reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 26. Elections › §26-22-109. Certificate of vote.

A. In a declared election emergency when the ballots are to be counted manually, at the conclusion of the official count, the counters shall execute certificates of vote wherein the counters attest to the correctness of the totals. The inspector shall cause one copy of each certificate to be posted on the door or entrance of the polling place and shall cause one copy of each certificate to be transmitted forthwith to the Secretary of the State Election Board. The secretary of the county election board shall cause one copy of each absentee certificate of vote to be posted on the door of the county election board office.
B. In a declared election emergency when ballots are to be counted with voting devices, the certificates of vote shall be produced as required by Section 7-132 of this title and the procedures prescribed by the Secretary of the State Election Board.
Added by Laws 1991, c. 321, § 49, eff. March 1, 1992. Amended by Laws 2011, c. 139, § 22.
2023 Oklahoma Statutes › Title 26. Elections › §26-22-110. Ballots and materials placed in ballot transfer box - Return to county election board.

In a declared election emergency, all ballots and all materials used in conducting the official count shall be placed in a ballot transfer box. The ballot transfer box shall be sealed in the manner prescribed by the Secretary of the State Election Board, and the inspector shall return it, along with all other election materials and a copy of each certificate of vote, forthwith to the county election board.
Added by Laws 1991, c. 321, § 50, eff. March 1, 1992. Amended by Laws 2011, c. 139, § 23.
2023 Oklahoma Statutes › Title 27. Eminent Domain › §27-1. State lands subject to right of eminent domain

The lands set apart for the use and benefit of the State of Oklahoma for public schools, for public buildings and educational institutions, either by congressional enactment or executive reservation, are hereby declared to be subject to the right of eminent domain in behalf of any public enterprises now authorized by law to condemn private property for sewers, railroads, side tracks, station grounds and other municipal or corporate public uses, and all of the laws of this state with reference to the taking of private property for public use are hereby made applicable to the said lands.
R.L. 1910, § 3183. Amended by Laws 2016, c. 117, § 1.
2023 Oklahoma Statutes › Title 27. Eminent Domain › §27-2. Condemnation procedure for state lands.

Before any public corporation, municipality or other entity or person authorized to exercise the right of eminent domain under existing law, shall have the right to condemn or take any part of such lands, a plat of the grounds proposed to be taken, showing the part of the particular subdivision, shall be prepared and filed with the Governor of said state, together with a sworn statement of the engineer or superintendent in charge of such public work, that the taking of such lands is necessary to the exercise of the powers of such municipality or corporation; and it shall be the duty of the Governor to appoint three disinterested persons, resident householders of the county in which such land is located, who shall first take an oath to fairly and impartially appraise the value of the ground so taken, and the damage to the remaining parts of such subdivision by the taking thereof, and the said appraisers shall notify the Governor and the officers of such corporation of the time and place when they will proceed to appraise such damage, and at such time and place, upon actual view of the premises, the said appraisers shall meet and appraise the damage, in writing, and return one copy thereof under their signatures to the Governor of the state, and one copy to the principal officer of such corporation or municipality in charge of such construction, and if either party is aggrieved they may, within ten (10) days, appeal to the district court of the county where such land is located, in the same manner that appeals are taken from judgment of justices of the peace, where the amount of such damage shall be tried by a jury, as other causes are tried. In case no appeal is taken from the award of such appraisers, such corporation or municipality shall have the right to occupy such grounds by the paying into the State Treasury the amount of such award. In case either party appeals, such corporation or municipality shall have the right to occupy such grounds upon giving bond in treble the amount of the award, with sureties to be approved by the clerk of the district court where such appeal is pending, to the effect that the corporation or municipality will pay said award if such appeal be dismissed, or shall pay any judgment finally rendered in said action if the same shall be tried.
R.L. 1910, § 3184.
2023 Oklahoma Statutes › Title 27. Eminent Domain › §27-3. Compensation of appraisers of state lands

The said appraisers shall receive compensation for the time actually engaged in making such appraisement, to be verified by them under their oath, and which shall be paid, in addition to the award, by the company or corporation requiring their services.
R.L. 1910, § 3185. Amended by Laws 2016, c. 117, § 2.
2023 Oklahoma Statutes › Title 27. Eminent Domain › §27-4. Water-power companies - Right of eminent domain.

Any water power company, organized under the laws of this state, shall have power to exercise the right of eminent domain in like manner as railroad companies, for the purpose of securing sites for the erection of water power plants, together with the necessary dams over any nonnavigable stream and sites for the storage of water, and of securing rights-of-way for the necessary flumes and conduits for the purpose of conducting water for public or private consumption, and generating power, and for the purpose of securing rights-of-way for poles, wire and cables for transferring and transmitting electricity generated by water.
R.L. 1910, § 3187.
2023 Oklahoma Statutes › Title 27. Eminent Domain › §27-5. Local governments and cemeteries - Eminent domain.

Any county, city, town, township, school district, or board of education, or any board or official having charge of cemeteries created and existing under the laws of this state, shall have power to condemn lands in like manner as railroad companies, for highways, rights-of-way, building sites, cemeteries, public parks and other public purposes.
R.L. 1910, § 3188.
2023 Oklahoma Statutes › Title 27. Eminent Domain › §27-7. Light, heat or power by electricity or gas - Eminent domain same as railroads.

A. Except as otherwise provided in this section, any person, firm or corporation organized under the laws of this state, or authorized to do business in this state, to furnish light, heat or power by electricity or gas, or any other person, association or firm engaged in furnishing lights, heat or power by electricity or gas shall have and exercise the right of eminent domain in the same manner and by like proceedings as provided for railroad corporations by laws of this state.
B. The power of eminent domain shall not be used for the siting or building of wind turbines on private property.
Added by Laws 1917, c. 230, p. 431, § 3, emerg. eff. March 5, 1917. Amended by Laws 2011, c. 200, § 1.
2023 Oklahoma Statutes › Title 27. Eminent Domain › §27-7.10. Public utility lines - Relocating, rerouting, construction changes, etc. - Expenses and expenditures

In the event a common carrier, in the exercise of the power of eminent domain, or any other power granted hereunder, makes necessary the relocation, raising, lowering, rerouting, or changing the grade of, or altering the construction of any electric transmission or telephone lines, railroads, or properties and facilities, or pipeline, all such relocation, raising, lowering, rerouting, changing of grade or alteration of construction shall be accomplished at the sole expense of such common carrier . The term "sole expense" shall mean the actual cost of such relocation, raising, lowering, rerouting, or change in grade or alteration of construction in providing comparable replacement without enhancement of such facilities, after deducting therefrom the net salvage value derived from the old facility.
Added by Laws 1977, c. 25, § 10, eff. Oct. 1, 1977. Amended by Laws 2016, c. 117, § 3.
2023 Oklahoma Statutes › Title 27. Eminent Domain › §27-8. Common carriers - Joint or union station or terminal.

Any person, firm or corporation organized under the laws of this state, or authorized to do business in this state, to furnish transportation of persons as common carriers, with permission of the Corporation Commission, after hearing and showing that public necessity and convenience requires the establishment of a joint or union station or terminal at any point served, shall have and exercise the right of eminent domain to acquire joint user of any existing bus station or terminal property, in the same manner provided by law for the exercise of eminent domain by railroad corporations.
Laws 1951, p. 65, § 1.
2023 Oklahoma Statutes › Title 27. Eminent Domain › §27-10. Reimbursement of owner for expenses after acquisition.

Any person, agency or other entity acquiring real property for public use under the laws of this state shall, as soon as practicable after the date of payment of the purchase price or the date of deposit into court of funds to satisfy the award of compensation in a condemnation proceeding to acquire real property, whichever is the earlier, reimburse the owner for expenses he necessarily incurred for:
1. Recording fees, transfer taxes and similar expenses incidental to conveying such real property;
2. Penalty costs for prepayment for any preexisting recorded mortgage entered into in good faith encumbering such real property; and
3. The pro rata portion of real property taxes paid which are allocable to a period subsequent to the date of vesting title in the acquiring entity, or the effective date of possession of such real property by the acquiring entity, whichever is the earlier.
Laws 1971, c. 355, § 2, eff. July 1, 1972.
2023 Oklahoma Statutes › Title 27. Eminent Domain › §27-11. Reimbursement of expenses when property not acquired.

Where a condemnation proceeding is instituted by any person, agency or other entity to acquire real property for use as provided in Section 9 of this title and
1. The final judgment is that the real property cannot be acquired by condemnation;
2. The proceeding is abandoned; or
3. If the award of the jury exceeds the award of the court-appointed commissioners by at least ten percent (10%), the owner of any right, title or interest in such real property may be paid such sum as in the opinion of the court will reimburse such owner for his reasonable attorney, appraisal and engineering fees, actually incurred because of the condemnation proceedings. Such determination by the court shall be appealable to the Supreme Court in the same manner as any other final order. The final award of such sums will be paid by the person, agency or other entity which sought to condemn the property.
Laws 1971, c. 355, § 3, eff. July 1, 1972; Laws 1975, c. 354, § 1, eff. Oct. 1, 1975.
2023 Oklahoma Statutes › Title 27. Eminent Domain › §27-12. Inverse condemnation proceedings - Reimbursement of expenses.

Where an inverse condemnation proceeding is instituted by the owner of any right, title or interest in real property because of use of his property in any public program or project described in Section 1 of this act, the court, rendering a judgment for the plaintiff in such proceeding and awarding compensation for the taking of property, or the state's attorney effecting a settlement of any such proceeding, shall determine an award or allow to such plaintiff, as a part of such judgment or settlement, such sum as will, in the opinion of the court or the acquiring entity's attorney, respectively, reimburse such plaintiff for his reasonable costs, disbursements and expenses, including reasonable attorney, appraisal and engineering fees, actually incurred because of such proceeding. A determination by the court shall be appealable to the Supreme Court in the same manner as any other final order.
Laws 1971, c. 355, § 4, eff. July 1, 1972.
2023 Oklahoma Statutes › Title 27. Eminent Domain › §27-14. Buildings, structures and other improvements - Taking with real property.

A. Where any interest in real property is acquired, an equal interest shall be acquired in all buildings, structures or other improvements located upon the real property which are required, by the head of the acquiring entity, to be removed from such real property or which he determines to be adversely affected by the use to which such real property will be put.
B. For the purpose of determining the just compensation to be paid for any building, structure or other improvement required to be acquired as by subsection A of this section, such building, structure or other improvement shall be deemed to be a part of the real property to be acquired notwithstanding the right or obligation of a tenant, as against the owner of any other interest in the real property, to remove such building, structure or improvement at the expiration of his term, and the fair market value which such building, structure or improvement contributes to the fair market value of the real property to be acquired or the fair market value of such building, structure or improvement for removal from the real property, whichever is the greater, shall be paid to the tenant therefor.
C. Payment under this section shall not result in duplication of any payments otherwise authorized by law. No such payment shall be made unless the owner of the land involved disclaims all interest in the improvements of the tenant. In consideration for any such payment, the tenant shall assign, transfer and release to the acquiring entity all his right, title and interest in and to such improvements. Nothing in this section shall be construed to deprive the tenant of any rights to reject payment under this section and to obtain payment for such property interests in accordance with applicable law other than this section.
Laws 1971, c. 355, § 6, eff. July 1, 1972.
2023 Oklahoma Statutes › Title 27. Eminent Domain › §27-16. Just compensation defined.

A. In every case wherein private property is taken or damaged for public use, the person whose property is taken or damaged shall be entitled to just compensation.
B. "Just compensation", as used in subsection A of this section, shall mean the value of the property taken, and in addition, any injury to any part of the property not taken. Any special and direct benefits to the part of the property not taken may be offset only against any injury to the property not taken. If only a part of a tract is taken, just compensation shall be ascertained by determining the difference between the fair market value of the whole tract immediately before the taking and the fair market value of that portion left remaining immediately after the taking.
Added by Laws 1991, c. 175, § 1, emerg. eff. May 8, 1991.
2023 Oklahoma Statutes › Title 27. Eminent Domain › §27-17. Resale of surplus eminent domain property.

A. In the event that a portion of the total amount of real property taken by eminent domain under the procedures set forth in Title 27 of the Oklahoma Statutes for a public purpose as described in Section 9 of Title 27 of the Oklahoma Statutes is not used for the purposes for which it was condemned or for another public use by the agency or other entity which acquired the real property, the portion of the real property that is not used shall be declared surplus and shall be first offered for resale to the person from whom the property was taken or the heirs of the person at the appraised value or the original price at which the acquiring agency or entity purchased that portion of the property, whichever is less.
B. For purposes of complying with subsection A of this section, the agency or entity which acquired the real property by condemnation shall notify the former landowner of the right of first refusal by sending notice by certified mail, return receipt requested, to the last-known address of the person as provided by the person. If the mail is returned as not subject to delivery or the former landowner is deceased, notice of the right of first refusal shall be provided by publication in a newspaper of general circulation in the community where the real property is located. The notice shall contain the name of the former landowner and a legal description of the surplus property. If the offer to repurchase is not accepted within ninety (90) days from the date of notice or if the offer to repurchase is not accepted from the date the resale price on the property is determined, the property may then be sold at public sale.
C. This section shall not apply to conveyances for redevelopment under Sections 38-101 through 38-123 of Title 11 of the Oklahoma Statutes.
Added by Laws 2011, c. 329, § 1, eff. Nov. 1, 2011.
2023 Oklahoma Statutes › Title 27. Eminent Domain › §27-18. Landowner’s Bill of Rights.

A. The Attorney General shall prepare a written statement that includes a “Landowner’s Bill of Rights” for a property owner whose real property may be acquired by a person, acquiring agency, or other entity through the use of the entity’s eminent domain authority under Title 27 or Title 66 of the Oklahoma Statutes. The statement shall be made available to the public and written in plain language designed to be easily understood by the average property owner.
B. The Landowner’s Bill of Rights shall notify each property owner of the right to:
1. Notice of the proposed acquisition of the owner’s property;
2. A bona fide good-faith effort to negotiate by the entity proposing to acquire the property;
3. An assessment of damages to the owner that will result from the taking of the property;
4. A hearing under Title 27 of the Oklahoma Statutes, including a hearing on the assessment of damages; and
5. An appeal of a judgment in a condemnation proceeding, including an appeal of an assessment of damages.
C. The statement shall include:
1. The title “Landowner’s Bill of Rights”; and
2. A description of:
a.
the condemnation procedures provided by Title 27 of the Oklahoma Statutes,
b.
the condemning entity’s obligations to the property owner, and
c.
the property owner’s options during a condemnation, including the property owner’s right to object to and appeal an amount of damages awarded.
Added by Laws 2012, c. 160, § 1.
2023 Oklahoma Statutes › Title 27. Eminent Domain › §27-19. Notice to landowner – Groundwater rights.

Condemning authorities seeking to acquire surface rights for a public purpose shall provide written notice to the landowner subject to the acquisition that the landowner may elect to retain, through severance, the groundwater rights, if any, that are attached to the property to be acquired. If the landowner elects to retain such groundwater rights, the acquisition shall be limited to surface rights and exclude groundwater rights; however, an owner of groundwater rights shall not have a right of access to the acquired surface rights and no person may construct, maintain or operate any water well, drilling equipment or lines on or under the surface acquired by the condemning authority without the express written permission of the condemning authority. Notwithstanding the foregoing, this provision shall not apply to a condemning authority that is seeking to acquire groundwater rights based on an affidavit of need or resolution of necessity that sets out an expressly stated need and purpose for the acquisition of such groundwater rights.
Added by Laws 2020, c. 2, § 1, eff. Nov. 1, 2020.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-1-1-101. Short title.

Chapter 1 of this title shall be known and may be cited as the "Oklahoma Environmental Quality Act".
Added by Laws 1992, c. 398, § 1, emerg. eff. June 12, 1992. Amended by Laws 1993, c. 145, § 1, eff. July 1, 1993. Renumbered from § 1 of this title by Laws 1993, c. 145, § 359, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-1-1-102. Purpose of act.

The purpose of the Oklahoma Environmental Quality Act is to provide for the administration of environmental functions which will:
1. Provide that environmental regulatory concerns of industry and the public shall be addressed in an expedient manner;
2. Improve the manner in which citizen complaints are tracked and resolved;
3. Better utilize state financial resources for environmental regulatory services; and
4. Coordinate environmental activities of state environmental agencies.
Added by Laws 1992, c. 398, § 2, emerg. eff. June 12, 1992. Amended by Laws 1993, c. 145, § 2, eff. July 1, 1993. Renumbered from § 2 of this title by Laws 1993, c. 145, § 359, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-1-1-203. State environmental agencies - Establishment of rules for issuance or denial of permits or licenses and complaint resolution.

A. Each state environmental agency and each state agency with limited environmental responsibilities, within its areas of environmental jurisdiction, shall promulgate, by rule, time periods for issuance or denial of permits and licenses that are required by law. Any such matter requiring an individual proceeding shall be resolved in accordance with the rules of the agency and any applicable statutes. The rules shall provide that such time periods shall only be extended by agreement with the licensee or permittee or if circumstances outside the agency's control prevent that agency from meeting its time periods. If the agency fails to issue or deny a permit or license within the required time periods because of circumstances outside of the agency's control, the agency shall state in writing the reasons such licensing or permitting is not ready for issuance or denial.
B. 1. Each state environmental agency and each state agency with limited environmental responsibilities shall promulgate rules establishing time periods for complaint resolution as required by law.
2. Complaints received by any state environmental agency or state agency with limited environmental responsibilities concerning a site or facility permitted by or which clearly falls within the jurisdiction of another state environmental agency or state agency with limited environmental responsibilities shall be immediately referred to the appropriate agency for investigation and resolution. Such investigation shall be made by the appropriate division and employees of the appropriate agency.
C. Any person, as defined in Section 2-1-102 of this title, who performs environmental investigation or remediation work which is regulated by the Corporation Commission, must first receive a license for performing investigative or remediation work from the Corporation Commission.
Added by Laws 1992, c. 398, § 11, emerg. eff. June 12, 1992. Amended by Laws 1993, c. 145, § 5, eff. July 1, 1993. Renumbered from § 11 of this title by Laws 1993, c. 145, § 359, eff. July 1, 1993; Laws 1999, c. 413, § 15, eff. Nov. 1, 1999; Laws 2005, c. 435, § 27, eff. Nov. 1, 2005.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-1-1-204. State environmental agencies - Complaint investigation and response process - Rules - False complaints.

A. Each state environmental agency and each state agency with limited environmental responsibilities shall develop, implement and utilize a complaint investigation and response process that will ensure all state environmental agencies with authority to investigate, mitigate and resolve complaints, respond to complaints in a timely manner by initiating appropriate action and informing the complainant regarding potential actions that may occur. Complainants shall also be notified, in writing:
1. Of the resolution of the complaint; and
2. Of the complainant's options for further resolution of the complaint if such complainant objects or disagrees with the actions or decision of the agency.
B. Rules to implement such system shall be promulgated by each state environmental agency.
C. 1. It shall be unlawful for any person to knowingly and willfully file a false complaint with a state environmental agency or to knowingly and willfully misrepresent material information to a state environmental agency or a state agency with limited environmental responsibilities relating to a complaint.
2. Any person filing such false complaint or misrepresenting such material information shall be deemed guilty of a misdemeanor and may be reported to local law enforcement for criminal investigation and, upon conviction thereof, shall be punished by a fine of not more than Two Thousand Five Hundred Dollars ($2,500.00) or by imprisonment in the county jail for a term of not more than sixty (60) days or both such fine and imprisonment.
Added by Laws 1992, c. 398, § 5, emerg. eff. June 12, 1992. Amended by Laws 1993, c. 145, § 6, eff. July 1, 1993. Renumbered from § 5 of this title by Laws 1993, c. 145, § 359, eff. July 1, 1993. Amended by Laws 1996, c. 158, § 1, eff. Nov. 1, 1996; Laws 1999, c. 413, § 16, eff. Nov. 1, 1999.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-1-1-205. State environmental agencies - Transferred and assigned programs and functions - Unexpired or unrevoked licenses, permits, certifications or registrations - Existing rights, obligations and remedies - Existing orders, claims or causes of action.

A. With regard to all programs and functions transferred and assigned among the state environmental agencies pursuant to Section 1-3-101 of this title, all agency rules, including fee schedules for state and county, relating to such programs and functions are hereby transferred to the receiving agency for the purpose of maintaining and operating such programs and functions. Such rules shall remain in effect only until June 30, 1994, at which time such transferred rules will terminate unless earlier superseded by rules promulgated by the receiving agency. By February 1, 1994, each agency receiving programs or functions shall have adopted new permanent rules to implement the programs and functions within the jurisdiction of the agency pursuant to Section 1-3-101 of this title.
B. Unexpired or unrevoked licenses, permits, certifications or registrations issued prior to July 1, 1993, shall remain valid for stated terms and conditions until otherwise provided by law. Such licenses, permits or registrations shall be subject to the laws and rules of the state agency to which jurisdiction over such licenses, permits or registrations are transferred pursuant to the Oklahoma Environmental Quality Act.
C. All rights, obligations and remedies arising out of laws, rules, agreements and causes of action are also transferred to such agency.
D. Nothing in the Oklahoma Environmental Quality Act shall operate to bar or negate any existing order, claim or cause of action transferred or available to any state environmental agency or its respective predecessor, nor shall it operate to affect enforcement action undertaken by any program, division or service prior to such transfer to any state environmental agency. Violations of provisions of law now contained in this title, and violations of rules, permits or final orders which occurred prior to the transfer of jurisdiction and authority to any state environmental agency shall be subject to penalties available and existing at the time of violation.
E. Any application pending on June 30, 1993, before the Oklahoma Water Resources Board or the State Department of Health for a permit or license over which the Department has jurisdiction is hereby transferred to the Department and shall be subject to the Oklahoma Environmental Quality Code.
F. All permit applications filed with the Oklahoma Water Resources Board on or before June 30, 1993, for which no permit has been issued by the Oklahoma Water Resources Board for the land application of industrial waste, sludge or wastewater shall be subject to the requirements of this Code.
Added by Laws 1992, c. 398, § 12, eff. July 1, 1993. Amended by Laws 1993, c. 145, § 9, eff. July 1, 1993. Renumbered from § 12 of this title by Laws 1993, c. 145, § 359, eff. July 1, 1993. Amended by Laws 1993, c. 324, § 8, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-1-1-206. Economic impact and environmental benefit statements.

A. Each state environmental agency in promulgation of permanent rules within its areas of environmental jurisdiction, prior to the submittal to public comment and review of any rule that is more stringent than corresponding federal requirements, unless such stringency is specifically authorized by state statute, shall duly determine the economic impact and the environmental benefit of such rule on the people of the State of Oklahoma including those entities that will be subject to the rule. Such determination shall be in written form.
B. Such economic impact and environmental benefit statement of a proposed permanent rule shall be issued prior to or within fifteen (15) days after the date of publication of the notice of the proposed permanent rule adoption. The statement may be modified after any hearing or comment period afforded pursuant to Article I of the Administrative Procedures Act.
C. The economic impact and environmental benefit statement shall be submitted to the Governor pursuant to Section 303.1 of Title 75 of the Oklahoma Statutes and to the Legislature pursuant to Section 308 of Title 75 of the Oklahoma Statutes. Such reports submitted to the Governor and to the Legislature shall include a brief summary of any public comments made concerning the statement and any response by the agency to the public comments demonstrating a reasoned evaluation of the relative impacts and benefits of the more stringent regulation.
Added by Laws 1994, c. 96, § 1, eff. Sept. 1, 1994.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-1-1-207. Kyoto Protocol – Implementation – Ratification by United States Senate.

A. Neither the legislative or executive branch of the State of Oklahoma shall take actions to implement the Kyoto Protocol until such time as the Kyoto Protocol has been ratified by the United States Senate or otherwise enacted into law.
B. Nothing in this section shall:
1. Be construed to limit or to impede state or private participation in any ongoing voluntary initiatives to reduce greenhouse gases, including, but not limited to, the United States Environmental Protection Agency’s Green Lights program, the United States Department of Energy’s Climate Challenge program and similar state and federal initiatives relying on voluntary participation; provided, however, that such participation does not involve any allocation or other distribution of greenhouse gas emission entitlements pursuant to or under color of the Kyoto Protocol; or
2. Prohibit industry from complying with the Oklahoma Clean Air Act as it exists or may be amended, or prohibit the Department of Environmental Quality from carrying out its duties under the Oklahoma Clean Air Act as it exists or may be amended, or prohibit the Environmental Quality Board from promulgating rules to maintain or achieve compliance with the Federal Clean Air Act as it exists or may be amended.
C. This section shall remain in full force and effect until repealed by the Legislature of the State of Oklahoma, or until such time as the Kyoto Protocol is ratified by the United States Senate.
Added by Laws 1999, S.J.R. No. 6, § 1, emerg. eff. April 26, 1999.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-1-2-102. Coordination of monitoring of lakes - Identification of eutrophic lakes - Discharge of wastewater into eutrophic lake - Penalties - Order of suspension and forfeiture.

A. The Office of the Secretary of the Environment shall coordinate monitoring lakes in the State of Oklahoma and identify those lakes which it determines to be eutrophic as defined by Oklahoma's Water Quality Standards.
B. No person may discharge wastewaters from a point source within or outside of this state which will foreseeably enter a lake in this state which has been identified as eutrophic by the Oklahoma's Water Quality Standards without subjecting such wastewaters to the best available technology as identified in the federal Clean Water Act for nitrogen and phosphorous. The Office of the Secretary of the Environment shall coordinate the monitoring of all lakes it identifies as eutrophic and notify by certified mail any person who discharges wastewater which enters such lakes in violation of this section of the provisions of this section and shall order such person to immediately cease and desist from any further violation of this section.
C. Any person who violates the provisions of subsection B of this section shall be guilty of a misdemeanor punishable by a penalty of not more than One Hundred Dollars ($100.00) per day for each day on which a violation occurs. The Attorney General is authorized to prosecute violations of this section. Venue and jurisdiction shall be proper in a county which contains all or part of a eutrophic lake which is the subject of a discharge in violation of this section.
D. 1. In addition to the penalty provided in subsection C of this section if a person continues to violate subsection B of this section after having received notification from the Secretary of the Environment to cease and desist, such person shall be guilty of a misdemeanor punishable by a fine of not more than Ten Thousand Dollars ($10,000.00) per day.
2. If the owner of a facility which discharges wastewater in violation of this subsection is a corporation authorized to do business in this state, the court may enter an order directing the suspension of any authorization to do business in this state and of the charter or other instrument of organization, under which the corporation may be organized and the forfeiture of all corporate or other rights inuring thereunder. The order of suspension and forfeiture shall have the same effect on the rights, privileges and liabilities of the corporation and its officers and directors as a suspension and forfeiture ordered pursuant to Section 1212 of Title 68 of the Oklahoma Statutes for failure to pay franchise tax. Additionally, all officers and directors of a corporation found to be in violation of this subsection shall be personally liable for any fine imposed pursuant to this subsection.
Added by Laws 1998, c. 232, § 25, eff. July 1, 1998.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-1-2-103. Environmental Remediation Revolving Fund.

There is hereby created in the State Treasury a revolving fund for the Secretary of Energy and Environment or the successor cabinet position having authority over the Department of Environmental Quality to be designated the "Environmental Remediation Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the Secretary from Natural Resource Damage Assessments on behalf of the state, pursuant to paragraph 4 of subsection A of Section 1-2-101 of Title 27A of the Oklahoma Statutes, that are not designated for deposit to any other fund as authorized by law. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the Secretary to perform the duties imposed by law. 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 Services for approval and payment.
Added by Laws 2014, c. 310, § 1, eff. July 1, 2014.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-1-2-104. Environmental Programs Revolving Fund.

There is hereby created in the State Treasury a revolving fund for the Secretary of Energy and Environment or the successor cabinet position having authority over the Department of Environmental Quality to be designated the "Environmental Programs Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the Secretary from appropriations, fees, charges, penalties, and any other sources that are not designated for deposit to any other fund as authorized by law. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the Secretary to perform the duties imposed by law. 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 Services for approval and payment.
Added by Laws 2014, c. 310, § 2, eff. July 1, 2014.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-1-3-101. See the following versions:

OS 27A-1-3-101v1 (HB 3824, Laws 2022, c. 113, § 1).
OS 27A-1-3-101v2 (HB 1982, Laws 2023, c. 164, § 2).
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-1-4-107. Maintenance of computerized water quality data.

A. The Department of Environmental Quality shall maintain a computerized information system of water quality data, including but not limited to the results of surface water and groundwater quality monitoring in a manner that is accessible to the state environmental agencies and to the public.
B. 1. Each state environmental agency shall submit the results of any water quality monitoring performed by the agency in readable electronic format as determined by the Department pursuant to recommendations of the State Water Quality Standards Implementation Advisory Committee.
2. All submitted data shall be in a format consistent with the applicable federal program.
3. If any state environmental agency is unable to submit the data, such fact shall be reported to the Secretary of the Environment.
Added by Laws 1999, c. 413, § 6, eff. Nov. 1, 1999.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-1-4-111. Purpose.

A. The purpose of this act is to encourage voluntary compliance with environmental and occupational health and safety laws.
B. A regulatory agency in this state shall not adopt a rule or impose a condition that circumvents the purpose of this act.
Added by Laws 2019, c. 229, § 2, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-1-4-112. Definitions.

A. As used in this act:
1. "Acquisition closing date" means the date on which ownership of, or a direct or indirect majority interest in the ownership of, a regulated facility or operation is acquired in an asset purchase, equity purchase, merger or similar transaction;
2. "Audit report" means the final report in a written document which contains the comments and recommendations of the auditor;
3. "Environmental or health and safety audit" or "audit" means a systematic voluntary evaluation, review or assessment of compliance with environmental or health and safety laws or with any permit issued under an environmental or health and safety law conducted by an owner or operator, an employee of an owner or operator, a person, including an employee or independent contractor of the person, that is considering the acquisition of a regulated facility or operation, or an independent contractor of:
a.
a regulated facility or operation, or
b.
an activity at a regulated facility or operation;
4. "Environmental or health and safety law" means:
a.
a federal or state environmental or occupational health and safety law, or
b.
a rule, regulation or regional or local law adopted in conjunction with a law described by subparagraph a of this paragraph;
5. "Owner or operator" means a person who owns or operates a regulated facility or operation;
6. "Penalty" means an administrative, civil or criminal sanction imposed by the state to punish a person for a violation of a statute or rule. The term does not include a technical or remedial provision ordered by a regulatory authority; and
7. "Regulated facility or operation" means a facility or operation that is regulated under an environmental or health and safety law.
B. A person acts willfully for purposes of this act if the person acts willfully within the meaning of Section 92 of Title 21 of the Oklahoma Statutes.
C. A person acts knowingly for purposes of this act if the person acts knowingly within the meaning of Section 96 of Title 21 of the Oklahoma Statutes.
To fully implement the privilege established by this act, the term "environmental or health and safety law" shall be construed broadly.
Added by Laws 2019, c. 229, § 3, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-1-4-113. Audit report - Components.

A. An audit report is a report that includes each document and communication, other than those set forth in Section 8 of this act, produced from an environmental or health and safety audit.
B. General components that may be contained in a completed audit report include:
1. A report prepared by an auditor, monitor or similar person, which may include:
a.
a description of the scope of the audit,
b.
the information gained in the audit and findings, conclusions and recommendations, and
c.
exhibits and appendices;
2. Memoranda and documents analyzing all or a portion of the materials described by paragraph 1 of this subsection or discussing implementation issues; and
3. An implementation plan or tracking system to correct past noncompliance, improve current compliance or prevent future noncompliance.
C. The types of exhibits and appendices that may be contained in an audit report include supporting information that is collected or developed for the primary purpose of and in the course of an environmental or health and safety audit, including:
1. Interviews with current or former employees;
2. Field notes and records of observations;
3. Findings, opinions, suggestions, conclusions, guidance, notes, drafts and memoranda;
4. Legal analyses;
5. Drawings;
6. Photographs;
7. Laboratory analyses and other analytical data;
8. Computer-generated or electronically recorded information;
9. Maps, charts, graphs and surveys; and
10. Other communications associated with an environmental or health and safety audit.
D. To facilitate identification, each document in an audit report should be labeled "COMPLIANCE REPORT: PRIVILEGED DOCUMENT," or labeled with words of similar import. Failure to label a document under this section does not constitute a waiver of the audit privilege or create a presumption that the privilege does or does not apply.
E. Unless an extension is approved by the governmental entity with regulatory authority over the regulated facility or operation based on reasonable grounds, an environmental or health and safety audit must be completed within a reasonable time not to exceed six months after:
1. The date the audit is initiated; or
2. The acquisition closing date, if the person continues the audit.
F. Paragraph 1 of subsection E of this section does not apply to an environmental or health and safety audit conducted before the acquisition closing date by a potential purchaser that is considering the acquisition of the regulated facility or operation.
Added by Laws 2019, c. 229, § 4, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-1-4-114. Audit report privilege - Confidentiality.

A. An audit report is privileged as provided in this section.
B. Except as provided in Sections 6 through 9 of this act, any part of an audit report is privileged and is not admissible as evidence or subject to discovery in:
1. A civil action, whether legal or equitable; or
2. An administrative proceeding.
C. A person, when called or subpoenaed as a witness, may not be compelled to testify or produce a document related to an environmental or health and safety audit if:
1. The testimony or document discloses any item listed in Section 4 of this act that was made as part of the preparation of an environmental or health and safety audit report and that is addressed in a privileged part of an audit report; and
2. The person is:
a.
a person who conducted any portion of the audit but did not personally observe the physical events,
b.
a person to whom the audit results are disclosed under Section 6 of this act, or
c.
a custodian of the audit results.
D. A person who conducts or participates in the preparation of an environmental or health and safety audit and who has actually observed physical events of violation may testify about those events but may not be compelled to testify about or produce documents related to the preparation of or any privileged part of an environmental or health and safety audit or any item listed in Section 4 of this act.
E. An employee of a state agency may not request, review or otherwise use an audit report during an agency inspection of a regulated facility or operation, or an activity of a regulated facility or operation.
F. A party asserting the privilege described in this section has the burden of establishing the applicability of the privilege.
G. No audit report or any associated information or records shall be subject to Section 24A.1 et seq. of Title 51 of the Oklahoma Statutes. All records collected pursuant to this act shall be deemed confidential.
Added by Laws 2019, c. 229, § 5, eff. Nov. 1, 2019.