FLOODPLAIN MANAGEMENT LEGISLATIVE UPDATE PARTNERING FOR PROGRESS: PROMOTING EXCELLENCE IN FLOODPLAIN MANAGEMENT 21st ANNUAL CONFERENCE, NORMAN, OKLAHOMA ANA STAGG, PE, CFM LEGISLATIVE COMMITTEE CHAIR

2011 LEGISLATION ACTIVITY: SYNOPSIS HOUSE BILL 1692 HOUSE BILL 1232 Eliminates requirement of a 5-member Floodplain Board Facilitates entrance in to NFIP program for post-1980 communities Sponsored by Russ of the House and Justice of the Senate Approved Allows for temporary emergency highway closings for flooding by the Oklahoma Department of Transportation Provides emergency responders restitution for rescue of those bypassing Sponsored Bill by Sherrer of the House and Burrage of the Senate Approved SENATE BILL 335/ HOUSE BILL 1943 Proposes rule and procedure changes for unincorporated areas for Oil & Gas development Sets OWRB as regulating agency Sponsored Bill by Jackson, Branan Failed

HOUSE BILL 1692 May 5, 2011: Passed the House and the Senate STATUS UPDATE SYNOPSIS May 5, 2011: Passed the House and the Senate May 11, 2011: Approved by Governor Eliminates current requirement of a 5-member Floodplain Board, thereby facilitating entrance in to NFIP program for post-1980 communities. It also assigns the Oklahoma Water Resources Board as the permitting agency for floodplain development on State owned or operated property.

HOUSE BILL 1692 Eliminates requirement of a 5-member Floodplain Board Cleans up language in the State Floodplain Management Act Removes barrier obstructing communities’ participation in the NFIP Makes available Federally-subsidized flood insurance to residents and business owners Federal grants Leads to better floodplain management through local control

HOUSE BILL 1692 HOUSE KEEPING 1. "Area of jurisdiction" means: a. all of the lands areas within an incorporated town or city, except locations of all property owned or operated by the state for a municipality, b. all of the unincorporated areas except locations of all property owned or operated by the state of the county, for a county, or c. all property owned or operated by the state, for within the state, for the Board;

HOUSE BILL 1692 FLOODPLAIN BOARD "Floodplain board" means: a. an administrative and planning board established by a board of county commissioners or governing body of a municipality and composed of membership as specified in Section 1605 of this title, for floodplain management, of a county, or a municipality or, b. the state or Oklahoma Water Resources Board, c. the planning commission of a municipality or a county if so designated by the governing body of the municipality or county, or d. the board of county commissioners or governing body of a municipality if a separate floodplain board composed of membership as specified in Section 1605 of this title is not established or if an established floodplain board is dissolved by its respective board of county commissioners or governing body of a municipality after the effective date of this act; FLOODPLAIN BOARD

HOUSE BILL 1232 May 12, 2011: Passed the House and the Senate STATUS UPDATE SYNOPSIS May 12, 2011: Passed the House and the Senate May 18, 2011: Approved by Governor Enables the closing of a roadway to traffic due to flooding and also allows courts to order restitution reimbursing emergency responders—if necessary to rescue those that ignored the road closure. The restitution costs is defined as “an amount equal to the actual costs of the emergency response and repair or replacement of any damaged or lost emergency equipment.”

HOUSE BILL 1232 “Any person who violates any provision of this article shall be guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00) or imprisonment in the county jail not to exceed thirty (30) days, or both such fine and imprisonment, and shall be liable for any damage to property, or injury to or death to persons caused by the violations. In addition, the court may order restitution in an amount equal to the actual costs of the emergency response and repair or replacement of any damaged or lost emergency equipment.”

HOUSE BILL 1232 TULSA COUNTY SHERIFF HELD PRESS CONFERENCE NOT WIDELY PUBLICIZED FPA INVOLVEMENT NEEDED OFMA SPONSORSHIP OF BILL BOARD? OTHER OPTIONS?

SENATE BILL 335/HOUSE BILL 1943 STATUS UPDATE SYNOPSIS May 12, 2011: Passed the House and the Senate May 18, 2011: Approved by Governor Enables the closing of a roadway to traffic due to flooding and also allows courts to order restitution reimbursing emergency responders—if necessary to rescue those that ignored the road closure. The restitution costs is defined as “an amount equal to the actual costs of the emergency response and repair or replacement of any damaged or lost emergency equipment.

SENATE BILL 335/HOUSE BILL 1943: PURPOSE Standardizes Floodplain Permitting for O&G development across the state OWRB to act as clearing house for permitting of O&G development in the floodplain on behalf of NFIP member counties (not cities) OWRB will enable input from local FPA via comment period on application

SENATE BILL 335/HOUSE BILL 1943: REASON Initiated by Oklahoma Independent Petroleum Association (OIPA) OIPA has 3 main problems with the way oil and gas is being permitted now: There are not standardized o/g regulations across the state The permitting process takes too long There are multiple agencies to go through across the state These bills would address OIPA’s issues: All permits would go through OWRB Statewide standardized regulations would be created in OWRB Rules A standard time frame would be established in Rules

SENATE BILL 335/HOUSE BILL 1943: HISTORY JANUARY 2011: INITIATION OF DISCUSSIONS OIPA requested OWRB become permitting agency for O&G OWRB noted preference for local oversight of O&G permitting OFMA sought feedback from the membership – held conference calls, meetings with the OFMA Board and counties involved with O&G permitting

SENATE BILL 335/HOUSE BILL 1943: HISTORY FEBRUARY 2011: BILL IS INTRODUCED & OFMA SEEKS MEMBERSHIP FEEDBACK Majority of Local County Floodplain Administrators and Officials want to keep local control of O&G permitting. Noted reasons: OWRB will not be able to closely monitor the local conditions. The counties have to live with what is placed there. Many counties are doing a good job with the permits. Counties don’t want the State taking over their responsibilities. 02/07/2011: First Reading, Senate, Authored by Senator Branan 02/21/2011: Pass Energy committee. Coauthored by Jackson (principal House author)

SENATE BILL 335/HOUSE BILL 1943 MARCH 2011: OFMA PROPOSES PLAN APRIL 2011: PROGRESS THRU HOUSE/SENATE OFMA introduced compromise plan to permit O&G through OWRB (specific time frame & standardized regulations statewide) BUT allow variations of local control. Proposal rejected by O&G 03/15/2011: Title stricken 04/21/2011: Engrossed, signed, to Senate 05/10/2011: Senate rejected, conference requested 05/11/2011: Conference granted, naming Conference Committee on Natural Resources 05/16/2011: remove author Senator Branan and replace with Senator Bingman 05/16/2011: SCs named Bingman, Branan, Marlatt, David, Wyrick, Burrage 05/20/2011: Died in conference

CONTACT FOR INFORMATION HB 1692: Gavin Brady, NFIP State Coordinator, jgbrady@owrb.ok.gov HB 1232: Bill Robison, City of Tulsa, brobison@ci.tulsa.ok.us

OFMA LEGISLATIVE COMMITTEE OFMA will keep members informed. Be prepared to contact your legislators and commissioners. What happens with O&G floodplain permitting in OK may become a model for nation.

INTERESTED IN SUBJECT? Attend Technical Session A.4 Tuesday, 10:00 am Oil & Gas Nfip reform Attend Technical Session A.4 Tuesday, 10:00 am Sooner Room Amy Brandley, Canadian County FPA Attend Wednesday Plenary for NFIP Reform Wednesday: 8:45 am – Where Are We Going: National Policy 9:15 am – NFIP Legislation: H.R. 1309

FLOODPLAIN MANAGEMENT LEGISLATIVE UPDATE PARTNERING FOR PROGRESS: PROMOTING EXCELLENCE IN FLOODPLAIN MANAGEMENT 21st ANNUAL CONFERENCE, NORMAN, OKLAHOMA ANA STAGG, PE, CFM LEGISLATIVE COMMITTEE CHAIR