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SENATE FLOOR VERSION
March 25, 2021
AS AMENDED
ENGROSSED HOUSE
BILL NO. 2779 By: Pfeiffer of the House
and
Leewright of the Senate
[ rural electric cooperative easements - providing
for use of certain easements for broadband service -
authorizing Approved Broadband Providers to use r ural
electric cooperative Above Ground Easements for
certain purposes - effective date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new se ction of law to be codified
in the Oklahoma Statutes as Section 437.31 of Title 18, unless there
is created a duplication in numbering, reads as follows:
As used in this act:
1. "Approved Broadband Provider" shall mean a Broadband
Provider with a current pole attachment agreement with the rural
electric cooperative to which it is attaching; and
2. "Above Ground Easement" shall mean the ability to attach to
the above ground infrastructure of a rural electric cooperative .
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SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 437.32 of Title 18, unless there
is created a duplication in numbering, reads as follows:
A. Any easement owned, held, or otherwise used by a rural
electric cooperative for t he purpose of electric services may also
be used by the cooperative or its wholly owned subsidiary or other
broadband provider, for the purpose of supplying high -speed
broadband service.
B. Notwithstanding the provisions of Section 2023 of Title 12
of the Oklahoma Statutes, a class action may not be maintained
against a rural electric cooperative or its broadband subsidiary in
a suit in trespass or inverse condemnation based on a claim of
expanded use of an easement where the broadband facilities are
located on an easement owned, held or used by a rural electri c
cooperative. In a suit in trespass or inverse condemnation against
a rural electric cooperative or its broadband subsidiary, based on a
claim of expanded use of an easement, any trespass found to e xist
shall be deemed permanent and the actual damages aw arded shall be
the fair market value which, notwithstanding any other provision of
law, shall always be greater than zero but shall not exceed the
difference between the fair market value of the prope rty owner's
entire property immediately before the takin g and the fair market
value of the property owner's property immediately after the taking.
In such a suit, evidence of revenues or profits derived, or the
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rental value of use of the attached broadban d facilities, shall not
be admissible in determining fai r market value. A property owner's
actual damages shall be fixed at the time of the initial trespass
and shall not be deemed to continue, accumulate or accrue. Upon
payment of damages, the rural ele ctric cooperative and/or its wholly
owned broadband subs idiary and/or other broadband provider shall be
granted a permanent easement for the trespass or condemnation that
was the subject of the claim.
C. An Approved Broadband Provider with a current pole
attachment agreement with the electric cooperative to wh ich it is
attaching may use the cooperative 's Above Ground Easement for the
purpose of providing high speed broadband service. Any pole
attachments made pursuant to this s ection shall be at least fou rteen
(14) feet above roadway or driveway. Notwithstanding the provisions
of Section 2023 of Title 12 of the Oklahoma Statutes, a class action
may not be maintained agains t an Approved Broadband Provider or the
rural electric cooperative in a suit in tres pass or inverse
condemnation based on a claim of expanded use of an easement where
the broadband facilities are located on above ground infrastructure
owned, held or used b y a rural electric cooperative. In a suit in
trespass or inverse condemnation again st an Approved Broadband
Provider or the rural electric cooperative, based on a claim of
expanded use of an Above Ground Easement by the cooperative or the
Approved Broadband Provider, any trespass found to exist shall be
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deemed permanent and the actual da mages awarded shall be the fair
market value which, notwithstanding any other provision of law,
shall always be greater than zero but shall not exceed the
difference between the fair market value of the property owner's
entire property immediately before t he taking and the fair market
value of the property owner's property immediately after the taking.
In such a suit, evidence of revenues or profits derived, or the
rental value of use of the attached broadband facilities, shall not
be admissible in determ ining fair market value. A property owner's
actual damages shall be fixed at the time of the initial trespass
and shall not be deemed to continue, accumulate or accrue. U pon
payment of damages, the Approved Broadband Provider and the electric
cooperative shall be granted a permanent easement for the trespass
or condemnation that was the subject of the claim.
SECTION 3. NEW LAW A new section of law t o be codified
in the Oklahoma Statutes as Section 437.33 of Title 18, unless there
is created a duplication in numbering, reads as follows:
The Oklahoma Legislature finds that rural electric cooperatives
and/or their subsidiaries should be permitted to use existing
utility easements owned, held or used by rural electric cooperatives
to provide or expand access to broadband services. Consequently,
the installation and operation of broadband services within their
electric easement are merely changes in the m anner or degree of the
granted use as appropriate to accommodate a new technology an d,
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absent any applicable express prohibition contained in the
instrument conveying or granting the electric easement, shall be
deemed as a matter of law to be a permitted u se within the scope of
every electric cooperative easement. Subject to compliance w ith any
express prohibitions in an electric cooperative easement, and in
compliance with this act, the rural electric cooperative and/or an
Approved Broadband Provider may use the electric easement to
install, maintain, lease and operate broadband services . Provided,
however, that any rural electric cooperative owning an electric
easement may assess fees and charges and impose reasonable
conditions on the use of its facilit ies within such electric
easement for the purpose of providing or supporting broadba nd
services.
SECTION 4. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON ENERGY
March 25, 2021 - DO PASS AS AMENDED