HB3820 HFLR Page 1 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 HOUSE OF REPRESENTATIVES - FLOOR VERSION STATE OF OKLAHOMA 2nd Session of the 59th Legislature (2024) HOUSE BILL 3820 By: Sims of the House and Rader of the Senate AS INTRODUCED An Act relating to public safety; creating the Oklahoma Disaster Resilience Act; amending 63 O.S. 2021, Section 683.6, which relates to haz ard mitigation; creating the Interagency Resilience Coordination Council; directing the Oklahoma Department of Emergency Management lead council; directing each agency director designate a resilienc e officer; directing each presiding offic er of the Legislature designate a resilience officer; directing the Chief Justice of the Oklaho ma Supreme Court designate a resilience officer; directing resilience officers coordinate with Oklahoma Department of Emergency Management an d serve on Interagency Resilience Coordination Council; establishing council; providing details of meetings of coun cil; directing council to make recommendations and render assistance; directing Department of Emergency Management to serve a le ad resilience office; defining resilience; directi ng the Department of Emergency Management to ca rry out certain duties; directing the Department of Emergenc y Management to develop a strategic statewide resilience repor t; providing required information; directing for report to be updated; directing report be submitted by certain date annually; establishing the Oklahoma Resilience Task Force; directing that the task force be composed of certain members; directing for meetings; directing that the Department of Emergenc y Management submit initial state wide resilience HB3820 HFLR Page 2 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 report; providing for codification; providing an effective date; and declaring an emergency . 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 696.1 of Title 63, unless there is created a duplication in numbering, reads as follows: This act shall be known and may be cited as the "Oklahoma Natural Disaster Protection and Preparedness Act ". SECTION 2. AMENDATORY 63 O.S. 2021, Section 683.6, is amended to read as follows: Section 683.6 A. There is hereby created the State Hazard Mitigation Team Interagency Resilience Coordination Council, composed of the administrative heads of the following agencies or their designees and led by the Oklahoma Department of Emergency Management: 1. Oklahoma Department of Emergency Management, who shall serve as the Team Coordinator ; 2. Oklahoma Water Resources Board; 3. Oklahoma Climatological Survey; 4. Oklahoma Conservation Commission; 5. Corporation Commission; 6. Oklahoma Department of Commerce; 7. Department of Environmental Quality; HB3820 HFLR Page 3 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 8. Department of Human Services; 9. State Department of Health; 10. Department of Transportation; 11. Oklahoma Department of Agriculture, Food, and Forestry or the Secretary of Agriculture; 12. Department of Wildlife Conservation; 13. Oklahoma Historical Society; 14. Oklahoma Insurance Department; 15. Association of County Commissioners of Oklahoma; 16. Oklahoma Municip al League; 17. State Fire Marshal; 18. Department of Labor; 19. A local Emergency Management Director as determined by the President of the Oklaho ma Emergency Managem ent Association; 20. State Chancellor or his or her representative for The Oklahoma State System of Higher Education; and 21. State Director or his or her representative for the Oklahoma Department of Career and Technology Education 1. Each agency director in the executive branch of state government shall designate at leas t one person to serve as the agency's resilience officer and shall transmi t the name and contact information of each designee to the Oklahoma Department of Emergency Management and shall notify the Oklahoma Department of Emergency HB3820 HFLR Page 4 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Management of any change in the name or contact information of a designee within ten (10) days; 2. Each presiding officer of the Legislature shall designate at least one person to serve as the Legislature's resilience officer and shall transmit the name and contact information of each designee to the Oklahoma Department of Emergency Management and shall notify Oklahoma Department of Emergency Management of any change in the name or contact information of a desi gnee within ten (10) days; 3. The Chief Justice of the Oklahoma Supreme Court shall designate at least one person to serve as the judiciary 's resilience officer and shall transmit the name and contact information of each designee to the Oklahoma Department of Emergency Management and shall notify the Oklahoma Department of Emergency Managem ent of any change in the name or contact information of a designee within ten (10) days; 4. The agency resilience officers shall coordinate activities with the Oklahoma Department of Emergency Management as necessary and shall serve on the Interagency Res ilience Coordination Council as provided in this section of this act. B. Depending on the circumstances, the Team Coordinator may request participation of the heads of any other state agencies as deemed appropriate. C. The Team Coordinator shall also req uest that a representative of the United States Army Corps of Engineer s be HB3820 HFLR Page 5 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 appointed by the administrative head of the Tulsa District to participate on the Team. D. The Team Coordinator shall also request a representative of the U.S. Department of Housing and Urban Development be appointed by the administrative head of the Oklahoma City office to participate on the team. E. The State Hazard Mitigation Team will meet as determined by the Team Coordinator to review and recommend updates to the State Comprehensive All-hazard Mitigation Plan, and shall have those additional responsibilities as provided by t he Team Coordinator, including, but not limited to, the review and r ecommendation for loan and grant application under the Oklahoma Flood Hazard Mitigation Program. B. The Interagency Resilience Coordination Council is established to maintain awareness, communication, and alignment with regard to the state's resilience and risk mitigation needs, progress, and priorities, and to oversee development of the statewide resilience report. C. The council shall be comprised of the resilience officers from each state agency. The Oklahoma Department of Emergency Management shall serve as the chair. D. The council shall meet upon the call of the chair, with a minimum of four meetings annually. HB3820 HFLR Page 6 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 E. The council shall make recommendations to and render assistance and guidance to agenci es in the development o f strategic plans for resilience. F. The council will meet annually to: 1. Review and recommend updates to state mitigation and resilience planning efforts; 2. Provide support and assistance in the preparation and maintenance of the State Hazard Mitigation Pla n as required by the federal Disaster Mitigation Act of 2000, U.S.C 5121 , et seq., which requires all states to adopt and maintain a FEMA-approved State Hazard Mitigation Plan as a prerequisite for receiving federal disaster assistance under the Stafford Ac t; provide, however, the Oklahoma Department of Emergency Management shall be responsible for day to day execution of the Plan. SECTION 3. NEW LAW A new section of law to be codified in the Oklahoma Statutes as S ection 696.2 of Title 63, unless there is created a duplication in numbering, reads as follows: A. This act hereby instruct s the Oklahoma Department of Emergency Management to serve as the lead resilience office fo r the state and to perform the functions and duties provided in this act. B. For purposes of this ac t, the term "resilience" shall mean a capability to anticipate, prepare for, respond to, and recover from significant multi-hazard threats with minimal damage to social wel l- being, the economy, infrastructure, and the environment. HB3820 HFLR Page 7 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SECTION 4. NEW LAW A new section of law t o be codified in the Oklahoma Statutes as Section 696.3 of Title 63, unless there is created a duplication in numbering, reads as follows: The Oklahoma Department of Emergency Management shall : 1. Coordinate and provide strategic direction f or government resilience initiatives in order to build long-term resilience for a robust, vibrant economic activity and a sustainable natural environment for Oklahoma residents ; 2. Designate a resilience officer within the agency; 3. Provide technical guidance to agencies, as well as local and regional jurisdictions, to integrate statewide resilience goals into future projects, plans, and programs ; 4. Review and reconcile sta te agency comments on federally sponsored resilience and risk mitigation activities to establish and present an official state position; 5. Pursue all available federal and private funds consistent with the purposes of this act ; and 6. Appraise the adequacy of statutory and administr ative mechanisms for coordinati ng the state's policies and programs at both the intrastate and interstate levels with respect to resilience and risk mitigation; 7. Appraise the adequacy of federal, re gional, state, and local programs to achieve the policies and meet the goals of the st ate with respect to resilience and risk mitigation; HB3820 HFLR Page 8 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 8. Coordinate and focus federal involvement in Oklahoma with respect to resilience and risk mitigation; 9. Provide official state recommendations to the Legislature and United States Congress with respect to policies, programs, and coordinating mechanisms relative to resilience and risk mitigation; 10. Assist with the state 's planning efforts to ensure the incorporation and alignment of the state's resilience goals and objectives into a unified, proactive, pre-disaster approach to adaptation and long-term resilience; and 11. Represent the resilience and risk mitigation poli cy of the state at the federal, regional, state, and local levels. 12. Integrate resilience into pre -disaster planning and post- disaster recovery. SECTION 5. NEW LAW A new section of law to be codified in the Oklahoma Statu tes as Section 696.4 of Title 63, unless there is created a duplication in numbering, reads as fol lows: A. To coordinate and strengthen efforts to reduce losses from future disasters across the state, the Oklahoma Department of Emergency Management shall contribute to all statewide planning efforts related to resilience and risk mitigation and shall develop a strategic statewide resilience report to p rotect the state from multiple threats. The report shall include, but is not limited to, the following: 1. Articulation of the state's resilience goals and objectives; HB3820 HFLR Page 9 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2. Utilization of best available science, including a range of future projections, to identify and implement policies, projects, and programs that achieve the state's resilience goals and objectives; 3. Prioritization of agency-identified adaptation actions based on a vulnerability assessment of risks to agency mission areas, assets, services, and populations serve d from multiple envi ronmental threats; and 4. Descriptions of agency strategic actions; 5. Progress on activities identified in th e State Hazard Mitigation Plan. B. The statewide resilience report shall be updated every year with the latest available science and updated condi tions. C. The Oklahoma Department of Emergency Management shall submit the annual statewide resilie nce report to the Legislature by November 15 every year. SECTION 6. NEW LAW A new section of law to be codified in the Oklahoma Stat utes as Section 696.5 of Title 63, unless there is created a duplication in numbering, reads as follows: A. There is hereby established the Oklahoma R esilience Task Force to provide strategic direction to resilience efforts across the state. B. The task force shall be composed of the following members: HB3820 HFLR Page 10 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1. The Director of the Oklah oma Department of Emergency Management, who shall serve as chair and shall represent the views of the Interagency Resilience Coordination Council; 2. The Insurance Commissioner or their designee; 3. The Secretary of the Department of Transportation or their designee; 4. The Chair of the Oklahoma Corpora tion Commission or their designee; 5. The President of the Association of County Commissioners of Oklahoma or their designee; 6. The Executive Director of the Oklahoma Municipal League or their designee; 7. The Speaker of the Oklahoma House of Representatives or their designee; 8. The President pro-tempore of the Oklahoma State Senate or their designee; 9. The Chancellor of the Oklahoma State Regents for Higher Education or their designee; and 10. The Chair may appoint additional membership from state , local, tribal governments, the private sector, non-governmental organizations, and advisors from Federal agencies to serv e on the task force and shall incorporate State, local, and tribal government and private sector input in the development and revision of the State Hazard Mitigation Plan and other related plans and strategies. HB3820 HFLR Page 11 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 C. The Task Force shall meet quarterly and at the call of the chair. SECTION 7. NEW LAW A new section of law to be cod ified in the Oklahoma Statutes as Section 696.6 of Title 63, unless there is created a duplication in numbering, reads as follows: The Oklahoma Department of Emergency Management shall submit the initial statewide resilience report to the Legislature by October 1, 2025, and the chief resilience officer shall convene the first meeting of the Interagency Resilience Coordination Council no later than October 1, 2024. SECTION 8. This act shall become effective July 1, 2024. SECTION 9. It being immediately necessary for the preservation of the public peace, health or safety, an emergency is hereby declared to exist, by reason whereof t his act shall take effect and be in full force from and after its passage and approval. COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY, dated 02/20/2024 - DO PASS, As Coauthored.