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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
SENATE BILL 1781 By: Boren
AS INTRODUCED
An Act relating to water and water rights; creating
the Municipal Waterworks Repair Grant Program;
providing for certain priority scoring ; defining
term; providing for rescission of funds; providing
for certain notification ; requiring certain enti ties
to provide certain assistance ; creating the Municipal
Waterworks Repair Grant Program Revolving Fund;
stating purpose of fund; establishing f und source;
providing for allocation of certain funds; amending
68 O.S. 2021, Section 1353, as amended by Section 2,
Chapter 290, O.S.L. 2023 (68 O.S. Supp. 2023, Section
1353), which relates to the apportionment of sales
tax revenue; providing apportionme nt to the Municipal
Waterworks Repair Grant Program Revolving Fund;
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 37-129 of Title 11, unless there
is created a duplication in numbering, reads as follows:
A. 1. The Oklahoma Water Resources Board shall establish and
administer a Municipal Wa terworks Repair Grant Program. The Program
shall include development of competitive grants to be awarded to
municipalities seeking to maintain or repair existing w aterworks.
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The Board shall promulgate rules to effectuate the pr ovisions of
this section and award criteria for the Grant Program.
2. Grant applicants with a demonstrated lack of funds to
effectuate needed maintenance or repair of existing waterworks shall
be awarded a higher score in the grant awards process established by
the Board.
B. All grant awards authorized pursuant to the provisions of
this section shall include a clawback provision. For purposes of
this subsection, a “clawback provision” shall mean a condition
precedent to participate in the Progra m whereby a grant recipient
formally agrees to reimburse the Program all or part of a grant
award upon the failure of the recipient to fulfill contract terms
included in the grant award.
C. A municipal governing body of a municipality shall notify
the Oklahoma Water Resources Board, as well as the board of county
commissioners of the county in which such municipality is located,
if the municipal waterworks of the mun icipality are in need of
maintenance or repair. Such notification shall be done either via
mail or electronically. The Oklahoma Water Resources Board or the
board of county commissioners shall provide assistance to the
municipality in developing the application for the Program.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statute s as Section 37-130 of Title 11, unless there
is created a duplication in numbering, reads as follows:
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There is hereby created in the State Treasury a revolving fund
for the Oklahoma Water R esources Board to be designated the
“Municipal Waterworks Repair Grant Program Revolving Fund”. The
fund shall be a continuing fund, no t subject to fiscal year
limitations, and shall consist of all mo nies apportioned pursuant to
subsection D of Section 1353 of Title 68 of the Oklahoma Statutes.
All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the Board for the
purposes provided in this act. 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 S ervices for approval and payment.
SECTION 3. AMENDATORY 68 O.S. 2021, Section 1353, as
last amended by Section 2, Chapter 290, O.S.L. 2023 (68 O .S. Supp.
2023, Section 1353), is amended to read as follows:
Section 1353. A. It is hereby declared to be the purpose of
the Oklahoma Sales Tax Code to provide funds for the financing of
the program provided for by the Oklahoma Social Security Act and to
provide revenues for the support of the functions of the state
government of Oklahoma, and for this purpose it is hereby expressly
provided that, revenues derived pursuant to the provisions of the
Oklahoma Sales Tax Code, subject to the apportionment requirements
for the Oklahoma Tax Commission and Office of Management and
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Enterprise Services Joint Computer Enhancement Fund provided by
Section 265 of this title, shall be apportioned as follows:
1. Except as provided in subsection subsections C and D of this
section, the following amounts shall be paid to the State Treasurer
to be placed to the credit of the General Revenue Fund to be paid
out pursuant to direct appropriation by the Legislature:
Fiscal Year Amount
FY 2003 and FY 2004 86.04%
FY 2005 85.83%
FY 2006 85.54%
FY 2007 85.04%
FY 2008 through FY 2022 83.61%
FY 2023 through FY 2027 83.36%
FY 2028 and each fiscal year thereafter 83.61%;
2. The following amounts shall be paid to the State Treasurer
to be placed to the credit of the Education Reform Revolving Fund of
the State Department of Education:
a. for FY 2003, FY 2004 and FY 2005, ten and forty-two
one-hundredths percent (10.42%),
b. for FY 2006 through FY 2020, ten and forty-six one-
hundredths percent (10.46%),
c. for FY 2021:
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(1) for the month beginning July 1, 2020, through the
month ending August 31, 2020, ten and forty-six
one-hundredths percent (10.46%), and
(2) for the month beginning September 1, 2020,
through the month ending June 30, 2021, eleven
and ninety-six one-hundredths percent (11.96%),
d. for FY 2022 and each fiscal year thereafter, ten and
forty-six one-hundredths percent (10.46%);
3. The following amounts shall be paid to the State Treasurer
to be placed to the credit of the Teachers’ Retirement System
Dedicated Revenue Revolving Fund:
Fiscal Year Amount
FY 2003 and FY 2004 3.54%
FY 2005 3.75%
FY 2006 4.0%
FY 2007 4.5%
FY 2008 through FY 2020 5.0%
FY 2021:
a. for the month beginning July
1, 2020, through the month
ending August 31, 2020 5.0%
b. for the month beginning
September 1, 2020, through
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the month ending June 30,
2021 3.5%
FY 2022 5.0%
FY 2023 through FY 2027 5.25%
FY 2028 and each fiscal year thereafter 5.0%;
4. a. except as otherwise provided in subparagraph b of this
paragraph, for the fiscal year beginning July 1, 2022,
and for each fiscal year thereafter, eighty-seven one-
hundredths percent (0.87%) shall be paid to the State
Treasurer to be further apportioned as follows:
(1) twenty-four percent (24%) shall be placed to the
credit of the Oklahoma Tourism Promotion
Revolving Fund, but in no event shall such
apportionment exceed Five Million Dollars
($5,000,000.00) in any fiscal year,
(2) forty-four percent (44%) shall be placed to the
credit of the Oklahoma Tourism Capital
Improvement Revolving Fund, but in no event shall
such apportionment exceed Nine Million Dollars
($9,000,000.00) in any fiscal year, and
(3) thirty-two percent (32%) shall be placed to th e
credit of the Oklahoma Route 66 Commission
Revolving Fund, but in no event shall such
apportionment exceed Six Million Six Hundred
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Thousand Dollars ($6,600,000.00) in any fiscal
year, and
b. any amounts which exceed the limitations of
subparagraph a of this paragraph shall be placed to
the credit of the General Revenue Fund; and
5. For the fiscal year beginning July 1, 2015, and for each
fiscal year thereafter, six one-hundredths percent (0.06%) shall be
placed to the credit of the Oklahoma Historical Society Capital
Improvement and Operations Revolving Fund, but in no event shall
such apportionment exceed the total amount apportioned pursuant to
this paragraph for the fiscal year ending on June 30, 2015. Any
amounts which exceed the limitations of this paragraph shall be
placed to the credit of the General Revenue Fund.
B. Provided, for the fiscal year beginning July 1, 2007, and
every fiscal year thereafter, an amount of revenue shall be
apportioned to each municipality or county which levies a sales tax
subject to the provisions of Section 1357.10 of this title and
subsection F of Section 2701 of this title equal to the amount of
sales tax revenue of such municipality or county exempted by the
provisions of Section 1357.10 of this title and subsection F of
Section 2701 of this title. The Oklahoma Tax Commission shall
promulgate and adopt rules necessary to implement the provisions of
this subsection.
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C. From the monies that would otherwise be apportioned to the
General Revenue Fund pursuant to subsection A of this section, there
shall be apportioned the following amounts:
1. For the month ending August 31, 2019:
a. Nine Million Six Hundred Thousand Dollars
($9,600,000.00) to the credit of the State Highway
Construction and Maintenance Fund created in Section
1501 of Title 69 of the Oklahoma Statutes, and
b. Two Million Dollars ($2,000,000.00) to the credit of
the Oklahoma Railroad Maintenance Revolving Fund
created in Section 309 of Title 66 of the Oklahoma
Statutes;
2. For the month ending September 30, 2019:
a. Twenty Million Dollars ($20,000,000.00) to the credit
of the State Highway Construction and Maintenance Fund
created in Section 1501 of Title 69 of the Oklahoma
Statutes, and
b. Two Million Dollars ($2,000,000.00) to the credit of
the Oklahoma Railroad Maintenance Revolving Fund
created in Section 309 of Title 66 of the Oklahoma
Statutes;
3. For the month ending October 31, 2019:
a. Twenty Million Dollars ($20,000,000.00) to the credit
of the State Highway Construction and Maintenance Fund
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created in Section 1501 of Title 69 of the Oklahoma
Statutes, and
b. Two Million Dollars ($2,000,000.00) to the credit of
the Oklahoma Railroad Maintenance Revolving Fund
created in Section 309 of Title 66 of the Oklahoma
Statutes;
4. For the month ending November 30, 2019:
a. Twenty Million Dollars ($20,000,000.00) to the credit
of the State Highway Construction and Maintenance Fund
created in Section 1501 of Title 69 of the Oklahoma
Statutes, and
b. Two Million Dollars ($2,000,000.00) to the credit of
the Oklahoma Railroad Maintenance Revolving Fund
created in Section 309 of Title 66 of the Oklahoma
Statutes; and
5. For the month ending December 31, 2019:
a. Twenty Million Dollars ($20,000,000.00) to the credit
of the State Highway Construction and Maintenance Fund
created in Section 1501 of Title 69 of the Oklahoma
Statutes, and
b. Two Million Dollars ($2,000,000.00) to the credit of
the Oklahoma Railroad Maintenance Revolving Fund
created in Section 309 of Title 66 of the Oklahoma
Statutes.
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D. For the fiscal year ending June 30, 2025, and for subsequent
fiscal years, before any other apportionment otherwise required by
this section is made to the General Revenue Fund, there shall be
apportioned to the Municipal Waterworks Repair Grant Program
Revolving Fund created pursuant to Section 2 of this act the amount
of Two Hundred Fifty Million Dollars ($250,000,000.00).
SECTION 4. This act shall become effective July 1, 2024.
SECTION 5. It being immediately necessary for the p reservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof thi s act shall take effect and
be in full force from and after its passage and approval .
59-2-3228 MSBB 1/17/2024 2:23:50 PM