Oklahoma Administrative Code › Title 1 - EXECUTIVE ORDERS › Section 1:2017-33

Current through Vol. 41, No. 20, July 1, 2024
I, Mary Fallin, Governor of the State of Oklahoma, pursuant to
			 the power vested in me by Oklahoma Constitution Article VI Sections 1, 2, and
			 8, of the Oklahoma Constitution, hereby approve the State Mitigation Trust
			 created, among other States, for the benefit of the State of Oklahoma in the
			 lawsuit entitled,
In Re Volkswagen "Clean Diesel" Marketing, Sales
			 Practices and Products Liability Litigation
, MDL Case No. 2672 CRB
			 (JSC) referred to herein as the "MDL 2672," and arising out of
United
			 States v. Volkswagen AG et al.
, Case No. CV-295 (N.D. Cal.).
As explanation, on October 25, 2016, the Court entered a Partial
			 Consent Decree ("First Partial Consent Decree"), MDL No. 2672(JSC) (Dkt. No.
			 2103-1), among Volkswagen AG, Audi AG, Volkswagen Group of America, Inc., and
			 Volkswagen Group of America Chattanooga Operations, LLC (collectively, the
			 "Settling Defendants"), the United States, and the State of California.
In that case, on May 17, 2017, the Court also entered a Second
			 Partial Consent Decree (Dkt. No. 3228-1) among the Settling Defendants, Dr.
			 Ing. h.c. F. Porsche AG, and Porsche Cars North America, Inc. (collectively,
			 the "Defendants"), the United States, and the State of California. Pursuant to
			 the First Partial Consent Decree and the Second Partial Consent Decree, the
			 Defendants and Wilmington Trust, N.A. (the "Trustee"):
(1) entered into said Environmental
		  Mitigation Trust Agreement for State Beneficiaries (i.e., for the 50 States,
		  Puerto Rico, and the District of Columbia) (hereinafter, the "State Trust
		  Agreement") and established the environmental mitigation trust described in the
		  State Trust Agreement (the "State Mitigation Trust" or "State Trust");
		  and
(2) concurrently entered into a
		  separate Environmental Mitigation Trust Agreement for Indian Tribe
		  Beneficiaries (i.e., for federally-recognized Indian Tribes) (hereinafter, the
		  "Indian Tribe Trust Agreement") and established the environmental mitigation
		  trust described in that agreement ("Indian Tribe Mitigation Trust" or "Indian
		  Tribe Trust").
The Settling Defendants and the Trustee acknowledged in the
			 State Trust Agreement that the purpose of the State Mitigation Trust and the
			 Indian Tribe Mitigation Trust is to fulfill the Settling Defendants'
			 environmental mitigation obligations to the states and to the Tribes, under the
			 First Partial Consent Decree and the Settling Defendants' environmental
			 mitigation obligations under the Second Partial Consent Decree.
Therefore, in accepting the Consent Decree and State Trust
			 Agreement recited above, I, Mary Fallin, Governor of the State of Oklahoma,
			 pursuant to the power and authority vested in me by Sections 1, 2, and 8 of
			 Article VI of the Oklahoma Constitution, hereby order the following with
			 respect to the State Trust Agreement and the State Mitigation Trust:
1. On October 30, 2017, I, as the Chief
		  Executive Officer of the State of Oklahoma, certify the beneficiary status of
		  the State of Oklahoma to the State Mitigation Trust, thereby making the State
		  of Oklahoma a Beneficiary to the State Mitigation Trust, as defined in Section
		  1.1 of the State Trust Agreement.
2.
		  I hereby designate the Oklahoma Department of Environmental Quality ("ODEQ") as
		  the Lead Agency (hereinafter, "Lead Agency") within the meaning of the State
		  Trust Agreement, as that term of art is described in paragraph 4.2.1 of the
		  State Trust Agreement.
3. I direct
		  that the Lead Agency, as designated by me, shall coordinate its duties under
		  the Trust under the direction and supervision of the Cabinet Secretary of
		  Energy and Environment ("SOEE") or successor cabinet position having authority
		  over the ODEQ (hereinafter, "Cabinet Secretary"), in the creation and
		  implementation of the State of Oklahoma's Beneficiary Mitigation Plan
		  ("Plan").
4. I further direct that
		  the Lead Agency shall prepare and implement the Plan, as required by and in
		  accordance with the State Trust Agreement as set forth in Section 4.1. Prior to
		  submission of the Plan, the Lead Agency shall present the plan to the Cabinet
		  Secretary for approval.
5. I
		  further direct that the Lead Agency shall work with stakeholders and the
		  general public to solicit projects eligible for funding under the terms of the
		  State Trust Agreement to develop Eligible Mitigation Actions as this term is
		  defined in Section 1.9 of the State Trust Agreement. Prior to submittal of all
		  Eligible Mitigation Action Funding Requests to the Trustee, the Lead Agency
		  shall submit these requests for approval to the Cabinet Secretary. The Lead
		  Agency shall maintain a public-facing website for the purpose of publishing
		  required documents pursuant to the State Trust Agreement.
This Executive Order shall be distributed to all members of the
			 Governor's Executive Cabinet and the chief executives of all State Agencies for
			 implementation consistent with this Executive Order.
BY THE GOVERNOR OF THE STATE OF OKLAHOMA
Mary Fallin
ATTEST:
Dave Lopez
Secretary of State