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 1799 By: Jett
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6 AS INTRODUCED
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7 An Act relating to biosolids; defining terms;
7 prohibiting land application, spreading, sale, and
8 distribution of certain materials; providing
8 exception to prohibition; providing jurisdiction for
9 enforcement; directing production of report by the
9 Department of Environmental Quality; specifying
10 certain date; requiring the Oklahoma Department of
10 Agriculture, Food, and Forestry to develop removal,
11 remediation, and recovery plans for certain
11 agricultural producers; directing production of
12 report by the Oklahoma Department of Agriculture,
12 Food, and Forestry; providing for codification; and
13 declaring an emergency.
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16 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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17 SECTION 1. NEW LAW A new section of law to be codified
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18 in the Oklahoma Statutes as Section 2-10-411 of Title 27A, unless
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19 there is created a duplication in numbering, reads as follows:
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20 A. As used in this section:
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21 1. "Biosolids" means solids separated from liquids during the
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22 wastewater treatment process which are treated physically and
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23 chemically to produce a semisolid, nutrient-rich product;
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1 2. "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS"
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2 means non-polymeric perfluoroalkyl and polyfluoroalkyl substances
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3 that contain at least two sequential, fully fluorinated carbon
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4 atoms, excluding gases and volatile liquids;
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5 3. "Sewage sludge" means the residual, semi-solid material that
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6 is produced as a byproduct of sewage by municipal, commercial, or
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7 industrial wastewater treatment plants; and
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8 4. "Septage" means a fluid mixture of untreated and partially
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9 treated sewage solids, liquids, and sludge of human or domestic
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10 origin, which is removed from a septic tank.
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11 B. Notwithstanding any other provision of law, and except as
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12 provided in subsection C of this section, no person in this state
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13 shall:
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14 1. Apply to or spread on any land of this state:
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15 a. sludge generated from a municipal, commercial, or
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16 industrial wastewater treatment plant,
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17 b. compost material that included in its production
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18 sludge generated from a municipal, commercial, or
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19 industrial wastewater treatment plant or septage, or
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20 c. any other product or material that is intended for use
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21 as a fertilizer, soil amendment, topsoil replacement,
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22 mulch, or other similar agricultural purpose that is
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23 derived from or contains sludge generated from a
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1 municipal, commercial, or industrial wastewater
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2 treatment plant or septage; or
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3 2. Sell or distribute in this state:
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4 a. compost material that included in its production
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5 sludge generated from a municipal, commercial, or
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6 industrial wastewater treatment plant or septage, or
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7 b. any other product or material that is intended for use
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8 as a fertilizer, soil amendment, topsoil replacement,
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9 mulch, or other similar agricultural purpose that is
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10 derived from or contains sludge generated from a
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11 municipal, commercial, or industrial wastewater
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12 treatment plant or septage.
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13 C. The prohibitions in subsection B of this section shall not
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14 apply to:
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15 1. The disposal or placement of materials described in
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16 subsection B of this section at a lined and monitored solid waste
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17 landfill;
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18 2. The land application of or the sale or distribution of
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19 compost material or other agricultural product derived from or
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20 containing residuals generated as a result of the processing or
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21 cultivation of food, food waste, crops, or vegetative material; the
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22 brewing of malt liquor; the fermenting of wine or hard cider; or the
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23 distilling of spirits, including, but not limited to, blueberries,
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24 apples, grapes, potatoes, seaweed, fish and seafood, and spent grain
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1 or malt. Provided, the exemption under this subsection shall only
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2 apply if the agricultural product is not cultivated in soil
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3 previously treated with biosolids and that such product is not mixed
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4 with sludge from a municipal, commercial, or industrial wastewater
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5 treatment plant, septage, sewage, or sanitary wastewater prior to or
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6 during land application or during the production of the agricultural
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7 product;
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8 3. The land application, sale, or distribution of compost
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9 material or agricultural product or material derived from or
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10 containing sludge resulting from the production of precipitated
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11 calcium carbonate; and
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12 4. The land application, sale, or distribution of compost
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13 material or other agricultural product or material derived from or
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14 containing manure from animals, zoos, or other agricultural sources.
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15 D. The Department of Environmental Quality shall have
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16 jurisdiction to enforce the provisions of this section as they
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17 pertain to land application or spreading of materials described
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18 under this section. The Oklahoma Department of Agriculture, Food,
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19 and Forestry shall have jurisdiction to enforce the provisions of
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20 this section regarding agricultural materials. The Departments
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21 shall enter into a memorandum of understanding to effectively
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22 enforce the provisions of this section.
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1 SECTION 2. NEW LAW A new section of law to be codified
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2 in the Oklahoma Statutes as Section 2-10-412 of Title 27A, unless
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3 there is created a duplication in numbering, reads as follows:
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4 A. The Department of Environmental Quality shall assess, study,
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5 and develop a long-term plan for the purposes of prohibiting the
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6 land application of septage in this state. The plan shall include,
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7 but not be limited to:
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8 1. Identification of the available capacity at wastewater
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9 treatment plants or other treatment or disposal facilities in this
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10 state to manage septage that is land-applied prior to the effective
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11 date of this act;
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12 2. Determination of the capacity anticipated to be necessary to
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13 manage septage following the prohibition of land application in this
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14 state;
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15 3. Development of recommendations to support and fund
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16 additional management capacity, if necessary; and
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17 4. Development of recommendations concerning a framework for
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18 the long-term prohibition of land application in this state.
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19 B. The Department shall submit an electronic report to the
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20 President Pro Tempore of the Senate, the Speaker of the House of
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21 Representatives, the Governor, and the relevant legislative
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22 committee chairs overseeing environment and natural resources no
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23 later than February 1, 2027. The report shall include any suggested
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24 legislative implementations resulting from the study.
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1 SECTION 3. NEW LAW A new section of law to be codified
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2 in the Oklahoma Statutes as Section 2-10-413 of Title 27A, unless
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3 there is created a duplication in numbering, reads as follows:
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4 A. The Oklahoma Department of Agriculture, Food, and Forestry
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5 shall develop a plan to protect agricultural producers who are
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6 impacted by perfluoroalkyl and polyfluoroalkyl substances (PFAS)
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7 contamination from the land application or spreading of:
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8 1. Sludge generated from a municipal, commercial, or industrial
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9 wastewater treatment plant;
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10 2. Compost material that included in its production sludge
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11 generated from a municipal, commercial, or industrial wastewater
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12 treatment plant; or
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13 3. Any other product or material that is intended for use as a
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14 fertilizer, soil amendment, topsoil replacement, mulch, or other
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15 similar agricultural purpose that is derived from or contains sludge
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16 generated from a municipal, commercial, or industrial wastewater
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17 treatment plant or septage.
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18 B. The Department shall work directly with impacted
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19 agricultural producers to identify sources of contamination and
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20 institute best practices for immediate and successful PFAS removal,
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21 remediation, and recovery, including any necessary surveys and
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22 testing.
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23 C. The Department shall submit an electronic report to the
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24 Legislature on the total cost of PFAS removal, remediation, and
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1 recovery under this section. Upon the convening of the next
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2 legislative session, the reported amount shall be included in the
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3 general appropriations bill for the upcoming fiscal year.
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4 SECTION 4. It being immediately necessary for the preservation
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5 of the public peace, health or safety, an emergency is hereby
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6 declared to exist, by reason whereof this act shall take effect and
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7 be in full force from and after its passage and approval.
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9 60-2-3524 BRC 1/14/2026 8:49:27 PM
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Req. No. 3524 Page 7Every fact on this page links to its source, starting with the official bill record.