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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 120 By: Burns
AS INTRODUCED
An Act relating to animal feeding operations ;
amending 2 O.S. 2021, Sections 10 -9.5, as amended by
Section 1, Chapter 372, O.S.L. 2024 , and 20-45 (2
O.S. Supp. 2024, Section 10 -9.5), which relate to
application for registration and licensure for
certain feeding operations; requiring owner s and
operators to provide proof of residency to receive
registration or licensure; requiring certain
documentation for verification of residency; updating
statutory reference; updating statutory language; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 2 O.S. 20 21, Section 10-9.5, as
amended by Section 1, Chapter 372, O.S.L. 2024 (2 O.S. Supp. 2024,
Section 10-9.5), is amended to read as follows:
Section 10-9.5. A. The State Board of Agriculture shall
provide the necessary forms and applications for any person desiring
or required to register a poultry feeding operation or expanding
operation.
B. The application to register to operate a new or previously
unregistered poultry feeding operation or expanding operation shall
contain, at a minimum, the following inf ormation:
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1. Name and address of the owner and operator of the facility;
2. Name and address of the poultry feeding operation;
3. Number and type of poultry housed or confined;
4. Name and address of the integrator whose poultry will be
raised by the poultry feeding operation;
5. A diagram or map and legal description showing g eographical
location of the facility on which the perimeters of the facility are
designated, location of waters of the state, including, but not
limited to, drainage from the fac ility, poultry waste storage
facilities, and land -application sites owned or leased by the
applicant or which the applicant has contracted with for the
application of poultry waste;
6. A copy of the Nutrient Management Plan, or proof of
application for such plan, Best Management Practices or any other
plans authorized by the Oklaho ma Department of Agriculture, Food,
and Forestry;
7. A statement of ownership.
a. If the applicant is a corporation, the name and
address of the corporation and the name and add ress of
each officer and registered agent of the corporation
shall be included in the application.
b. If the applicant is a partnership or other legal
entity, the name and address of each partner and
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stockholder with an ownership interest of ten percent
(10%) or more shall be included in the statement.
c. The information contained i n the statement of
ownership shall be public information and shall be
available upon request from the Board;
8. In order to be considered a resident of this state for
purposes of registration, all registered owners and operators of the
facility shall provide proof of state residency for at least two (2)
years immediately preceding the date of application. Sufficient
documentation of proof of residency shall include a combination of
the following:
a. an unexpired state-issued driver license,
b. an unexpired state-issued identification card,
c. a utility bill preceding the date of application,
excluding cellular telephone and Internet bills,
d. a residential property deed to proper ty in this state,
and
e. a rental agreement preceding the date of application
for residential property located in this state .
The name on the application shall be reflected on all
documentation requested in this paragraph ;
9. The name and address of the p erson having day-to-day control
of the operation, if such person is not the ap plicant and is acting
as agent for the applicant;
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9. 10. An environmental history from the past three (3) years
of any poultry feeding operation established and operated by the
applicant or any other operation with common ownership in this state
or any other state;
10. 11. Environmental awards or citations received or pollution
prevention or voluntary remediation efforts undertaken by the
applicant; and
11. 12. Any other information or records required by the
Department for purposes of implementing the O klahoma Registered
Poultry Feeding Operations Act or rules promulgated pursuant
thereto.
C. In addition to other penalties as may be imposed by law, any
person who knowingly mak es any false statement, representation, or
certification in, omits material data from, or tampers with any
application for registration shall, upon conviction, be guilty of a
misdemeanor and may be subject to a fine not more than Ten Thousand
Dollars ($10,000.00) for each such violation.
D. The owner of a poultry feeding operation shall be
responsible for sending written notification to the Department upon
changing integrators.
E. For a transfer of registration to a new owner, the new owner
shall register the operation pursuant to the rules of the
Department.
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F. 1. All operators of poultry feeding operations and poultry
waste applicators shall attend educational courses on poultry waste
handling. All such operators and applicators shall attend
educational training on poultry waste management as provided by
Oklahoma State Universi ty through the Cooperative Extension Service.
All current and new operators and applicators shall receive the
initial nine (9) hours of training in the first year and two (2)
hours of continuing education every year until the operator or
applicator has received a total of nineteen (19) hours of training.
Any operator or applicator may attend more hours than is required;
however, those hours shall not be carried forward. Upon re ceiving
the nineteen (19) required hours, the operator or applicator shall
be required to receive two (2) hours of continuing education every
three (3) years. The Cooperative Extension Service shall develop
the educational training course to aid in certif ication. Curricula
for the training course will include the Cooperative Extension
Service waste management facts series and record books or their
current equivalent. Courses for poultry waste management shall
include the following topics:
a. environmental process relevant to protecting water
quality in poultry production,
b. basic handling systems to manage poultry waste from
all types of poultry operations,
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c. nutrient management, including sampling procedures,
application rate determination, equipment c alibration,
and record-keeping systems,
d. relevant laws and rules applicable to poultry waste
management in this state, and
e. any other related subject as determined by Oklahoma
State University in consultation with the Department.
2. At the completion of each course, the operator or applicator
shall receive a certification verif ying completion. The
certificates shall be kept on site for five (5) years.
3. Failure to obtain the initial nine -hour training and any
continuing education as provided in this subsection shall be deemed
a violation of the Oklahoma Registered Poultry Feeding Operations
Act for operators and the Oklahoma Poultry Waste Applicators
Certification Act for applicators.
4. All operators or applicators shall meet the educational
requirements of this section no later than December 31 of each year.
5. All operators and applicators are solely responsible for
obtaining and maintaining all educational requirements established
pursuant to the provisions of this subsection.
G. No integrator shall enter into any contract with an operator
of a poultry feeding operation who is not in compliance with the
education requirements of subsection F of this section.
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SECTION 2. AMENDATORY 2 O.S. 2021, Section 20 -45, is
amended to read as follows:
Section 20-45. A. The State Board of Agriculture shall ca use
to be prepared and available, for any person desiring or required to
apply for a license to operate a new or previously unlicensed animal
feeding operation, the necessary for ms and applications.
B. The application for a license to operate a new or previously
unlicensed animal feeding operation shall contain, as a minimum, the
following information:
1. Name and address of the owner and operator of the facility;
2. Name and address of the animal feeding operation;
3. Capacity in animal units, and numb er and type of animals
housed or confined;
4. A diagram or map and legal description showing geographical
location of the facility on which the perimeters of the facility are
designated, location of waters of the state, including, but not
limited to, drainage from the facility, animal waste storage
facilities and land application sites owned or leased by the
applicant;
5. A copy of the Pollution Prevention Plan containing an Ani mal
Waste Management Plan, Best Management Practices, or such other plan
authorized by the Oklahoma Concentrated Animal Feeding Operations
Act and approved by the Department;
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6. A copy of the written waiver by an adjacent property owner
to the facility releasing specified setback requirements as provided
by Section 44 of the Oklahoma Concentrated Animal Feeding Operations
Act; and
7. In order to be considered a resident of this state for
purposes of licensure, all licensed owners and operators of the
facility shall provide proof of state residency for at least two (2)
years immediately preceding the date of application. Sufficient
documentation of proof of residency shall include a combination of
the following:
a. an unexpired state-issued driver license,
b. an unexpired state-issued identification card,
c. a utility bill preceding the date of application,
excluding cellular telephone and Internet bills,
d. a residential property deed to property in this state,
and
e. a rental agreement preceding the date of application
for residential property located in this state .
The name on the application shall be reflected on all
documentation requested in this paragraph ; and
8. Any other information deemed necessary by the Oklahoma
Department of Agriculture, Food, and Forestry to administer the
provisions of the Oklahoma Concentrated Animal Feeding Operations
Act and rules promulgated pursuant thereto.
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C. 1. An application for renewal of a license to operate an
animal feeding operation shall be considered to be pr operly filed
when the Department has received a completed renewal application and
payment of fees from the applicant.
2. If the application for renewal is denied, written
notification of the denial and an opportunity for an administrative
hearing on the denial shall be given to the applicant by the
Department. The notification shall set forth the reasons for the
denial, steps necessary to meet the requirements for issuance of the
renewal license and the opportunity for the applicant to request an
administrative hearing.
D. For transfer of a license to a new owner or operator, the
following conditions shall be met:
1. The new owner or operator shall submit to the Department a
transfer application, attaching any change of conditions resulting
from the transfer of ownership or operation;
2. After receipt of the information required, the Department
shall review the information, and within sixty (60) days, issue
approval or denial of the transfer. Transfer of a license shall be
denied only if:
a. the new owner or operator cannot comply with the
requirements of transfer,
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b. the Department finds a material or substantial change
in conditions since the issuance of the original
license to operate the animal feeding operation,
c. failure of the new owner or operat or to meet any other
conditions or requirements for compliance established
by the Department pursuant to the Oklahoma
Concentrated Animal Feeding Operations Act and rules
promulgated pursuant thereto, or
d. the new owner or operator has failed to meet the
requirements of Section 48 of the Oklahoma
Concentrated Animal Feeding Operati ons Act 20-61 of
this title; and
3. If a transfer is denied, written notification of the denial
and an opportunity for an administrative hearing on the denial shall
be given to the applicant for a transfer license by the Department.
The notification shall set forth the reasons for the denial, steps
necessary to meet the requirements for a transfer license, and the
opportunity for the applicant to request an administrative hearin g;
and
4. Proof of residency provisions pursuant to paragraph 7 of
subsection B of this section.
E. Any suspension or revocation or nonrenewal of a license
issued pursuant to the Oklahoma Concentrated Animal Feeding
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Operations Act by the Board shall be m ade in accordance with Section
48 of this act 20-61 of this title.
F. In addition to other information required for issuance of a
new or transfer license, an application for a new or transfer
license for a concentrated animal feeding operation shall conta in
the following information:
1. a. A statement of ownership.
(1) If the applicant is a firm or partnership, the
name and address of each member thereof shall be
included in the application.
(2) If the applicant is a corporation, the name and
address of the corporation and the name and
address of each officer and registered agent of
the corporation shall be included in the
application.
(3) If the applicant is a partnership or other legal
entity, the name and address of each partner and
stockholder with an o wnership interest of ten
percent (10%) or more shall be included in the
statement.
b. The information contained in the statement of
ownership shall be public information and shall be
available upon request from the Board;
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2. The name and address of the ma nagement, if the management is
not the applicant and is acting as agent for the applicant;
3. a. An environmental history from the past three (3) years
of any concentrated animal or swine feeding operation
established and operated by the applicant or any o ther
operation with common ownership in this state or any
other state. The en vironmental history shall include
but not be limited to all citations, administrative
orders or penalties, civil injunctions or other civil
actions, criminal actions, past, curre nt and ongoing,
taken by any person, agency or court relating to
noncompliance with any environmental law, rule, agency
order, or court action relating to the operation of an
animal or swine feeding operation.
b. A copy of all records relating to the envir onmental
history required by this paragraph shall accompany the
application.
c. Noncompliance with a final agency order or final order
or judgment of a court of record which has been set
aside by a court on appeal of the final order or
judgment shall not b e considered a final order or
judgment for the purposes of this subsection;
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4. Environmental awards or citations received or pollution
prevention or voluntary remediation efforts undertaken by the
applicant; and
5. Any other information or records requir ed by the Department
for purposes of implementing the Oklahoma Concentrated An imal
Feeding Operations Act or rules promulgated pursuant thereto.
G. 1. In addition to other penalties as may be imposed by law,
any person who knowingly makes any false state ment, representation,
or certification in, omits material data from, or tampers with any
application for a license, or notice relating to the determination
of affected property owners, shall, upon conviction thereof, be
guilty of a misdemeanor and may be s ubject to a fine of not more
than Ten Thousand Dollars ($10,000.00) for each s uch violation. In
addition, the Department shall deny licensure to the applicant or
may require submission of a new application.
2. The responsibility for ensuring that all aff ected property
owners are notified pursuant to the provisions of this section shall
be upon the applicant.
SECTION 3. This act shall become effective November 1, 2025.
60-1-184 MR 12/27/2024 10:55:22 AM