Oklahoma SB 271: Environment and natural resources; creating the Oklahoma Perfluoroalkyl and Polyfluoroalkyl Substances Act; providing application, liability, and fee assessment for certain waste disposal. Emergency.

Bill Text

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STATE OF OKLAHOMA

1st Session of the 60th Legislature (2025)

SENATE BILL 271 By: Rader

AS INTRODUCED

An Act relating to environment and natural resources;
creating the Oklahoma Perfluoroalkyl and
Polyfluoroalkyl Substances (PFAS) Act; providing
short title; defining terms; providing exemption from
liability for certain passive receivers of PFAS;
providing for liability in certain circumstances;
requiring rule promulgation; requiring the creation
of a fee schedule; requiring application and
authorization for certain activities; providing for
certain classification of waste; providing for
codification; and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2-7-501 of Title 27A, unless
there is created a duplication in numbering, reads as follows:
A. This act shall be known and may be cited as the “Oklahoma
Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) Act”.
B. As used in the Oklahoma Perfluoroalkyl and Polyfluoroalkyl
Substances (PFAS) Act:
1. “AFFF” means aqueous film-forming foam containing
intentionally added PFAS;

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2. “AFFF waste” means AFFF, diluted AFFF, and water or soil
contaminated with AFFF containing intentionally added PFAS with a
concentration greater than one part per billion, which is abandoned,
discarded, disposed, destroyed, or stored pending disposal or
destruction; and
3. “PFAS” means perfluoroalkyl and polyfluoroalkyl substances.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2-7-502 of Title 27A, unless
there is created a duplication in numbering, reads as follows:
A. Subject to subsection B of this section, the following
protected passive receivers of perfluoroalkyl and polyfluoroalkyl
substances (PFAS) that provide essential services shall not be
civilly liable to this state for costs arising from a release of
PFAS to the environment:
1. A public water system, as defined in Section 1401 of the
federal Safe Drinking Water Act, 42 U.S.C., Section 300f;
2. A publicly or privately owned or operated treatment works,
as defined in Section 212 of the Federal Water Pollution Control
Act, 33 U.S.C., Section 1292, or the owner of a site where biosolids
generated from a treatment works or a permitted municipal wastewater
lagoon, as defined by the administrative rules of the Department of
Environmental Quality, are applied;

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3. A municipality to which a permit is issued for stormwater
discharges under Section 402 of the Federal Water Pollution Control
Act, 33 U.S.C., Section 1342;
4. A political subdivision of this state acting as a wholesale
water agency;
5. A contractor performing the management or disposal
activities described in subsection B of this section for an entity
described in paragraphs 1 through 4 of this subsection;
6. An entity with a fire suppression system installed or
otherwise in use, in accordance with applicable federal, state, and
local fire codes, that uses aqueous film-forming foam (AFFF)
containing PFAS;
7. A sponsor of the civilian portion of a joint-use airport or
a shared-use airport which releases PFAS as a result of the use of
AFFF pursuant to, and carried out in accordance with, Federal
Aviation Administration standards and guidance on the use of the
substances; and
8. An owner or operator of a solid waste management facility,
as defined in Section 1004 of the Solid Waste Disposal Act, 42
U.S.C., Section 6903, to the extent that the facility received
routine municipal solid waste, including commercial solid waste
containing incidental amounts of PFAS.
B. The exemption from liability contained in subsection A of
this section shall not apply if the release of PFAS resulted from a

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material violation of relevant and applicable federal, state, or
other legal requirements or standards related to the management,
storage, transport, conveyance, treatment, discharge, and disposal
of PFAS, or of commonly accepted engineering standards in existence
at the time that the activity is carried out.
C. Nothing in this section shall preclude liability for damages
or costs associated with the release of PFAS by a protected passive
receiver of PFAS if the protected passive receiver acts with gross
negligence or willful misconduct in the discharge, disposal,
management, conveyance, or storage of PFAS.
SECTION 3. NEW LAW A new section of