{"data":{"id":"us-ok/okla.-stat.-tit.-17-17-340","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 17, § 17-340","heading":"Storage Tank Advisory Council - Members - Quorum -","body":"Authority - Rules - Expenses.\n\nA. 1. There is hereby created within the Corporation\n\nCommission the Storage Tank Advisory Council. The Council shall\n\nconsist of eleven (11) members.\n\n2. Three members shall be appointed by the Governor, four\n\nmembers shall be appointed by the Speaker of the House of\n\nRepresentatives and four members shall be appointed by the President\n\nPro Tempore of the Senate.\n\n3. The initial appointments for each gubernatorial and\n\nlegislative member shall be for progressive terms of one (1) through\n\nthree (3) years so that only one term expires each calendar year;\n\nsubsequent appointments shall be for three-year terms.\n\n4. Members shall continue to serve until their successors are\n\nappointed.\n\n5. If a member resigns or fails to attend three meetings with\n\nunexcused absences as determined by the chair of the Council in a\n\ntwelve-month period of the Council, their appointment shall be\n\ndeemed vacant and the chair of the Council shall notify the original\n\nappointing authority.\n\n6. Any vacancy shall be filled in the same manner as the\n\noriginal appointments.\n\n7. Six members shall constitute a quorum.\n\nB. The Council shall be composed as follows:\n\n1. The Governor shall appoint three members as follows:\n\na. one member shall be a petroleum storage tank owner,\n\noperator, or agent, and\n\nb. two members may include:\n\n(1) a petroleum storage tank owner, operator or\n\nagent, or\n\n(2) an engineer who holds an environmental\n\nconsultant's license issued by the Petroleum\n\nStorage Tank Division or works for a company that\n\nperforms petroleum storage tank services, or\n\n(3) a licensed environmental consultant, or\n\n(4) an owner-operator of an environmental company;\n\n2. The President Pro Tempore of the Senate shall appoint four\n\nmembers as follows:\n\na. one member shall be a petroleum storage tank owner,\n\noperator or agent,\n\nb. one member shall be a petroleum storage tank operator\n\nor agent for an agricultural cooperative, and\n\nc. two members may include:\n\n(1) a petroleum storage tank owner, operator or\n\nagent, or\n\n(2) an engineer who holds an environmental\n\nconsultant's license issued by the Petroleum\n\nStorage Tank Division or works for a company that\n\nperforms petroleum storage tank services, or\n\n(3) a licensed environmental consultant, or\n\n(4) an owner-operator of an environmental company;\n\nand\n\n3. The Speaker of the House of Representatives shall appoint\n\nfour members as follows:\n\na. one member shall be a petroleum storage tank owner,\n\noperator or agent,\n\nb. one member shall be a county commissioner or a\n\npetroleum storage tank operator or agent for a county\n\ncommissioner, and\n\nc. two members may include:\n\n(1) a petroleum storage tank owner, operator or\n\nagent, or\n\n(2) an engineer who holds an environmental\n\nconsultant's license issued by the Petroleum\n\nStorage Tank Division or works for a company that\n\nperforms petroleum storage tank services, or\n\n(3) a licensed environmental consultant, or\nor a\n\npetroleum storage tank operator or agent for a county\n\ncommissioner, and\n\nc. two members may include:\n\n(1) a petroleum storage tank owner, operator or\n\nagent, or\n\n(2) an engineer who holds an environmental\n\nconsultant's license issued by the Petroleum\n\nStorage Tank Division or works for a company that\n\nperforms petroleum storage tank services, or\n\n(3) a licensed environmental consultant, or\n\n(4) an owner-operator of an environmental company.\n\nC. The Council shall elect a chair and a vice-chair from among\n\nits members. The Council shall meet as required for rule\n\ndevelopment, review and recommendation and for such other purposes\n\nspecified by law. Special meetings may be called by the chair or by\n\nthe concurrence of any five members.\n\nD. The Storage Tank Advisory Council shall:\n\n1. Have authority to recommend to the Commission rules to\n\nimplement the Oklahoma Petroleum Storage Tank Consolidation Act and\n\nthe Petroleum Storage Tank Indemnity Fund. The staff of the storage\n\ntank regulatory program and the Petroleum Storage Tank Indemnity\n\nFund shall not have standing to recommend to the Commission proposed\n\npermanent rules or changes to such rules which have not previously\n\nbeen submitted to the Council for action prior to the hearing for\n\nadoption of the rules by the Commission;\n\n2. Before recommending any permanent rules to the Commission,\n\ngive public notice, offer opportunity for public comment and conduct\n\na public rulemaking hearing when required by the Administrative\n\nProcedures Act and rules of the Commission;\n\n3. Have authority to make written recommendations to the\n\nCommission which have been concurred upon by at least a majority of\n\nthe membership of the Council; and\n\n4. Have the authority to provide a public forum for the\n\ndiscussion of issues it considers relevant to its area of\n\njurisdiction, and to:\n\na. pass nonbinding resolutions expressing the sense of\n\nthe Council, and\n\nb. make recommendations to the Commission and its\n\nregulatory programs and the Petroleum Storage Tank\n\nIndemnity Fund concerning the need and the\n\ndesirability of conducting public meetings, workshops\n\nand seminars.\n\nE. The Council shall not recommend rules for promulgation by\n\nthe Commission unless all applicable requirements of the\n\nAdministrative Procedures Act and rules of the Commission have been\n\nfollowed, including but not limited to notice, rule impact statement\n\nand rule-making hearings. All actions of the Council with regard to\n\nrule-making shall be deemed actions of the Commission for the\n\npurposes of complying with the Administrative Procedures Act and\n\nrules of the Commission. The Council shall advise the Commission on\n\ninitiating and conducting rule-making proceedings pursuant to the\n\nOklahoma Petroleum Storage Tank Consolidation Act.\n\nF. Members of the Council shall serve without compensation but\n\nmay be reimbursed expenses incurred in the performance of their\n\nduties, as provided in the State Travel Reimbursement Act. The\n\nCouncil is authorized to utilize the conference rooms of the\n\nCommission and obtain administrative assistance from the Commission,\n\nas required.\n\nG. 1. The Commission is specifically charged with the duty of\n\npromulgating rules which will implement the duties and\n\nresponsibilities of the Oklahoma Petroleum Storage Tank\n\nConsolidation Act.\n\n2. Except as provided in this subsection, rules within the\n\njurisdiction of the Council provided for by this section shall be\n\npromulgated with the advice of such Council.\n\n3. The Commission may promulgate emergency rules without the\n\nadvice of the Council when the time constraints of the emergency, as\n\ndetermined by the Commission, do not permit timely development of\n\nrecommendations by the Council.\n\n4. If the Commission adopts any proposed permanent rules\n\nwithout the advice of the Council or not in accord with the advice\nay promulgate emergency rules without the\n\nadvice of the Council when the time constraints of the emergency, as\n\ndetermined by the Commission, do not permit timely development of\n\nrecommendations by the Council.\n\n4. If the Commission adopts any proposed permanent rules\n\nwithout the advice of the Council or not in accord with the advice\n\nof the Council, the Commission shall detail the reasons on the rule\n\nreport submitted to the Governor and the Legislature pursuant to\n\nArticle I of the Administrative Procedures Act.","path":["OK Code","Title 17"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os17.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"ea1a27c339f2a604f2eed75f51b446aca53b4f75d1293a858593b306687cce53","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-17-17-34.2","next":"us-ok/okla.-stat.-tit.-17-17-341"},"notice":"GroundRules: Original legal text. Not legal advice."}