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ENGR. S. A. TO ENGR. H. B. NO. 3403 Page 1
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ENGROSSED SENATE AMENDMENT
TO
ENGROSSED HOUSE
BILL NO. 3403 By: Patzkowsky and Alonso-
Sandoval of the House
and
Stewart of the Senate
An Act relating to environment and natural resources;
creating the Oklahoma Biosolids Land Application
Research Pilot Program Act; requiring the Department
of Environmental Quality to administer Pilot Program
in cooperation with *** funding; requiring deposit of
funds in certain revolving fund; creating the
Oklahoma Biosolids Land Application Research Pilot
Program Act Revolving Fund; describing fund;
providing for content of fund; providing for deposits
and expenditures; providing for codification; and
providing an effective date.
AUTHOR: Add the following Senate Coauthor: Green
AMENDMENT NO. 1. Page 1, strike the title, enacting clause and
entire bill and insert
“An Act relating to environment and natural
resources; creating the Oklahoma Biosolids Land
Application Research Pilot Program Act; providing
short title; requiring the Department of
Environmental Quality to administer the Oklahoma
Biosolids Land Application Research Pilot Program in
cooperation with Oklahoma State University; providing
for expiration of the pilot program; listing
requirements for the pilot program; requiring
electronic submission of certain annual report;
listing requirements for annual report; authorizing
partnerships with private landowners; limiting
liability; making certain exemption; requiring
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certain documentation be kept; authorizing continued
application upon certain finding; requiring
utilization of certain technology; prohibiting land
application of certain materials upon certain date;
prohibiting issuance of certain permits; requiring
cessation of certain actions by certain dates;
requiring plan submission by certain permittees by
certain date; directing rule promulgation; defining
term; authorizing funding; requiring deposit of funds
in certain revolving fund; creating the Oklahoma
Biosolids Land Application Research Pilot Program Act
Revolving Fund; describing fund; providing for
content of fund; providing for deposits and
expenditures; providing for codification; and
providing an effective date.
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 2-10-1120 of Title 27A, unless
there is created a duplication in numbering, reads as follows:
This act shall be known and may be cited as the “Oklahoma
Biosolids Land Application Research Pilot Program Act”.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2-10-1121 of Title 27A, unless
there is created a duplication in numbering, reads as follows:
A. There is hereby created at Oklahoma State University (OSU)
the Oklahoma Biosolids Land Application Research Pilot Program. The
pilot program shall be administered by the Department of
Environmental Quality (DEQ) in cooperation with the OSU Division of
Agricultural Sciences and Natural Resources and in coordination with
the OSU College of Engineering, Architecture and Technology, the OSU
ENGR. S. A. TO ENGR. H. B. NO. 3403 Page 3
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Department of Environmental Science, and the OSU Cooperative
Extension Service. The pilot program shall operate for an initial
three-year period.
B. The pilot program shall:
1. Identify and approve study plots on agricultural lands,
including, but not limited to, OSU-owned research farms and, as
appropriate, cooperating private farms and farms that have a history
of using biosolids;
2. Develop biosolids application protocols, including:
a. nutrient content evaluation,
b. pathogen and contaminant screening, including
perfluoroalkyl and polyfluoroalkyl substances (PFAS),
heavy metals, and pharmaceuticals,
c. application rates, and
d. soil amendment practices;
3. Conduct agronomic research, including crop yield impacts,
soil health changes, and nutrient cycling;
4. Conduct environmental impact studies, including:
a. surface and groundwater monitoring,
b. soil residual testing, and
c. air quality, odor, and vector considerations;
5. Assess regulatory models, including best management
practices, permitting options, and compliance structures suitable
for this state;
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6. Coordinate with the DEQ and may utilize biosolids supplied
by municipal wastewater treatment facilities of this state that meet
DEQ and United States Environmental Protection Agency (EPA)
standards; and
7. Provide outreach and education to farmers, ranchers,
conservation districts, and municipalities in this state through OSU
Extension programs.
C. An electronic report shall be submitted annually to the
Governor, the President Pro Tempore of the Senate, the Speaker of
the House of Representatives, and the DEQ regarding findings, data,
and recommendations. Annual reports shall be submitted no later
than December 1 and include:
1. Agronomic outcomes;
2. Environmental monitoring results;
3. Risk assessments;
4. Recommendations for statewide standards or rules; and
5. Cost-benefit analysis for farmers and municipalities.
D. OSU may partner with private agricultural landowners who
volunteer to participate in research trials. OSU shall secure
written consent, ensure DEQ compliance, and provide guidelines for
application, monitoring, and sampling. No landowner shall be held
liable for environmental impacts resulting solely from adherence to
OSU protocols developed under the pilot program.
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E. Biosolids applied under the pilot program shall be exempt
from state permitting otherwise required under environmental or land
application rules, only to the extent necessary to conduct
controlled research, and only when research protocols meet or exceed
DEQ and EPA requirements. OSU shall coordinate with the DEQ to
ensure proper recordkeeping and transport documentation.
F. The pilot program may be funded by legislative
appropriations, federal research grants, municipal contributions,
private or industry research partnerships, or in-kind contributions
of biosolids or laboratory services. Funds for administering the
pilot program shall be deposited into the Oklahoma Biosolids Land
Application Research Pilot Program Act Revolving Fund created in
Section 3 of this act.
G. 1. Upon completion of the three-year pilot program, if the
findings, data, and recommendations in the reports required pursuant
to subsection C of this section indicate that land application of
biosolids is considered to be safe and cost-effective, the DEQ shall
continue to issue new permits and renewals for such application of
biosolids in accordance with the report recommendations.
2. Municipalities shall require the use of microbial
biotechnology approved by the DEQ to reduce the volume of biosolids
at a wastewater treatment plant. Additionally, such municipalities
shall adopt technology approved by the DEQ to reduce biosolid odor
and dry solid matter at a wastewater treatment plant.
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H. 1. Upon completion of the three-year pilot program, if the
findings, data, and recommendations in the reports required pursuant
to subsection C of this section indicate that land application of
biosolids would be a detriment to the health and safety of this
state, such application shall be prohibited on and after December 1,
2029, and the DEQ shall not issue any new permit for the land
application of biosolids. Renewal of permits for land application
shall be left to the discretion of the DEQ for the purpose of aiding
municipalities with the reduction of land application of biosolids.
2. Not later than December 1, 2027, all persons or entities
permitted to land apply biosolids shall reduce the amount of such
material land applied by at least twenty-five percent (25%).
3. Not later than December 1, 2028, all persons or entities
permitted to land apply biosolids shall reduce the amount of such
material land applied by at least fifty percent (50%).
4. Not later than December 1, 2029, any person or entity
permitted to land apply biosolids shall submit a plan for full
cessation of such actions to the DEQ. The plan shall be compiled
and submitted in the form and manner prescribed by the DEQ.
I. The DEQ shall promulgate rules to implement the provisions
subsections G and H of this section.
J. For the purposes of this section, “biosolids” means treated
sewage sludge derived from municipal or domestic wastewater
treatment plants.
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SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2-10-1122 of Title 27A, unless
there is created a duplication in numbering, reads as follows:
There is hereby created in the State Treasury a revolving fund
for the Department of Environmental Quality to be designated the
“Oklahoma Biosolids Land Application Research Pilot Program Act
Revolving Fund”. The fund shall be a continuing fund, not subject
to fiscal year limitations, and shall consist of all monies received
by the Department from appropriations, apportionments, donations,
and federal grants received for the purpose of conducting the
provisions of the Oklahoma Biosolids Land Application Research Pilot
Program created pursuant to Section 2 of this act. All monies
accruing to the credit of the fund are hereby appropriated and may
be budgeted and expended by the Department for the purpose provided
for in this section. 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.
SECTION 4. This act shall become effective November 1, 2026.”
ENGR. S. A. TO ENGR. H. B. NO. 3403 Page 8
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Passed the Senate the 22nd day of April, 2026.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2026.
Presiding Officer of the House
of Representatives
ENGR. H. B. NO. 3403 Page 1
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ENGROSSED HOUSE
BILL NO. 3403 By: Patzkowsky and Alonso-
Sandoval of the House
and
Stewart of the Senate
An Act relating to environment and natural resources;
creating the Oklahoma Biosolids Land Application
Research Pilot Program Act; requiring the Department
of Environmental Quality to administer Pilot Program
in cooperation with Oklahoma State University;
providing for expiration of the Pilot Program;
listing requirements for the Pilot Program; requiring
submission of certain annual report; listing
requirements for annual report; authorizing
partnerships with private landowners; limiting
liability; making certain exemption; requiring
certain documentation be kept; authorizing funding;
requiring deposit of funds in certain revolving fund;
creating the Oklahoma Biosolids Land Application
Research Pilot Program Act Revolving Fund; describing
fund; providing for content of fund; providing for
deposits and expenditures; providing for
codification; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2-10-1120 of Title 27A, unless
there is created a duplication in numbering, reads as follows:
This act shall be known and may be cited as the "Oklahoma
Biosolids Land Application Research Pilot Program Act".
ENGR. H. B. NO. 3403 Page 2
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SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2-10-1121 of Title 27A, unless
there is created a duplication in numbering, reads as follows:
A. There is hereby created at Oklahoma State University (OSU)
the Oklahoma Biosolids Land Application Research "Pilot Program".
The Pilot Program shall be administered by the Department of
Environmental Quality (DEQ) in cooperation with the Division of
Agricultural Sciences and Natural Resources in coordination with the
OSU College of Engineering, Architecture and Technology, the OSU
Department of Environmental Science, and the Cooperative Extension
Service. The Pilot Program shall operate for an initial five-year
period.
B. The Pilot Program shall:
1. Identify and approve study plots on agricultural lands,
including, but not limited to, OSU-owned research farms and, as
appropriate, cooperating private farms;
2. Develop biosolids application protocols, including:
a. nutrient content evaluation,
b. pathogen and contaminant screening (including
perfluoroalkyl and polyfluoroalkyl substances (PFAS),
heavy metals, and pharmaceuticals),
c. application rates, and
d. soil amendment practices;
ENGR. H. B. NO. 3403 Page 3
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3. Conduct agronomic research, including crop yield impacts,
soil health changes, and nutrient cycling;
4. Conduct environmental impact studies, including:
a. surface and groundwater monitoring,
b. soil residual testing, and
c. air quality, odor, and vector considerations;
5. Assess regulatory models, including best management
practices, permitting options, and compliance structures suitable
for Oklahoma;
6. Coordinate with the DEQ and may utilize biosolids supplied
by Oklahoma municipal wastewater treatment facilities that meet DEQ
and Environmental Protection Agency (EPA) standards; and
7. Provide outreach and education to Oklahoma farmers,
ranchers, conservation districts, and municipalities through OSU
Extension programs.
C. A report shall be submitted annually to the Governor, the
President Pro Tempore of the Oklahoma State Senate, the Speaker of
the Oklahoma House of Representatives, and the DEQ regarding
findings, data, and recommendations. Annual reports shall be
submitted no later than December 1 and include:
1. Agronomic outcomes;
2. Environmental monitoring results;
3. Risk assessments;
4. Recommendations for statewide standards or rules; and
ENGR. H. B. NO. 3403 Page 4
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5. Cost-benefit analysis for farmers and municipalities.
D. OSU may partner with private agricultural landowners who
volunteer to participate in research trials. OSU shall secure
written consent, ensure DEQ compliance, and provide guidelines for
application, monitoring, and sampling. No landowner shall be held
liable for environmental impacts resulting solely from adherence to
OSU protocols developed under the Pilot Program.
E. Biosolids applied under the Pilot Program shall be exempt
from state permitting otherwise required under environmental or land
application rules, only to the extent necessary to conduct
controlled research, and only when research protocols meet or exceed
DEQ and EPA requirements. OSU shall coordinate with DEQ to ensure
proper recordkeeping and transport documentation.
F. The Pilot Program may be funded by legislative
appropriations, federal research grants, municipal contributions,
private or industry research partnerships, or in-kind contributions
of biosolids or laboratory services. Funds for administering the
Pilot Program shall be deposited into the Oklahoma Biosolids Land
Application Research Pilot Program Act Revolving Fund created in
Section 3 of this act.
SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2-10-1122 of Title 27A, unless
there is created a duplication in numbering, reads as follows:
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There is hereby created in the State Treasury a revolving fund
for the Department of Environmental Quality to be designated the
"Oklahoma Biosolids Land Application Research Pilot Program Act
Revolving Fund". The fund shall be a continuing fund, not subject
to fiscal year limitations, and shall consist of all monies received
by the Department from appropriations, apportionments, donations,
and federal grants received for the purpose of conducting the
provisions of the Oklahoma Biosolids Land Application Research Pilot
Program created pursuant to Section 2 of this act. All monies
accruing to the credit of the fund are hereby appropriated and may
be budgeted and expended by the Department for the purpose provided
for in this section. 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.
SECTION 8. This act shall become effective November 1, 2026.
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Passed the House of Representatives the 11th day of March, 2026.
Presiding Officer of the House
of Representatives
Passed the Senate the _____ day of __________, 2026.
Presiding Officer of the Senate