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Oklahoma Legislature· HB 1815Second Reading referred to Energy

An act relating to the Conservation Commission, the official text

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1                   STATE OF OKLAHOMA

2          1st Session of the 60th Legislature (2025)

3 HOUSE BILL 1815                        By: Newton

4

5

6                               AS INTRODUCED

7          An Act relating to the Conservation Commission;

           amending 27A O.S. 2021, Section 3-1-103, which

8          relates to definitions; alphabetizing statutory

           definitions; amending 27A O.S. 2021, Section 3-2-106,

9          which relates to powers and duties of the Oklahoma

           Conservation Commission; modifying powers and duties

10         of the Oklahoma Conservation Commission; and

           providing an effective date.

11

12

13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

14  SECTION 1.      AMENDATORY  27A O.S. 2021, Section 3-1-103, is

15 amended to read as follows:

16  Section 3-1-103. As used in the Conservation District Act:

17  1. "District" or "conservation district" means a governmental

18 subdivision of this state, and a public body corporate and politic,

19 organized in accordance with the provisions of the Conservation

20 District Act, for the purposes, with the powers, and subject to the

21 restrictions hereinafter set forth "Agency of this state" includes

22 the government of this state and any subdivision, agency or

23 instrumentality, corporate or otherwise, of the government of this

24 state;

    Req. No. 10620                                                  Page 1
1   2. "Director" means a member of the governing body of a

2 conservation district, elected or appointed in accordance with the

3 provisions of the Conservation District Act "Best management

4 practices" means a control method or combination of control methods

5 that is determined to be the most effective and practicable means of

6 preventing soil loss from erosion or reducing the amount of nonpoint

7 source pollution from a given land use;

8   3. "Commission" means the Oklahoma Conservation Commission

9 "Blue Thumb Program" means a nonpoint source educational program

10 emphasizing water quality education, including volunteer monitoring;

11  4. "State" means the State of Oklahoma "Commission" means the

12 Oklahoma Conservation Commission;

13  5. "Agency of this state" includes the government of this state

14 and any subdivision, agency or instrumentality, corporate or

15 otherwise, of the government of this state "Conservation" includes

16 conservation, development, improvement, maintenance, preservation,

17 protection and wise use of land, water and related natural

18 resources; the control and prevention of floodwater and sediment

19 damages; and the disposal of excess surface waters;

20  6. "United States" or "agencies of the United States" includes

21 the United States of America, and any department, agency or

22 instrumentality of the federal government "Cost-share program" means

23 the assumption by the state of a proportional share of the cost of

24

    Req. No. 10620                                               Page 2
1 installing conservation structures, conservation practices or best

2 management practices on lands for public and environmental benefits;

3   7. "Government" or "governmental" includes the government of

4 this state, the government of the United States, and any

5 subdivision, agency or instrumentality, corporate or otherwise, of

6 either of them "Director" means a member of the governing body of a

7 conservation district, elected or appointed in accordance with the

8 provisions of the Conservation District Act;

9   8. "Due notice" which shall be in conformance with the

10 Administrative Procedures Act means notice published at least twice,

11 with an interval of at least seven (7) days between the two

12 publication dates, in a newspaper or other publication of general

13 circulation within the district, or, if no such publication of

14 general circulation is available, by posting at five conspicuous

15 places within the district, such posting to include, where possible,

16 posting at public places where it may be customary to post notices

17 concerning county or municipal affairs generally. At any hearing

18 held pursuant to such notice, at the time and place designated in

19 such notice, adjournment may be made from time to time without the

20 necessity of renewing such notice for such adjourned dates

21 "District" or "conservation district" means a governmental

22 subdivision of this state, and a public body corporate and politic,

23 organized in accordance with the provisions of the Conservation

24

    Req. No. 10620                                                  Page 3
1 District Act, for the purposes, with the powers, and subject to the

2 restrictions hereinafter set forth;

3   9. "District cooperator" means any person that has entered into

4 a cooperative agreement with a conservation district for the purpose

5 of protecting, conserving and practicing wise use of the renewable

6 natural resources under his or her control;

7   10. "Renewable natural resources", "natural resources" or

8 "resources" include land, soil, water, vegetation, trees, natural

9 beauty, scenery and open space "Due notice" which shall be in

10 conformance with the Administrative Procedures Act means notice

11 published at least twice, with an interval of at least seven (7)

12 days between the two publication dates, in a newspaper or other

13 publication of general circulation within the district, or, if no

14 such publication of general circulation is available, by posting at

15 five conspicuous places within the district, such posting to

16 include, where possible, posting at public places where it may be

17 customary to post notices concerning county or municipal affairs

18 generally. At any hearing held pursuant to such notice, at the time

19 and place designated in such notice, adjournment may be made from

20 time to time without the necessity of renewing such notice for such

21 adjourned dates;

22  11. "Conservation" includes conservation, development,

23 improvement, maintenance, preservation, protection and wise use of

24 land, water and related natural resources; the control and

    Req. No. 10620                                                  Page 4
1 prevention of floodwater and sediment damages; and the disposal of

2 excess surface waters "Government" or "governmental" includes the

3 government of this state, the government of the United States, and

4 any subdivision, agency or instrumentality, corporate or otherwise,

5 of either of them;

6   12. "Cost-Share program" means the assumption by the state of a

7 proportional share of the cost of installing conservation

8 structures, conservation practices or best management practices on

9 lands for public and environmental benefits "Nonpoint source" shall

10 have the same meaning as such word is defined by the Oklahoma

11 Environmental Quality Act;

12  13. "Best management practices" means a control method or

13 combination of control methods that is determined to be the most

14 effective and practicable means of preventing soil loss from erosion

15 or reducing the amount of nonpoint source pollution from a given

16 land use "Nonpoint source working group" means an advisory group

17 established by the Conservation Commission to provide input into the

18 state's nonpoint source management and assessment program and is

19 open to federal, state and local environmental agencies and natural

20 resource agencies and other interested groups;

21  14. "Nonpoint source" shall have the same meaning as such word

22 is defined by the Oklahoma Environmental Quality Act "Pollution"

23 shall have the same meaning as such word is defined by the Oklahoma

24 Environmental Quality Act;

    Req. No. 10620                                                Page 5
1   15. "Pollution" shall have the same meaning as such word is

2 defined by the Oklahoma Environmental Quality Act "Renewable natural

3 resources", "natural resources" or "resources" include land, soil,

4 water, vegetation, trees, natural beauty, scenery and open space;

5   16. "Nonpoint source working group" means an advisory group

6 established by the Conservation Commission to provide input into the

7 state's nonpoint source management and assessment program and is

8 open to federal, state and local environmental agencies and natural

9 resource agencies and other interested groups "Soil science" means

10 the science which:

11  a. is the study of physical, chemical, and biological

12  processes taking place in both naturally occurring and

13  reconstructed unconsolidated material formed by the

14  alteration of parent rock due to exposure at the

15  earth's surface, and

16  b. includes sampling, measuring, identification,

17  characterization, classification, and mapping of soil

18  materials and migration of water solute, air and other

19  gaseous components in the unsaturated portion of the

20  earth;

21  17. "Watershed" means an area of land that drains to a given

22 point "Soil scientist" means a person who:

23  a. has earned a baccalaureate or higher degree in a field

24  of soil science from an institution of higher

    Req. No. 10620                                    Page 6
1   education which is accredited by a regional or

2   national accrediting agency, with a minimum of thirty

3   (30) semester hours or forty-five (45) quarter hours

4   of undergraduate work in a field of biological,

5   physical, or earth science with a minimum of fifteen

6   (15) semester hours of core soil science courses, and

7   b. has a specific and continuous record of related and

8   verifiable soil science work experience for two (2)

9   years. Publications in a soil science publication or

10  prior qualifications as an expert witness in

11  administrative or judicial proceeding, hearing or

12  trial shall be prima facie verification of experience

13  related to soil science;

14  18. "Blue Thumb Program" means a nonpoint source educational

15 program emphasizing water quality education, including volunteer

16 monitoring "State" means the State of Oklahoma;

17  19. "Soil science" means the science which:

18  a. is the study of physical, chemical, and biological

19  processes taking place in both naturally occurring and

20  reconstructed unconsolidated material formed by the

21  alteration of parent rock due to exposure at the

22  earth's surface, and

23  b. includes sampling, measuring, identification,

24  characterization, classification, and mapping of soil

    Req. No. 10620                                     Page 7
1   materials and migration of water solute, air and other

2   gaseous components in the unsaturated portion of the

3   earth "Watershed" means an area of land that drains to

4   a given point; and

5   20. "Soil scientist" means a person who:

6   a. has earned a baccalaureate or higher degree in a field

7   of soil science from an institution of higher

8   education which is accredited by a regional or

9   national accrediting agency, with a minimum of thirty

10  (30) semester hours or forty-five (45) quarter hours

11  of undergraduate work in a field of biological,

12  physical, or earth science with a minimum of fifteen

13  (15) semester hours of core soil science courses, and

14  b. has a specific and continuous record of related and

15  verifiable soil science work experience for two (2)

16  years. Publications in a soil science publication or

17  prior qualifications as an expert witness in

18  administrative or judicial proceeding, hearing or

19  trial shall be prima facie verification of experience

20  related to soil science "United States" or "agencies

21  of the United States" includes the United States of

22  America, and any department, agency or instrumentality

23  of the federal government.

24

    Req. No. 10620                                   Page 8
1   SECTION 2.      AMENDATORY  27A O.S. 2021, Section 3-2-106, is

2 amended to read as follows:

3   Section 3-2-106. A. In addition to other powers and duties

4 specified by law and except as otherwise provided by law, the

5 Oklahoma Conservation Commission shall have the power and duty to:

6   1. Offer the assistance as may be appropriate to the directors

7 of conservation districts in the carrying out of any of their powers

8 and programs and to:

9   a. assist and guide districts in the preparation and

10              carrying out of programs for resource conservation

11              authorized under the Conservation District Act,

12  b. review district programs,

13  c. coordinate the programs of the several districts and

14              resolve any conflicts in such programs, and

15  d. facilitate, promote, assist, harmonize, coordinate and

16              guide the resource conservation programs and

17              activities of districts as they relate to other

18              special purpose districts, counties and other public

19              agencies;

20  2. Keep the directors of each of the several districts informed

21 of the activities and experience of all other districts, and to

22 facilitate an interchange of advice and experience between the

23 districts and cooperation between them;

24

    Req. No. 10620                                                  Page 9
1   3. Enter into contracts and agreements and execute instruments

2 deemed necessary, beneficial, or convenient by the Commission for

3 the exercise of its legally conferred powers. This includes, but is

4 not limited to, creating shared positions, administering statewide

5 and locally emphasized programs, and exploring funding sources for

6 conservation programs, practices, and pilot projects;

7   4. Review agreements, or forms of agreements, proposed to be

8 entered into by districts with other districts or with any state,

9 federal, or interstate, or other public or private agency,

10 organization or individual, and advise the districts concerning the

11 agreements or forms of agreements;

12  4. 5. Secure the cooperation and assistance of the United

13 States and any of its agencies, and of agencies of this state, other

14 entities, or individuals in the work of the Commission or districts

15 and to accept donations, grants, gifts and contributions in money,

16 services or otherwise from the United States or any of its agencies

17 or from the state or any of its agencies in order , other entities,

18 or individuals to carry out the purposes of the Conservation

19 District Act;

20  5. 6. Disseminate information throughout the state concerning

21 the activities and programs of the conservation districts and to

22 make available information concerning the needs and the work of the

23 conservation districts and Commission to the Governor, the

24 Legislature, executive agencies of the government of this state,

    Req. No. 10620                                               Page 10
1 political subdivisions of this state, cooperating federal agencies

2 and the general public;

3   6. 7. Serve along with conservation districts as the official

4 state agencies for cooperating with the Natural Resources

5 Conservation Service of the United States Department of Agriculture

6 and carrying on conservation operations within the boundaries of

7 conservation districts;

8   7. 8. Cooperate with and give such assistance as it deems

9 necessary and proper to conservancy districts, watershed

10 associations and other special purpose districts in the State of

11 Oklahoma for the purpose of cooperating with the United States

12 through the Secretary of Agriculture in the furtherance of

13 conservation pursuant to the provisions of the Federal Watershed

14 Protection and Flood Prevention Act, as amended;

15  8. 9. Recommend the inclusion in annual and longer term budgets

16 and appropriation legislation of the State of Oklahoma of funds

17 necessary for appropriation by the Legislature to finance the

18 activities of the Commission and the conservation districts and to:

19  a. administer the provisions of the Conservation District

20  Act hereafter enacted by the Legislature appropriating

21  funds for expenditure in connection with the

22  activities of conservation districts,

23  b. distribute to conservation districts funds, equipment,

24  supplies and services received by the Commission for

    Req. No. 10620                                                Page 11
1   that purpose from any source, subject to such

2   conditions as shall be made applicable thereto in any

3   state or federal statute or local ordinance making

4   available such funds, property or services,

5   c. issue rules establishing guidelines and suitable

6   controls to govern the use by conservation districts

7   of funds, property and services, and

8   d. review all budgets, administrative procedures and

9   operations of such districts and advise the districts

10  concerning their conformance with applicable laws and

11  regulations;

12  9. 10. Enlist the cooperation and collaboration of state,

13 federal, regional, interstate, local, public and private agencies

14 with the conservation districts and to facilitate arrangements under

15 which the conservation districts may serve county governing bodies

16 and other agencies as their local operating agencies in the

17 administration of any activity concerned with the conservation of

18 renewable natural resources;

19  10. 11. Pursuant to procedures developed mutually by the

20 Commission and federal, state and local agencies that are authorized

21 to plan or administer activities significantly affecting the

22 conservation of renewable natural resources, receive from these

23 agencies for review and comment suitable descriptions of their

24 plans, programs and activities for purposes of coordination with

    Req. No. 10620                                                 Page 12
1 district conservation programs and to arrange for and participate in

2 conferences necessary to avoid conflict among plans and programs, to

3 call attention to omissions and to avoid duplication of effort;

4   11. 12. Compile information and make studies, summaries, and

5 analyses of district programs in relation to each other and to other

6 resource conservation programs on a statewide basis;

7   12. 13. Except as otherwise assigned by law, carry out the

8 policies of this state in programs at the state level for the

9 conservation of the renewable natural resources of this state and

10 represent the state in matters affecting such resources;

11  13. 14. Assist conservation districts in obtaining legal

12 services from state and local legal officers;

13  14. 15. Require annual reports from conservation districts, the

14 form and content of which shall be developed by the Commission in

15 consultation with the district directors;

16  15. 16. Establish by rules, with the assistance and advice of

17 the State Auditor and Inspector, adequate and reasonably uniform

18 accounting and auditing procedures which shall be used by

19 conservation districts;

20  16. 17. Conduct workshops for district directors to instruct

21 them on the subjects of district finances, the Conservation District

22 Law and related laws, and their duties and responsibilities as

23 directors;

24

    Req. No. 10620                                                 Page 13
1   17. 18. Assist and supervise districts in carrying out their

2 responsibilities in accordance with the Oklahoma laws;

3   18. 19. Have power, by administrative order, upon the written

4 request of the board of directors of the conservation district or

5 districts involved, with a showing that such request has been

6 approved by a majority vote of the members of each of the boards

7 involved, to:

8   a. transfer lands from one district established under the

9                provisions of the Conservation District Act to

10               another,

11  b. divide a single district into two or more districts,

12               each of which shall thereafter operate as a separate

13               district under the provisions of the Conservation

14               District Act, and

15  c. consolidate two or more districts established under

16               the provisions of the Conservation District Act, which

17               consolidated area shall operate thereafter as a single

18               district under the provisions of the Conservation

19               District Act;

20  19. 20. Except as otherwise provided by law, act as the

21 management agency having jurisdiction over and responsibility for

22 directing nonpoint source pollution prevention programs outside the

23 jurisdiction or control of cities or towns in Oklahoma. The

24 Commission, otherwise, shall be responsible for all identified

    Req. No. 10620                                                 Page 14
1 nonpoint source categories except silviculture, urban storm water

2 runoff and industrial runoff;

3   20. 21. Establish and maintain an Equipment Revolving Fund for

4 the purpose of loaning conservation districts funds to purchase

5 equipment to be used for the installation of conservation practices.

6 The fund shall consist of all monies appropriated to, deposited in

7 or credited to the fund;

8   21. 22. Establish and maintain a Conservation District

9 Consolidation Fund for the purpose of providing financial assistance

10 to conservation districts who choose to consolidate as outlined in

11 subparagraph c of paragraph 18 of this subsection. The fund shall

12 consist of all monies appropriated to, deposited in or credited to

13 the fund;

14  22. 23. Administer cost-share programs for the purpose of

15 carrying out conservation or best management practices on the land

16 to benefit the public through the prevention or reduction of soil

17 erosion and nonpoint source pollution and through general resource

18 management. The Commission is not authorized to implement mandatory

19 compliance with management practices, except as otherwise provided

20 by law, to abate agricultural nonpoint source pollution;

21  23. 24. Plan watershed-based nonpoint source pollution control

22 activities, including the development and implementation of

23 conservation plans for the improvement and protection of the

24 resources of the state;

    Req. No. 10620                                               Page 15
1   24. 25. Provide assistance to the Oklahoma Water Resources

2 Board on lake projects through stream and river monitoring,

3 assessing watershed activities impacting lake water quality, and

4 assisting in the development of a watershed management plan;

5   25. 26. Maintain the activities of the state's nonpoint source

6 working group;

7   26. 27. Prepare, revise, and review Oklahoma's nonpoint source

8 management program and nonpoint source assessment report in

9 coordination with other state environmental agencies and compile a

10 comprehensive assessment for the state every five (5) years. The

11 management program and assessment report shall be distributed to the

12 Governor, Secretary of Energy and Environment, the President Pro

13 Tempore of the Senate, and the Speaker of the House of

14 Representatives;

15  27. 28. Under the direction of the Office of the Secretary of

16 the Energy and Environment, develop and implement the state's

17 nonpoint source water quality monitoring strategy in coordination

18 with other environmental agencies;

19  28. 29. Monitor, evaluate, and assess the waters of the state

20 to determine the condition of streams and rivers impacted by

21 nonpoint source pollution. In carrying out this area of

22 responsibility, the Conservation Commission shall serve as the

23 technical lead agency for nonpoint source pollution categories as

24

    Req. No. 10620                                                 Page 16
1 defined in Section 319 of the Federal Clean Water Act or other

2 subsequent federal or state nonpoint source programs;

3   29. 30. Administer the Blue Thumb Program;

4   30. 31. Enter into agreements or contracts for services with

5 any of the substate sub-state planning districts recognized by the

6 Oklahoma Department of Commerce;

7   31. 32. Cooperate with the federal government, or any agency

8 thereof, to participate in and coordinate with federal programs that

9 will yield additional federal funds to the state for programs within

10 the jurisdiction of the Conservation Commission. This participation

11 shall be subject to the availability of state funds;

12  32. 33. Implement pilot projects and programs, subject to the

13 availability of funds, that will demonstrate the latest technologies

14 and applications in conservation programs that may provide direct or

15 residual benefits to conservation practices in the state; and

16  33. 34. Promulgate rules necessary, expedient, or appropriate

17 to carry out the purposes, objectives, or provisions or appropriate

18 to the performance of the Conservation District Act and the Oklahoma

19 Carbon Sequestration Enhancement Act and:

20  a. may establish and collect fees for services provided

21  pursuant to the Conservation District Act and the

22  Oklahoma Carbon Sequestration Enhancement Act,

23  including any services for the certification or

24  verification of sustainable agricultural production

    Req. No. 10620                                                Page 17
1   practices including but not limited to the Natural

2   Resources Conservation Service Soil Condition Index,

3   and

4   b. shall promulgate all rules establishing fees in

5   accordance with the Administrative Procedures Act,

6   which fees shall be fair and equitable to all parties

7   concerned.

8   B. Nothing in this act shall take away any of the present

9 duties or responsibilities delegated by law or constitution to other

10 environmental agencies.

11  SECTION 3. This act shall become effective November 1, 2025.

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13  60-1-10620      JBH     01/08/25

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    Req. No. 10620                                             Page 18
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