Oklahoma 2024 Regular Session

Oklahoma House Bill HB3050 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	An Act
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	30	+	March 28, 2024
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3	34		BILL NO. 3050 By: Boles of the House
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5	36		and
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7	38		Green of the Senate
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16	43		An Act relating to petroleum storage tanks; amending
17	44		17 O.S. 2021, Section 310, which relates to
18	45		inspections and investigations; m odifying time frame
19	46		for appeal; removing certain statutory references;
20	47		and providing an effective date .
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23	50
24		-
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26		-	SUBJECT: Petroleum storage tanks
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28	51		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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30	52		SECTION 1. AMENDATORY 17 O.S. 2021, Section 310, is
31	53		amended to read as follows:
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33	54		Section 310. A. If upon inspection or investigation, or
34	55		whenever the Corporation Commission determines that there are
35	56		reasonable grounds to believe that a storage tank system owner,
36	57		operator or responsible person is in violation of the Oklahom a
37	58		Petroleum Storage Tank Consolidation Act or of any rule promulgated
38	59		pursuant thereto or of any order of the Commission, the Commission
39	60		shall give written notice or issue a Notice of Violation to the
40	61		alleged violator specifying the cause of complaint. Su ch notice
41	62		shall require that action or corrective action be immediately
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42	90		initiated. The notice shall be delivered to the alleged violator in
43	91		accordance with the provisions of subsection C of this section.
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45	92		B. 1. If action or corrective action is not taken in response
46		-	to the notice issued pursuant to subsection A of this section, the ~~ENR. H. B. NO. 3050 Page 2~~
	93	+	to the notice issued pursuant to subsection A of this section, the
47	94		Commission shall initia te proceedings and hold a hearing to
48	95		determine if:
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50	96		a. the alleged violator should be found in contempt or in
51	97		violation of Commission rules, requirements, enabling
52	98		statutes, and/or Commission orders,
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54	99		b. any permit or license issued to the alleged violator
55	100		should be suspended, revoked or not reissued, or
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57	101		c. whether any other appropriate relief should be
58	102		granted.
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60	103		2. Notice of the hearing shall be delivered t o the alleged
61	104		violator at least twenty (20) days prior to the time set for
62	105		hearing. The notice shall b e delivered to the alleged violator in
63	106		accordance with the provisions of subsection C of this section.
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65	107		3. After hearing, the Commission shall make findi ngs of fact
66	108		and conclusions of law, and enter its order reflecting its decision
67	109		in the matter. The order of the Commission shall become final and
68	110		binding on all parties unless appealed to the Supreme Court as
69	111		provided in Section 318 of Title 75 of the Okl ahoma Statutes within
70	112		sixty (60) thirty (30) days of the Commission 's order. Except as
71	113		otherwise provided by this section, Sections 319 through 322 of
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72	141		Title 75 of the Oklahoma Statutes shall be applicable to such
73	142		appeals.
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75	143		C. 1. Except as otherwise expre ssly provided by law, any
76	144		notice, order, or other instrument issued by or pursuant to
77	145		authority of the Commission may be served on any person affected
78	146		thereby personally, by publication, or by mailing a copy of the
79	147		notice, order, or other instrument by cer tified mail directed to the
80	148		person affected at the last -known post office address as shown by
81	149		the files or records of the Commission. Service shall be considered
82	150		complete if certified mail service is returned unclaimed,
83	151		undeliverable, unable to forward, v acant or refused. Proof of
84	152		service shall be made as in the case of service of a summons or by
85	153		publication or may be made by the affidavit of the person who did
86	154		the mailing.
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88	155		2. Such proof of service shall be filed in the court clerk 's
89	156		office of the Commis sion.
90		-	ENR. H. B. NO. 3050 Page 3
91	157		3. Every certificate or affidavit of service made and filed as
92	158		provided in this section shall be prima facie evidence of the facts
93	159		therein stated. A certified copy thereof shall have like force and
94	160		effect.
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96	161		SECTION 2. This act shall become effective November 1, 2024.
97		-	ENR. H. B. NO. 3050 Page 4
98		-	Passed the House of Representatives the 26th day of February,
99		-	2024.
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104		-	Presiding Officer of the House
105		-	of Representatives
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108		-	Passed the Senate the 17th day of April, 2024.
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113		-	Presiding Officer of the Senate
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116		-	OFFICE OF THE GOVERNOR
117		-	Received by the Office of the Governor this ____________________
118		-	day of ___________________, 20_______, at _______ o'clock _______ M.
119		-	By: _________________________________
120		-	Approved by the Governor of the St ate of Oklahoma this _________
121		-	day of ___________________, 20_______, at _______ o'clock _______ M.
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124		-	_________________________________
125		-	Governor of the State of Oklahoma
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127		-	OFFICE OF THE SECRETARY OF STATE
128		-	Received by the Office of the Secretary of State t his __________
129		-	day of ___________________, 20_______, at _______ o'clock _______ M.
130		-	By: _________________________________
131		-	ENR. H. B. NO. 3050 Page 5
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	162	+	COMMITTEE REPORT BY: COMMITTEE ON ENERGY AND TELECOMMUNICATIONS
	163	+	March 28, 2024 - DO PASS