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An Act
ENROLLED SENATE
BILL NO. 1319 By: Frix of the Senate
and
Sneed, Boles, and Bashore
of the House
An Act relating to Corporation Commission; requiring
certain process be established for cities and
counties to seek certain reimbursement; requiring
city or county to begin certain process before
requesting reimbursement; providing fair market value
be determined by city or county; providing process
for determining valuation; requiring application to
request use of certain funds; prohibiting certain
fee; authorizing Corporation Commission to hear
application; requiring Commission make certain ruling
on eligibility; prohibiting homeowner payments from
certain fund; requiring Commission comply with
certain requirements; requiring certain remediation
and abatement using state plugging funds; requiring
city or county sell property and return proceeds to
certain fund; requiring homeowner act in good faith;
requiring homeowner provide certain copies of claims;
requiring certain proceeds be reimbursed to certain
fund; requiring homeowner be held liable if acting in
bad faith; requiring Attorney General bring action in
certain cases; providing for referral to the
Department of Environmental Quality; requiring
certain reimbursement to Department of Environmental
Quality; requiring the promulgation of certain rules
by Commission; creating the Remediation Assistance
Revolving Fund; establishing revolving fund
characteristics; declaring the funds appropriated;
providing for codification; and declaring an
emergency.
ENR. S. B. NO. 1319 Page 2
SUBJECT: Remediation assistance for environmental emergencies
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 180.14 of Title 17, unless there
is created a duplication in numbering, reads as follows:
A. 1. To alleviate new and ongoing serious environmental
emergencies, a process shall be established to allow cities or
counties to seek reimbursement after acquiring title at fair market
value and removing a residential home that has become contaminated
by a substance including or related to brine or oil. The city or
county shall begin the process to acquire the residential home prior
to requesting reimbursement.
2. Fair market value shall be determined by the city or county
and shall reflect the property's condition prior to the
environmental emergency. Such value shall be established as the
greater of either the most recent valuation of the property by the
county assessor or a comparative market analysis based on sales of
similar properties occurring within the preceding three to six
months.
B. 1. To request the use of funds from the Remediation
Assistance Revolving Fund created in Section 2 of this act, the city
or county shall file an application to be considered by the
Corporation Commission. No fee shall be required to file the
application. The Corporation Commission may hear the application
with or without notice.
2. After considering the evidence presented, the Corporation
Commission shall rule on the application and determine whether the
city or county is eligible for reimbursement.
3. The Remediation Assistance Revolving Fund shall not be used
to pay the homeowner for any damages.
4. Prior to any reimbursement from the Remediation Assistance
Revolving Fund, the Corporation Commission shall comply with the
requirements set forth in the Oklahoma Central Purchasing Act,
ENR. S. B. NO. 1319 Page 3
relating to emergency acquisitions, Section 85.41A of Title 74 of
the Oklahoma Statutes.
5. Once the residence is removed, if the presence of a well is
confirmed, the Corporation Commission shall remediate and abate the
environmental emergency using state plugging funds. After the
property is remediated, the city or county shall sell the property
at fair market value, and return all proceeds, after expenses, to
the Remediation Assistance Revolving Fund.
6. The homeowner shall in good faith pursue all available
homeowner's insurance claims and damage claims and ensure that the
Remediation Assistance Revolving Fund is listed as either the
primary creditor or beneficiary, or both, for all payment of claims.
The homeowner shall provide copies of these claims to the
Corporation Commission upon request. All proceeds received by the
homeowner not related to damaged personal property shall be
reimbursed to the Remediation Assistance Revolving Fund.
C. The homeowner shall be held personally liable if the
Remediation Assistance Revolving Fund is not reimbursed consistent
with this act or if all available homeowner's insurance claims and
damage claims are not pursued in good faith. The Attorney General
shall bring an action in the district court in and for Oklahoma
County, State of Oklahoma, to enforce compliance by the homeowner or
to seek reimbursement to the Remediation Assistance Revolving Fund.
D. If, at any time, the environmental emergency is determined
to not include or be related to brine or oil, or it is determined to
be a naturally occurring breakout, the matter shall be referred to
the Department of Environmental Quality. If costs of remediation
and abatement are expended by the Department of Environmental
Quality, such costs shall be reimbursed by the Remediation
Assistance Revolving Fund if no other eligible funding sources are
available.
E. The Corporation Commission shall promulgate rules to
effectuate the provisions of this section.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 180.15 of Title 17, unless there
is created a duplication in numbering, reads as follows:
ENR. S. B. NO. 1319 Page 4
There is hereby created in the State Treasury a revolving fund
for the Corporation Commission to be designated the "Remediation
Assistance Revolving Fund". The fund shall be a continuing fund,
not subject to fiscal year limitations, and shall consist of all
monies received by the Corporation Commission from any public or
private donations, contributions, and gifts received for the benefit
of the fund and any amounts appropriated by the Legislature
designated for deposit in the fund. All monies accruing to the
credit of the fund are hereby appropriated and may be budgeted and
expended by the Corporation Commission or the Department of
Environmental Quality for the purpose of providing remediation
assistance as provided for in Section 1 of this act. 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 3. 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. S. B. NO. 1319 Page 5
Passed the Senate the 14th day of May, 2026.
Presiding Officer of the Senate
Passed the House of Representatives the 5th day of May, 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: _________________________________