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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
SENATE BILL 1799 By: Jett
AS INTRODUCED
An Act relating to biosolids; defining terms;
prohibiting land application, spreading, sale, and
distribution of certain materials; providing
exception to prohibition; providing jurisdiction for
enforcement; directing production of report by the
Department of Environmental Quality; specifying
certain date; requiring the Oklahoma Department of
Agriculture, Food, and Forestry to develop removal,
remediation, and recovery plans for certain
agricultural producers; directing production of
report by the Oklahoma Department of Agriculture,
Food, and Forestry; providing for codification; and
declaring an emergency.
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 2-10-411 of Title 27A, unless
there is created a duplication in numbering, reads as follows:
A. As used in this section:
1. “Biosolids” means solids separated from liquids during the
wastewater treatment process which are treated physically and
chemically to produce a semisolid, nutrient-rich product;
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2. “Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS”
means non-polymeric perfluoroalkyl and polyfluoroalkyl substances
that contain at least two sequential, fully fluorinated carbon
atoms, excluding gases and volatile liquids;
3. “Sewage sludge” means the residual, semi-solid material that
is produced as a byproduct of sewage by municipal, commercial, or
industrial wastewater treatment plants; and
4. “Septage” means a fluid mixture of untreated and partially
treated sewage solids, liquids, and sludge of human or domestic
origin, which is removed from a septic tank.
B. Notwithstanding any other provision of law, and except as
provided in subsection C of this section, no person in this state
shall:
1. Apply to or spread on any land of this state:
a. sludge generated from a municipal, commercial, or
industrial wastewater treatment plant,
b. compost material that included in its production
sludge generated from a municipal, commercial, or
industrial wastewater treatment plant or septage, or
c. any other product or material that is intended for use
as a fertilizer, soil amendment, topsoil replacement,
mulch, or other similar agricultural purpose that is
derived from or contains sludge generated from a
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municipal, commercial, or industrial wastewater
treatment plant or septage; or
2. Sell or distribute in this state:
a. compost material that included in its production
sludge generated from a municipal, commercial, or
industrial wastewater treatment plant or septage, or
b. any other product or material that is intended for use
as a fertilizer, soil amendment, topsoil replacement,
mulch, or other similar agricultural purpose that is
derived from or contains sludge generated from a
municipal, commercial, or industrial wastewater
treatment plant or septage.
C. The prohibitions in subsection B of this section shall not
apply to:
1. The disposal or placement of materials described in
subsection B of this section at a lined and monitored solid waste
landfill;
2. The land application of or the sale or distribution of
compost material or other agricultural product derived from or
containing residuals generated as a result of the processing or
cultivation of food, food waste, crops, or vegetative material; the
brewing of malt liquor; the fermenting of wine or hard cider; or the
distilling of spirits, including, but not limited to, blueberries,
apples, grapes, potatoes, seaweed, fish and seafood, and spent grain
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or malt. Provided, the exemption under this subsection shall only
apply if the agricultural product is not cultivated in soil
previously treated with biosolids and that such product is not mixed
with sludge from a municipal, commercial, or industrial wastewater
treatment plant, septage, sewage, or sanitary wastewater prior to or
during land application or during the production of the agricultural
product;
3. The land application, sale, or distribution of compost
material or agricultural product or material derived from or
containing sludge resulting from the production of precipitated
calcium carbonate; and
4. The land application, sale, or distribution of compost
material or other agricultural product or material derived from or
containing manure from animals, zoos, or other agricultural sources.
D. The Department of Environmental Quality shall have
jurisdiction to enforce the provisions of this section as they
pertain to land application or spreading of materials described
under this section. The Oklahoma Department of Agriculture, Food,
and Forestry shall have jurisdiction to enforce the provisions of
this section regarding agricultural materials. The Departments
shall enter into a memorandum of understanding to effectively
enforce the provisions of this section.
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SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2-10-412 of Title 27A, unless
there is created a duplication in numbering, reads as follows:
A. The Department of Environmental Quality shall assess, study,
and develop a long-term plan for the purposes of prohibiting the
land application of septage in this state. The plan shall include,
but not be limited to:
1. Identification of the available capacity at wastewater
treatment plants or other treatment or disposal facilities in this
state to manage septage that is land-applied prior to the effective
date of this act;
2. Determination of the capacity anticipated to be necessary to
manage septage following the prohibition of land application in this
state;
3. Development of recommendations to support and fund
additional management capacity, if necessary; and
4. Development of recommendations concerning a framework for
the long-term prohibition of land application in this state.
B. The Department shall submit an electronic report to the
President Pro Tempore of the Senate, the Speaker of the House of
Representatives, the Governor, and the relevant legislative
committee chairs overseeing environment and natural resources no
later than February 1, 2027. The report shall include any suggested
legislative implementations resulting from the study.
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SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2-10-413 of Title 27A, unless
there is created a duplication in numbering, reads as follows:
A. The Oklahoma Department of Agriculture, Food, and Forestry
shall develop a plan to protect agricultural producers who are
impacted by perfluoroalkyl and polyfluoroalkyl substances (PFAS)
contamination from the land application or spreading of:
1. Sludge generated from a municipal, commercial, or industrial
wastewater treatment plant;
2. Compost material that included in its production sludge
generated from a municipal, commercial, or industrial wastewater
treatment plant; or
3. Any other product or material that is intended for use as a
fertilizer, soil amendment, topsoil replacement, mulch, or other
similar agricultural purpose that is derived from or contains sludge
generated from a municipal, commercial, or industrial wastewater
treatment plant or septage.
B. The Department shall work directly with impacted
agricultural producers to identify sources of contamination and
institute best practices for immediate and successful PFAS removal,
remediation, and recovery, including any necessary surveys and
testing.
C. The Department shall submit an electronic report to the
Legislature on the total cost of PFAS removal, remediation, and
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recovery under this section. Upon the convening of the next
legislative session, the reported amount shall be included in the
general appropriations bill for the upcoming fiscal year.
SECTION 4. 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.
60-2-3524 BRC 1/14/2026 8:49:27 PM