Read the full stored bill text
An Act
ENROLLED SENATE
BILL NO. 1246 By: Rader of the Senate
and
Pfeiffer of the House
An Act relating to the Oklahoma Environmental Quality
Code; amending 27A O.S. 2021, Sections 2-14-103, 2-
14-301, 2-14-302, 2-14-303, and 2-14-304, which
relate to the Oklahoma Uniform Environmental
Permitting Act; modifying definitions; modifying
requirements and procedures for certain
notifications; requiring certain information be made
available online; modifying time frame for which
certain meetings are held; modifying time frame for
which certain response is prepared; modifying
provisions for certain administrative hearing;
updating statutory language; updating statutory
reference; and providing an effective date.
SUBJECT: Environmental permitting
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 27A O.S. 2021, Section 2-14-103,
is amended to read as follows:
Section 2-14-103. For the purposes of the Oklahoma Uniform
Environmental Permitting Act:
1. “Application” means a document or set of documents, filed
with the Department of Environmental Quality for the purpose of
receiving a permit or the modification, amendment, or renewal
thereof from the Department. “Application” Application includes any
subsequent additions, revisions, or modifications submitted to the
ENR. S. B. NO. 1246 Page 2
Department which supplement, correct, or amend a pending
application;
2. “Council” means any advisory council authorized by the
Legislature to recommend rules to the Environmental Quality Board;
3. “Draft permit” means a draft document prepared by the
Department after it has found a Tier II or III application for a
permit to be administratively and technically complete, pursuant to
the requirements of the Oklahoma Environmental Quality Code and
rules promulgated thereunder, and that such application may warrant
the issuance, modification, or renewal of the permit;
4. “Permit” means a permission required by law and issued by
the Department, the application for which has been classified as
Tier I, II, or III by the Board. The term “permit” includes but is
not limited to:
a. specific types of permits and other Department
authorizations including certifications,
registrations, licenses, and plan approvals, and
b. an approved variance from a promulgated rule; however,
for existing facilities the Department may require
additional notice and public participation
opportunities for variances posing the potential for
increased risk;
5. “Process meeting” means a meeting open to the public which
is held by the Department to explain the permitting process and the
public participation opportunities applicable to a specific Tier III
application;
6. “Proposed permit” means a document, based on a draft permit
and prepared by the Department after consideration of comments
received on the draft permit, which indicates the Department’s
decision to issue a final permit pending the outcome of an
administrative permit hearing, if any;
7. “Qualified interest group” means any organization with
twenty-five or more members who are Oklahoma residents of this
state;
ENR. S. B. NO. 1246 Page 3
8. “Response to comments” means a document prepared by the
Department after its review of timely comments received on a draft
denial or draft permit pursuant to public comment opportunities
which:
a. specifies any provisions of the draft permit that were
changed in the proposed or final permit and the
reasons for such changes, and
b. briefly describes and responds to all significant
comments raised during the public comment period or
formal public meeting about the draft denial or draft
permit;
9. “Tier I” means a basic process of permitting which includes
application, notice to the landowner, and Department review. For
the Tier I process a permit shall be issued or denied by a technical
supervisor of the reviewing Division, a local representative of the
Department, or the chief engineer of the Department provided such
authority has been delegated thereto by the Executive Director;
10. “Tier II” means a secondary process of permitting which
includes:
a. the Tier I process,
b. published notice of application filing that contains
information on how the public may view documents,
subscribe to updates, and receive electronic notice of
public participation opportunities related to the
pending application and agency decision,
c. preparation of draft permit or draft denial,
d. published notice electronic notification and
publication of draft permit or draft denial on the
Electronic Environmental Permit Application Docket on
the Department’s website and opportunity for a formal
public meeting, and
e. public meeting, if any, and
ENR. S. B. NO. 1246 Page 4
f. preparation of the Department’s response to comments,
if any.
For the Tier II process, a permit shall be issued or denied by the
Director of the reviewing Division or the chief engineer of the
Department provided such authority has been delegated thereto by the
Executive Director; and
11. “Tier III” means an expanded process of permitting which
includes:
a. the Tier II process except the notice of filing shall
also include an opportunity for a process meeting,
b. preparation of the Department’s response to comments,
and
c. denial of application or preparation of a proposed
permit, or
d. preparation of a proposed permit, published notice of
availability of proposed permit and response to
comments and of opportunity for an administrative
permit hearing;
c. electronic notification and publication of denial of
application or proposed permit, response to comments,
and opportunity for an administrative permit hearing
on the Electronic Environmental Permit Application
Docket on the Department’s website, and
d. administrative permit hearing, if any.
For the Tier III process a permit shall be issued or denied by the
Executive Director.
SECTION 2. AMENDATORY 27A O.S. 2021, Section 2-14-301,
is amended to read as follows:
Section 2-14-301. A. Upon In addition to any other
notification requirement imposed by law, upon filing a Tier II or
ENR. S. B. NO. 1246 Page 5
III application with the Department of Environmental Quality, the
applicant shall publish notice of the filing as legal notice in one
newspaper of general circulation local to the proposed new site or
existing facility once a week for two (2) consecutive weeks. The
publication shall identify locations where the application may be
reviewed, including a location in the county where the proposed new
site or existing facility is located direct the public to the
Electronic Environmental Permit Application Docket on the
Department’s website where the public may view documents related to
the pending application and subscribe to receive electronic notice
of public participation opportunities and receive updates on other
actions related to the pending application. The Department shall
maintain documents related to the pending application on the
Electronic Environmental Permit Application Docket on the
Department’s website until the decision on issuance or denial of any
pending permit application becomes final.
B. For Tier III applications, the publication shall also
include notice of a thirty-day opportunity to request, or give the
date, time and place for, a process meeting on the permitting
process. If the Department receives timely request and determines
that a significant degree of public interest in the application
exists, it shall schedule and hold such meeting. The applicant
shall be entitled to attend the meeting and may make a brief
presentation on the permit request. Any local community meeting to
be held by the applicant on the proposed facility or activity for
which a permit is sought may, with the agreement of the Department
and the applicant, be combined with the process meeting authorized
by this paragraph subsection.
C. The provisions of this section shall not stay the
Department’s review of the application.
SECTION 3. AMENDATORY 27A O.S. 2021, Section 2-14-302,
is amended to read as follows:
Section 2-14-302. A. Upon conclusion of its technical review
of a Tier II or III application within the permitting timeframes
time frames established by rules promulgated by the Environmental
Quality Board, the Department of Environmental Quality shall prepare
a draft denial or draft permit.
ENR. S. B. NO. 1246 Page 6
1. Notice of a draft denial or draft permit shall be given by
the Department and notice of a draft permit shall be given by the
applicant on the Department’s website.
2. Notice of the draft denial or draft permit shall be
published as legal notice in one newspaper local to the proposed new
site or existing facility. The notice shall identify places where
the draft denial or draft permit may be reviewed, including a
location in the county where the proposed new site or existing
facility is located, and shall provide for a set time period for
public comment and for the opportunity to request a formal public
meeting on the respective draft denial or draft permit posted on the
Electronic Environmental Permit Application Docket on the
Department’s website and provided to the applicant and those who
subscribed to receive notifications. The notice shall provide for a
set time period for public comment and for the opportunity to
request a formal public meeting on the respective draft denial or
draft permit. Such time period shall be set at thirty (30) days
after the date the notice is published posted unless a longer time
is required by federal regulations promulgated as rules by the
Board. In lieu of the notice of opportunity to request a public
meeting, notice of the date, time, and place of a public meeting may
be given, if previously scheduled.
B. Upon the publication of notice notification of a draft
permit, the applicant Department shall make the draft permit and the
application, except for proprietary provisions otherwise protected
by law, available for public review at a location in the county
where the proposed new site or existing facility is located on the
Electronic Environmental Permit Application Docket on the
Department’s website.
SECTION 4. AMENDATORY 27A O.S. 2021, Section 2-14-303,
is amended to read as follows:
Section 2-14-303. The Department of Environmental Quality shall
expeditiously schedule and hold a formal public meeting if the
Department receives written timely request for such meeting,
pursuant to the provisions of Section 2-14-302 of this title, and
determines there is a significant degree of public interest in the
draft denial or draft permit.
ENR. S. B. NO. 1246 Page 7
1. Notice of the meeting shall be given to the public posted on
the Electronic Environmental Permit Application Docket on the
Department’s website and provided to the applicant and those who
subscribed to receive notifications at least thirty (30) days prior
to the meeting date.
2. The public meeting shall be held at a location convenient to
and near the proposed new site or existing facility not more than
one hundred twenty (120) seventy-five (75) days after the date
notice of the draft denial or draft permit was published issued
unless the applicant requests a longer period to prepare for the
public meeting.
3. At the meeting, any person may submit oral or written
statements and data concerning the draft denial or draft permit.
Reasonable limits may be set upon the time allowed for oral
statements.
4. The public comment period shall automatically be extended to
the close of the public meeting. Upon good cause shown, the
presiding officer may extend the comment period further to a date
certain by so stating at the meeting.
5. Such meeting shall not be a quasi-judicial proceeding.
6. The applicant or a representative of the applicant shall be
present at the meeting to respond to questions.
SECTION 5. AMENDATORY 27A O.S. 2021, Section 2-14-304,
is amended to read as follows:
Section 2-14-304. A. For draft permits or draft denials for
Tier II applications on which no comment or public meeting request
was timely received and on which no public meeting was held, the
final permit shall be issued or denied.
B. For draft permits or draft denials for Tier II applications
on which comment or a public meeting request was timely received or
on which a public meeting was held, the Department of Environmental
Quality, after considering the comments, shall prepare a response to
comments and issue the draft permit as is or as amended or make
final denial.
ENR. S. B. NO. 1246 Page 8
The response to comments shall be prepared within ninety (90)
forty-five (45) days after the close of the public comment period
unless extended by the Executive Director upon a determination that
additional time is required due to circumstances outside the control
of the Department. Such circumstances may include, but shall not be
limited to, an act of God, a substantial and unexpected increase in
the number of applications filed, an unusually large number of
public comments, unusually lengthy public comments that require
extensive technical responses, additional review duties imposed on
the Department from an outside source, or outside review by a
federal agency.
C. For a draft permit or draft denial for a Tier III
application, after the public comment period and the public meeting,
if any, the Department shall prepare a response to comments and
either issue a final denial in accordance with paragraph 2 of this
subsection or prepare a proposed permit.
1. When a proposed permit is prepared, the applicant Department
shall publish post notice, as legal notice in one newspaper local to
the proposed new site or existing facility, of the Department’s
tentative decision to issue the permit on the Electronic
Environmental Permit Application Docket on the Department’s website
and provide notice to the applicant and those who subscribed to
receive notifications on the permit application. Such notice shall
identify the places where the proposed permit and the Department’s
response to comments may be reviewed, including a location in the
county where the proposed new site or existing facility is located
and shall offer a twenty-day opportunity to request an
administrative hearing to participate in as a party. The
opportunity to request a hearing shall be available to the applicant
and any person or qualified interest group who claims to hold a
demonstrable environmental interest and who alleges that the
construction or operation of the proposed facility or activity would
directly and adversely affect such interest.
If no written administrative hearing request is received by the
Department by the end of twenty (20) days after the publication date
of the notice, the final permit shall be issued.
ENR. S. B. NO. 1246 Page 9
2. If the Department’s final decision is to deny the permit, it
shall give notice to the applicant and issue a final denial in
accordance with subsection F of this section.
D. When an administrative hearing is timely requested on a
proposed permit in accordance with subsection C of this section, all
timely requests shall be combined in a single hearing. The hearing
shall be a quasi-judicial proceeding and shall be conducted by an
Administrative Law Judge administrative law judge in accordance with
Article 2 of the Administrative Procedures Act, the Oklahoma
Environmental Quality Code and rules promulgated by the
Environmental Quality Board.
1. The applicant shall be a party to the hearing.
2. The Department shall schedule hold a prehearing conference
within sixty (60) forty-five (45) days after the end of the hearing
request period.
3. The Department shall move expeditiously to an evidentiary
proceeding in which parties shall have the right to present evidence
before the Department on whether the proposed permit and the
technical data, models and analyses, and information in the
application upon which the proposed permit is based are in
substantial compliance with applicable provisions of the Code and
rules promulgated thereunder and whether the proposed permit should
be issued as is, amended and issued, or denied.
4. Failure of any party to participate in the administrative
proceeding with good faith and diligence may result in a default
judgment with regard to that party; provided, however, that no final
permit shall be issued solely on the basis of any such judgment.
E. If the Department decides to reverse its initial draft
decision, it shall withdraw the draft denial or draft permit and
prepare a draft permit or draft denial, as appropriate. Notice of
the withdrawal of the original draft and preparation of the revised
draft shall be given as provided in Section 2-14-302 of this title.
The Department shall then re-open reopen the comment period and
provide additional opportunity for a formal public meeting on the
revised draft as described in Section 2-14-303 of this title.
ENR. S. B. NO. 1246 Page 10
F. Upon final issuance or denial of a permit for a Tier III
application, the Department shall provide public notice notification
of the final permit decision and the availability of the response to
comments, if any.
G. Any appeal of a Tier III final permit decision or any final
order connected therewith shall be made in accordance with the
provisions of the Code and the Administrative Procedures Act.
H. Any applicant, within ten (10) days after final denial of
the application for a new original permit on which no final order
was issued, may petition the Department for reconsideration on the
grounds stated in subsection A of Section 317 of Title 75 of the
Oklahoma Statutes as if the denial was an order. Disposition of the
petition shall be by order of the Executive Director according to
subsections B and D of Section 317 of Title 75 of the Oklahoma
Statutes.
SECTION 6. This act shall become effective November 1, 2026.
ENR. S. B. NO. 1246 Page 11
Passed the Senate the 10th day of March, 2026.
Presiding Officer of the Senate
Passed the House of Representatives the 30th day of April, 2026.
Presiding Officer of the House
of Representatives
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: _________________________________