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An Act
ENROLLED SENATE
BILL NO. 1439 By: Daniels and Thompson of the
Senate
and
Moore, Archer, Boles,
Bashore, Hays, and Steagall
of the House
An Act relating to oil and gas; creating the Energy
Security and Independence Act; providing short title;
providing legislative purpose; defining terms;
prohibiting covered civil liability actions;
construing provisions; providing for codification;
and providing an effective date.
SUBJECT: Oil and gas
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 46.5 of Title 52, unless there
is created a duplication in numbering, reads as follows:
A. This act shall be known and may be cited as the “Energy
Security and Independence Act”.
B. The purposes of this act are:
1. To prohibit causes of action against those who lawfully
produce, manufacture, purchase for generation of electricity, or
sell fossil fuels and their trade associations, when this highly
regulated product functions as designed and intended;
ENR. S. B. NO. 1439 Page 2
2. To preserve lawful access to affordable, clean, and reliable
fossil fuels that increase the productive capacity of this state and
thereby bolster economic growth and its downstream benefits
including, but not limited to, a tax base, jobs, and increased
worker access to health care and housing; and
3. To prevent the use of lawsuits that seek the imposition of
unreasonable burdens on the commerce of fossil fuels.
C. As used in this section:
1. “Covered civil liability action” means any civil action or
proceeding, including any administrative proceeding, brought against
a manufacturer, producer, processor, fractionator, refiner, storage
operator, pipeline operator, transporter, or seller of covered
product or any purchaser of covered product for the generation of
electricity for legal or equitable relief of any kind arising out of
or resulting from the production, manufacture, processing,
fractionation, refinement, storage, transportation, marketing, sale,
or use of covered product and such action or proceeding arises out
of or relates to, or seeks relief of any kind arising out of or
relating to, climate change, the alleged effects of climate change,
or greenhouse emissions. Covered civil liability action includes,
but is not limited to, any cause of action for fraud,
misrepresentation, deception, or failure to warn, whether statutory
or at common law, that purports to seek relief for climate change,
the alleged effects of climate change, or greenhouse emissions.
Covered civil liability action shall not include an action,
proceeding, or administrative proceeding brought for unlawful acts
arising out of:
a. a violation of federal or state environmental law or
regulation establishing a standard or operational
practice governing the emission, discharge, or storage
of covered product, or
b. a violation of federal or state worker protection
laws;
2. “Covered product” means a fossil fuel or fossil fuels;
ENR. S. B. NO. 1439 Page 3
3. “Engaged in the business” means any party that produces,
manufactures, transports, sells, or is otherwise involved in
intrastate, interstate, or foreign commerce of covered product and
any party that devotes time, attention, or labor to the production,
manufacture, transportation, or sale of covered product as a regular
course of trade or business with the principal objective of
livelihood or profit;
4. “Fossil fuel” or “fossil fuels” means natural gas, oil,
coal, liquefied petroleum gas, natural gas liquids, refined
products, and any product derived from such material;
5. “Manufacturer” means any person or entity that is engaged in
the business of manufacturing covered product, including any person
or entity that produces, processes, fractionates, refines, stores,
or transports covered product for its lawful use and sale for
profit;
6. “Person” means any individual, corporation, company,
association, firm, partnership, society, joint stock company, or any
other entity, including governmental entities;
7. “Producer” means any person or entity that is engaged in the
business of exploration, production, or transportation of covered
product or any of its constituent portions for its lawful use and
sale for profit;
8. “Seller” means any importer, exporter, dealer, wholesaler,
or retailer that is engaged in the business of selling covered
product for profit;
9. “Trade association” means any corporation, unincorporated
association, federation, business league, or professional or
business organization not organized or operated for profit and no
part of the net earnings of which inure to the benefit of any
private shareholder or individual; and
10. “Transporter” means any person or entity that is engaged in
the business of transporting, transferring, conveying, or moving
covered product or any of its constituent portions for its lawful
use and sale for profit.
ENR. S. B. NO. 1439 Page 4
D. 1. A covered civil liability action may not be brought in
any court in this state.
2. No provision of this section shall be construed to create a
public or private cause of action or remedy.
SECTION 2. This act shall become effective November 1, 2026.
ENR. S. B. NO. 1439 Page 5
Passed the Senate the 10th day of March, 2026.
Presiding Officer of the Senate
Passed the House of Representatives the 20th 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: _________________________________