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SENATE FLOOR VERSION - SB1471 SFLR Page 1
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SENATE FLOOR VERSION
February 24, 2026
AS AMENDED
SENATE BILL NO. 1471 By: Boren
An Act relating to municipal powers; amending 27A
O.S. 2021, Section 2-10-901, which relates to
municipal solid waste management systems; authorizing
certain fee; stating permissible uses of fee; stating
criteria for fee assessment; authorizing certain
ordinance; amending 27A O.S. 2021, Section 2-11-504,
which relates to the Plastic Container Labeling Act;
adding definition; modifying applicability of act;
construing provision; and providing an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 27A O.S. 2021, Section 2-10-901,
is amended to read as follows:
Section 2-10-901. A. All incorporated cities and towns may
directly or through a public trust of which it is a beneficiary
develop a plan, subject to the approval of the Department of
Environmental Quality, to provide a solid waste management system
and shall adequately provide for the collection and disposal of
solid waste generated or existing within the incorporated limits of
such city or town or in the area to be served thereby at one or more
disposal sites. The governing body of the city or town may enter
into agreements with a county or counties, with one or more other
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incorporated towns or cities, with persons or trusts, or with any
combination thereof, to provide a disposal site or implement a solid
waste management system for the incorporated city or town. The
governing body of the city or town authorized to establish, operate,
and maintain municipal solid waste management systems may levy and
collect narrowly tailored fees to offset the costs of such solid
waste management systems.
B. The governing body of such town or city shall have the
authority to levy and collect such fees and charges and require such
licenses as may be appropriate to discharge their responsibility,
and such fees, charges, and licenses shall be based on a fee
schedule as set forth in an ordinance. Fees imposed pursuant to
this subsection shall be narrowly tailored, just, reasonable, and
equitable and may be based upon the quantity or character of the
solid waste generated or managed.
C. Incorporated cities or towns may control, through ordinance,
regulation, rule, or by permit, the collection, transportation,
storage, and disposal of solid waste generated or existing within
the jurisdiction or control of such city or town, including
requiring the delivery of all such solid waste to a disposal site.
Provided, that the city or town may not require the delivery of
solid waste to the operator of a solid waste management system other
than in accordance with the procedures of the Oklahoma Solid Waste
Management Act. In addition to any authority otherwise granted by
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law, incorporated cities or towns may adopt an ordinance
establishing a solid waste mitigation fee related to the impacts of
retail delivery, single-use products, auxiliary or plastic
containers, or other activities or items that contribute to the
generation of municipal solid waste. Revenue generated from a fee
authorized pursuant to this subsection shall be used solely for
municipal solid waste management purposes including, but not limited
to:
1. Solid waste collection, processing, and disposal;
2. Recycling, composting, reuse, and waste reduction programs;
3. Litter prevention, abatement, and cleanup;
4. Public education and outreach related to waste reduction,
recycling, and the reduction of contaminants associated with solid
waste that may impact water quality, food safety, or public health;
5. Infrastructure, equipment, planning, and administrative
costs directly related to municipal solid waste management systems;
and
6. Programs, studies, equipment, or infrastructure intended to
reduce the release of persistent, bioaccumulative, or toxic
substances from municipal solid waste into surface water,
groundwater, soil, food systems, and the environment.
D. Incorporated cities and towns may accept and disburse funds
derived from grants from the federal or state governments or from
private sources or from monies that may be appropriated from the
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General Fund, for the installation and operation of a solid waste
management system, or any part thereof. A fee authorized pursuant
to subsection C of this section may be assessed on a per-
transaction, per-delivery, or other reasonable basis as determined
by the incorporated cities or towns and shall be in an amount
reasonably related to the costs incurred by the incorporated city or
town in collecting, managing, reducing, recycling, composting, or
otherwise mitigating municipal solid waste and associated
environmental or public health impacts.
E. Incorporated cities and towns are authorized to contract for
the purchase of land, facilities, vehicles, and machinery necessary
to the installation and operation of a solid waste management
system, either individually or as a party to a regional or county
solid waste authority.
F. The governing body of an incorporated city or town shall
have the right to establish policies for the operation of a solid
waste management system including hours of operation, character and
kinds of waste accepted at the disposal site, and such other rules
as may be necessary for the safety of the operating personnel. A
fee imposed pursuant to this section shall be deemed a regulatory
fee and shall not be considered a sales tax, use tax, excise tax, or
occupation tax. The governing body of an incorporated city or town
may provide by ordinance for exemptions, reductions, or credits from
a fee imposed pursuant to this section, including, but not limited
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to, exemptions for governmental entities, nonprofit organizations,
medical or pharmaceutical deliveries, small businesses with minimum
sales thresholds, businesses in need of waivers to transition their
compliance, or programs serving low-income households.
G. Incorporated cities or towns shall permit landowners of
agricultural land located within the city or town boundaries to burn
debris originating from their property following a flood or other
natural disaster. The city or town may enact procedures to
determine the type of materials and locations appropriate for
burning and affected landowners shall comply with all local, state,
and federal laws regulating such burning.
H. All incorporated cities or towns are delegated the authority
necessary to fulfill the provisions of this section.
SECTION 2. AMENDATORY 27A O.S. 2021, Section 2-11-504,
is amended to read as follows:
Section 2-11-504. A. As used in this section, “auxiliary
container”:
1. “Auxiliary container” means any bag, cup, package,
container, bottle, device or other packaging that is:
1. Made
a. made of cloth, paper, plastic, including foamed or
expanded plastic, cardboard, corrugated material,
aluminum, glass, postconsumer recycled material, or
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similar material including, but not limited to, coated
or laminated materials;, and
2. Designed
b. designed for, but not limited to, consuming,
transporting, or protecting merchandise, food, or
beverages from, or at, a food service facility,
manufacturing, distribution, further processing, or
retail facility; and
2. “Plastic” means any synthetic, malleable polymer primarily
derived from non-renewable petrochemical feedstocks that is durable
and designed for, or frequently used as, single-use, conventionally
non-biodegradable materials.
B. Except for subsection D of this section, no political
subdivision shall restrict, tax, prohibit or regulate the use,
disposition, or sale of auxiliary or plastic containers. Nothing in
this subsection shall be construed to preempt a political
subdivision from enacting and implementing ordinances, resolutions,
rules, fees, or regulations that are narrowly tailored to the
following:
1. Reducing plastic waste in landfills;
2. Promoting waste reduction;
3. Increasing recycling or composting efforts; and
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4. Mitigating harmful impacts to water quality, soil, wildlife,
agriculture, and human health that are associated with auxiliary or
plastic container waste.
C. Nothing in this section shall prohibit or limit any county
or municipal ordinance or agreement regarding a recycling program or
the disposal of solid waste.
D. Subsection B of this section shall not apply to the use of
auxiliary or plastic containers on property owned by a county or
municipality.
SECTION 3. This act shall become effective November 1, 2026.
COMMITTEE REPORT BY: COMMITTEE ON LOCAL AND COUNTY GOVERNMENT
February 24, 2026 - DO PASS AS AMENDED