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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1726 By: Shaw
AS INTRODUCED
An Act relating to biosolids; defining terms;
prohibiting land application, spreading, sale, and
distribution of certain materials; providing
exception to prohibition; providing civil liability
for violations; providing jurisdiction for
enforcement; directing production of report by the
Department of Environmental Quality; specifying
contents of report; requiring delivery of report by
certain date; requiring the Oklahoma Department of
Agriculture, Food, and Forestry to develop removal,
remediation, and recovery plans for certain
agricultural producers; directing production of
report by the Oklahoma Department of Agriculture,
Food, and Forestry; requiring the Oklahoma Department
of Agriculture, Food, and Forestry and the Oklahoma
Department of Environmental Quality to develop
policies to provide available funding for certain
purposes; providing for codification; and declaring
an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2-10-406 of Title 27A, unless
there is created a duplication in numbering, reads as follows:
A. As used in this act:
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1. “Biosolids” means solids separated from liquids during the
wastewater treatment process which are treated physically and
chemically to produce a semisolid, nutrient-rich product;
2. “Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” or
"PFOAS" means non-polymeric perfluoroalkyl and polyfluoroalkyl
substances that contain at least two sequential, fully fluorinated
carbon atoms, excluding gases and volatile liquids;
3. “Sewage sludge” means the residual, semi-solid material that
is produced as a byproduct of sewage by municipal, commercial, or
industrial wastewater treatment plants; and
4. “Septage” means a fluid mixture of untreated and partially
treated sewage solids, liquids, and sludge of human or domestic
origin, which is removed from a septic tank.
B. Notwithstanding any other provision of law, and except as
provided in subsection C of this section, no person in this state
shall:
1. Apply to or spread on any land of this state:
a. sludge generated from a municipal, commercial, or
industrial wastewater treatment plant,
b. compost material that included in its production
sludge generated from a municipal, commercial, or
industrial wastewater treatment plant or septage, or
c. any other product or material that is intended for use
as a fertilizer, soil amendment, topsoil replacement,
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mulch, or other similar agricultural purpose that is
derived from or contains sludge generated from a
municipal, commercial, or industrial wastewater
treatment plant or septage; or
2. Sell or distribute in this state:
a. compost material that included in its production
sludge generated from a municipal, commercial, or
industrial wastewater treatment plant or septage, or
b. any other product or material that is intended for use
as a fertilizer, soil amendment, topsoil replacement,
mulch, or other similar agricultural purpose that is
derived from or contains sludge generated from a
municipal, commercial, or industrial wastewater
treatment plant or septage.
C. The prohibited actions in subsection B of this section shall
not apply to:
1. The disposal or placement of materials described in
subsection B of this section at a lined and monitored solid waste
landfill until alternative approved safe processes of disposal are
implemented;
2. The land application of or the sale or distribution of
compost material or other agricultural product derived from or
containing residuals generated as a result of the processing or
cultivation of food, food waste, crops, or vegetative material; the
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brewing of malt liquor; the fermenting of wine or hard cider; or the
distilling of spirits, including, but not limited to, blueberries,
apples, grapes, potatoes, seaweed, fish and seafood, and spent grain
or malt. Provided, the exemption under this subsection shall only
apply if the agricultural product is not cultivated in soil
previously treated with biosolids and that such product is not mixed
with sludge from a municipal, commercial, or industrial wastewater
treatment plant, septage, sewage, or sanitary wastewater prior to or
during land application or during the production of the agricultural
product;
3. The land application, sale, or distribution of compost
material or agricultural product or material derived from or
containing sludge resulting from the production of precipitated
calcium carbonate; and
4. The land application, sale, or distribution of compost
material or other agricultural product or material derived from or
containing manure from animals, zoos, or other agricultural sources.
D. The Department of Environmental Quality shall have
jurisdiction to enforce the provisions of this section as they
pertain to prohibition of land application or spreading of materials
described under this section. The Oklahoma Department of
Agriculture, Food, and Forestry shall have jurisdiction to enforce
the provisions of this section regarding agriculture. The
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Departments shall enter into a memorandum of understanding to
effectively enforce the provisions of this section.
E. Pursuant to subsection B of this section, any actions after
the effective date of this act, resulting in future contamination
from perfluoroalkyl and polyfluoroalkyl substances (PFAS or PFOAS),
from land application of biosolids, sewage sludge, or septage, shall
be civilly liable to this state and to the people of Oklahoma for
costs arising from releases of PFAS or PFOAS to the environment from
noncompliance to this act. The funds resulting from such liability
shall be used for the remediation and recovery of affected Oklahoma
lands, crops, livestock, waters, and impacted human health.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2-10-407 of Title 27A, unless
there is created a duplication in numbering, reads as follows:
A. The Department of Environmental Quality shall assess, study,
and develop a long-term plan for the purposes of prohibiting the
land application of septage in this state and proposing alternate
methods of safely processing PFAS, PFOAS, biosolids, sewage sludge,
and septage in this state and implementing safe management
processes. The plan shall include, but not be limited to:
1. Identification of the available capacity at wastewater
treatment plants or other treatment or disposal facilities in this
state to manage and safely process sludge that was previously land-
applied prior to the effective date of this act;
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2. Determination of the capacity and alternate processes
anticipated to be necessary to manage septage following the
prohibition of land application in this state;
3. Development of recommendations to support and fund
additional management capacity, if necessary; and
4. Development of recommendations concerning a framework for
the long-term prohibition of land application in this state and
alternative safe management, treatment, and processing of biosolids
and sewage sludge.
B. The Department shall submit the final report to the
President Pro Tempore of the Oklahoma State Senate, the Speaker of
the Oklahoma House of Representatives, the Governor, and the
relevant legislative committee chairs overseeing environment and
natural resources not later than December 1, 2025. The report shall
include any suggested legislative implementations resulting from the
study.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2-10-408 of Title 27A, unless
there is created a duplication in numbering, reads as follows:
A. The Oklahoma Department of Agriculture, Food, and Forestry
shall develop a comprehensive plan to protect agricultural producers
who are impacted by perfluoroalkyl and polyfluoroalkyl substances
(PFAS) contamination from the land application or spreading of:
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1. Sludge generated from a municipal, commercial, or industrial
wastewater treatment plant;
2. Compost material that included in its production sludge
generated from a municipal, commercial, or industrial wastewater
treatment plant; or
3. Any other product or material that is intended for use as a
fertilizer, soil amendment, topsoil replacement, mulch, or other
similar agricultural purpose that is derived from or contains sludge
generated from a municipal, commercial, or industrial wastewater
treatment plant or septage.
B. The Department shall work directly with impacted
agricultural producers to identify sources of contamination and
institute best practices for immediate and successful PFAS removal,
remediation, and recovery, including any necessary surveys and
testing.
C. The Department shall submit the final report to the
President Pro Tempore of the Oklahoma State Senate, the Speaker of
the Oklahoma House of Representatives, the Governor, and the
relevant legislative committee chairs overseeing environment and
natural resources not later than December 1, 2025. The report shall
include the estimated total cost of PFAS removal, remediation, and
recovery under this section. Upon the convening of the next
legislative session, the reported amount shall be included in the
general appropriations bill for the upcoming fiscal year.
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SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2-10-409 of Title 27A, unless
there is created a duplication in numbering, reads as follows:
The Oklahoma Department of Agriculture, Food and Forestry shall
develop policies to provide all necessary state funding and any
applicable federal funding for:
1. Water treatment infrastructure to remove perfluoroalkyl and
polyfluoroalkyl substances (PFAS). Water for the purposes of this
section shall include all rivers, streams, creeks, brooks,
reservoirs, ponds, lakes, springs, ground water, aquifers, private
wells, and all bodies of surface waters, artificial or natural,
which are contained within, flow through, or border upon the state
or any portion of it;
2. Perfluoroalkyl and polyfluoroalkyl substances (PFAS)
voluntary testing and investigation which will allow state
regulators to research and identify potentially impacted farms,
ranches, communities, water sources, or food products; and
3. Financial assistance and voluntary medical monitoring for
impacted families, neighbors, and communities as a result of
perfluoroalkyl and polyfluoroalkyl substances (PFAS) biosolids, and
sewage sludge land applications.
SECTION 5. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
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declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
60-1-11010 JL 01/15/25