§ 17-340. Storage Tank Advisory Council - Members - Quorum - Authority - Rules - Expenses.

A.  1.  There is hereby created within the Corporation Commission the Storage Tank Advisory Council.  The Council shall consist of eleven (11) members.

2.  Three members shall be appointed by the Governor, four members shall be appointed by the Speaker of the House of Representatives and four members shall be appointed by the President Pro Tempore of the Senate.

3.  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.

4.  Members shall continue to serve until their successors are appointed.

5.  If a member resigns or fails to attend three meetings with unexcused absences as determined by the chair of the Council in a twelve-month period of the Council, their appointment shall be deemed vacant and the chair of the Council shall notify the original appointing authority.

6.  Any vacancy shall be filled in the same manner as the original appointments.

7.  Six members shall constitute a quorum.

B.  The Council shall be composed as follows:

1.  The Governor shall appoint three members as follows:

a.one member shall be a petroleum storage tank owner, operator, or agent, and

b.two members may include:

(1)              a petroleum storage tank owner, operator or agent, or

(2)              an engineer who holds a remediation consultant’s license issued by the Petroleum Storage Tank Division or works for a company that performs petroleum storage tank services, or

(3)              a licensed remediation consultant, or

(4)              an owner-operator of an environmental company;

2.  The President Pro Tempore of the Senate shall appoint four members as follows:

a.one member shall be a petroleum storage tank owner, operator or agent,

b.one member shall be a petroleum storage tank operator or agent for an agricultural cooperative, and

c.two members may include:

(1)              a petroleum storage tank owner, operator or agent, or

(2)              an engineer who holds a remediation consultant’s license issued by the Petroleum Storage Tank Division or works for a company that performs petroleum storage tank services, or

(3)              a licensed remediation consultant, or

(4)              an owner-operator of an environmental company; and

3.  The Speaker of the House of Representatives shall appoint four members as follows:

a.one member shall be a petroleum storage tank owner, operator or agent,

b.one member shall be a county commissioner or a petroleum storage tank operator or agent for a county commissioner, and

c.two members may include:

(1)              a petroleum storage tank owner, operator or agent, or

(2)              an engineer who holds a remediation consultant’s license issued by the Petroleum Storage Tank Division or works for a company that performs petroleum storage tank services, or

(3)              a licensed remediation consultant, or

(4)              an owner-operator of an environmental company.

C.  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 five members.

D.  The Storage Tank Advisory Council shall:

1.  Have authority to recommend to the Commission rules to implement the Oklahoma Storage Tank Regulation Act and the Petroleum Storage Tank Indemnity Fund.  The staff of the storage tank regulatory program and the Petroleum Storage Tank Indemnity Fund shall not have standing to recommend to the Commission proposed permanent rules or changes to such rules which have not previously been submitted to the Council for action prior to the hearing for adoption of the rules by the Commission;

2.  Before recommending any permanent rules to the 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.  Have authority to make written recommendations to the Commission which have been concurred upon by at least a majority of the membership of the Council; and

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

a.pass nonbinding resolutions expressing the sense of the Council, and

b.make recommendations to the Commission and its regulatory programs and the Petroleum Storage Tank Indemnity Fund concerning the need and the desirability of conducting public meetings, workshops and seminars.

E.  The Council shall not recommend rules for promulgation by the 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 rule-making hearings.  All actions of the Council with regard to rule-making shall be deemed actions of the Commission for the purposes of complying with the Administrative Procedures Act and rules of the Commission.  The Council shall advise the Commission on initiating and conducting rule-making proceedings pursuant to the Oklahoma Petroleum Storage Tank Reform Act, Oklahoma Storage Tank Regulation Act and the Oklahoma Petroleum Storage Tank Release Indemnity Program.

F.  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 Commission and obtain administrative assistance from the Commission, as required.

G.  1.  The 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 Storage Tank Release Indemnity Program.

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.  The Commission may promulgate emergency rules without the advice of the Council when the time constraints of the emergency, as determined by the Commission, do not permit timely development of recommendations by the Council.

4.  If the Commission adopts any proposed permanent rules without the advice of the Council or not in accord with the advice of the Council, the Commission shall detail the reasons on the rule report submitted to the Governor and the Legislature pursuant to Article I of the Administrative Procedures Act.

Added by Laws 1993, c. 344, § 15, emerg. eff. June 9, 1993.  Amended by Laws 1994, c. 352, § 3, emerg. eff. June 9, 1994; Laws 1998, c. 375, § 25, emerg. eff. June 9, 1998; Laws 2004, c. 430, § 6, emerg. eff. June 4, 2004; Laws 2005, c. 435, § 17, eff. Nov. 1, 2005; Laws 2007, c. 121, § 1, eff. July 1, 2007.