ENGROSSED SENATE
BILL NO. 511 	By:	Aldridge of the Senate

			and

		Wesselhoft of the House

[ environment and natural resources - Oklahoma Highway Remediation and Cleanup Services Act - rotation system for remediation service calls - codification - effective date - 		emergency ]

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     Section 6, Chapter 243, O.S.L. 2006 (27A O.S. Supp. 2008, Section 2-7-405), is amended to read as follows:
Section 2-7-405.  The provisions of this act the Oklahoma Highway Remediation and Cleanup Services Act shall not preclude any person in need of any highway remediation or cleanup service from employing or contracting with any licensed highway remediation service of choice, except where hazardous conditions exist which pose an imminent threat to human health or the environment, in which case.  In the case of such an imminent threat, or in a case in which the person responsible for the spill declines or fails to secure the services of a licensed highway remediation service within a reasonable time, a law enforcement officer or municipal fire chief may contact any available highway remediation and cleanup service operator or any other provider of a needed service as the officer or chief deems necessary as safety and time conditions warrant, subject to the provisions of subsection C of Section 2 of this act.
SECTION 2.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 2-7-406 of Title 27A, unless there is created a duplication in numbering, reads as follows:
A.  1.  Upon receipt of a list of licensed highway remediation and cleanup service operators from the Department of Environmental Quality, the Department of Public Safety shall place a licensed highway remediation and cleanup service on the Highway Patrol Rotation Log in a geographical area in which the place of business and the primary storage facility of the highway remediation and cleanup service are located.  Upon request of a licensed highway remediation and cleanup service operator, the Department of Public Safety may place the highway remediation and cleanup service on the Highway Patrol Rotation Log in a geographical area adjacent to the geographical area in which the place of business and the primary storage facility of the highway remediation and cleanup service are located if the highway remediation and cleanup service is within a reasonable proximity of the adjacent area.  When a highway remediation and cleanup service is placed on the rotation log, the Department of Public Safety shall notify the highway remediation and cleanup service and the troop commanders in that geographical area.
2.  The Commissioner of Public Safety or the Department of Public Safety shall be responsible for establishing geographical areas of rotation and for notifying each highway remediation and cleanup service operator of the geographical areas of rotation to which the service is assigned, and shall make all rotation logs available for public inspection.
B.  The Department of Public Safety shall not place any highway remediation and cleanup service operator upon an official rotation log for the performance of services carried out pursuant to the request of or at the direction of any law enforcement officer or municipal fire chief unless the service meets the following requirements:
1.  Principal business facilities are located within Oklahoma;
2.  Vehicles are registered and licensed in Oklahoma; and
3.  Owner is a resident of the State of Oklahoma or the service is an Oklahoma corporation.
C.  1.  A request by a law enforcement officer or municipal fire chief for the removal or remediation of a spill of hazardous materials shall be directed to a licensed highway remediation and cleanup service operator on the rotation log for the geographical area of rotation in which the spill occurred.  All licensed highway remediation and cleanup service operators located within a geographical area of rotation shall, as nearly as possible, be called on an equal basis for spills within that geographical area of rotation.
2.  The Department of Public Safety shall keep rotation logs on all requested cleanups, except where there are insufficient licensed highway remediation or cleanup service operators available to rotate such services.  Rotation logs shall be made available for public inspection upon request.  Any calls made from cell phones or two-way radios by any law enforcement officer or municipal fire chief to any highway remediation service shall be listed on the rotation or call logs and made available for public inspection.
3.  The Department of Public Safety shall not remove a licensed highway remediation and cleanup service operator from a rotation log without notification to the highway remediation and cleanup operator stating the reason for removal from the rotation log.  A notification for removal from a rotation log shall be mailed to the highway remediation and cleanup service owner at least ten (10) days before removal from the rotation log and shall state the procedure and requirements for reinstatement.
SECTION 3.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 2-7-407 of Title 27A, unless there is created a duplication in numbering, reads as follows:
A.  The provisions of the Oklahoma Highway Remediation and Cleanup Services Act shall not apply to discharges or spills from rail transportation vehicles or cargo at locations including, but not limited to, highway, street or road intersections or other locations involving railroad tracks.
B.  The provisions of the Oklahoma Highway Remediation and Cleanup Services Act shall not apply to discharges or spills from vehicles, cargo or electrical equipment under the control of an electric utility.
SECTION 4.  This act shall become effective July 1, 2009.
SECTION 5.  It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.
Passed the Senate the 25th day of February, 2009.

	
Presiding Officer 	of the Senate

Passed the House of Representatives the ____ day of __________, 2009.

	
Presiding Officer	of the House
	of Representatives