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

§ 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 an environmental

consultant's license issued by the Petroleum

Oklahoma Statutes - Title 17. Corporation Commission

Storage Tank Division or works for a company that

performs petroleum storage tank services, or

(3) a licensed environmental 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 an environmental

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 environmental 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 an environmental

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 environmental 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 Petroleum Storage Tank Consolidation 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

Oklahoma Statutes - Title 17. Corporation Commission

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 Consolidation Act.

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 Petroleum Storage Tank

Consolidation Act.

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.

Oklahoma Statutes - Title 17. Corporation Commission

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; Laws 2018, c. 27, § 32, eff.

Nov. 1, 2018.