Okla. Stat. tit. 27A, § 27A-2-3-109

Program.

A. There is hereby created the “Oklahoma Energy Efficiency and

Emission Reduction Program”, to be administered by the Department of

Environmental Quality. The purpose of the Oklahoma Energy

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 75

Efficiency and Emission Reduction Program is to fund activities and

projects designed to reduce regional air pollution.

B. The Oklahoma Legislature finds that any activity or project

that reduces regional air pollution is desirable and advantageous

and serves a compelling public interest. Further, improved air

quality enhances the health and quality of life for the citizens of

Oklahoma, helps maintain the abundant natural beauty and resources

of the state, and fosters the economic well-being of the state by

reducing the potential that the federal government will designate

some or all of the state as in air-quality “nonattainment” status,

resulting in extremely burdensome additional regulatory

requirements.

C. 1. Any funds made available for the Oklahoma Energy

Efficiency and Emission Reduction Program shall be used by the

Department for matching grants to governmental and nongovernmental

entities in Oklahoma to encourage the implementation of recognized

air pollution reduction measures, including, but not limited to, the

retrofitting of truck and bus fleets or locomotives to use cleaner

fuels and the installation and implementation of energy efficiency

measures.

2. Grants awarded under the Program shall be limited to ninety-

five percent (95%) of the direct project costs in the case of

governmental entities and seventy-five percent (75%) of the direct

project costs in the case of nongovernmental entities.

3. In making grant awards, the Department shall enter into a

contract or memorandum of agreement with the grantee that includes

conditions and safeguards to ensure that the matching funds are

expended for the purposes specified and that the state receives a

clear benefit from the expenditure. In addition to any other

conditions and safeguards deemed necessary and appropriate:

a. the Department shall require grant recipients to

submit a report within a reasonable time after

construction, installation, or implementation of the

project that summarizes the results, including

emissions reductions achieved and “lessons learned”.

Information from the reports may be used by the

Department in evaluation of future grant applications

or proposals for the Oklahoma Energy Efficiency and

Emission Reduction Program or any similar grant

program and to determine the viability of other

projects or programs that may be proposed to control

or reduce air pollution in the state, and

b. to secure the maximum possible benefit by increasing

awareness of the Oklahoma Energy Efficiency and

Emission Reduction Program, the Department may require

any grant recipient to post notice in a conspicuous

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place of participation in the Program and the nature

of the funded project.

4. Before making any grants, the Department shall determine to

its satisfaction that the proposed project will significantly reduce

air pollution within the state. The Department is authorized to set

a deadline for grant applications, and if the total grant funding

sought exceeds the amount available under the Program, the

Department shall give priority to those projects that appear to

achieve the maximum public health benefit for citizens of the state.

5. Not more than twenty-five percent (25%) of the total sum

available for grants under the Program shall be awarded to any

single entity. Application of this limit shall not preclude

participation by the recipient in any similar grant program in the

future.

D. If funds are appropriated by the Legislature for the

Oklahoma Energy Efficiency and Emission Reduction Program, not more
the state.

5. Not more than twenty-five percent (25%) of the total sum

available for grants under the Program shall be awarded to any

single entity. Application of this limit shall not preclude

participation by the recipient in any similar grant program in the

future.

D. If funds are appropriated by the Legislature for the

Oklahoma Energy Efficiency and Emission Reduction Program, not more

than One Hundred Thousand Dollars ($100,000.00) annually of the

funds shall be used by the Department for personnel and other costs

associated with administration and management of the Program, and

for providing technical assistance to entities applying for and

participating in the Program.

E. On or before September 1, 2009, and by September 1 each year

thereafter, the Department shall submit to the Governor, the Speaker

of the House of Representatives, and the President Pro Tempore of

the Senate a report on the Oklahoma Energy Efficiency and Emission

Reduction Program. The report shall outline program expenditures,

estimate emission reductions achieved, and health or environmental

benefits associated with those reductions for the previous fiscal

year, and any other information the Department determines is

necessary to aid the Governor and Legislature in evaluating the

Program.