Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB1529 Compare Versions

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4-An Act
5-ENROLLED SENATE
29+HOUSE OF REPRESENTATIVES - FLOOR VERSION
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31+STATE OF OKLAHOMA
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33+2nd Session of the 58th Legislature (2022)
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35+ENGROSSED SENATE
636 BILL NO. 1529 By: Leewright of the Senate
737
838 and
939
1040 Dobrinski of the House
1141
1242
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1545 An Act relating to the Oklahoma Municipal Powe r
1646 Authority Act; amending 11 O.S. 202 1, Section 24-104,
1747 which relates to members; removing certain time
1848 restraint; updating statutory language; amending 11
1949 O.S. 2021, Section 24 -105, which relates to
2050 definitions; modifying definitions; amending 11 O.S.
2151 2021, Section 24-107, which relates to powers,
2252 rights, and privileges of Authority; updating
2353 statutory language; removing certain entities to
2454 which the Authority may not sell output; removing
2555 requirement that the Authority be sub ject to the
2656 Competitive Bidding Act; amending 11 O.S. 2021,
2757 Section 24-116, which relates to meetings and
2858 records; updating statutory reference; amending 11
2959 O.S. 2021, Section 24 -117, which relates to
3060 construction; modifying certain construction;
3161 repealing 11 O.S. 2021, Section 24-105.1, which
3262 relates to joint interest in electric gen eration
3363 project; repealing 11 O.S. 2021, Section 24 -114,
3464 which relates to acquisition and construction
3565 contracts; repealing 11 O.S. 2021, Section 24 -120,
3666 which relates to personnel to be included in
3767 unclassified service; updating statutory references;
3868 and providing an effective date.
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42-SUBJECT: Oklahoma Municipal Power Authority
4372
4473 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
4574
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47-ENR. S. B. NO. 1529 Page 2
48101 SECTION 1. AMENDATORY 11 O.S. 2021, Section 24-104, is
49102 amended to read as follows:
50-
51103 Section 24-104. (a) (i) A. 1. Election Committee. The
52104 Oklahoma Municipal Po wer Authority shall be governed by a Board of
53105 Directors consisting of se ven members or such greater number, but in
54106 no event more than eleven members, as provide d in the bylaws of the
55107 Authority as in effect from time to t ime. Members of the Board of
56108 Directors of the Authority shall be eligible to succeed themselves
57109 and shall be elected by the election committee as hereinafter
58110 provided in this section. On or befo re the 90th day following the
59111 effective date of this act June 2, 1981, each of those eligible
60112 public agencies whic h shall have, prior to such 90th day, by proper
61113 resolution of its governing body or its public trust, declared its
62114 intention to participate, or to have any public trust operatin g its
63115 electric system participate, with the Authority in the development
64116 of power supply resources, shall designate one person as its
65117 representative on the election committee. All such resolutions of
66118 declaration of intention to parti cipate with the Author ity shall be
67119 filed with the Secretary of State and shall be presented to the
68120 election committee at its first meeting which shall be held in the
69121 office of the Municipal Electric Systems of Oklahoma at 11:00 a.m.
70122 on the first Tuesday fo llowing such 90th day. At such meeting the
71123 election committee shall organize and elect a chairman an d such
72124 other officers as may be desirable in the determination of t he
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73152 election committee. The election committee shall then determine the
74153 sufficiency of the resolutions present ed to it.
75-
76154 (ii) 2. Election Committee Voting. For purposes of voting upon
77155 any matter which may properly come before the election committee,
78156 each representative shall have one vote unless otherwise provided in
79157 the bylaws of the Authority as in effect from time to time. The
80158 presence at any meeting of the election committee of represe ntatives
81159 entitled to cast a majority of the total votes to which th e election
82160 committee shall be entitled shall, unless otherwise provided in the
83161 bylaws of the Authority as in effect from time to time, constitute a
84162 quorum of the election committee.
85-
86163 (iii)
87-
88164 3. Bylaws of the Authority.
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92165 (A)
93-
94166 a. The bylaws of the Authority shal l be adopted by the
95167 election committee of the Authority by a majority vote
96168 of the election committ ee and may thereafter be
97169 amended at any time and from time to time in whole or
98170 in part by the election committee or by the Board of
99171 Directors by a majority of the total votes entitled to
100172 be cast at any properly called and constituted meeting
101173 thereof,; provided, however, that any such amend ment
102174 shall not violate the provisions of Section 19 hereof
103175 24-119 of this title.
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105203 (B)
106-
107204 b. The bylaws of the Authority shall provide the
108205 following:
109-
110206 (1) the time, place, manner of calling, notice,
111207 quorum and voting provisions, and other
112208 procedural rules for regular and special meetings
113209 of the election committee of the Authority;,
114-
115210 (2) the time, place, manner of calling, noti ce,
116211 quorum and voting provisio ns, and other
117212 procedural rules for regular and special meetings
118213 of the Board of Director s of the Authority;,
119-
120214 (3) provisions for the number, election, term of
121215 office and removal of members of the Board of
122216 Directors and for fill ing vacancies on the Board
123217 of Directors;,
124-
125218 (4) the titles, duties and manner of election,
126219 removal and replacement of of ficers of the
127220 Authority;,
128-
129221 (5) provisions governing when the Authority may
130222 dissolve and the disposition of property of the
131223 Authority and the procedures to be followed in
132224 the event of such a dissolution ,; provided,
133225 however, that any such dissolution shall no t
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136253 violate the provisions of Section 19 hereof; 24-
137254 119 of this title, and
138-
139255 (6) such other rules for regulating the affairs of
140256 the Authority as the election committee or the
141257 Board of Directors may deem necessary or
142258 advisable.
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144259 (iv)
145-
146260 4. Board of Directors. The initial members of the B oard of
147261 Directors of the Authority sha ll be elected by the election
148262 committee of the Authority. Members of the Board of Directors of
149263 the Authority shall be residents of the State of Oklahoma this
150264 state. Members of the Board of Di rectors of the Authority may, but
151265 need not, be members of the election committee. Each member of the
152266 Board of Directors of the Authority shall hold office until the
153267 adjournment of the annual meeting of the Board of Directors held at,
154268 or nearest to, the ex piration of his the Director’s term of office
155269 as provided in the bylaws of the Authority and until his a successor
156270 is elected.
157-
158271 (b)
159-
160272 B. Additional Members of Election Committee. Each eligible
161273 public agency declaring its intention, by proper resolution of i ts
162274 governing body, to par ticipate, or to have any public trust
163275 operating its electric system participate, with the Authority in the
164276 development of power supply resources after the 90th day following
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165304 the effective date of this act shall promptly file such r esolution
166305 with the Secretary of State and give written notice to the Authority
167306 of the adoption of such resolution and shall then designate one
168307 person as an additional member of the election committee whose term
169308 shall begin with the first meeting of the ele ction committee which
170309 is held following the expiration of ten (10) days from the date of
171310 receipt of notice of the adoption of such resolution by th e
172311 Authority. Members of the election committee shall serve at the
173312 pleasure of the governing body of the elig ible public agency by
174313 which they were appointed.
175-
176314 SECTION 2. AMENDATORY 11 O.S. 2021, Section 24-105, is
177315 amended to read as follows:
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181316 Section 24-105. Definitions. As used in this act Section 24-
182317 101 et seq. of this title the following words shall have the
183318 following meanings unless the context clearly indicates otherwise:
184-
185319 (a) A. “Authority” shall mean the Oklahoma Municipal P ower
186320 Authority hereby created and any successor or successors thereto.
187321 Any change in name or composition of the Authority shall in no way
188322 affect the vested rights of any person under the provisions of this
189323 act Section 24-101 et seq. of this title or impair the obligations
190324 of any contracts existing under this act Section 24-101 et seq. of
191325 this title.
192-
193326 (b) B. “Board of Directors” shall mean the Board of Directors
194327 elected by the election committee as set forth in Section 4 24-104
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195355 of this act title which shall exercise all the powers and manage a nd
196356 control all the affairs and property of the Authority unless
197357 otherwise specifically provided herein or in the bylaws of the
198358 Authority as in effect from time to time.
199-
200359 (c) C. “Bonds” shall mean any revenue bon ds, notes or other
201360 evidences of obligations o f the Authority issued by the Authority
202361 under the provisions of this act, the Oklahoma Municipal Power
203362 Authority Act including, without limit ation, bond anticipation notes
204363 and refunding bonds.
205-
206364 (d) D. “Eligible public agency ” shall mean any municipality,
207365 authority or other public body which owns, m aintains or operates an
208366 electrical energy generation, transmission or distribution system
209367 within the State of Oklahom a on the date on which this act becomes
210368 law this state.
211-
212369 (e) E. “Person” shall mean (i) any natural person; (ii) any
213370 eligible public agency as defined herein; (iii) any public trust as
214371 defined herein; (iv) the United States, any state, any municipality,
215372 political subdivision, municipal corporation, unit of local
216373 government, governmen tal unit or public corporation created by or
217374 pursuant to the laws of the United States or any state, or any
218375 board, corporation or other entity or body declared by the laws of
219376 the United States or any state to be a department, agency or
220377 instrumentality ther eof; (v) any corporation, not for profit
221378 corporation, firm, partnership, cooperative association, electric
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224406 cooperative or business trust of any nature whatsoever organized and
225407 existing under the laws of the United States or any state; or (vi)
226408 any foreign country, any political subdivision or governmental unit
227409 of any foreign country or any corporation, not for profit
228410 corporation, firm, partnership, cooperative association, elect ric
229411 cooperative or business trust of any nature whatsoever organized and
230412 existing under the laws of any foreign country or of any political
231413 subdivision or governmental entity thereof.
232-
233414 (f) F. “Project” shall mean any plant, works, system,
234415 facilities and real and personal property of any nature whatsoever,
235416 together with all parts thereof a nd appurtenances thereto, located
236417 within or without the State of Oklahoma this state, used or useful
237418 in the generation, production, transmission, purchase, sale,
238419 exchange or interchange of electrical energy and in the acquisition,
239420 extraction, processing, transportati on or storage or of fuel of any
240421 kind for any such purposes or any interest in, or right to the use,
241422 services, output or capacity, of any such plant, works, system or
242423 facilities; provided, however, a project shall not include (i) any
243424 interest in any plant f or the generation of electrical energy which
244425 is to be owned jointly with any investor-owned utility if such plant
245426 is not existing on May 10, 1981, or (ii) any inte rest in any nuclear
246427 powered generating plant. For purposes of this definition, a plant
247428 shall be considered to be existing if construction shall have been
248429 commenced at the plant site, if orders have been placed for major
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249457 components of equipment or if the p lant is to consist of an
250458 additional unit at the site of an already existing unit which will
251459 use in common any of the existing facilities at such site.
252-
253460 (g) G. “Public trust” shall mean any public trust created and
254461 existing under the provisions of the Trust s for Furtherance of
255462 Public Functions Law, as provided by Sections Section 176 et seq. of
256463 Title 60 of the Oklahoma Statutes, and the Oklahoma Trust Act, as
257464 provided by Sections 175 Section 175.1 et seq. of Title 60 of the
258465 Oklahoma Statutes, which has as it s beneficiary a municipality and
259466 which owns, maintains or operates an electrical energy generation,
260467 transmission or distribution system serving the residents and
261468 consumers of such municipality and existing on the date on which
262469 this act becomes law or creat ed hereafter with an eligible public
263470 agency as the beneficiary.
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267471 SECTION 3. AMENDATORY 11 O.S. 2021, Section 24-107, is
268472 amended to read as follows:
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270473 Section 24-107. (a) A. The Authority shall have and is hereby
271474 authorized to exercise all powers, rights and privileges enumerated
272475 in this section. Such powers, rights and privileges shall be
273476 exercised by its Board of Directors unless oth erwise specifically
274477 provided herein or by the bylaws of the Authority as in effect from
275478 time to time.
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277479 (b) B. The Authority may plan, finance, acquire, construct,
278480 reconstruct, own, lease, operate, maintain, repair, i mprove, extend
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279508 or otherwise participate, individually or jointly with other
280509 persons, in one or more projects, proposed, existing or under
281510 construction, and may act as agent, or designate one or more
282511 persons, whether or not participating in a project, to ac t as its
283512 agent, in connection with the planning, financing, acquisition,
284513 construction, reconstruction, ownership, lease, operation,
285514 maintenance, repair, extension or improvement of the project.
286-
287515 (c) C. The Authority may investigate the desirability of and
288516 necessity for additional sources and supplies of electrical energy
289517 and fuel and other supplies of any kind for such purpose, and make
290518 studies, surveys and estimates as may be necessary to determine the
291519 feasibility and cost thereof.
292-
293520 (d) D. The Authority may cooperate with other persons in the
294521 development of sources and supplies of electrical energy and fuel
295522 and other supplies of any kind for such purposes, and give
296523 assistance with personnel and equipment in any project.
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298524 (e) E. The Authority may apply to an y person for consents,
299525 authorizations or approvals required for any project within its
300526 powers and take all actions necessary to comply with the conditions
301527 thereof.
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303528 (f) F. The Authority may perform any act authorized by this act
304529 the Oklahoma Municipal Power Authority Act through, or by means of,
305530 its officers, agents or employees or by contract with any person,
306531 including, without limitation, t he employment of engineers,
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307559 architects, attorneys, appraisers, financial advisors and such oth er
308560 consultants and employees as may be required in the judgment of the
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311561 Board of Directors, and fix and pay their compensation from funds
312562 available to the Authorit y therefor.
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314563 (g) G. The Authority may acquire, hold, use and dispose of
315564 income, revenues, fund s and money.
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317565 (h) H. The Authority may, individually or jointly wi th other
318566 persons, acquire, own, hire, use, operate and dispose of personal
319567 property and any inte rest therein.
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321568 (i) I. The Authority may, individually or jointly with other
322569 persons, acquire, own, use, lease as l essor or lessee, operate and
323570 dispose of real property and interests in real property, including
324571 projects existing, proposed or under construct ion, and make
325572 improvements thereon.
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327573 (j) J. The Authority may grant the use by franchise, leas e or
328574 otherwise and make charges for the use of any property or fac ility
329575 owned or controlled by it.
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331576 (k) K. The Authority may borrow money and issue negotiable
332577 bonds, secured or unsecured, in accordance with this act Section 24-
333578 101 et seq. of this title , and may enter into interest rate swaps
334579 and other derivative produ cts, and other financial instruments
335580 intended to hedge interest rate risk or man age interest rate costs,
336581 including any option to enter into or terminate any of them, that
337582 the Authority deems to be necessary or desirable in connect ion with
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338610 any bonds issued prior to, at the same time as, or af ter entering
339611 into such arrangement, and cont aining such terms and provisions, and
340612 may be with such parties, as determ ined by the Authority. Provided,
341613 any action taken by the Authority pursuant to this subsection must
342614 first be approved by the Office of the State Bond Advisor Deputy
343615 Treasurer for Debt Management and the Council of Bond Oversight
344616 pursuant to the provisions of the Oklahoma Bond Oversight and Reform
345617 Act.
346-
347618 (l) L. The Authority may inv est money of the Authority no t
348619 required for immediate use , including proceeds from the sale of any
349620 bonds.
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351621 (m) M. The Authority may exercise the power of eminent domain
352622 in accordance with the provisions of Section 24-110 of this title.
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356623 (n) N. The Authority may determine the location and ch aracter
357624 of, and all other matters in connection with, any and all proje cts
358625 it is authorized to acquire, hold, establish, effectuate, operate or
359626 control.
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361627 (o) O. The Authority may contract with any person for the
362628 planning, development, construction, operation , sale or lease as
363629 lessor or lessee of any project or for any interes t therein, on such
364630 terms and for such period of time as i ts Board of Directors shall
365631 determine.
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367632 (p) P. The Authority may contract with any eligible p ublic
368633 agency, any public trust, or an y other person for the sa le of power
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369661 and energy, transmission service s, power supply development services
370662 or other services withi n or without the State of Oklahoma this state
371663 on such terms and conditions as the Board of Directors shall
372664 approve. Any such c ontract may be for the sale of output and
373665 services of a particular pr oject or may be for output and services
374666 generally without regard to a s pecific project and may be for the
375667 supply of a specific quantity of output or a percentage of the
376668 output of a specific project or other specific facility or may be
377669 based on the requirem ents of the purchaser or may be on such other
378670 terms and conditions as t he Board of Directors deems appropriate.
379-
380671 (q) Q. The Authority may enter into any contract or agreement
381672 necessary, appropriate or incidental to the effectuation of its
382673 lawful purposes and the exercise of the powers granted by this act,
383674 the Oklahoma Municipal Power Authority Act including, without
384675 limitation, contracts or agreements for the purchase, sale,
385676 exchange, interchange, wheeling, pooling, transmission or storage of
386677 electric power and energy, and fuel and other supplies of any kind
387678 for any such purposes, within and without the State of Oklahoma this
388679 state, in such amounts as it shall determine to be necessary and
389680 appropriate to make the m ost effective use of its powers and to meet
390681 its responsibilities, on such terms and for such period of time as
391682 the Board of Directors determines, and derivative or other
392683 instruments intended to hedge fuel cost risk associated with any
393684 projects or power pur chases or supply arrangements of the Authority,
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394712 or to hedge fixed or variable interest rate exposure associated with
395713 permitted investments, including any option to enter in to or
396714 terminate any of them, that the Authority deems to be necessary or
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399715 desirable, and containing such terms and provisions, and m ay be with
400716 such parties, as determined by the Authority.
401-
402717 (r) R. In any case in which the Authority participates in a
403718 project as a joint owner with one or more persons, the Authority m ay
404719 enter into an agreemen t or agreements with respect to such project
405720 with the other person or persons participating therein, and any such
406721 agreement may contain such terms, conditions and provisions
407722 consistent with the provisions of the act as the parties thereto
408723 shall deem to be in their best interest. Any such agreement may
409724 include, but need not be limited to, provisions defining what
410725 constitutes a default thereunder and providing for the rights and
411726 remedies of the parties thereto upon the occurrence of such a
412727 default deemed appropriate by the Board of Directors including, t o
413728 the extent deemed appropriate, the acquisition by nondefaulting
414729 parties of all or any part of the defaulting party ’s interest;
415730 provisions setting forth such restraints on alienation of the
416731 interests of the parties in the project as the Board of Directors
417732 deems appropriate; provisions for the construction, operation and
418733 maintenance of such electric generation or transmission facil ity by
419734 any one or more of the parties to such agreement which party or
420735 parties shall be designated in or pursuant to such agreem ent as
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421763 agent or parties thereto or by such other means as may be determined
422764 by the parties thereto; and provisions for a method or methods of
423765 determining and allocating, among or betwe en the parties, costs of
424766 construction, operation, maintenance, renewals, replacements,
425767 improvements and disposals with respect to such project. In
426768 exercising its power to participate in a project as a joint owner
427769 with one or more persons, the Authority ma y not loan its credit to
428770 any person which is a joint owner of such proje ct; provided,
429771 however, the appropriate allocations of the costs of construction,
430772 operation, maintenance, renewals, replacements, improvements and
431773 disposals with respect to such project between the Authority an d
432774 such persons shall not be a loan of credit by the Authority to such
433775 persons. In carrying out its functions and activities as such agent
434776 with respect to construction, operat ion and maintenance of a
435777 project, such agent shall be go verned by the laws and re gulations
436778 applicable to such agent as a separat e legal entity and not by any
437779 laws or regulations which may be applicable to any of the other
438780 participating parties. Notwithsta nding anything contained in any
439781 other law to the contrar y, pursuant to the terms of any such
440782 agreement, the Authority may delega te its powers and duties with
441-
442-ENR. S. B. NO. 1529 Page 11
443783 respect to the construction, operation and maintenance of such
444784 project to the person acting as age nt; and all actions taken by such
445785 agent in accordance wi th the provisions of such agreement may be
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446813 made binding upon the Authori ty without further action or approval
447814 by the Authority.
448-
449815 (s) S. The Authority may procure insurance against any losses
450816 in connection with its property, operations or assets in such
451817 amounts and from such insure rs as it deems desirable, or may self -
452818 insure against such losses.
453-
454819 (t) T. The Authority may contract for and accept any gifts,
455820 grants or loans of funds or property or financial or o ther aid in
456821 any form from any person, and may comp ly, subject to the provis ions
457822 of this act the Oklahoma Municipal Power Authority Act, with the
458823 terms and conditions thereof.
459-
460824 (u) U. The Authority may adopt a corporate seal and may sue or
461825 be sued.
462-
463826 (v) V. The Authority may exercise all other powers not
464827 inconsistent with the Oklahoma Constitution of the State of Oklahoma
465828 or the United States Constitution, which powers may be reasonably
466829 necessary or appropriate for or incidental to effectuate its
467830 authorized purposes or to the ex ercise of any of the powers
468831 enumerated in this act the Oklahoma Municipal Power Authority Act.
469-
470832 (w) W. Notwithstanding any other provision herein seemingly to
471833 the contrary, the Authority may not sell output (i) at retail to the
472834 ultimate consumers thereof, or (ii) to any municipality wh ich does
473835 not qualify as an eligible public agency under t he definition set
474836 forth in subsection (d) of Section 24-105 of this title, or (iii) to
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475864 any trust created and existing under the provisions of the Local
476865 Industrial Development Act, as provided by Sect ions 651 et seq. of
477866 Title 62 of the Oklahoma Statutes, or the Trusts for Furtherance of
478867 Public Functions Law, as provided by S ections 176 et seq. of Title
479868 60 of the Oklahoma Statutes, which does not qualify as a public
480869 trust under the definition set forth in subsection (g) of Section
481870 24-105 of this title own an electrical energy distribution system.
482-
483871 SECTION 4. AMENDATORY 11 O.S. 2021, Section 24-116, is
484872 amended to read as follo ws:
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487-
488873 Section 24-116. Meetings and Records. All meetings of the
489874 Authority shall be subject to the provisions of the Ok lahoma Open
490875 Meeting Act, as provided by Sections Section 301 et seq. of Title 2 5
491876 of the Oklahoma Statutes. All records of the Auth ority shall be
492877 subject to the provisions of Section 24 of the Oklahoma Open Records
493878 Act, as provided by Section 24A.1 et seq. of Title 51 of the
494879 Oklahoma Statutes.
495-
496880 SECTION 5. AMENDATORY 11 O.S. 2021, Section 24-117, is
497881 amended to read as follows:
498-
499882 Section 24-117. Construction. This act Section 24-101 et seq.
500883 of this title and all the terms and provisions hereof shall be
501884 liberally construed to effectuate the purposes set forth herein;
502885 provided, however, nothing in this act the Oklahoma Municipal Power
503886 Authority Act shall be construed to autho rize the Authority to loa n
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504914 its credit to any investor-owned utility nor to acquire or subsidize
505915 any nuclear powered generating plant .
506-
507916 SECTION 6. REPEALER 11 O.S. 2021, Section 24-105.1, is
508917 hereby repealed.
509-
510918 SECTION 7. REPEALER 11 O.S. 2021, Section 24-114, is
511919 hereby repealed.
512-
513920 SECTION 8. REPEALER 11 O.S. 2021, Section 24-120, is
514921 hereby repealed.
515-
516922 SECTION 9. This act shall become effective November 1, 2022.
517923
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520-Passed the Senate the 9th day of March, 2022.
521-
522-
523-
524- Presiding Officer of the Senate
525-
526-
527-Passed the House of Representatives the 20th day of April, 2022.
528-
529-
530-
531- Presiding Officer of the House
532- of Representatives
533-
534-OFFICE OF THE GOVERNOR
535-Received by the Office of the Governor this ____________________
536-day of _________________ __, 20_______, at _______ o'clock _______ M.
537-By: _______________________________ __
538-Approved by the Governor of the State of Oklahoma this _____ ____
539-day of _________________ __, 20_______, at _______ o'clock ___ ____ M.
540-
541- _________________________________
542- Governor of the State of Oklahoma
543-
544-
545-OFFICE OF THE SECRETARY OF STATE
546-Received by the Office of the Secretary of State this _______ ___
547-day of __________________, 20 _______, at _______ o'clock _______ M.
548-By: _______________________________ __
924+COMMITTEE REPORT BY: COMMITTEE ON ENERGY AND NATURAL RESOURCES,
925+dated 04/07/2022 - DO PASS.