2023 Oklahoma Statutes
Title 62. Public Finance
§62-255.1. XXX.
A. Pursuant to the American Rescue Plan Act of 2021 (ARPA), Public Law 117-2, the State of Oklahoma is the recipient of the federal ARPA funds drawn down by the Office of Management and Enterprise Services (OMES). The Oklahoma Legislature shall not be considered a subrecipient of the ARPA funds. The Office of Management and Enterprise Services shall be the responsible entity for any claw back penalties, legal, or other recoupment costs for the state.
B. 1. The Legislature authorizes the Office of Management and Enterprise Services to manage federal APRA funds by requiring all receiving entities known as subrecipients to sign a grant agreement. Any entity, without exception, including state agencies receiving an appropriation from the Statewide Recovery Fund or a similar fund with federal requirement attached to its use shall have a fully executed grant agreement in place within sixty (60) days after enactment of any legislation that appropriates funding from the Statewide Recovery Fund of the State Treasury created in Section 1, Chapter 319, O.S.L. 2022, and be in compliance with such agreement before a disbursement can be made. The mutually agreed upon grant agreement, as reviewed and approved by the subrecipient's legal counsel or advisor, shall be between the Office of Management and Enterprise Services and the subrecipient. The grant agreement shall be standard for all receiving entities and shall be executed by an executive officer of the Office of Management and Enterprise Services and the subrecipient. The grant agreement shall outline the disbursement schedule, the subrecipient's efforts for compliance with the federal requirements for the use of the funds, including auditing, reporting, further disbursement, and cash management procedures as well as compliance with the Oklahoma laws governing the administration of the subrecipient. The requirements of this subsection shall also apply when a receiving entity has been designated as both a pass-through entity and a subrecipient.
2. The Office of Management and Enterprise Services shall publish a weekly report, to the Chairs of the Joint Committee on Pandemic Relief Funding and make available to the public on the state's website, of the status of all grant agreements, until such agreements are fully executed.
C. The Office of Management and Enterprise Services shall provide to Chairs of the Joint Committee on Pandemic Relief Funding and make available to the public on the state's website, a quarterly report of all expenditures of ARPA funds. The quarterly report shall include, but not be limited to, any impediments to distribution and corrective action necessary.
Added by Laws 2022, 2nd Ex. Sess., c. 14, § 1, emerg. eff. Oct. 5, 2022.
