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An Act
ENROLLED HOUSE
BILL NO. 2789 By: Caldwell (Trey) and Kane of
the House
and
Hall and Haste of the
Senate
An Act relating to the Oklahoma Water Resources
Board; making appropriations; identifying source;
establishing amounts; providing purposes; requiring
and limiting the utilization of funds; creating
certain special accounts; limiting duration of
accounts; requiring certain determination; providing
and limiting the nature of the accounts and the funds
within the accounts; authorizing agency to submit
request for certain deposits or transfers; requiring
certain compliance and verifications; authorizing
certain memorandums of understanding; limiting scope;
prohibiting certain memoranda terms; authorizing and
limiting the promulgation of rules and utilization of
procedures; authorizing and limiting the retention of
monies for administration costs; requiring certain
reports and submissions to certain entities;
requiring appearance before certain joint committee;
limiting duration of certain requirements; providing
for noncodification; providing an effective date; and
declaring an emergency.
SUBJECT: Oklahoma Water Resources Board
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
ENR. H. B. NO. 2789 Page 2
There is hereby appropriated to the Oklahoma Water Resources
Board from any monies not otherwise appropriated from the Statewide
Recovery Fund of the State Treasury created in Section 255 of Title
62 of the Oklahoma Statutes, the sum of Three Million Three Hundred
Thousand Dollars ($3,300,000.00), or so much thereof as may be
necessary due to increased costs of the project funded in Section 7
of Enrolled Senate Bill No. 13 of the 2nd Extraordinary Session of
the 58th Oklahoma Legislature. Such funds shall be utilized in a
manner consistent with the recommendations adopted by the Joint
Committee on Pandemic Relief Funding on May 12, 2025.
SECTION 2. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
There is hereby appropriated to the Oklahoma Water Resources
Board from any monies not otherwise appropriated from the Statewide
Recovery Fund of the State Treasury created in Section 255 of Title
62 of the Oklahoma Statutes, the sum of Six Million Six Hundred
Twenty-five Thousand Six Hundred Sixty-one Dollars and forty-eight
cents ($6,625,661.48), or so much thereof as may be necessary to
complete projects that did not receive funds in the grant programs
described in Sections 2 and 3 of Enrolled Senate Bill No. 13 of the
2nd Extraordinary Session of the 58th Oklahoma Legislature. Such
funds shall be utilized in a manner consistent with the
recommendations adopted by the Joint Committee on Pandemic Relief
Funding on May 12, 2025.
SECTION 3. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
A. There is hereby created in the State Treasury a Statewide
Recovery Special Account for the Oklahoma Water Resources Board for
each appropriation section of this act. The duration of such
accounts shall continue for the period of time that monies related
to the American Rescue Plan Act of 2021 are being budgeted,
expended, or managed in the state. The ending of such period shall
be determined by the State Treasurer, and shall result in the
closing of such accounts as a matter of law. Such accounts shall be
continuing accounts as otherwise provided in this section, not
subject to fiscal year limitations, and shall exclusively consist of
monies related to the relevant appropriations made in this act and
as otherwise directed by law. All monies deposited to the credit of
such accounts are hereby appropriated and may be budgeted and
expended by the Oklahoma Water Resources Board in accordance with
the provisions of this act. Expenditures from such accounts shall
ENR. H. B. NO. 2789 Page 3
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.
B. The Oklahoma Water Resources Board is authorized to request
in writing that the monies appropriated by the provisions of this
act be deposited or transferred to the accounts created pursuant to
subsection A of this section. No later than seven (7) calendar days
from the date of such request, the Director of the Office of
Management and Enterprise Services shall comply with such request
and verify to the requesting agency that such deposit or transfer
has been completed.
SECTION 4. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
The Oklahoma Water Resources Board may enter into memorandums of
understanding with other agencies of the State of Oklahoma for the
auditing, documentation, evaluation, implementation, oversight,
reporting, and management of funds and associated efforts related to
the appropriations made in this act; provided, that no such
memorandum of understanding shall require or include, as an option
or condition, the direct or practical transfer or relinquishment of
control by the agency appropriated such funds to budget, expend,
allocate, and request the distribution of the funds appropriated by
this act.
SECTION 5. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
The Oklahoma Water Resources Board may promulgate rules, utilize
existing rules, establish procedures, and utilize existing
procedures to implement the provisions of this act; provided, such
rules and procedures do not conflict with or impede the provisions
of this act.
SECTION 6. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
The Oklahoma Water Resources Board is authorized to enter into
contracts with financial institutions and execute such instruments
as may be necessary and convenient to hold and disseminate grant
funds in accordance with applicable federal and state regulations
and Board policies.
ENR. H. B. NO. 2789 Page 4
SECTION 7. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
From the funds appropriated by Sections 1 and 2 of this act, the
Oklahoma Water Resources Board shall retain no more than four
percent (4%) of the funds appropriated by this act to reimburse:
1. Costs incurred by the Oklahoma Water Resources Board; or
2. Costs incurred on the agency's behalf,
associated with the administration of the appropriated funds and
programming required by the Oklahoma Water Resources Board under the
provisions of this act; provided, that no funds shall be retained
that would be disallowable under the provisions of the American
Rescue Plan Act of 2021.
SECTION 8. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
A. The Oklahoma Water Resources Board shall:
1. Submit to the Chairs of the Joint Committee on Pandemic
Relief Funding, or any successor, Oklahoma House of Representatives,
or Oklahoma State Senate legislative committee or joint committee,
as designated by the Speaker of the Oklahoma House of
Representatives and the President Pro Tempore of the Oklahoma State
Senate:
a. a written or electronic quarterly report detailing the
budgeting, expenditure, and management of all monies
appropriated in this act, and
b. a copy of all memorandums of understanding and
contracts with third parties entered into by the
Oklahoma Water Resources Board to facilitate, assist,
or administer powers and duties provided to the
Oklahoma Water Resources Board under the provisions of
this act; and
2. At the Joint Committee on Pandemic Relief Funding's request,
appear before the Joint Committee no later than six (6) months after
the effective date of this act, and as otherwise requested by the
Joint Committee to provide a status update regarding the
implementation of the provisions of this act.
ENR. H. B. NO. 2789 Page 5
B. The provisions of subsection A of this section shall remain
applicable for the period of time that monies appropriated under
this act are being budgeted, expended, or managed in the state. The
ending of such period shall be determined by the State Treasurer,
and shall be reported to the Governor, the Speaker of the House of
Representatives, and President Pro Tempore of the Senate.
SECTION 9. This act shall become effective July 1, 2025.
SECTION 10. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
ENR. H. B. NO. 2789 Page 6
Passed the House of Representatives the 20th day of May, 2025.
Presiding Officer of the House
of Representatives
Passed the Senate the 22nd day of May, 2025.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________