A.
- 1. To alleviate new and ongoing serious environmental emergencies, a process shall be established to allow cities or counties to seek reimbursement after acquiring title at fair market value and removing a residential home that has become contaminated by a substance including or related to brine or oil. The city or county shall begin the process to acquire the residential home prior to requesting reimbursement.
- 2. Fair market value shall be determined by the city or county and shall reflect the property's condition prior to the environmental emergency. Such value shall be established as the greater of either the most recent valuation of the property by the county assessor or a comparative market analysis based on sales of similar properties occurring within the preceding three to six months.
B.
- 1. To request the use of funds from the Remediation Assistance Revolving Fund created in Section 2 of this act, the city or county shall file an application to be considered by the Corporation Commission. No fee shall be required to file the application. The Corporation Commission may hear the application with or without notice.
- 2. After considering the evidence presented, the Corporation Commission shall rule on the application and determine whether the city or county is eligible for reimbursement.
- 3. The Remediation Assistance Revolving Fund shall not be used to pay the homeowner for any damages.
- 4. Prior to any reimbursement from the Remediation Assistance Revolving Fund, the Corporation Commission shall comply with the requirements set forth in the Oklahoma Central Purchasing Act, relating to emergency acquisitions, Section 85.41A of Title 74 of the Oklahoma Statutes.
- 5. Once the residence is removed, if the presence of a well is confirmed, the Corporation Commission shall remediate and abate the environmental emergency using state plugging funds. After the property is remediated, the city or county shall sell the property at fair market value, and return all proceeds, after expenses, to the Remediation Assistance Revolving Fund.
- 6. The homeowner shall in good faith pursue all available homeowner's insurance claims and damage claims and ensure that the Remediation Assistance Revolving Fund is listed as either the primary creditor or beneficiary, or both, for all payment of claims. The homeowner shall provide copies of these claims to the Corporation Commission upon request. All proceeds received by the homeowner not related to damaged personal property shall be reimbursed to the Remediation Assistance Revolving Fund.
- C. The homeowner shall be held personally liable if the Remediation Assistance Revolving Fund is not reimbursed consistent with this act or if all available homeowner's insurance claims and damage claims are not pursued in good faith. The Attorney General shall bring an action in the district court in and for Oklahoma County, State of Oklahoma, to enforce compliance by the homeowner or to seek reimbursement to the Remediation Assistance Revolving Fund.
- D. If, at any time, the environmental emergency is determined to not include or be related to brine or oil, or it is determined to be a naturally occurring breakout, the matter shall be referred to the Department of Environmental Quality. If costs of remediation and abatement are expended by the Department of Environmental Quality, such costs shall be reimbursed by the Remediation Assistance Revolving Fund if no other eligible funding sources are available.
- E. The Corporation Commission shall promulgate rules to effectuate the provisions of this section.
Laws 2026, SB 1319, c. 432, § 1, emerg. eff. May 20, 2026 (Editorially renumbered to avoid a duplication in numbering).