1. A. There is hereby created within the Corporation Commission the Storage Tank Advisory Council. The Council shall consist of nine (9) members. Three members shall be appointed by the Governor, three members shall be appointed by the Speaker of the House of Representatives and three members shall be appointed by the President Pro Tempore of the Senate. The initial appointments for each gubernatorial and legislative member shall be for progressive terms of one (1) through three (3) years so that only one term expires each calendar year; subsequent appointments shall be for three-year terms. Members shall continue to serve until their successors are appointed. Any vacancy shall be filled in the same manner as the original appointments. Five members shall constitute a quorum. The Council shall be composed as follows:

   1. 1. The Governor shall appoint three (3) members as follows:

      1. a. two members who shall be storage tank owners or operators, and
      2. b. one member who shall be a certified U.S.T. consultant or contractor;

   2. 2. The President Pro Tempore of the Senate shall appoint three (3) members as follows:

      1. a. two members who shall be storage tank owners or operators, and
      2. b. one member who shall be a geologist; and

   3. 3. The Speaker of the House of Representatives shall appoint three (3) members as follows:

      1. a. two members who shall be storage tank owners or operators, and
      2. b. one member who shall be a registered professional engineer.
2. B. The Council shall elect a chair and a vice-chair from among its members. The Council shall meet as required for rule development, review and recommendation and for such other purposes specified by law. Special meetings may be called by the chair or by the concurrence of any three (3) members.

3. C. The Storage Tank Advisory Council shall:

   1. 1. Have authority to recommend to the Corporation Commission rules to implement the Oklahoma Storage Tank Regulation Act, and the Oklahoma Petroleum Tank Release Indemnity Fund Program. The staff of the storage tank regulatory program and the Indemnity Fund Program shall not have standing to recommend to the Corporation Commission proposed permanent rules or changes to such rules which have not previously been submitted to the Council for action at least forty-five (45) days prior to the hearing for adoption of the rules by the Corporation Commission;
   2. 2. Before recommending any permanent rules to the Corporation Commission, give public notice, offer opportunity for public comment and conduct a public rulemaking hearing when required by the Administrative Procedures Act and rules of the Commission;
   3. 3. Have authority to make written recommendations to the Corporation Commission which have been concurred upon by at least a majority of the membership of the Council; and

   4. 4. Have the authority to provide a public forum for the discussion of issues it considers relevant to its area of jurisdiction, and to:

      1. a. pass nonbinding resolutions expressing the sense of the Council, and
      2. b. make recommendations to the Corporation Commission and its regulatory programs and the Indemnity Fund Program concerning the need and the desirability of conducting public meetings, workshops and seminars.
4. D. The Council shall not recommend rules for promulgation by the Corporation Commission unless all applicable requirements of the Administrative Procedures Act and rules of the Commission have been followed, including but not limited to notice, rule impact statement and rulemaking hearings. All actions of the Council with regard to rulemaking shall be deemed actions of the Corporation Commission for the purposes of complying with the Administrative Procedures Act and rules of the Commission. The Council shall advise the Corporation Commission on initiating and conducting rulemaking proceedings pursuant to the Oklahoma Petroleum Storage Tank Reform Act, Petroleum Storage Tank Act and the Oklahoma Petroleum Tank Release Indemnity Fund Program.
5. E. Members of the Council shall serve without compensation but may be reimbursed expenses incurred in the performance of their duties, as provided in the State Travel Reimbursement Act. The Council is authorized to utilize the conference rooms of the Corporation Commission and obtain administrative assistance from the Commission, as required.

6. F.

   1. 1. The Corporation Commission is specifically charged with the duty of promulgating rules which will implement the duties and responsibilities of the Oklahoma Storage Tank Regulation Act and the Oklahoma Petroleum Tank Release Indemnity Fund Program.
   2. 2. Except as provided in this subsection, rules within the jurisdiction of the Council provided for by this section shall be promulgated with the advice of such Council.
   3. 3. The Corporation Commission may promulgate emergency rules without the advice of the Council when the time constraints of the emergency, as determined by the Corporation Commission, do not permit timely development of recommendations by the Council.
   4. 4. If the Corporation Commission adopts any proposed permanent rules without the advice of the Council or not in accord with the advice of the Council, the Corporation Commission shall detail the reasons therefor on the rule report submitted to the Governor and the Legislature pursuant to Article 1 of the Administrative Procedures Act.

Laws 1993, SB 455, c. 344, § 15, emerg. eff. June 9, 1993; Amended by Laws 1994, SB 824, c. 352, § 3, emerg. eff. June 9, 1994; Amended by Laws 1998, SB 27, c. 375, § 25, emerg. eff. June 9, 1998 (superseded document available).