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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 92 By: Bullard
AS INTRODUCED
An Act relating to water and water rights; creating
the Water and Wastewater Infrastructure Investment
Program; directing rule promulgati on; providing for
certain priority scoring; defining terms; providing
for clawback of funds; requiring publication of
certain information; creating the Water and
Wastewater Infrastructure Investment Revolving Fund;
stating purpose of fund; establishing fun d source;
providing for allocation of certain funds; making an
appropriation to the Water and Wastewater
Infrastructure Investment Revolving Fund; providing
for codification; providing for noncodification;
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 1085.66 of Title 82, unless
there is created a duplication in number ing, reads as follows:
A. 1. The Oklahoma Water Resources Board shall estab lish and
administer a Water and Wastewater Infrastructure Investment Program.
The program shall include development of competitive loans for
eligible entities seeking to develop and implement water or
wastewater improvement projects. The Board shall promulgate rules
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to effectuate the provisions of this act and loan criteria for the
program.
2. Loan applications shall be ranked on criteria including, but
not limited to, the criti cal nature of the project, available
financing for the project, conservation and fiscal sustainability
efforts as demonstrated by participation in or completion of the
Long Range Sustainability Program administered by the Oklahoma Rural
Water Association, and pledge of matching funds, either through the
entity or a third-party source.
3. For the purposes of this section, “eligible entity” or
“eligible entities” means an eligible entity as defined pursuant to
Section 1085.32 of Title 82 of the Oklahoma Stat utes.
B. All loans authorized pursuant to the provisions of this act
shall include a clawback provision in the funding agreement with an
eligible entity. For purposes of this subsection, a “clawback
provision” shall mean a condition precedent to particip ate in the
program whereby a loan recipient agrees in writing, signed by all
parties, to reimburse the program all or any part of the loan
disbursed to the recipient upon the failure of the recipient to
fulfill loan contract terms.
C. The Board shall crea te and publish an interactive map on the
Board’s website displaying critical infrastructure needs and
proposed projects to be completed pursuant to the provisions of this
act. The map shall also display the status of proposed and approved
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projects, estimated completion dates, and any other information
deemed necessary by the Board.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1085.67 of Title 82, unless
there is created a duplication in numbering, reads as follows:
A. 1. There is hereby created in the State Tre asury a
revolving fund for the Oklahoma Water Resources Board to be
designated the “Water and Wastewater Infrastructure Investment
Revolving Fund”. The fund shall be a continuing fund, not subject
to fiscal year limitations, and shall consist of all monies
appropriated pursuant to Section 3 of this act. All monies accruing
to the credit of the fund are hereby appropriated and may be
budgeted and expended by the Board for the purp oses provided in this
act. The Board may enter into contracts with financial institutions
and execute such instruments as may be necessary to hold and
disseminate loan funds in accordance with applicable regulations and
Board policies.
2. Notwithstanding any other provisions of law, income and
investment return on fund principal and interest income and
repayment of principal on loans made from the balance of the fund
shall accrue to the fund.
B. 1. The Board may have full discretion of all monies within
the fund for enhancements, leveraging, and reserve capacities for
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the Board loan and grant programs, system evaluation and risk
assessment assistance, and long -range infrastructure planning.
2. The Board may reserve up to two percent (2%) per year from
the fund for the purpose of administering the Water and Wastewater
Infrastructure Investment Program. Any remaining funds may be
allocated to satisfy the purposes of paragraph 1 of this subsection.
C. The funds remaining following reserves and allocations made
pursuant to subsection B of this section shall be loaned to eligible
entities as prescribed by the program. Loan monies shall be
allocated based on the most current census data available from the
Federal Decennial Census or American Community Survey and shall be
as follows:
1. Twenty-five percent (25%) of the allocated funds shall be
for approved projects located within a municipality or county with a
population of more than four hundred thousand (400,000), or the
equivalent thereof for other eligib le entities as prescribed by the
Board;
2. Twenty-five percent (25%) of the allocated funds shall be
for approved projects located within a municipality or county with a
population that is greater than thirty thousand (30,000) but less
than four hundred thousand (400,000), or the equivalent thereof for
other eligible entities as prescribed by the Board; and
3. Fifty percent (50%) of the allocated funds shall be for
approved projects located within a municipality or county with a
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population of less than th irty thousand (30,000), or the equivalent
thereof for other eligible entities as prescribed by the Board.
SECTION 3. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
There is hereby appropri ated to the Water and Wastewater
Infrastructure Investment Revolving Fund from any monies not
otherwise appropriated from the General Revenue Fund of the State
Treasury for the fiscal year ending June 30, 2023, the sum of Five
Hundred Million Dollars ($500 ,000,000.00) or so much thereof as may
be necessary to perform the duties imp osed upon the Oklahoma Water
Resources Board by law.
SECTION 4. This act shall become effective July 1, 2025.
SECTION 5. It being immediately nec essary for the preservation
of the public peace, health or safety, an emergency 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.
60-1-116 RD 12/20/2024 2:42:58 PM