Oklahoma 2024 Regular Session

Oklahoma House Bill HB3820 Latest Draft

Bill / Amended Version Filed 04/08/2024

                             
 
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SENATE FLOOR VERSION 
April 4, 2024 
 
 
ENGROSSED HOUSE 
BILL NO. 3820 	By: Sims and Alonso-Sandoval of 
the House 
 
  and 
 
  Rader of the Senate 
 
 
 
 
 
An Act relating to public safety; creating the 
Oklahoma Disaster Resilience Act; amending 63 O.S. 
2021, Section 683.6, which relates to hazard 
mitigation; creating the Interagency Resilience 
Coordination Council; directing the Oklahoma 
Department of Emergency Management lead Council; 
directing each agency director designate a resilience 
officer; directing each pres iding officer of the 
Legislature designate a resilience officer; directing 
the Chief Justice of the Oklahoma Supreme Court 
designate a resilience officer; directing resilience 
officers coordinate with Oklahoma Department of 
Emergency Management and serve o n Interagency 
Resilience Coordination Council; establishing 
Council; providing details of meetings of Council; 
directing Council to make recommendations and render 
assistance; directing Department of Emergency 
Management to serve a lead resilience office; 
defining resilience; directing the Department of 
Emergency Management to carry out certain duties; 
directing the Department of Emergency Manageme nt to 
develop a strategic statewide resilience report; 
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 Emergency 
Management submit initial statewide resilience 
report; providing for codification; providing an 
effective date; and declaring an emergency.   
 
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BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
SECTION 1.     NEW LAW     A new section of law to b e 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 Climatologica l Survey; 
4.  Oklahoma Conservation Commission; 
5.  Corporation Commission; 
6.  Oklahoma Department of Commerce; 
7.  Department of Environmental Quality; 
8.  Department of Human Services;   
 
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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 Municipal League; 
17.  State Fire Marshal; 
18.  Department of Labor; 
19.  A local Emergency Management Director a s determined by the 
President of the Oklahoma Emergency Management Association; 
20.  State Chancellor or his or her representat ive 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 least one person to serve as the 
agency's resilience officer and shall transmit the name and contact 
information of each desig nee to the Oklahoma Department of Emergency 
Management and shall notify the Oklahoma Department of Emergency 
Management of any change in the name or contact information of a 
designee within ten (10) days ;   
 
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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 informa tion of each designee 
to the Oklahoma Department of Emergency Management and shall notify 
Oklahoma Department of Emergency Manage ment of any change in the 
name or contact information of a designee 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 Departme nt of Emergency Management 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 Resilience 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 request that a 
representative of the United States Army Corps of Engineers be 
appointed by the administrative head of the Tulsa District to 
participate on the Team.   
 
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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 updat es to the State 
Comprehensive All-hazard Mitigation Plan, and shall have those 
additional responsibilities as provided by the Tea m Coordinator, 
including, but not limited to, the review and recommendation for 
loan and grant application under the Oklahoma F lood 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 th e chair, with a 
minimum of four meetings annually. 
E.  The Council shall make recommendations to and render 
assistance and guidance to agencies in the development of strategic 
plans for resilience.   
 
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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 Plan as required by the 
federal Disaster Mitigation Act of 2000, U.S.C 5121, et seq., wh ich 
requires all states to adopt and maintain a F ederal Emergency 
Management Agency-approved State Hazard Mitigation Plan as a 
prerequisite for receiving federal disaster assistance under the 
Stafford Act; provide d, however, the Oklahoma Department of 
Emergency Management shall be responsible for day to day execution 
of the Plan. 
SECTION 3.     NEW LAW     A new sect ion of law to be codified 
in the Oklahoma Statutes as Section 696.2 of Title 63, unless there 
is created a duplication in numbe ring, reads as follows: 
A.  This act hereby instructs the Oklahoma Department of 
Emergency Management to serve as the lead resilience office for the 
state and to perform the functions and duties provided in this act. 
B.  For purposes of this act, 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 well -
being, the economy, infrastructure, and the environment.   
 
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SECTION 4.     NEW LAW     A new section of law to 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 strateg ic direction for 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 state agency comments on federally 
sponsored resilience and risk miti gation activities to establish and 
present an official state position; 
5.  Pursue all available federal and private funds consist ent 
with the purposes of this act; and 
6.  Appraise the adequacy of statutory and administrative 
mechanisms for coordinating th e 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, regional, state, and local 
programs to achieve the policies and meet the goals of the state 
with respect to resilience and risk mitigation;   
 
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8.  Coordinate and focus federal involvement in Oklahoma with 
respect to resilienc e 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, p re-disaster approach to 
adaptation and long-term resilience; 
11.  Represent the resilience and risk mitigation policy of the 
state at the federal, regional, state, and local levels ; and. 
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 Statutes as Section 696.4 of Title 63, unless there 
is created a duplication in numbering, reads as follows: 
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 protect 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;   
 
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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 served from multiple environmental 
threats; 
4.  Descriptions of agency strategic actions; and 
5.  Progress on activities identified in the State Hazard 
Mitigation Plan. 
B.  The statewide resilience report shall be updated every y ear 
with the latest available science and updated conditions. 
C.  The Oklahoma Department of Emergency Management shall submit 
the annual statewide resilience report to the Legislature by 
November 15 every year. 
SECTION 6.     NEW LAW     A new section of law to be codified 
in the Oklahoma Statutes 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 Resilience Task 
Force to provide strategic directio n to resilience efforts across 
the state. 
B.  The task force shall be composed of the following members:   
 
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1.  The Director of the Oklahoma Department of Emergency 
Management, who shall serve as chair and shall represent the views 
of the Interagency Resilien ce 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 Corporation 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 serve on the 
task force and shall incorporate State, local, and tribal governmen t 
and private sector input in the development and revision of the 
State Hazard Mitigation Plan and other related plans and stra tegies.   
 
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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 codified 
in the Oklahoma Statutes as Section 696.6 of Title 63, unless there 
is created a duplication in num bering, 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 Resili ence 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 eme rgency is hereby 
declared to exist, by reason whereof this act shall take effect and 
be in full force from and after its passage and approval. 
COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY 
April 4, 2024 - DO PASS