Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB1091 Compare Versions

Version 1 (Old)

Version 2 (New)

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4		-	An Act
5		-	ENROLLED SENATE
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	2nd Session of the 58th Legislature (2022)
	34	+
	35	+	ENGROSSED SENATE
6	36		BILL NO. 1091 By: Thompson and Hall of the
7	37		Senate
8	38
9	39		and
10	40
11	41		Wallace and Martinez of the
12	42		House
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17	47		An Act relating to municipal utilities; defining
18	48		terms; creating the February 2021 Winter Storm Grant
19	49		Revolving Fund; providing for sources of revenue;
20	50		stating purpose of fund; establishing procedures for
21	51		expenditures from fund; requiring t he Oklahoma
22	52		Department of Agriculture, Food, a nd Forestry to
23	53		create grant program; providing eligibility
24	54		requirements; requiring promulgation of ru les;
25	55		requiring the Department to provide certain report;
26	56		providing for codification; and declaring an
27	57		emergency.
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31		-	SUBJECT: Winter storm grant program
32		-
33	61		BE IT ENACTED BY THE PEOPLE O F THE STATE OF OKLAHOMA:
34		-
35	62		SECTION 1. NEW LAW A new section of law to be codified
36	63		in the Oklahoma Statutes as Section 11-11 of Title 2, unless there
37	64		is created a duplication in numbering, reads as follows:
38		-
39	65		As used in this act:
40		-
41	66		1. "Extraordinary costs" means costs incurred by an
42	67		incorporated municipality 's unregulated utility related t o the
43	68		extreme weather that occurred beginning February 7, 2021, and ending
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44	96		February 21, 2021, including but not limited to fuel -related storage
45	97		and associated costs, emergency compressed or liquified natural gas
46	98		supplies, contracts for services providing a dditional pressurization
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48		-	ENR. S. B. NO. 1091 Page 2
49	99		on lines and transportation pipeline penalties. Extraordinary costs
50	100		shall not include extreme purchase costs, as defined in thi s
51	101		section;
52		-
53	102		2. "Extreme purchase costs " means expenses incurred for the
54	103		purchase of fuel, purchased pow er, natural gas commodity, or any
55	104		combination thereof, whether at spot pricing, index pricing , or
56	105		otherwise with delivery beginning February 7, 2021, and ending
57	106		February 21, 2021;
58		-
59	107		3. "Utility" shall mean any person or entity doing business in
60	108		this state that furnishes natural gas or electric current to its
61	109		customers located at an address within this st ate and within the
62	110		service area of the utility; and
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64	111		4. "Unregulated utility" shall mean any utility, as defined in
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66	112		this section, which is not subject to the regulatory jurisdiction of
67	113		the Corporation Commission with respect to its rates, charges, and
68	114		terms and conditions of service.
69		-
70	115		SECTION 2. NEW LAW A new section of law to be codified
71	116		in the Oklahoma Statutes as Section 11-12 of Title 2, unless there
72	117		is created a duplication in numbering, reads as follows:
73		-
74	118		There is hereby created in the State Treasury a revolving fund
75	119		for the Oklahoma Department of Agriculture, Food, and Forest ry to be
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76	147		designated the "February 2021 Winter Storm Grant Revolving Fund".
77	148		The fund shall be a continuing fund, not subject to fiscal year
78	149		limitations, and shall consist of all monies received by the
79	150		Department in the form of appropriations, donations, or other monies
80	151		designated for deposit in the fund. All monies accruing to the
81	152		credit of the fund are hereby appropriated and may be budgeted and
82	153		expended by the Department for the purpose of providing grants to an
83	154		incorporated municipality as provided by this act. Expenditures
84	155		from the fund shall be made upon wa rrants issued by the State
85	156		Treasurer against claims filed as prescribed by law with the
86	157		Director of the Office of Management and Enterprise Servic es for
87	158		approval and payment.
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90		-	ENR. S. B. NO. 1091 Page 3
91	159		SECTION 3. NEW LAW A new section of law to be codified
92	160		in the Oklahoma Statutes as Section 11-13 of Title 2, unless there
93	161		is created a duplication in numbering, reads as follo ws:
94		-
95	162		A. The Oklahoma Departm ent of Agriculture, Food, and Forestry
96	163		shall develop a grant program for the purpose of providing grants to
97	164		incorporated municipalities to mitigate extreme purchase costs,
98	165		extraordinary costs, or both, incurred by the incorporate d
99	166		municipality's owned or controlled unregulated utility affected by
100	167		the extreme weather event that began February 7, 2021. To qualify
101	168		for a grant, the following requirements shall be met :
102	169
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103	196		1. The incorporated municipality must show proof of extreme
104	197		purchase costs, extraordinary co sts, or both incurred by the
105	198		incorporated municipality 's owned or controlled unregulated utility ;
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107	199		2. The population of the incorporated municipality shall be no
108	200		greater than three thousand five hundred (3,500) persons according
109	201		to the most recent Federal D ecennial Census or most recent annual
110	202		estimate of the population by the United States Census Bureau ; and
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112	203		3. The incorporated municipality's owned or controlled
113	204		unregulated utility has had no costs mitigated through
114	205		securitization as provided by Sections 9 070 through 9081 of Title 74
115	206		of the Oklahoma Statutes .
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117	207		B. The Department shall promulgate rules necessary fo r
118	208		determining the eligibility and priority of applicants for the
119	209		grants. In determining the priority of applicants, the D epartment
120	210		shall consider the implications of the extraordinary costs and
121	211		extreme purchase costs regarding the incorporated municipalit y's
122	212		solvency and the amount of the incorporated municipality 's
123	213		extraordinary costs and extreme purchase costs on a per cap ita
124	214		basis.
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126	215		C. On or before February 1, 2023, the Oklahoma Department of
127	216		Agriculture, Food, and Forestry shall provide a report to the
128	217		Governor, President Pro Tempore of the Senate, and the Speaker of
129	218		the House of Representatives that includes the list of
130	219		municipalities who applied for the grant, the amount requested by
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131	247		each municipality, municipalities that were awarded grants, the
132	248		amount of each grant awarded, and any other information the
133		-
134		-	ENR. S. B. NO. 1091 Page 4
135	249		Department determines to be necessary .
136		-
137	250		SECTION 4. It being immediately nece ssary for the preservation
138	251		of the public peace, health or safety, an emergency is hereby
139	252		declared to exist, by reason whereof this act shall take effect and
140	253		be in full force from and after its passage and approval.
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143		-	ENR. S. B. NO. 1091 Page 5
144		-	Passed the Senate the 18th day of May, 2022.
145		-
146		-
147		-
148		-	Presiding Officer of the Senate
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151		-	Passed the House of Represe ntatives the 20th day of May, 2022.
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154		-
155		-	Presiding Officer of the House
156		-	of Representatives
157		-
158		-	OFFICE OF THE GOVERNOR
159		-	Received by the Office of the Governor this _______ _____________
160		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
161		-	By: _______________________________ __
162		-	Approved by the Governor of the State of Oklahoma this _____ ____
163		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
164		-
165		-	_________________________________
166		-	Governor of the State of Oklahoma
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168		-
169		-	OFFICE OF THE SECRETARY OF STATE
170		-	Received by the Office of the Secretary of State this _______ ___
171		-	day of __________________, 20 _______, at _______ o'clock _______ M.
172		-	By: _______________________________ __
	255	+	DIRECT TO CALENDAR.