1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 SENATE BILL 1429 By: Haste
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6 AS INTRODUCED
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7 An Act relating to public ports; amending 82 O.S.
7 2021, Section 1141, which relates to the McClellan-
8 Kerr Arkansas River Navigation System Infrastructure
8 Revolving Fund; redesignating fund as the Oklahoma
9 Public Ports Infrastructure Revolving Fund; modifying
9 conditions for access of the fund; defining term;
10 granting certain authority; updating statutory
10 references; appropriating certain monies to certain
11 fund; and providing an effective date.
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15 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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16 SECTION 1. AMENDATORY 82 O.S. 2021, Section 1141, is
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17 amended to read as follows:
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18 Section 1141. A. There is hereby created in the State Treasury
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19 a revolving fund for the Oklahoma Department of Transportation to be
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20 designated the “McClellan-Kerr Arkansas River Navigation System
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21 “Oklahoma Public Ports Infrastructure Revolving Fund” (OPPIRF). The
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22 fund shall be a continuing fund, not subject to fiscal year
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23 limitations, for the purpose of pooling all monies received by the
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24 Oklahoma Department of Transportation from appropriations, dedicated
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 1 revenues, federal funds, private contributions or other sources
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2 authorized by law dedicated to the McClellan-Kerr Arkansas River
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3 Navigation System (MKARNS) or Oklahoma’s public waterway ports.
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4 Such monies shall include but not be limited to:
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5 1. Monies received by the Department of Transportation for
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6 waterway projects or infrastructure projects at public waterway
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7 ports;
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8 2. Principal and interest and penalty payments on loans made
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9 directly from appropriated monies in the fund; and
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10 3. Any other sums deposited into the fund from any public or
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11 private source.
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12 All monies accruing to the credit of the fund are hereby
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13 appropriated and may be budgeted and expended by the Oklahoma
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14 Department of Transportation for qualified projects upon a
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15 recommendation by the Waterways Advisory Board of review by the
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16 Oklahoma Department of Transportation and upon consultation with all
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17 Native American tribes with an ownership interest in the Arkansas
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18 riverbed for the purpose of repairing or constructing assets which
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19 are part of the MKARNS located in the State of Oklahoma which are
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20 essential to the safe and efficient operation of such system and may
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21 also be used to match federal grants and awards associated with
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22 channel improvements of the MKARNS, whether due to natural
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23 disasters, emergency conditions, operations and maintenance needs or
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24 construction projects approval from the Transportation Commission.
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 1 Expenditures from the fund shall be made upon warrants issued by the
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2 State Treasurer against claims filed as prescribed by law with the
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3 Director of the Office of Management and Enterprise Services for
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4 approval and payment.
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5 B. The monies placed in the OPPIRF shall be invested by the
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6 State Treasurer as prescribed by Section 89.2 of Title 62 of the
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7 Oklahoma Statutes. Notwithstanding any other provision of law,
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8 income and earnings on the fund shall accrue to the fund and may be
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9 used for the purposes provided for in this section. Any interest
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10 earned by the State Treasurer from such funds invested shall be
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11 deposited in the OPPIRF.
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12 C. As used in this section, a “qualified project” shall:
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13 1. Enhance the safe and efficient operation of Oklahoma’s
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14 freight transportation systems;
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15 2. Repair, improve, or construct waterway or industrial park
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16 infrastructure located at or within public waterway ports of this
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17 state; and
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18 3. Be developed in consultation with the United States Army
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19 Corps of Engineers or all Indian tribes with an ownership interest
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20 in the riverbed of the Arkansas River when necessary.
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21 D. The OPPIRF may be utilized by public port authorities which
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22 have active public waterway ports in this state for pooling
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23 available federal, private, and state monies for capital projects at
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 1 their public ports, not inconsistent with Section 1106 of this
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2 title.
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3 E. The Department of Transportation shall be authorized to:
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4 1. Grant or make loans from the OPPIRF for qualified projects
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5 in order to implement the provisions of this section;
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6 2. Grant an amount not to exceed twenty percent (20%) of the
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7 funds available in the OPPIRF during any one (1) year for qualified
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8 projects; and
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9 3. Loan an amount not to exceed thirty-five percent (35%) of
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10 the funds available in the OPPIRF during any one (1) year for
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11 qualified projects.
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12 No less than ten percent (10%) of the funds available in the
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13 OPPIRF during any one (1) year will be reserved for emergency
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14 repairs to public ports or waterway infrastructure as authorized by
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15 the Transportation Commission. Such determination of ten percent
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16 (10%) shall be made based off of the funds available in the OPPIRF
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17 at the start of each calendar year.
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18 F. The Department of Transportation shall promulgate rules
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19 necessary to effectuate the provisions of this section.
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20 SECTION 2. There is hereby appropriated to the Department of
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21 Transportation from any monies not otherwise appropriated from the
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22 General Revenue Fund of the State Treasury for the fiscal year
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23 ending June 30, 2025, the sum of Thirty-five Million Dollars
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24 ($35,000,000.00) or so much thereof as may be necessary to transfer
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 1 to the Oklahoma Public Ports Infrastructure Revolving Fund created
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2 pursuant to Section 1141 of Title 82 of the Oklahoma Statutes.
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3 SECTION 3. This act shall become effective January 1, 2025.
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5 59-2-3032 MSBB 12/15/2023 4:34:33 PM
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