters of the United States during site
remediation or the off-site disposal of contaminated
soil, media, or debris shall be regulated by the
Department of Environm ental Quality,
b. aboveground storage tanks that co ntain antifreeze,
motor oil, motor fuel, gasoline, kerosene, diesel, or
aviation fuel and that are not located at refin eries
or at the upstream or intermediate shipment points of
pipeline operations inclu ding, but not limited to,
tanks from which these mat erials are dispensed into
vehicles, or tanks used in wholesale or bulk
distribution activities, as well as leaks from p umps,
hoses, dispensers, and other ancillary equipment
associated with the tanks, whether above the ground or
below; provided, that any p oint source discharge of a
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pollutant to waters of the United States during site
remediation or the off-site disposal of contaminated
soil, media, or debris shall be regulated by the
Department of Environm ental Quality, and
c. the Petroleum Storage Tank Rel ease Environmental
Cleanup Indemnity Fund, the Oklahoma Petroleum Storage
Tank Release Indemnity Program, and the Oklah oma
Leaking Underground Storage Tank Trust Fund.
6. The Department of Environmental Quality shall have sole
jurisdiction to regulate the transportation, discharge or release of
deleterious substances or solid or hazar dous waste or other
pollutants from rolling stock and rail facilities. The Department
of Environmental Quality shall not have any jurisdiction with
respect to pipeline transp ortation of carbon dioxide.
7. The Department of Environmental Quality shall hav e sole
environmental jurisdiction for point and nonpoint source discharges
of pollutants and storm water to waters of the state from:
a. refineries, petrochemical manufacturin g plants and
natural gas liquid extraction plants,
b. manufacturing of equipment and products related to oil
and gas,
c. bulk terminals, aboveground and underground storage
tanks not subject to the jurisdiction of the
Commission pursuant to this subsection , and
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d. other facilities, activities and sources not subject
to the jurisdiction of the Commission or the Oklahoma
Department of Agriculture, Food, and Forestry as
specified by this section.
8. The Department of Environme ntal Quality shall have sole
environmental jurisdiction to regulate air emissions from all
facilities and sources subject to operating permit requiremen ts
under Title V of the federal Clean Air Act as amended.
F. Oklahoma Conservation Commission. The Oklahoma Conservation
Commission shall have the following jurisdictional areas of
environmental responsibility:
1. Soil conservation, erosion control and nonpoint source
management except as otherwise provided by law;
2. Monitoring, evaluation and assess ment of waters to determine
the condition of streams and rivers being impacted by nonpoint
source pollution. In carr ying out this area of responsibility, the
Oklahoma Conservation Commission shall serve as the technical lead
agency for nonpoint source cat egories as defined in Section 319 of
the federal Clean Water Act or other subsequent federal or state
nonpoint source programs, except for activities relat ed to
industrial and municipal storm water or as otherwise provided by
state law;
3. Wetlands strategy;
4. Abandoned mine reclamation;
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5. Cost-share program for land use activities;
6. Assessment and conservation p lan development and
implementation in watersheds of clean lakes, as specified by law;
7. Complaint data management;
8. Coordination of environmental and natural resources
education;
9. Federal upstream flood control program;
10. Groundwater protection for activities subject to the
jurisdictional areas of environmental responsibility of the
Commission;
11. Development and promulg ation of a Water Quality Standards
Implementation Plan pursuant to Section 1-1-202 of this title for
its jurisdictional areas of environmental responsibility;
12. Utilization of Oklahoma Water Quality Standards and
Implementation documents; and
13. Verification and certification of carbon sequestra tion
pursuant to the Oklahoma Carbon Sequestration Enhancement Act. This
responsibility shall not be superseded by the Oklahoma Carbon
Capture and Geologic Sequestration Act.
G. Department of Mines. The De partment of Mines shall have the
following jurisdictional areas of environmental responsibility:
1. Mining regulation;
2. Mining reclamation of active mines;
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3. Groundwater protection for activities subject to the
jurisdictional areas of environmenta l responsibility of the
Commission; and
4. Development and promulgation of a Water Quality Standards
Implementation Plan pursuant t o Section 1-1-202 of this title for
its jurisdictional areas of responsibility.
H. Department of Wildlife Conservation. The Department of
Wildlife Conservation shall have th e following jurisdictional areas
of environmental responsibilities:
1. Investigating wildlife kills;
2. Wildlife protection and seeking wildlife damage claims; and
3. Development and promulgation of a Water Quality Standards
Implementation Plan pursuant to Section 1-1-202 of this title for
its jurisdictional areas of environmental r esponsibility.
I. Department of Public Safety. The Department of Public
Safety shall have the following jurisdictional areas of
environmental responsibilities:
1. Hazardous waste, substances and material transportation
inspections as authorized by the Oklahoma Motor Carrier Safety and
Hazardous Materials Transportation Act; and
2. Inspection and audit activities of hazardous waste and
materials carriers and handlers as authorized by the Oklahoma Motor
Carrier Safety and Hazardous Materials Transportation Act.
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J. Department of Labor. The D epartment of Labor shall have the
following jurisdictional areas of environmental responsibility:
1. Regulation of asbestos in the workplace purs uant to Chapter
11 of Title 40 of the Oklahoma Statutes;
2. Asbestos monitoring in public and private buildin gs; and
3. Indoor air quality as regulated under the authority of the
Oklahoma Occupational Health and Safety S tandards Act, except for
those indoor air quality issues specifically authorized to be
regulated by another agency.
Such programs shall be a fun ction of the Department's
occupational safety and health jurisdiction.
K. Oklahoma Department of Emergency Mana gement. The Oklahoma
Department of Emergency Management shall have the following
jurisdictional areas of environmental responsibilities:
1. Coordination of all emergency resources and activities
relating to threats to citizens' lives and property pursuan t to the
Oklahoma Emergency Resour ces Management Act of 1967;
2. Administer and enforce the planning requirements of Title
III of the Superfund Amendments and Reauthorization Act of 1986 and
develop such other emergency operations plans that will enable t he
state to prepare for, respond t o, recover from and mitigate
potential environmental emerge ncies and disasters pursuant to the
Oklahoma Hazardous Materials Planning and Notification Act;
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3. Administer and conduct periodic exercises of emergency
operations plans provided for in this subs ection pursuant to the
Oklahoma Emergency Resources Managem ent Act of 1967;
4. Administer and facilitate haza rdous materials training for
state and local emergency planners and first responders pursuant to
the Oklahoma Emergency Resources Management Act o f 1967; and
5. Maintain a computerized emergency informati on system
allowing state and local access to inform ation regarding hazardous
materials' location, quantity and potential threat.
SECTION 3. AMENDATORY 82 O.S. 2021, Section 1085.2, as
amended by Section 3, Chapter 113, O.S.L. 2022 (82 O.S. Sup p. 2022,
Section 1085.2), is amended to read as follows:
Section 1085.2 In addition to any and a ll other authority
conferred upon it by law, the Oklahoma Water Resources Board shall
also have authority:
1. Generally to do all such things as in its judgment may be
necessary, proper or exped ient in the accomplishment of its duties;
2. To make such contracts and execute such instruments as in
the judgment of the Board are necessary or convenien t to the
exercise of any of t he powers conferred upon it by law. Provided,
however, no contract sha ll be made conveying the title or use of any
waters of the State of Oklahoma to any person, firm, cor poration or
other state or subdivision of government, f or sale or use in any
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other state, unless such contract be specifically authorized by an
act of the Oklahoma Legislature and thereafter as approved by it;
3. To negotiate contracts and other agreement s with the federal
government to arrange for the develo pment of water resources and for
the storage and distribution of water for beneficial purposes;
provided, however, that the Board shall act in such capacity only as
an intermediary in assisting others, and under no circumstances
shall the Board have any po wer or authority to build, co nstruct or
finance any waterways, dams or other such projects for itsel f,
except as may be otherwise specifically provided by the la ws of this
state;
4. To develop statewide and local plans to assure the best and
most effective use and control of water to meet both the current and
long-range needs of the people of Oklahoma; to cooperate in such
planning with any public or private agen cy, entity or person
interested in water, and is directed to prepare such plans for
consideration and approval by the Legisl ature; and to aid, at all
times, counties, incorporated cities and town s and special purpose
districts in the state in promoting and developing flood control and
water conservation in the state;
5. To employ and fix the compen sation of such officers, agen ts,
attorneys, technical personnel and employees of the Board as it
shall deem necessary to the proper performance of its duties;
6. To adopt and use an official seal;
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7. To promulgate such rules and make orders as it may dee m
necessary or convenient to the exercise of any of the powers or the
performance of any of the duti es conferred or imposed upon it by
this or any other law;
8. To institute and maintain, or to interv ene in, any actions
or proceedings in or before any cou rt, board, commission or offi cer
of this or any other state or of the United States to stop or
prevent any use, misuse, appropriation or taking of any of the
waters of this state which is in whole or i n part in violation of
any law, or of any rules, orders , judgments or decrees of any court,
board, commission or officer of this or any state or of the Uni ted
States; and to institute and maintain or intervene in any other
action or proceeding where the Bo ard deems it necessary to the
proper execution and disc harge of any of the powers or duties
conferred or imposed upon it by law;
9. To determine, charge a nd receive fees to be collected in
advance for the filing and examination of applications for permits
to:
a. construct water use works,
b. appropriate groundwater,
c. appropriate stream water,
d. establish vested rights,
e. inspect water use works,
f. file other papers,
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g. make copies of documents,
h. make prints of maps and drawings,
i. certify copies of documents, maps and drawings,
j. file transfers of wat er rights,
k. gauge wells and ditches, changes in point of diversion
and changes in place of use of water,
l. test wells, and
m. hold hearings, make records and provide transcripts of
hearings.
Such fees shall not be collected from any state agency or stat e
institution;
10. To negotiate contracts or water compacts with the federal
government or any depa rtment or bureau thereof, or with any other
state for the purpose of obtaining assistance and coopera tion in the
accomplishment of the purpose of flood cont rol and water
conservation and use in the state. To that end, the Board may match
funds with the federal government and with other states upon such
terms as shall be agreed upon and approved by the Go vernor of the
state, with the limitation that contracts or water compacts with
other states for the division and apportionment of the cost and use
of the water controlled by interstate projects shall be submitted to
and approved by the Legislature of the s tate and the Governor of the
state, and Congress and th e President of the U nited States
conformable to the State and Federal Constitutions;
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11. To accept gifts and grants of money and property or any
interest therein;
12. To provide funding from federal and state monies for water
and wastewater project purpo ses to eligible entities for preliminary
engineering reports and planning and feasibility studies;
13. To sell or dispose of real or personal property held by t he
Board when no longer needed in such m anner as provided by law;
14. To make appropriations o f water to all special purpose
districts;
15. To execute and deliver, without actual consideration
therefor, a written release of any easement or easement deed
heretofore given to the Conservation Com mission of the State of
Oklahoma, the Planning and Reso urces Board or the Oklahoma Water
Resources Board on lands situated in this state, whenever it shall
appear to said Oklahoma Water Resources Board that the need for such
easement or easement deed no lo nger exists; provided, the owner of
the lands affected shall file a written application for such release
with the Oklahoma Water Resources Board;
16. To adopt, modify or repeal and promulgate standards of
quality of the waters of the state and to classify such waters
according to their best uses in the intere st of the public under
such conditions as the Board may prescribe for the prevention,
control, and abatement of pollution. The standard of quality of
waters of the state adopted by the Board pursuant to the provisions
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of Section 1085.30 of this title shal l be utilized by all
appropriate state environmental agencies in implementing their
respective duties to abate and prevent pollution to the waters of
the state, except the Department of Environmental Q uality shall have
the authority to ado pt water quality standard variances and site-
specific criteria to the extent that such variances and site-
specific criteria are utilized in and enforced through water qual ity
permits issued by the Department;
17. To review disputes involving service areas or territories,
rates for raw or treated water, and abrogation clauses in contracts
among municipalities and rural water di stricts or not-for-profit
rural water corporati ons; to recommend mediation and refer parties
in appropriate disputes to mediators and provide technic al
information to such mediators; and to recommend other means of
resolving disputes; provided, that no par ty to such dispute may
initiate action in any d istrict court regarding the dispute until
written notice of the dispute has been filed with the Board;
provided further that the provisions of this paragraph shall not be
construed to diminish any right of acc ess to the court granted to a
party by law;
18. 17. To provide workshop training sessions for board members
of rural water districts and not -for-profit rural water corporations
throughout the year on a regional basis for the purpose of study and
instruction in the areas of financing, law and the ethics, d uties
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and responsibilities of such board members. Such training shall be
provided by the Board in con junction with the Oklahoma Rural Water
Association as required by law. To the extent possible, the Board
shall attempt to schedule training workshops in three-hour segments
to be held in any public facility at a time convenient to the
attendees;
19. 18. To establish an agency special account through the
Office of Management and Enterp rise Services and the State
Treasurer's Office as necessary for the collect ion and distribution
of funds, including funds of sponsors and registration fees related
to conferences, meetings and training sessions; and
20. 19. To accredit persons having requisit e knowledge in
floodplain management and in minimization and prevention of flood
hazards and losses.
SECTION 4. RECODIFICATION 82 O.S. 2021, Section 1085.30,
as amended by Section 6, Chapter 185, O.S.L. 202 2 (82 O.S. Supp.
2022, Section 1085.30), shall be recodified as Section 2-6-103.2 of
Title 27A of the Oklahoma Statutes, unless there is created a
duplication in numbering.
SECTION 5. RECODIFICATION 82 O.S. 2021, Section
1085.30a, as amended by Section 7, Chapter 185, O.S.L. 2022 (82 O.S.
Supp. 2022, Section 1085.30a), shall be recodified as Section 2-6-
103.3 of Title 27A of the Oklahoma Statutes, unless there is created
a duplication in numbering.
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SECTION 6. This act shall become effective November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON ENERGY AND NATURAL RESOURCES,
dated 02/23/2023 - DO PASS, As Coauthored.