Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1 STATE OF OKLAHOMA
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2 2nd Session of the 60th Legislature (2026)
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3 SENATE BILL 1471 By: Boren
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6 AS INTRODUCED
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7 An Act relating to municipal powers; amending 27A
7 O.S. 2021, Section 2-10-901, which relates to
8 municipal solid waste management systems; authorizing
8 certain fee; stating permissible uses of fee; stating
9 criteria for fee assessment; authorizing certain
9 ordinance; amending 27A O.S. 2021, Section 2-11-504,
10 which relates to the Plastic Container Labeling Act;
10 adding definition; modifying applicability of act;
11 construing provision; and providing an effective
11 date.
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14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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15 SECTION 1. AMENDATORY 27A O.S. 2021, Section 2-10-901,
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16 is amended to read as follows:
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17 Section 2-10-901. A. All incorporated cities and towns may
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18 directly or through a public trust of which it is a beneficiary
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19 develop a plan, subject to the approval of the Department of
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20 Environmental Quality, to provide a solid waste management system
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21 and shall adequately provide for the collection and disposal of
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22 solid waste generated or existing within the incorporated limits of
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23 such city or town or in the area to be served thereby at one or more
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24 disposal sites. The governing body of the city or town may enter
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Req. No. 2549 Page 1
1 into agreements with a county or counties, with one or more other
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2 incorporated towns or cities, with persons or trusts, or with any
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3 combination thereof, to provide a disposal site or implement a solid
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4 waste management system for the incorporated city or town. The
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5 governing body of the city or town authorized to establish, operate,
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6 and maintain municipal solid waste management systems may levy and
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7 collect narrowly tailored fees to offset the costs of such solid
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8 waste management systems.
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9 B. The governing body of such town or city shall have the
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10 authority to levy and collect such fees and charges and require such
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11 licenses as may be appropriate to discharge their responsibility,
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12 and such fees, charges, and licenses shall be based on a fee
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13 schedule as set forth in an ordinance. Fees imposed pursuant to
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14 this subsection shall be narrowly tailored, just, reasonable, and
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15 equitable and may be based upon the quantity or character of the
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16 solid waste generated or managed.
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17 C. Incorporated cities or towns may control, through ordinance,
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18 regulation, rule, or by permit, the collection, transportation,
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19 storage, and disposal of solid waste generated or existing within
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20 the jurisdiction or control of such city or town, including
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21 requiring the delivery of all such solid waste to a disposal site.
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22 Provided, that the city or town may not require the delivery of
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23 solid waste to the operator of a solid waste management system other
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24 than in accordance with the procedures of the Oklahoma Solid Waste
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1 Management Act. In addition to any authority otherwise granted by
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2 law, incorporated cities or towns may adopt an ordinance
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3 establishing a solid waste mitigation fee related to the impacts of
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4 retail delivery, single-use products, auxiliary or plastic
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5 containers, or other activities or items that contribute to the
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6 generation of municipal solid waste. Revenue generated from a fee
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7 authorized pursuant to this subsection shall be used solely for
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8 municipal solid waste management purposes including, but not limited
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9 to:
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10 1. Solid waste collection, processing, and disposal;
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11 2. Recycling, composting, reuse, and waste reduction programs;
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12 3. Litter prevention, abatement, and cleanup;
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13 4. Public education and outreach related to waste reduction,
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14 recycling, and the reduction of contaminants associated with solid
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15 waste that may impact water quality, food safety, or public health;
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16 5. Infrastructure, equipment, planning, and administrative
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17 costs directly related to municipal solid waste management systems;
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18 and
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19 6. Programs, studies, equipment, or infrastructure intended to
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20 reduce the release of persistent, bioaccumulative, or toxic
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21 substances from municipal solid waste into surface water,
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22 groundwater, soil, food systems, and the environment.
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23 D. Incorporated cities and towns may accept and disburse funds
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24 derived from grants from the federal or state governments or from
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1 private sources or from monies that may be appropriated from the
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2 General Fund, for the installation and operation of a solid waste
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3 management system, or any part thereof. A fee authorized pursuant
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4 to subsection C of this section may be assessed on a per-
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5 transaction, per-delivery, or other reasonable basis as determined
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6 by the incorporated cities or towns and shall be in an amount
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7 reasonably related to the costs incurred by the incorporated city or
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8 town in collecting, managing, reducing, recycling, composting, or
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9 otherwise mitigating municipal solid waste and associated
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10 environmental or public health impacts.
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11 E. Incorporated cities and towns are authorized to contract for
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12 the purchase of land, facilities, vehicles, and machinery necessary
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13 to the installation and operation of a solid waste management
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14 system, either individually or as a party to a regional or county
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15 solid waste authority.
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16 F. The governing body of an incorporated city or town shall
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17 have the right to establish policies for the operation of a solid
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18 waste management system including hours of operation, character and
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19 kinds of waste accepted at the disposal site, and such other rules
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20 as may be necessary for the safety of the operating personnel. A
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21 fee imposed pursuant to this section shall be deemed a regulatory
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22 fee and shall not be considered a sales tax, use tax, excise tax, or
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23 occupation tax. The governing body of an incorporated city or town
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24 may provide by ordinance for exemptions, reductions, or credits from
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1 a fee imposed pursuant to this section, including, but not limited
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2 to, exemptions for governmental entities, nonprofit organizations,
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3 medical or pharmaceutical deliveries, small businesses with minimum
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4 sales thresholds, businesses in need of waivers to transition their
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5 compliance, or programs serving low-income households.
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6 G. Incorporated cities or towns shall permit landowners of
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7 agricultural land located within the city or town boundaries to burn
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8 debris originating from their property following a flood or other
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9 natural disaster. The city or town may enact procedures to
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10 determine the type of materials and locations appropriate for
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11 burning and affected landowners shall comply with all local, state,
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12 and federal laws regulating such burning.
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13 H. All incorporated cities or towns are delegated the authority
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14 necessary to fulfill the provisions of this section.
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15 SECTION 2. AMENDATORY 27A O.S. 2021, Section 2-11-504,
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16 is amended to read as follows:
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17 Section 2-11-504. A. As used in this section, "auxiliary
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18 container":
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19 1. "Auxiliary container" means any bag, cup, package,
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20 container, bottle, device or other packaging that is:
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21 1. Made
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22 a. made of cloth, paper, plastic, including foamed or
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23 expanded plastic, cardboard, corrugated material,
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24 aluminum, glass, postconsumer recycled material, or
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1 similar material including, but not limited to, coated
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2 or laminated materials;, and
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3 2. Designed
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4 b. designed for, but not limited to, consuming,
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5 transporting, or protecting merchandise, food, or
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6 beverages from, or at, a food service facility,
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7 manufacturing, distribution, further processing, or
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8 retail facility; and
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9 2. "Plastic" means any material made of polymeric organic
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10 compounds and additives that can be shaped by flow.
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11 B. Except for subsection D of this section, no political
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12 subdivision shall restrict, tax, prohibit or regulate the use,
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13 disposition, or sale of auxiliary or plastic containers. Nothing in
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14 this subsection shall be construed to preempt a political
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15 subdivision from enacting and implementing ordinances, resolutions,
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16 rules, fees, or regulations that are narrowly tailored to the
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17 following:
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18 1. Reducing plastic waste in landfills;
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19 2. Promoting waste reduction;
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20 3. Increasing recycling or composting efforts; and
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21 4. Mitigating harmful impacts to water quality, soil, wildlife,
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22 agriculture, and human health that are associated with auxiliary or
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23 plastic container waste.
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1 C. Nothing in this section shall prohibit or limit any county
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2 or municipal ordinance or agreement regarding a recycling program or
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3 the disposal of solid waste.
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4 D. Subsection B of this section shall not apply to the use of
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5 auxiliary or plastic containers on property owned by a county or
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6 municipality.
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7 SECTION 3. This act shall become effective November 1, 2026.
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9 60-2-2549 CN 1/8/2026 2:05:40 PM
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Req. No. 2549 Page 7Every fact on this page links to its source, starting with the official bill record.