reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-3-3-201. Directors.

A. The governing body of the district shall consist of five (5) directors, elected or appointed as provided in the Conservation District Act.
B. 1. Three directors shall be elected for a term of three (3) years and shall be elected for staggered terms beginning July 1 and ending June 30.
2. The three elected directors' positions shall be designated as position number one, position number two and position number three by the Commission.
3. To be eligible for election as a director of a conservation district, a person must be a registered voter in the district, and must be a cooperator of the district.
C. Two directors for each district shall be appointed by the Commission to serve a term of two (2) years beginning July 1 and ending June 30. The Commission shall issue a certificate of appointment to all appointed directors. Initially one director shall serve for a period of one (1) year and one director for a period of two (2) years.
D. Any director may be removed from office by the Commission, upon notice and hearing, for neglect of duty or for malfeasance in office.
E. All vacancies in the office of an elected or appointed director shall be filled for the unexpired term by the Commission.
F. Directors shall be entitled to be reimbursed by the district for actual expenses incurred in the official performance of their duties.
G. District directors may be paid a per diem for attending monthly district board meetings not to exceed Fifty Dollars ($50.00) per meeting as established by the Oklahoma Conservation Commission.
H. If any director shall, during their term of office as director, be elected or appointed to any county or state elective office, or if they shall file as a candidate for the nomination to be elected to any such other office, their office as director shall become vacant and the vacancy shall be filled by appointment of the Commission. Provided, that a district director may also serve on a board of education of a school district.
Added by Laws 1971, c. 346, § 15-415, operative July 1, 1971. Amended by Laws 1993, c. 145, § 228, eff. July 1, 1993. Renumbered from Title 82, § 1501-415 by Laws 1993, c. 145, § 359, eff. July 1, 1993. Amended by Laws 1999, c. 370, § 1, eff. Sept. 1, 1999; Laws 2003, c. 479, § 6, eff. July 1, 2003; Laws 2008, c. 110, § 5, emerg. eff. May 2, 2008.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-3-3-202. Advisory committees.

A. The board of directors shall appoint such advisory committees as may be needed to assure the availability of appropriate channels of communication to the board, to persons affected by district operations, and to local, regional, state and interstate special purpose districts and agencies responsible for community planning, zoning or other resource development activities.
B. The district shall keep such committees informed of its work, and such advisory committees shall submit recommendations from time to time to the board of directors.
Added by Laws 1971, c. 346, § 15-421, operative July 1, 1971. Amended by Laws 1993, c. 145, § 229, eff. July 1, 1993. Renumbered from Title 82, § 1501-421 by Laws 1993, c. 145, § 359, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-3-3-301. Date of election - Eligible voters.

A. There shall be an election each year in every conservation district on the first Tuesday in June, which is hereby designated as Conservation District Day, to elect one director in each district.
B. All registered voters in a district shall be eligible to vote in the election.
Added by Laws 1971, c. 346, § 15-403, operative July 1, 1971. Amended by Laws 1972, c. 50, § 1, emerg. eff. Mar. 15, 1972; Laws 1993, c. 145, § 230, eff. July 1, 1993. Renumbered from Title 82, § 1501-403 by Laws 1993, c. 145, § 359, eff. July 1, 1993. Amended by Laws 2008, c. 110, § 6, emerg. eff. May 2, 2008.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-3-3-302. Notice of filing period.

Each district shall give due notice of the filing period for election of district directors, during the first three (3) weeks in April, setting forth the period in which notifications and declarations of candidacy are to be filed.
Due notice shall be given in each district of the election. The last publication of the notice shall be not less than five (5) days before the date of the election. Said notice shall set forth the purpose, time, date, and polling places for the election.
Added by Laws 1971, c. 346, § 15-405, operative July 1, 1971. Amended by Laws 1993, c. 145, § 231, eff. July 1, 1993. Renumbered from Title 82, § 1501-405 by Laws 1993, c. 145, § 359, eff. July 1, 1993. Amended by Laws 2008, c. 110, § 7, emerg. eff. May 2, 2008.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-3-3-303. Filing period, notification and declaration of candidacy.

Any person found eligible by the Commission to be elected a district director shall have their name placed on the official ballot, upon filing with the Commission a notification and declaration of candidacy, during the first two weeks in May. The notification and declaration shall be in the form prescribed by the Commission.
Added by Laws 1971, c. 346, § 15-406, operative July 1, 1971. Amended by Laws 1993, c. 145, § 232, eff. July 1, 1993. Renumbered from Title 82, § 1501-406 by Laws 1993, c. 145, § 359, eff. July 1, 1993. Amended by Laws 2008, c. 110, § 8, emerg. eff. May 2, 2008.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-3-3-304. Election of directors.

A. The Conservation Commission shall designate the polling places in the district.
B. The names of all candidates who have filed a proper notification and declaration and have been found eligible by the Commission within the time herein designated shall be printed on a ballot prescribed by the Commission.
C. The Commission shall declare the candidate receiving the largest number of votes cast in an election, elected.
D. When two or more candidates receive the same number of votes cast, a runoff election shall be held within thirty (30) days from date of the first election in the manner prescribed above.
E. The Commission shall prescribe rules for holding elections pursuant to the provisions of this section, pay for the elections, supervise the conduct and shall publish the results.
F. When only one qualified candidate files a notification and declaration of candidacy for the office of director in a district as provided herein, no election shall be necessary and the Commission shall declare the person elected.
G. The Commission shall issue a certificate to all elected directors signifying their election to the office of director of their district.
Added by Laws 1971, c. 346, § 15-407, operative July 1, 1971. Amended by Laws 1993, c. 145, § 233, eff. July 1, 1993. Renumbered from Title 82, § 1501-407 by Laws 1993, c. 145, § 359, eff. July 1, 1993. Amended by Laws 2008, c. 110, § 9, emerg. eff. May 2, 2008.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-3-3-401. Change of name.

The name of any district may be changed by resolution of the board of directors thereof. Said resolution shall be submitted to the Commission, which shall present same to the Secretary of State who shall, if the Secretary of State finds that such name is not identical or so nearly similar to the name of another conservation district as to lead to confusion or uncertainty, file the resolution and issue a new certificate to the district showing the new name.
Added by Laws 1971, c. 346, § 15-303, operative July 1, 1971. Amended by Laws 1993, c. 145, § 234, eff. July 1, 1993. Renumbered from Title 82, § 1501-303 by Laws 1993, c. 145, § 359, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-3-3-402. Certificate of Secretary of State as evidence.

In any suit, action or proceeding involving the validity or enforcement of, or relating to, any contract, proceeding or action of a district, the district shall be deemed to have been established in accordance with the provisions of the Conservation District Act upon proof of the issuance of a certificate of organization to a soil conservation district or a soil and water conservation district by the Secretary of State. A copy of such certificate duly certified by the Secretary of State shall be admissible in evidence in any such suit, action or proceeding and shall be proof of the filing and contents thereof.
Added by Laws 1971, c. 346, § 15-304, operative July 1, 1971. Amended by Laws 1993, c. 145, § 235, eff. July 1, 1993. Renumbered from Title 82, § 1501-304 by Laws 1993, c. 145, § 359, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-3-3-403. Filing, recording, certification - Fees and charges.

A conservation district shall not be liable for any fees or charges in connection with the filing, recording or indexing, in the office of the county clerk of any county of this state, of any instrument in favor of such district, or in connection with the certification, by such county clerk, of any copy of any instrument on file or of record in the office of such county clerk, desired by such district, but all such instruments presented by such district or the directors thereof for filing or recording shall be filed, recorded and indexed without charge, and such copies of instruments necessary by such district or the directors thereof shall be certified free of charge.
Added by Laws 1971, c. 346, § 15-509, operative July 1, 1971. Amended by Laws 1993, c. 145, § 236, eff. July 1, 1993. Renumbered from Title 82, § 1501-509 by Laws 1993, c. 145, § 359, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-3-3-404. County funds may be appropriated.

In those counties of the state which contain in whole or in part a conservation district, the county excise board may, at it discretion, upon request of the directors of such conservation district, appropriate money from the county general fund for use by the district or districts serving the particular county from which the appropriation is made.
Added by Laws 1971, c. 346, § 15-507, operative July 1, 1971. Amended by Laws 1993, c. 145, § 237, eff. July 1, 1993. Renumbered from Title 82, § 1501-507 by Laws 1993, c. 145, § 359, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-3-3-405. Fund created.

There is hereby created a revolving fund to be known as the Small Watersheds Flood Control Fund. Said fund shall consist of all monies appropriated to, deposited in or credited to said fund.
Added by Laws 1971, c. 346, § 15-701, operative July 1, 1971. Renumbered from Title 82, § 1501-701 by Laws 1993, c. 324, § 56, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-3-3-406. Control.

The Small Watersheds Flood Control Fund shall be under the control and supervision of the Oklahoma Conservation Commission and shall be paid on its itemized form which shall be audited by the said board and, upon final approval, vouchers which are payable from said fund shall be forwarded to the Director of the Office of Management and Enterprise Services, who shall audit the same and, upon approval thereof, warrants shall be issued according to law, and said warrants shall be paid by the State Treasurer from the said fund.
Added by Laws 1971, c. 346, § 15-703, operative July 1, 1971. Renumbered from § 1501-703 of Title 82 by Laws 1993, c. 324, § 56, eff. July 1, 1993. Amended by Laws 2012, c. 304, § 113.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-3-3-407. Allocation of funds.

A. The Commission shall have authority to allocate to any conservation district in this state, from the Small Watersheds Flood Control Fund, such sum or sums as in the judgment of the said Commission may be necessary to enable such district to acquire real property or easements needed by such district to permit such district to install upstream flood control structures on rivers and streams and the tributaries thereof, including cooperative projects between such district and the United States government.
B. Monies from the fund may also be used for costs associated with the rehabilitation of flood control structures, including, but not limited to, landrights.
Added by Laws 1971, c. 346, § 15-704, operative July 1, 1971. Renumbered from Title 82, § 1501-704 by Laws 1993, c. 324, § 56, eff. July 1, 1993. Amended by Laws 1999, c. 370, § 2, eff. Sept. 1, 1999.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-3-3-408. Requirements for funds to be expended.

None of the funds in the Small Watersheds Flood Control Fund shall be expended until eighty percent (80%) of the easements are obtained for the watershed project in which the money from the fund is to be used.
Added by Laws 1971, c. 346, § 15-705, operative July 1, 1971. Renumbered from Title 82, § 1501-705 by Laws 1993, c. 324, § 56, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-3-3-409. Restriction on use of funds.

No funds from the Small Watersheds Flood Control Fund shall be used to acquire, by condemnation, lands under and existing valid oil and gas mining lease from which oil and/or gas are being produced.
Added by Laws 1971, c. 346, § 15-706, operative July 1, 1971. Renumbered from Title 82, § 1501-706 by Laws 1993, c. 324, § 56, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-3-3-411. "Operation and maintenance" or "operate and maintain" - Interpretation.

A. Oklahoma has a large number of preventive and control measures and works of improvement that are operated and maintained by conservation districts and their assigns throughout the state. These preventive and control measures and works of improvement include, but are not limited to, flood control dams, erosion control practices, and channels constructed with the assistance of the United States Department of Agriculture (USDA) through USDA’s watershed programs.
B. Pursuant to the Conservation District Act, the phrase “operation and maintenance” or “operate and maintain” as used in a variety of contractual documents, easements, statutes, rules, and other legal authority by the conservation districts and their assigns shall be interpreted to:
1. Encompass the terms repair, modification, alteration, rehabilitation, upkeep, upgrade, improvement, construction, reconstruction, decommission, and inspection; and
2. Benefit the state and conservation districts.
Added by Laws 2008, c. 110, § 10, emerg. eff. May 2, 2008.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-3-3-412. Operation and maintenance of structures for flood control.

Except as otherwise provided by state or federal law, a conservation district’s responsibility for the operation and maintenance of any structure for the purpose of flood control pursuant to any contractual, statutory, regulatory or other legal authority or obligation, shall not be deemed to include maintaining, protecting or improving the quality of any soil, air, groundwater or surface water or biota affected by, near or comprising any part of the structure, including any water, soil or sediment pooled, impounded or diverted by the structure, including but not limited to, monitoring, limiting, or abating or otherwise controlling or eliminating any point source or nonpoint source pollution or any other biological, chemical, radiological or physical contamination by any source or mechanism.
Added by Laws 2008, c. 110, § 11, emerg. eff. May 2, 2008.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-3-3-413. Directors' participation in health or dental insurance plans.

Directors of a conservation district may elect to participate in the health or dental insurance plan offered by the conservation district to its employees as provided for in the State and Education Employees Group Insurance Act. The conservation district director shall pay the full cost of the insurance premium for the coverage at the rate prescribed by and pursuant to the terms and conditions of the health or dental plan.
Added by Laws 2008, c. 110, § 12, emerg. eff. May 2, 2008.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-3-3-414. Transfer of employee service time.

A conservation district employee who transfers to a state agency shall not lose the service time the employee has accrued for the purposes of calculating longevity benefits and leave benefits.
Added by Laws 2008, c. 110, § 9, emerg. eff. May 2, 2008.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-3-3-501. Creation of program - Purpose.

A. The Oklahoma Conservation Commission is hereby authorized to establish and administer the Oklahoma Conservation Commission Municipal Infrastructure Cost-Share Program as funds become available and otherwise appropriated. The Oklahoma Conservation Commission Municipal Infrastructure Cost-Share Program shall provide monies to eligible communities and rural water districts for the purpose of implementing conservation or best management practices on such eligible land pursuant to priority watershed work or Conservation Reserve Enhancement Program (CREP) work, or watershed rehabilitation or watershed operation and maintenance work in accordance to rules promulgated by the Commission.
B. The Commission shall promulgate rules as necessary to implement the provisions of this act.
Added by Laws 2008, c. 167, § 1, eff. July 1, 2008.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-3-3-502. Revolving fund.

A. There is hereby created in the State Treasury a revolving fund for the Oklahoma Conservation Commission to be designated the "Oklahoma Conservation Commission Municipal Infrastructure Cost-Share Revolving Fund".
B. The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the Oklahoma Conservation Commission in the form of gifts, grants, reimbursements, donations, industry contributions, state appropriations, funds allocated by federal agencies for cost-share programs and such other monies specifically designated for the Oklahoma Conservation Commission Municipal Infrastructure Cost-Share Program. All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the Commission for the Municipal Infrastructure Conservation Cost-Share Program; and interest attributable to investment of money in the Oklahoma Conservation Commission Municipal Infrastructure Cost-Share Revolving Fund.
C. All donations or other proceeds received by the Commission pursuant to the provisions of this section shall be deposited with the State Treasurer to be credited to the Oklahoma Conservation Commission Municipal Infrastructure Cost-Share Revolving Fund. 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.
D. All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the Oklahoma Conservation Commission for the purpose of matching municipal or rural water district funds for the rehabilitation of watershed dams and for the Conservation Cost-Share Program and the Conservation Reserve Enhancement Program pursuant to the Oklahoma Conservation Commission Municipal Infrastructure Cost-Share Program.
E. 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.
F. No more than five percent (5%) of the monies in the fund shall be used for the payment of administrative expenses, salary or any other continuing obligation of the Oklahoma Conservation Commission.
Added by Laws 2008, c. 167, § 2, eff. July 1, 2008. Amended by Laws 2012, c. 304, § 114.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-3-4-101. Short title – Legislative findings and intent.

A. This article shall be known and may be cited as the "Oklahoma Carbon Sequestration Enhancement Act".
B. The Oklahoma Legislature finds that:
1. Increasing levels of carbon dioxide and other gases in the atmosphere have led to growing interest in national and international forums for implementing measures to slow and reverse the buildup of such atmospheric constituents. These measures may include, but are not limited to, the establishment of systems of trading in carbon dioxide credits or adoption of practices, technologies, or other measures which decrease the concentration of carbon dioxide in the atmosphere and improve air quality;
2. Carbon sequestration practices have great potential to increase carbon sequestration and help offset the impact of carbon dioxide emissions on carbon dioxide concentrations in the atmosphere; and
3. It is in the interest of the citizens of this state that the Oklahoma Conservation Commission document and quantify carbon sequestration associated with carbon sequestration practices.
C. It is the intent of the Legislature that such efforts to document and quantify carbon sequestration associated with carbon sequestration practices will enhance the ability of the state's landowners, well owners and mineral owners to participate in any system of carbon dioxide emissions marketing or trading that may be developed in the future.
D. For purposes of this act, “carbon sequestration practices” and “carbon capture and storage practices” shall mean and include:
1. Improved agricultural practices, including, but not limited to, decreasing soil tillage, planting and managing vegetation, growing agricultural crops or managing any existing vegetated area;
2. Improved natural resources conservation practices, including, but not limited to, vegetation, revegetation, forestation, afforestation and reforestation on rangeland and other agricultural and nonagricultural lands;
3. Practices involving the capture and sequestration or storage of carbon dioxide emissions through carbon dioxide injection in producing oil or gas wells, abandoned oil or gas wells, or other wells;
4. Other improved methods of stewardship for the natural resources of Oklahoma; and
5. Other methods of sequestering, displacing or avoiding carbon dioxide emissions approved by the Oklahoma Conservation Commission.
Added by Laws 2001, c. 81, § 1, emerg. eff. April 16, 2001. Amended by Laws 2003, c. 221, § 1, emerg. eff. May 20, 2003; Laws 2011, c. 264, § 2.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-3-4-102. Oklahoma Conservation Commission - Duties.

The Oklahoma Conservation Commission shall:
1. Encourage the production of educational and advisory materials regarding carbon sequestration and storage and the opportunities to participate in any system of carbon dioxide emissions trading or marketing that may be developed in the future; and
2. Identify areas of research needed to better understand and quantify carbon sequestration and storage involved in carbon sequestration practices within the state.
Added by Laws 2001, c. 81, § 2, emerg. eff. April 16, 2001. Amended by Laws 2002, c. 273, § 1, emerg. eff. May 20, 2002; Laws 2003, c. 221, § 2, emerg. eff. May 20, 2003; Laws 2011, c. 264, § 3.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-3-4-103. Acceptance of public and private funds.

The Oklahoma Conservation Commission may apply for and accept grants, gifts, or other sources of public and private funds to carry out the purposes of the Oklahoma Carbon Sequestration Enhancement Act.
Added by Laws 2001, c. 81, § 3, emerg. eff. April 16, 2001. Amended by Laws 2003, c. 221, § 3, emerg. eff. May 20, 2003; Laws 2011, c. 264, § 4.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-3-4-104. Carbon Sequestration Assessment Cash Fund.

The "Carbon Sequestration Assessment Cash Fund" is hereby created. The fund shall be used by the Oklahoma Conservation Commission to carry out the Oklahoma Carbon Sequestration Enhancement Act. The State Treasurer shall credit to the fund any money appropriated to the fund by the Legislature and any money received as gifts, grants, or other contributions from public or private sources obtained for the purposes of the Oklahoma Carbon Sequestration Enhancement Act.
Added by Laws 2001, c. 81, § 4, emerg. eff. April 16, 2001.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-3-5-103. Agency jurisdiction.

A. The Corporation Commission shall be the "Agency" for, and shall have exclusive jurisdiction over CO2 sequestration facilities involving, and injection of CO2 for carbon sequestration into, oil reservoirs, gas reservoirs, coal-bed methane reservoirs, and mineral brine reservoirs. The Commission shall have such jurisdiction regardless of whether such CO2 sequestration facility or other injection of carbon dioxide involves enhanced oil or gas recovery.
B. The Department of Environmental Quality shall be the "Agency" for, and shall have exclusive jurisdiction over CO2 sequestration facilities involving, and injection of CO2 for carbon sequestration into all reservoirs other than those described in subsection A of this section, which shall include, but not be limited to, deep saline formations, unmineable coal seams where methane is not produced, basalt reservoirs, salt domes, and non-mineral bearing shales.
Added by Laws 2009, c. 429, § 3, emerg. eff. June 1, 2009.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-3-5-105. Carbon dioxide property rights - Obligations relieved - Jurisdiction.

A. Unless otherwise expressly provided by a contract, bill of sale, deed, mortgage, deed of trust, or other legally binding document or by other law, carbon dioxide injected into a CO2 sequestration facility is considered to be the personal property of the facility owner.
B. Absent a final judgment of willful abandonment rendered by a court of competent jurisdiction, or a regulatory determination of willful abandonment, carbon dioxide injected into a CO2 sequestration facility is not considered to be the property of the owner of the surface or mineral estate in the land encompassing the geographic boundary of the CO2 sequestration facility, or any person claiming under the owner of the surface or mineral estate.
C. The facility operator, with permission of the facility owner, may produce, take, extract or reduce to possession any carbon dioxide injected, stored or sequestered in a CO2 sequestration facility. In the event an operator informs the Commission that it intends to conduct enhanced oil or gas recovery operations on a compulsory unit formed pursuant to Section 287.1 et seq. of Title 52 of the Oklahoma statutes, or its predecessor unitization act, then during the time that such unit is in operation, such operator shall be relieved of any obligation to either:
1. Plug and abandon any injection or production well within such unit that is intended to be used in such enhanced oil or gas recovery operations, unless required by the Commission pursuant to Section 53 of Title 17 of the Oklahoma Statutes; or
2. Remove any surface equipment that is associated with any such well and intended to be used in such enhanced oil or gas recovery operations, or both.
D. The Agency having jurisdiction over the injection of carbon dioxide under this act shall also have jurisdiction over a facility operator that produces, takes, extracts or reduces to possession any injected, stored or sequestered carbon dioxide in a CO2 sequestration facility.
Added by Laws 2009, c. 429, § 5, emerg. eff. June 1, 2009.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-3-5-106. Construction of act.

A. Nothing in this act shall supersede the provisions of the Oklahoma Carbon Sequestration Enhancement Act, Section 3-4-101 et seq. of Title 27A of the Oklahoma Statutes.
B. Nothing in this act shall alter the incidents of ownership, or other rights, of the owners of the mineral estate or adversely affect enhanced oil or gas recovery efforts in the state.
C. Any right granted to a facility operator pursuant to this act shall be without prejudice to the rights of any surface owner or mineral owner, including working interest and royalty owner, of the land encompassed within the defined geographic boundary of the CO2 sequestration facility, as established by the Agency, to drill or bore through the approved reservoir in a manner as shall comply with orders, rules and regulations issued for the purpose of protecting the approved reservoir against the escape of CO2. For purposes of this subsection, the Agency with jurisdiction under other state law for regulating the well being drilled or bored through the approved reservoir is the Agency having jurisdiction to adopt orders and rules for such well in order to protect the CO2 sequestration facility, regardless of which Agency has jurisdiction to permit the CO2 sequestration facility pursuant to Section 3 of this act. If the Agency with jurisdiction under other state law for regulating the well being drilled or bored through the approved reservoir is not the Agency that has jurisdiction to permit the CO2 sequestration facility pursuant to Section 3 of this act, then the former shall promptly notify the latter in writing of the receipt of an application for the drilling or boring of such a well and shall consider all timely submitted comments of the latter in approving, denying, or setting conditions for the well being drilled or bored. The additional cost of complying with such orders, rules or regulations in order to protect the CO2 sequestration facility shall be borne by the facility operator.
D. Nothing in this act shall grant a private operator the right of condemnation or eminent domain for any purpose.
Added by Laws 2009, c. 429, § 6, emerg. eff. June 1, 2009.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-3-5-111. Energy produced from bioenergy feedstocks and agricultural harvesting—Carbon neutral and carbon negative determination.

A. As used in this section:
1. “Biomass” means bioenergy feedstocks from forest products manufacturing, which may include but not be limited to:
a.
forest products’ manufacturing residuals including but not limited to spent pulping liquors, pulping by-products, woody manufacturing residuals, paper recycling residuals, wastewater and process water treatment plant residuals, and anaerobic digester biogas,
b.
harvest residues, including trees or portions of harvested trees that are too small or too poor of quality to be utilized for wood or paper products,
c.
downed wood from extreme weather events or natural disasters, nonhazardous landscape or right-of-way trimmings and municipal trimmings, and plant material removed for purposes of invasive or noxious plant species control,
d.
biowaste, including landfill gas,
e.
forest biomass derived from residues created as a by-product of timber harvesting,
f.
forest management activities conducted for strand improvement or to increase yield, ecological restoration, or to maintain or enhance forest health,
g.
biomass materials recognized by the United States Environmental Protection Agency as fuels under 40 CFR part 241.4, and
h.
other used wood products, such as crates or pallets;
2. “Bagasse biomass” means the solid, heterogeneous, and fibrous agricultural waste that remains after extracting the liquid from sugarcane stalks. Such waste may derive from:
a.
factory bagasse, obtained from the industrial extraction process, containing only trace amounts of sugarcane liquid, or
b.
pressed cane stalks or farm bagasse, obtained from on-farm or small factory extraction, containing comparatively higher amounts of sugarcane liquid; and
3. “Bioenergy with carbon capture and storage” means the process of capturing and permanently storing carbon dioxide from biomass energy generation.
B. Energy produced from bioenergy feedstocks from forest products manufacturing shall be considered renewable and carbon neutral. When bioenergy is paired with carbon capture and storage, as described in paragraph 3 of subsection A of this section, such energy shall be considered carbon negative.
C. Energy produced from agricultural harvesting, including bagasse produced from sugarcane processing shall be considered renewable and carbon neutral. When paired with carbon capture technologies, as defined in paragraph 3 of subsection A of this section, such energy shall be considered carbon negative.
Added by Laws 2023, c. 21, § 1, eff. Nov. 1, 2023.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-3-6-101. Creation of grant program for entities utilizing sequestration of carbon captured from production of hydrogen from natural gas.

The office of the Secretary of Energy and Environment shall create and administer a grant program for entities utilizing sequestration of carbon captured from production of hydrogen from natural gas. The Secretary shall determine criteria for the program and establish a process for consideration of proposals. The grant program shall only be subject to the authorization of federal dollars by the Legislature.
Added by Laws 2022, c. 172, § 1, eff. Nov. 1, 2022.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-3-7-101. Short title - Healthy Soil Program Act.

This act shall be known and may be cited as the "Healthy Soil Program Act".
Added by Laws 2022, c. 410, § 1, eff. Nov. 1, 2022.
NOTE: Editorially renumbered from § 3-6-101 of this title to avoid duplication in numbering.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-3-7-102. Definitions.

As used in the Healthy Soil Program Act:
1. "Champion" means a land manager who is declared a soil health champion due to the land manager's excellence in applying and promoting soil health principles, as modeled by the Soil Health Champions Network of the National Association of Conservation Districts;
2. "Commission" means the Oklahoma Conservation Commission;
3. "Eligible entity" means a local governmental entity with proven land management capacity to support healthy soil and including conservation districts;
4. "Healthy soil" means soil that enhances its continuing capacity to function as a biological system, increases its organic matter, and improves its structure and water- and nutrient-holding capacity;
5. "Program" means the healthy soil program created in this act;
6. "Soil health principle" means a principle that promotes soil health in a given environment and includes:
a.
keeping soil covered,
b.
minimizing soil disturbance on cropland and minimizing external inputs,
c.
maximizing biodiversity,
d.
maintaining a living root, or
e.
integrating animals into land management, including grazing animals, birds, beneficial insects, or keystone species, such as earthworms;
7. "Supported method" means a method that is based upon soil health principles and is scientifically supported to promote healthy soil;
8. "Technical assistance" means assistance provided to a farmer or rancher to achieve the purpose of the Healthy Soil Program Act and includes outreach, education, financial assistance or assistance with project planning, project design, grant applications, project implementation or project reporting; and
9. "Technical assistance provider" means a local, state, federal, tribal, or educational entity with demonstrated technical expertise in designing and implementing agricultural management practices that contribute to healthy soils and includes a conservation district, the United States Natural Resources Conservation Service, the United States Forest Service, the United States Bureau of Land Management, or the state Forestry Division.
Added by Laws 2022, c. 410, § 2, eff. Nov. 1, 2022.
NOTE: Editorially renumbered from § 3-6-102 of this title to avoid duplication in numbering.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-3-7-103. Healthy soil program.

A. There is hereby created a healthy soil program to be administered by the Oklahoma Conservation Commission.
B. The purpose of the program is to promote and support farming and ranching systems and other forms of land management that increase soil organic matter, aggregate stability, microbiology and water retention to improve the health, yield, and profitability of the soils of the state.
Added by Laws 2022, c. 410, § 3, eff. Nov. 1, 2022.
NOTE: Editorially renumbered from § 3-6-103 of this title to avoid duplication in numbering.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-3-7-105. Uses for funds.

Funds appropriated to the Oklahoma Conservation Commission to administer the healthy soil program may be used for:
1. The healthy soil grant program;
2. The healthy soil assessment and education program;
3. Promotion and outreach;
4. Department staffing support;
5. Capacity building for eligible entities;
6. Soil health research;
7. Travel reimbursement and per diem in accordance with the State Travel Reimbursement Act, Section 500.1 et seq. of Title 74 of the Oklahoma Statutes; and
8. Other expenditures as determined by the Commission to be necessary to support the overall effective administration of the program.
Added by Laws 2022, c. 410, § 5, eff. Nov. 1, 2022.
NOTE: Editorially renumbered from § 3-6-105 of this title to avoid duplication in numbering.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-3-8-102. Pilot program to remove harmful woody species.

A. As used in the Terry Peach North Canadian Watershed Restoration Act:
1. "Commission" means the Oklahoma Conservation Commission;
2. "Harmful woody species" means a tree or shrub species that is rapidly encroaching into adjoining lands and is likely to cause harm to the environment or economy. Harmful woody species include, but are not limited to, Juniperus virginiana (Eastern Redcedar), Juniperus scopulorum (Rocky Mountain juniper), Juniperus monosperma (oneseed juniper) and Tamarix ramosissima (salt cedar); and
3. "North Canadian Watershed" means the area of land in Oklahoma that drains or sheds water into the North Canadian River.
B. There is hereby created a pilot program to remove or eradicate harmful woody species in the North Canadian Watershed to be administered by the Oklahoma Conservation Commission. To accomplish the goals listed in this section, the Commission is authorized to use the funds available in the North Canadian Watershed Restoration Revolving Fund established in Section 3 of this act. The purpose of the program is to manage and eradicate, where possible, harmful woody species that damage grazing lands, create significant wildfire risk, reduce wildlife habitat and reduce water flow into the North Canadian River.
C. In administering the pilot program, the Commission shall:
1. Cooperate with landowners, state agencies, and other political subdivisions for removal of harmful woody species;
2. Measure the density of harmful woody species and estimate water used by those species;
3. Create a study using a parallel watershed with no control of harmful woody species;
4. Utilize available funds to cost-share with landowners for expenses incurred in the eradication of harmful woody species by prescribed burn, biological controls, mechanical removal, or herbicide applications;
5. Develop grant programs with conservation districts, rural fire departments, and prescribe burn associations for resources needed for prescribed burns, mechanical removal, biological control, or herbicide applications on harmful woody species;
6. Bring attention to the problems posed by harmful woody species to create awareness, demonstrate value to all stakeholders, and encourage landowners to participate in the program; and
7. Have at least two active project areas in the program, one above the Canton Lake dam and one below.
D. The Commission is authorized to promulgate any rules and procedures to effectuate the provisions of this section.
Added by Laws 2023, c. 372, § 2, emerg. eff. June 9, 2023.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-3-8-103. North Canadian Watershed Restoration Revolving Fund.

There is hereby created in the State Treasury a revolving fund for the Oklahoma Conservation Commission to be designated the "North Canadian Watershed Restoration Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the Conservation Commission from appropriations, federal grants or funds, municipal contributions, private contributions, and any other sources, including interest earned from the income in the fund, that are designated for deposit to such fund or designated for duties associated with harmful woody species removal from the North Canadian Watershed. All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the Conservation Commission to perform the duties imposed on the Commission by law. Expenditures from said 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 2023, c. 372, § 3, emerg. eff. June 9, 2023.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-4-1-101. Short title - Purpose.

A. This article shall be known and may be cited as the "Oklahoma Emergency Response Act".
B. The purpose of the Oklahoma Emergency Response Act is to:
1. Provide a rapid, coordinated and effective network for response to dangerous substances incidents or events necessary to protect the public health and safety and the environment of this state, and to preserve property;
2. Provide direction and information to responders for the management of dangerous substances incidents or events;
3. Reduce duplication of effort between local, county and state entities; and
4. Organize, prepare and coordinate all state available manpower, materials, supplies, equipment, facilities and services necessary for dangerous substances response.
Added by Laws 1993, c. 145, § 238, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-4-1-104. Liability for release of dangerous substance - Construction of act.

The provisions of the Oklahoma Emergency Response Act shall not be construed to effect or remove the liability of the person who owns the dangerous substance for injury or damages incurred as a result of the release of the dangerous substance.
Added by Laws 1998, c. 207, § 3, eff. Nov. 1, 1998.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-4-1-105. Release of dangerous substance requiring protective action - Entry upon public or private property - Records or reports of incidents or events - Administrative warrants - Contempt.

A. During or after a release of a dangerous substance and as part of any required cleanup operations or remediation requirements, any duly authorized representative of the first responder, the contact agency, the Department of Civil Emergency Management or the Department of Environmental Quality shall have the authority to enter upon any private or public property for the purpose of responding to and stabilizing an incident or event involving a release of dangerous substances requiring protective action measures.
B. 1. The contact agency or the Department of Environmental Quality, as applicable, may require the establishment and maintenance of records and reports relating to the incident or event.
2. Copies of such records or reports shall be submitted to the requesting agency.
3. Any authorized representative of the contact agency or the Department of Environmental Quality, as applicable, shall be allowed access and may examine such records or reports.
C. 1. A contact agency or the Department of Environmental Quality may apply to and obtain from a judge of the district court, an order authorizing an administrative warrant or other warrant to enforce access to premises for the purpose of responding to and stabilizing an incident or event involving releases of dangerous substances requiring protective action measures or for the purpose of examining records or reports relating thereto.
2. Failure to obey an administrative warrant or other warrant of the district court may be punished by the district court as a contempt of court.
Added by Laws 1998, c. 207, § 4, eff. Nov. 1, 1998.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-4-1-106. Prosecution of violations - Actions for injunctive relief - Jurisdiction - Penalties.

A. The Attorney General or the district attorney of the county where the release occurs may bring an action in a court of competent jurisdiction for the prosecution of a violation of the Oklahoma Emergency Response Act by the responsible party.
B. 1. Any action for injunctive relief to redress or restrain a violation of the Oklahoma Emergency Response Act by such responsible party may be brought by the district attorney of the county where the release occurred, as applicable, the contact agency, or the Attorney General or the Department of Environmental Quality on behalf of the State of Oklahoma.
2. It shall be the duty of the Attorney General or district attorney, if so requested, to bring such actions.
C. The court shall have jurisdiction to determine such action and to grant the necessary or appropriate relief including, but not limited to, mandatory or prohibitive injunctive relief and interim equitable relief, and for inhibiting emergency response to an incident, punitive damages.
D. A responsible party who violates any of the provisions of, or who fails to perform any duty imposed by, the Oklahoma Emergency Response Act shall, upon conviction, be guilty of a misdemeanor and may be punished by a fine of not less than Two Hundred Dollars ($200.00) and not more than Ten Thousand Dollars ($10,000.00) per day for each violation. Each day or part of a day upon which such violation occurs shall constitute a separate offense.
Added by Laws 1998, c. 207, § 5, eff. Nov. 1, 1998.
2023 Oklahoma Statutes › Title 27A. Environment and Natural Resources › §27A-4-2-104. Member agencies - Annual budgets.

Each member agency, in cooperation with the Oklahoma Hazardous Material Emergency Response Commission, shall prepare an annual budget for the implementation and administration of its respective Commission responsibilities, and submit the same as an inclusion in its agency budget to the Oklahoma Legislature for appropriations to cover the costs of performance of the requirements of the Oklahoma Hazardous Materials Planning and Notification Act.
Added by Laws 1991, c. 292, § 4, eff. July 1, 1991. Amended by Laws 1993, c. 145, § 244, eff. July 1, 1993. Renumbered from Title 63, § 689.1B by Laws 1993, c. 145, § 359, eff. July 1, 1993.