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 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 271 By: Rader
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6 AS INTRODUCED
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7 An Act relating to environment and natural resources;
7 creating the Oklahoma Perfluoroalkyl and
8 Polyfluoroalkyl Substances (PFAS) Act; providing
8 short title; defining terms; providing exemption from
9 liability for certain passive receivers of PFAS;
9 providing for liability in certain circumstances;
10 requiring rule promulgation; requiring the creation
10 of a fee schedule; requiring application and
11 authorization for certain activities; providing for
11 certain classification of waste; providing for
12 codification; and declaring an emergency.
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15 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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16 SECTION 1. NEW LAW A new section of law to be codified
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17 in the Oklahoma Statutes as Section 2-7-501 of Title 27A, unless
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18 there is created a duplication in numbering, reads as follows:
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19 A. This act shall be known and may be cited as the "Oklahoma
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20 Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) Act".
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21 B. As used in the Oklahoma Perfluoroalkyl and Polyfluoroalkyl
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22 Substances (PFAS) Act:
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23 1. "AFFF" means aqueous film-forming foam containing
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24 intentionally added PFAS;
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1 2. "AFFF waste" means AFFF, diluted AFFF, and water or soil
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2 contaminated with AFFF containing intentionally added PFAS with a
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3 concentration greater than one part per billion, which is abandoned,
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4 discarded, disposed, destroyed, or stored pending disposal or
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5 destruction; and
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6 3. "PFAS" means perfluoroalkyl and polyfluoroalkyl substances.
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7 SECTION 2. NEW LAW A new section of law to be codified
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8 in the Oklahoma Statutes as Section 2-7-502 of Title 27A, unless
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9 there is created a duplication in numbering, reads as follows:
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10 A. Subject to subsection B of this section, the following
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11 protected passive receivers of perfluoroalkyl and polyfluoroalkyl
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12 substances (PFAS) that provide essential services shall not be
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13 civilly liable to this state for costs arising from a release of
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14 PFAS to the environment:
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15 1. A public water system, as defined in Section 1401 of the
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16 federal Safe Drinking Water Act, 42 U.S.C., Section 300f;
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17 2. A publicly or privately owned or operated treatment works,
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18 as defined in Section 212 of the Federal Water Pollution Control
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19 Act, 33 U.S.C., Section 1292, or the owner of a site where biosolids
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20 generated from a treatment works or a permitted municipal wastewater
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21 lagoon, as defined by the administrative rules of the Department of
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22 Environmental Quality, are applied;
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1 3. A municipality to which a permit is issued for stormwater
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2 discharges under Section 402 of the Federal Water Pollution Control
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3 Act, 33 U.S.C., Section 1342;
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4 4. A political subdivision of this state acting as a wholesale
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5 water agency;
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6 5. A contractor performing the management or disposal
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7 activities described in subsection B of this section for an entity
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8 described in paragraphs 1 through 4 of this subsection;
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9 6. An entity with a fire suppression system installed or
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10 otherwise in use, in accordance with applicable federal, state, and
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11 local fire codes, that uses aqueous film-forming foam (AFFF)
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12 containing PFAS;
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13 7. A sponsor of the civilian portion of a joint-use airport or
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14 a shared-use airport which releases PFAS as a result of the use of
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15 AFFF pursuant to, and carried out in accordance with, Federal
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16 Aviation Administration standards and guidance on the use of the
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17 substances; and
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18 8. An owner or operator of a solid waste management facility,
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19 as defined in Section 1004 of the Solid Waste Disposal Act, 42
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20 U.S.C., Section 6903, to the extent that the facility received
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21 routine municipal solid waste, including commercial solid waste
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22 containing incidental amounts of PFAS.
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23 B. The exemption from liability contained in subsection A of
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24 this section shall not apply if the release of PFAS resulted from a
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1 material violation of relevant and applicable federal, state, or
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2 other legal requirements or standards related to the management,
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3 storage, transport, conveyance, treatment, discharge, and disposal
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4 of PFAS, or of commonly accepted engineering standards in existence
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5 at the time that the activity is carried out.
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6 C. Nothing in this section shall preclude liability for damages
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7 or costs associated with the release of PFAS by a protected passive
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8 receiver of PFAS if the protected passive receiver acts with gross
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9 negligence or willful misconduct in the discharge, disposal,
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10 management, conveyance, or storage of PFAS.
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11 SECTION 3. NEW LAW A new section of law to be codified
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12 in the Oklahoma Statutes as Section 2-7-503 of Title 27A, unless
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13 there is created a duplication in numbering, reads as follows:
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14 A. 1. The Environmental Quality Board shall promulgate rules
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15 related to the receipt, storage, treatment, and disposal of
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16 perfluoroalkyl and polyfluoroalkyl substances (PFAS) in this state,
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17 including rules related to a waste exclusion plan.
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18 2. Rules promulgated under subsection A of this section shall
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19 require that any person accepting aqueous film-forming foam (AFFF)
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20 waste for storage, treatment, or disposal prove to the Department
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21 that the manner of such storage, treatment, or disposal is
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22 protective of human health and the environment. The Department
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23 shall establish criteria and guidelines for determinations under
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24 this subsection.
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1 B. 1. The Board shall establish a schedule of fees, pursuant
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2 to Section 2-3-402 of Title 27A of the Oklahoma Statutes and the
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3 Administrative Procedures Act, for the application to dispose, and
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4 for disposal of, AFFF waste at a facility in this state.
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5 2. Any fees established pursuant to this subsection shall be in
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6 lieu of any tonnage fees assessed to the holder of a permit by the
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7 Department for solid or hazardous waste disposal. The fees shall be
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8 deposited into the Department of Environmental Quality Revolving
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9 Fund.
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10 SECTION 4. NEW LAW A new section of law to be codified
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11 in the Oklahoma Statutes as Section 2-7-504 of Title 27A, unless
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12 there is created a duplication in numbering, reads as follows:
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13 A. A person or entity seeking to receive, store, treat, or
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14 dispose of more than two hundred (200) pounds of aqueous film-
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15 forming foam (AFFF) waste per day shall submit an application to the
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16 Department of Environmental Quality and receive authorization for
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17 such action. The Department, in the exercise of its reasonable
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18 discretion, may waive specific requirements of this act or rules
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19 where there is no feasible alternative to the storage, treatment, or
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20 disposal at issue and the action does not result in a greater risk
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21 to human health and the environment. Prior to the promulgation of
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22 rules in Section 3 of this act, the Department may authorize the
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23 continuation of activities under this subsection if it determines
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1 that the activities will be conducted in a manner that is
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2 sufficiently protective of human health and the environment.
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3 B. Nothing in this section shall relieve the manufacturer of
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4 perfluoroalkyl and polyfluoroalkyl substances (PFAS) containing
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5 material from liability related to the storage, treatment, or
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6 disposal of PFAS waste.
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7 C. 1. AFFF waste generated in or transported from another
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8 state shall maintain the same classification or characterization it
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9 would receive in the state of origin, unless such classification or
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10 characterization is less protective of human health and the
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11 environment than the classification or characterization it would
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12 have received if generated in this state.
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13 2. If AFFF waste generated in or transported from another state
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14 is banned from disposal in the state of origin, then the waste is
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15 similarly banned from disposal in Oklahoma, unless the AFFF waste is
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16 effectively banned from disposal in the state of origin due to a
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17 lack of permitted hazardous waste landfills within the state. If
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18 the AFFF waste is effectively banned from disposal in the state of
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19 origin due to a lack of permitted hazardous waste landfills within
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20 the state, then the AFFF waste may be disposed of in landfills
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21 permitted under the Oklahoma Hazardous Waste Management Act pursuant
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22 to Section 2-7-101 et seq. of Title 27A of the Oklahoma Statutes.
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23 SECTION 5. It being immediately necessary for the preservation
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24 of the public peace, health or safety, an emergency is hereby
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1 declared to exist, by reason whereof this act shall take effect and
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2 be in full force from and after its passage and approval.
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4 60-1-927 RD 12/30/2024 8:30:15 PM
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Req. No. 927 Page 7Every fact on this page links to its source, starting with the official bill record.