HB 4338: Oklahoma Brine Development Act; modifications; modifying definitions; defining terms; Corporation Commission; emergency. - Oklahoma

Floor (House) → Floor (Senate) · 4 edits

MODERATE

The bill was revised to reflect its passage through the Senate, updating the header to 'Senate Floor Version' and changing the effective date to April 16, 2026. The legislative intent was broadened to explicitly include the extraction and sale of constituent elements from produced water, aligning the bill with specific sections of the Oil and Gas Produced Water Recycling and Reuse Act. A new section was added to codify the law as Section 526 of Title 17, and the definition of 'common source of supply' was clarified to ensure distinct geological accumulations are treated as separate units.

Scope change

The bill's scope was expanded to explicitly cover the commercial extraction and sale of elements from produced water, previously implied but not as clearly defined. The codification section was also updated to assign a new statutory number.

DEFINITION

The definition of 'common source of supply' was clarified to specify that areas underlain by separate geological accumulations of brine are considered distinct sources, preventing them from being merged into a single unit.

SCOPE

The legislative intent was updated to explicitly authorize the extraction and sale of constituent elements from produced water, reinforcing the bill's connection to existing water recycling laws.

TECHNICAL

A new section was added to formally codify the act as Section 526 of Title 17 of the Oklahoma Statutes.

TIMELINE

The document header was updated to reflect the Senate Floor Version with an effective date of April 16, 2026.

HB4338 (4-29-26) (GREEN) FS FA1.PDF → Floor (House) · 4 edits

MODERATE

The bill was updated from a 'Floor Substitute' version to a 'Committee Substitute' version, incorporating amendments made by the House Committee. These changes refine the legislative intent to promote brine development and clarify definitions, such as specifying which types of produced water are subject to the new act. The text also simplifies the summary of amendments to the Oklahoma Statutes, removing redundant phrases and streamlining the description of how the Corporation Commission will manage unitization and resource sharing.

Scope change

The scope of the bill remains focused on the Oklahoma Brine Development Act, but the applicability criteria were slightly clarified to explicitly exclude water already governed by the Oil and Gas Produced Water Recycling and Reuse Act unless it is intended for commercial extraction of constituent elements.

DEFINITION

The definition of 'Common source of supply' was revised to clarify that areas underlain by a common accumulation of brine constitute a single source, even if separated by geological strata, provided they appear connected by scientific data or drilling evidence.

The definition of 'Brine' was expanded to explicitly list specific chemical substances (e.g., bromine, lithium, boron) to clarify what constitutes the valuable elements in the water.

REQUIREMENT

The summary of statutory amendments was edited to remove redundant language and streamline the description of requirements regarding unitization applications, royalty rates, and emergency relief procedures.

SCOPE

The legislative intent section was updated to emphasize the reduction of brine disposal waste and the encouragement of recycling, reuse, and reclaiming of produced water from oil and gas operations.

House Committee Substitute → HB4338 (4-29-26) (GREEN) FS FA1.PDF · 4 edits

MODERATE

The bill was revised to reflect its status as a floor substitute and updated the summary of changes to include new provisions on liability limitations, effective dates, and codification. The scope of the bill was expanded to clarify that it applies to brine unitization applications filed after the effective date, while explicitly excluding water intended for commercial extraction under existing recycling laws.

Scope change

The bill's applicability is now explicitly limited to brine unitization applications filed on or after the act's effective date, and it clarifies that water intended for commercial element extraction is governed by different existing laws.

SCOPE

The bill summary was updated to include new sections on liability limitations, effective dates, and codification, replacing previous references to Commission findings.

New language clarifies that the act applies only to applications filed after the effective date and excludes water intended for commercial extraction under the Oil and Gas Produced Water Recycling and Reuse Act.

DEFINITION

The definition of 'Common source of supply' was updated to explicitly include 'Brine common source of supply' and clarify that multiple common sources can exist within a single unit.

REQUIREMENT

The summary of changes now includes requirements for filing applications within specific timeframes and authorizing emergency relief for proposed operators.

Proposed Policy Committee Substitute 1 → House Committee Substitute · 3 edits

MINOR

The bill was significantly revised to add three new sponsors (Newton, Bashore, and Green) and expanded the definition of 'brine' to include specific valuable minerals like lithium, boron, and iodine. This change broadens the scope of the Oklahoma Brine Development Act to explicitly cover the extraction and sale of these constituent elements, ensuring they fall under the bill's regulatory framework.

Scope change

The bill's scope expanded from general brine management to specifically include the commercial extraction and sale of valuable chemical elements found within produced water.

ELIGIBILITY

Added three new bill sponsors: Newton, Bashore, and Green.

DEFINITION

Expanded the definition of 'brine' to explicitly list lithium, boron, chlorine, iodine, calcium, strontium, sodium, sulphur, and barium as extractable constituent elements.

REQUIREMENT

Clarified that brine produced with oil or gas is only considered 'brine' under this act if it is saved or sold specifically to extract these valuable chemical substances.

Enrolled (final version) → Proposed Policy Committee Substitute 1 · 3 edits

MINOR

The bill was completely rewritten by the Policy Committee, replacing the original text with a new version that simplifies the legislative intent and clarifies definitions. The new version removes redundant phrasing, corrects grammatical errors, and explicitly defines 'common source of supply' to ensure clarity on how brine units are formed.

Scope change

The scope remains focused on the Oklahoma Brine Development Act, but the applicability of the definition for 'common source of supply' was tightened to exclude areas separated by distinct geological strata, ensuring units are formed based on actual geological connections rather than arbitrary groupings.

DEFINITION

The definition of 'common source of supply' was revised to explicitly state that if an area contains multiple brine accumulations separated by earth strata, they are treated as separate sources, preventing the grouping of distinct geological layers into a single unit.

Redundant and confusing phrasing such as 'shall include that means' was removed to improve legal clarity and readability.

TECHNICAL

The bill text was replaced entirely with a cleaner, more concise version that retains the original policy goals but improves the statutory language.

Engrossed → Enrolled (final version) · 3 edits · May 12, 2026

MINOR

The bill was finalized and slightly expanded to clarify the definition of 'common source of supply' for brine, ensuring it does not conflict with existing water recycling laws. The text was cleaned up to remove redundant phrases and improve readability while maintaining the original legislative intent.

Scope change

The bill's scope remains the same, but the definition of 'common source of supply' was modified to explicitly exclude the standard water recycling definition, preventing legal confusion.

DEFINITION

Added a specific clause to the definition of 'common source of supply' to clarify that it does not include the definition found in the Oil and Gas Produced Water and Waste Recycling and Reuse Act.

TECHNICAL

Removed redundant phrasing such as 'means means' and 'that means' throughout the document to improve clarity and professional formatting.

Updated the header from 'Engrossed' to 'Enrolled' to reflect the bill's final status before becoming law.

Amended And Engrossed → Engrossed · 3 edits · May 5, 2026

MINOR

The bill text was reformatted to remove redundant Senate amendment headers and consolidate the legislative history into a single, clean version. The substantive policy content, including the definitions of terms and the scope of the Oklahoma Brine Development Act, remains unchanged.

Scope change

No change in the scope or applicability of the bill; the text now presents the final House version without the previous Senate amendment overlay.

TECHNICAL

Removed redundant 'Engrossed Senate Amendment' headers and page markers that were part of the amendment process but not part of the final bill text.

Reorganized the layout to display the bill as a single continuous document rather than showing the layering of Senate amendments over the House bill.

Added a clean, final version of the bill text that includes all provisions without the visual clutter of amendment strike-throughs and insertion markers.

Introduced → Amended And Engrossed · 4 edits · May 5, 2026

MODERATE

The bill was amended to significantly expand its scope to include 'produced water' alongside brine and solution gas, explicitly encouraging the reuse and recycling of this water to reduce disposal. The amendment clarifies that the act applies to water intended for commercial extraction of elements, while excluding water already regulated under existing oil and gas recycling laws. Additionally, the bill was reorganized to update statutory references and modify definitions to align with the broader inclusion of produced water.

Scope change

The bill's scope was expanded from solely regulating brine and solution gas to also include produced water, provided it is intended for commercial extraction of constituent elements. It clarifies that water already subject to the Oil and Gas Produced Water and Waste Recycling and Reuse Act is exempt unless processed for commercial element extraction.

SCOPE

Expanded the bill's jurisdiction to include produced water in addition to brine and solution gas.

DEFINITION

Updated definitions to explicitly include produced water and clarify its relationship to existing recycling laws.

REQUIREMENT

Added a specific finding that the Legislature finds it necessary to reduce the disposal of brine water and encourage its reuse and recycling.

ELIGIBILITY

Clarified that the act applies to produced water only if it is intended for commercial extraction and sale of constituent elements.

Oklahoma Brine Development Act; modifications; modifying definitions; defining terms; Corporation Commission; emergency.

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