Tell Senate Agriculture Committee to Vote No on HB 4118

Editor's Note: Kirkpatrick Policy Group has signed onto the following letter opposing HB 4118, which would roll back Oklahoma poultry industry regulations that could lead to further pollution of Oklahoma waterways. Other signees include the City of Tulsa, the Oklahoma Municipal League, Save the Illinois River, the National Wildlife Federation, the Tulsa Audubon Society, and more.

Here is contact information for the members of the Senate Agriculture and Rural Affairs Committee. If you are a constituent of one of these members, please contact their office and tell them you oppose HB 4118. Thank you!

Chairman Chris Kidd, chris.kidd@oksenate.gov, 405-521-5563

Vice-Chair Chuck Hall, chuck.hall@oksenate.gov, 405-521-5628

Senator Jerry Alvord, jerry.alvord@oksenate.gov, 405-521-5607

Senator Mary Boren, mary.boren@oksenate.gov, 405-521-5553

Senator Grant Green, grant.green@oksenate.gov, 405-521-5547

Senator Warren Hamilton, warren.hamilton@oksenate.gov, 405-521-5604

Senator Darcy Jech, darcy.jech@oksenate.gov, 405-521-5545

Senator Lonnie Paxton, lonnie.paxton@oksenate.gov, 405-521-5537

Senator Cody Rogers, cody.rogers@oksenate.gov, 405-521-5600

Senator Tom Woods, tom.woods@oksenate.gov, 405-521-5576

Senator George Young, george.young@oksenate.gov, 405-521-5531

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March 24, 2024‍

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Members of the Oklahoma Senate Agriculture and Rural Affairs Committee

Oklahoma Senate

2300 North Lincoln Boulevard

Oklahoma City, OK 73105

Dear Senators:

We, the undersigned, speak to you in a singular voice, reaching across political, cultural, and economic boundaries with only the best intentions for the great state of Oklahoma and the sovereign Tribal Nations who share its splendor. We write with a simple yet profoundly important request:

Please vote NO on House Bill 4118.‍

The following are the main reasons the co-signers of this letter oppose HB 4118:

 GENERAL

• The bill shields the entire poultry industry (integrators, growers, and waste applicators) from any criminal or civil accountability for environmental harm, provided     they adhere to a nutrient management plan (NMP), effectively removing their responsibility for pollution.
• NMPs were not designed to prevent water pollution. Nutrient management plans are formulated on how much nitrogen is required to grow grass rather than how much phosphorus will cause water quality problems. This bill significantly lowers NMP minimum requirements, increasing the risk of environmental contamination.
• The bill’s proposed language gives NO recourse for municipalities, tourism, ranchers/farmers, Tribal Nations, or Oklahoma citizens to recover economic, health or use, and enjoyment damages from any large integrators, growers, or waste applicators.

MUNICIPALITES

• Communities and rural water systems will incur higher treatment costs due to increased pollutants, passing these expenses on to Oklahoma residents.
• Many municipalities lack the necessary equipment to treat the additional pollutants, necessitating major capital investments for upgrades.
• The bill’s proposed language gives NO recourse for communities and rural water systems to recover increased treatment costs from any large integrators, growers, or waste applicators.

TOURISM

• Places the poultry industry above the tourism industry which generated $11.8 billion in 2022 and continues to grow. Tourism ranks as Oklahoma's third-largest industry, significantly contributing to the state’s economy.
• Eastern Oklahoma's tourism primarily revolves around water recreation in its numerous lakes, rivers, and streams, which are at risk of direct impacts from pollutants originating from poultry operations, potentially causing illness, fish kills, and unsafe drinking water.
• The bill’s proposed language provides NO recourse for small businesses (hotels, restaurants, canoe rentals, marinas, guides, etc.) to recover lost revenue from any large integrators, growers, or waste applicators.

AGRICULTURE

• Increased nutrient levels will degrade water quality, lessen the useability of that water and toxic algal blooms will render water sources unusable when they occur.
• The bill fails to protect agricultural producers who use poultry litter for land application but are not poultry growers, even though these producers must adhere to the same land application regulations as poultry farmers.
• The bill’s proposed language provides NO recourse for ranch and farming operations to recover lost revenue from any large integrators, growers, or waste applicators. 

TRIBAL NATIONS

• This legislation challenges the Nations' sovereign rights to protect natural resources and manage environmental stewardship, risking the health and livelihood of Tribal people dependent on clean water and land. This situation prioritizes foreign and multinational corporate interests over the environmental integrity and sustainability vital for the well-being of the Nations and surrounding communities.
• The rights of Tribal people to live sustainably off the land and prosper should not be sacrificed for corporate gains, emphasizing the importance of maintaining sovereignty and environmental stewardship for current and future generations.
• The bill’s proposed language gives NO recourse for Tribal Nations or Tribal citizens to recover economic damages or loss of use and enjoyment from any large integrators, growers, or waste applicators.

OKLAHOMA CITIZENS:

• This bill undermines Oklahoma citizens' constitutional rights by banning private right of action against environmental pollution, directly conflicting with Section 23 of the Oklahoma State Constitution, which safeguards the use and enjoyment of property from unwarranted interference.
• This legislation strips Oklahoma citizens of their due process rights, a foundational constitutional guarantee, leaving them without adequate means for recourse or redress. The bill’s proposed language provides NO recourse for Oklahoma’s citizens to recover economic, health or use, and enjoyment loss from any large integrators, growers, or waste applicators.

We appreciate the vital efforts of Oklahoma’s agricultural sector and its importance to the state's economy. However, there must be a balancing act between economic prosperity and protecting the state’s natural resources while maintaining Oklahoma citizens’ constitutional rights. Every state industry must be held accountable for intentional or unintentional consequences caused by its actions. The poultry industry should be no different.

Please vote NO on House Bill 4118.

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