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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. 1529 By: Leewright of the Senate | |
7 | 37 | ||
8 | 38 | and | |
9 | 39 | ||
10 | 40 | Dobrinski of the House | |
11 | 41 | ||
12 | 42 | ||
13 | 43 | ||
14 | 44 | ||
15 | 45 | An Act relating to the Oklahoma Municipal Powe r | |
16 | 46 | Authority Act; amending 11 O.S. 202 1, Section 24-104, | |
17 | 47 | which relates to members; removing certain time | |
18 | 48 | restraint; updating statutory language; amending 11 | |
19 | 49 | O.S. 2021, Section 24 -105, which relates to | |
20 | 50 | definitions; modifying definitions; amending 11 O.S. | |
21 | 51 | 2021, Section 24-107, which relates to powers, | |
22 | 52 | rights, and privileges of Authority; updating | |
23 | 53 | statutory language; removing certain entities to | |
24 | 54 | which the Authority may not sell output; removing | |
25 | 55 | requirement that the Authority be sub ject to the | |
26 | 56 | Competitive Bidding Act; amending 11 O.S. 2021, | |
27 | 57 | Section 24-116, which relates to meetings and | |
28 | 58 | records; updating statutory reference; amending 11 | |
29 | 59 | O.S. 2021, Section 24 -117, which relates to | |
30 | 60 | construction; modifying certain construction; | |
31 | 61 | repealing 11 O.S. 2021, Section 24-105.1, which | |
32 | 62 | relates to joint interest in electric gen eration | |
33 | 63 | project; repealing 11 O.S. 2021, Section 24 -114, | |
34 | 64 | which relates to acquisition and construction | |
35 | 65 | contracts; repealing 11 O.S. 2021, Section 24 -120, | |
36 | 66 | which relates to personnel to be included in | |
37 | 67 | unclassified service; updating statutory references; | |
38 | 68 | and providing an effective date. | |
39 | 69 | ||
40 | 70 | ||
41 | 71 | ||
42 | - | SUBJECT: Oklahoma Municipal Power Authority | |
43 | 72 | ||
44 | 73 | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | |
45 | 74 | ||
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47 | - | ENR. S. B. NO. 1529 Page 2 | |
48 | 101 | SECTION 1. AMENDATORY 11 O.S. 2021, Section 24-104, is | |
49 | 102 | amended to read as follows: | |
50 | - | ||
51 | 103 | Section 24-104. (a) (i) A. 1. Election Committee. The | |
52 | 104 | Oklahoma Municipal Po wer Authority shall be governed by a Board of | |
53 | 105 | Directors consisting of se ven members or such greater number, but in | |
54 | 106 | no event more than eleven members, as provide d in the bylaws of the | |
55 | 107 | Authority as in effect from time to t ime. Members of the Board of | |
56 | 108 | Directors of the Authority shall be eligible to succeed themselves | |
57 | 109 | and shall be elected by the election committee as hereinafter | |
58 | 110 | provided in this section. On or befo re the 90th day following the | |
59 | 111 | effective date of this act June 2, 1981, each of those eligible | |
60 | 112 | public agencies whic h shall have, prior to such 90th day, by proper | |
61 | 113 | resolution of its governing body or its public trust, declared its | |
62 | 114 | intention to participate, or to have any public trust operatin g its | |
63 | 115 | electric system participate, with the Authority in the development | |
64 | 116 | of power supply resources, shall designate one person as its | |
65 | 117 | representative on the election committee. All such resolutions of | |
66 | 118 | declaration of intention to parti cipate with the Author ity shall be | |
67 | 119 | filed with the Secretary of State and shall be presented to the | |
68 | 120 | election committee at its first meeting which shall be held in the | |
69 | 121 | office of the Municipal Electric Systems of Oklahoma at 11:00 a.m. | |
70 | 122 | on the first Tuesday fo llowing such 90th day. At such meeting the | |
71 | 123 | election committee shall organize and elect a chairman an d such | |
72 | 124 | other officers as may be desirable in the determination of t he | |
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126 | + | SB1529 HFLR Page 3 | |
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73 | 152 | election committee. The election committee shall then determine the | |
74 | 153 | sufficiency of the resolutions present ed to it. | |
75 | - | ||
76 | 154 | (ii) 2. Election Committee Voting. For purposes of voting upon | |
77 | 155 | any matter which may properly come before the election committee, | |
78 | 156 | each representative shall have one vote unless otherwise provided in | |
79 | 157 | the bylaws of the Authority as in effect from time to time. The | |
80 | 158 | presence at any meeting of the election committee of represe ntatives | |
81 | 159 | entitled to cast a majority of the total votes to which th e election | |
82 | 160 | committee shall be entitled shall, unless otherwise provided in the | |
83 | 161 | bylaws of the Authority as in effect from time to time, constitute a | |
84 | 162 | quorum of the election committee. | |
85 | - | ||
86 | 163 | (iii) | |
87 | - | ||
88 | 164 | 3. Bylaws of the Authority. | |
89 | - | ||
90 | - | ||
91 | - | ENR. S. B. NO. 1529 Page 3 | |
92 | 165 | (A) | |
93 | - | ||
94 | 166 | a. The bylaws of the Authority shal l be adopted by the | |
95 | 167 | election committee of the Authority by a majority vote | |
96 | 168 | of the election committ ee and may thereafter be | |
97 | 169 | amended at any time and from time to time in whole or | |
98 | 170 | in part by the election committee or by the Board of | |
99 | 171 | Directors by a majority of the total votes entitled to | |
100 | 172 | be cast at any properly called and constituted meeting | |
101 | 173 | thereof,; provided, however, that any such amend ment | |
102 | 174 | shall not violate the provisions of Section 19 hereof | |
103 | 175 | 24-119 of this title. | |
104 | 176 | ||
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105 | 203 | (B) | |
106 | - | ||
107 | 204 | b. The bylaws of the Authority shall provide the | |
108 | 205 | following: | |
109 | - | ||
110 | 206 | (1) the time, place, manner of calling, notice, | |
111 | 207 | quorum and voting provisions, and other | |
112 | 208 | procedural rules for regular and special meetings | |
113 | 209 | of the election committee of the Authority;, | |
114 | - | ||
115 | 210 | (2) the time, place, manner of calling, noti ce, | |
116 | 211 | quorum and voting provisio ns, and other | |
117 | 212 | procedural rules for regular and special meetings | |
118 | 213 | of the Board of Director s of the Authority;, | |
119 | - | ||
120 | 214 | (3) provisions for the number, election, term of | |
121 | 215 | office and removal of members of the Board of | |
122 | 216 | Directors and for fill ing vacancies on the Board | |
123 | 217 | of Directors;, | |
124 | - | ||
125 | 218 | (4) the titles, duties and manner of election, | |
126 | 219 | removal and replacement of of ficers of the | |
127 | 220 | Authority;, | |
128 | - | ||
129 | 221 | (5) provisions governing when the Authority may | |
130 | 222 | dissolve and the disposition of property of the | |
131 | 223 | Authority and the procedures to be followed in | |
132 | 224 | the event of such a dissolution ,; provided, | |
133 | 225 | however, that any such dissolution shall no t | |
134 | 226 | ||
135 | - | ENR. S. B. NO. 1529 Page 4 | |
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136 | 253 | violate the provisions of Section 19 hereof; 24- | |
137 | 254 | 119 of this title, and | |
138 | - | ||
139 | 255 | (6) such other rules for regulating the affairs of | |
140 | 256 | the Authority as the election committee or the | |
141 | 257 | Board of Directors may deem necessary or | |
142 | 258 | advisable. | |
143 | - | ||
144 | 259 | (iv) | |
145 | - | ||
146 | 260 | 4. Board of Directors. The initial members of the B oard of | |
147 | 261 | Directors of the Authority sha ll be elected by the election | |
148 | 262 | committee of the Authority. Members of the Board of Directors of | |
149 | 263 | the Authority shall be residents of the State of Oklahoma this | |
150 | 264 | state. Members of the Board of Di rectors of the Authority may, but | |
151 | 265 | need not, be members of the election committee. Each member of the | |
152 | 266 | Board of Directors of the Authority shall hold office until the | |
153 | 267 | adjournment of the annual meeting of the Board of Directors held at, | |
154 | 268 | or nearest to, the ex piration of his the Director’s term of office | |
155 | 269 | as provided in the bylaws of the Authority and until his a successor | |
156 | 270 | is elected. | |
157 | - | ||
158 | 271 | (b) | |
159 | - | ||
160 | 272 | B. Additional Members of Election Committee. Each eligible | |
161 | 273 | public agency declaring its intention, by proper resolution of i ts | |
162 | 274 | governing body, to par ticipate, or to have any public trust | |
163 | 275 | operating its electric system participate, with the Authority in the | |
164 | 276 | development of power supply resources after the 90th day following | |
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165 | 304 | the effective date of this act shall promptly file such r esolution | |
166 | 305 | with the Secretary of State and give written notice to the Authority | |
167 | 306 | of the adoption of such resolution and shall then designate one | |
168 | 307 | person as an additional member of the election committee whose term | |
169 | 308 | shall begin with the first meeting of the ele ction committee which | |
170 | 309 | is held following the expiration of ten (10) days from the date of | |
171 | 310 | receipt of notice of the adoption of such resolution by th e | |
172 | 311 | Authority. Members of the election committee shall serve at the | |
173 | 312 | pleasure of the governing body of the elig ible public agency by | |
174 | 313 | which they were appointed. | |
175 | - | ||
176 | 314 | SECTION 2. AMENDATORY 11 O.S. 2021, Section 24-105, is | |
177 | 315 | amended to read as follows: | |
178 | - | ||
179 | - | ENR. S. B. NO. 1529 Page 5 | |
180 | - | ||
181 | 316 | Section 24-105. Definitions. As used in this act Section 24- | |
182 | 317 | 101 et seq. of this title the following words shall have the | |
183 | 318 | following meanings unless the context clearly indicates otherwise: | |
184 | - | ||
185 | 319 | (a) A. “Authority” shall mean the Oklahoma Municipal P ower | |
186 | 320 | Authority hereby created and any successor or successors thereto. | |
187 | 321 | Any change in name or composition of the Authority shall in no way | |
188 | 322 | affect the vested rights of any person under the provisions of this | |
189 | 323 | act Section 24-101 et seq. of this title or impair the obligations | |
190 | 324 | of any contracts existing under this act Section 24-101 et seq. of | |
191 | 325 | this title. | |
192 | - | ||
193 | 326 | (b) B. “Board of Directors” shall mean the Board of Directors | |
194 | 327 | elected by the election committee as set forth in Section 4 24-104 | |
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195 | 355 | of this act title which shall exercise all the powers and manage a nd | |
196 | 356 | control all the affairs and property of the Authority unless | |
197 | 357 | otherwise specifically provided herein or in the bylaws of the | |
198 | 358 | Authority as in effect from time to time. | |
199 | - | ||
200 | 359 | (c) C. “Bonds” shall mean any revenue bon ds, notes or other | |
201 | 360 | evidences of obligations o f the Authority issued by the Authority | |
202 | 361 | under the provisions of this act, the Oklahoma Municipal Power | |
203 | 362 | Authority Act including, without limit ation, bond anticipation notes | |
204 | 363 | and refunding bonds. | |
205 | - | ||
206 | 364 | (d) D. “Eligible public agency ” shall mean any municipality, | |
207 | 365 | authority or other public body which owns, m aintains or operates an | |
208 | 366 | electrical energy generation, transmission or distribution system | |
209 | 367 | within the State of Oklahom a on the date on which this act becomes | |
210 | 368 | law this state. | |
211 | - | ||
212 | 369 | (e) E. “Person” shall mean (i) any natural person; (ii) any | |
213 | 370 | eligible public agency as defined herein; (iii) any public trust as | |
214 | 371 | defined herein; (iv) the United States, any state, any municipality, | |
215 | 372 | political subdivision, municipal corporation, unit of local | |
216 | 373 | government, governmen tal unit or public corporation created by or | |
217 | 374 | pursuant to the laws of the United States or any state, or any | |
218 | 375 | board, corporation or other entity or body declared by the laws of | |
219 | 376 | the United States or any state to be a department, agency or | |
220 | 377 | instrumentality ther eof; (v) any corporation, not for profit | |
221 | 378 | corporation, firm, partnership, cooperative association, electric | |
222 | 379 | ||
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224 | 406 | cooperative or business trust of any nature whatsoever organized and | |
225 | 407 | existing under the laws of the United States or any state; or (vi) | |
226 | 408 | any foreign country, any political subdivision or governmental unit | |
227 | 409 | of any foreign country or any corporation, not for profit | |
228 | 410 | corporation, firm, partnership, cooperative association, elect ric | |
229 | 411 | cooperative or business trust of any nature whatsoever organized and | |
230 | 412 | existing under the laws of any foreign country or of any political | |
231 | 413 | subdivision or governmental entity thereof. | |
232 | - | ||
233 | 414 | (f) F. “Project” shall mean any plant, works, system, | |
234 | 415 | facilities and real and personal property of any nature whatsoever, | |
235 | 416 | together with all parts thereof a nd appurtenances thereto, located | |
236 | 417 | within or without the State of Oklahoma this state, used or useful | |
237 | 418 | in the generation, production, transmission, purchase, sale, | |
238 | 419 | exchange or interchange of electrical energy and in the acquisition, | |
239 | 420 | extraction, processing, transportati on or storage or of fuel of any | |
240 | 421 | kind for any such purposes or any interest in, or right to the use, | |
241 | 422 | services, output or capacity, of any such plant, works, system or | |
242 | 423 | facilities; provided, however, a project shall not include (i) any | |
243 | 424 | interest in any plant f or the generation of electrical energy which | |
244 | 425 | is to be owned jointly with any investor-owned utility if such plant | |
245 | 426 | is not existing on May 10, 1981, or (ii) any inte rest in any nuclear | |
246 | 427 | powered generating plant. For purposes of this definition, a plant | |
247 | 428 | shall be considered to be existing if construction shall have been | |
248 | 429 | commenced at the plant site, if orders have been placed for major | |
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249 | 457 | components of equipment or if the p lant is to consist of an | |
250 | 458 | additional unit at the site of an already existing unit which will | |
251 | 459 | use in common any of the existing facilities at such site. | |
252 | - | ||
253 | 460 | (g) G. “Public trust” shall mean any public trust created and | |
254 | 461 | existing under the provisions of the Trust s for Furtherance of | |
255 | 462 | Public Functions Law, as provided by Sections Section 176 et seq. of | |
256 | 463 | Title 60 of the Oklahoma Statutes, and the Oklahoma Trust Act, as | |
257 | 464 | provided by Sections 175 Section 175.1 et seq. of Title 60 of the | |
258 | 465 | Oklahoma Statutes, which has as it s beneficiary a municipality and | |
259 | 466 | which owns, maintains or operates an electrical energy generation, | |
260 | 467 | transmission or distribution system serving the residents and | |
261 | 468 | consumers of such municipality and existing on the date on which | |
262 | 469 | this act becomes law or creat ed hereafter with an eligible public | |
263 | 470 | agency as the beneficiary. | |
264 | - | ||
265 | - | ||
266 | - | ENR. S. B. NO. 1529 Page 7 | |
267 | 471 | SECTION 3. AMENDATORY 11 O.S. 2021, Section 24-107, is | |
268 | 472 | amended to read as follows: | |
269 | - | ||
270 | 473 | Section 24-107. (a) A. The Authority shall have and is hereby | |
271 | 474 | authorized to exercise all powers, rights and privileges enumerated | |
272 | 475 | in this section. Such powers, rights and privileges shall be | |
273 | 476 | exercised by its Board of Directors unless oth erwise specifically | |
274 | 477 | provided herein or by the bylaws of the Authority as in effect from | |
275 | 478 | time to time. | |
276 | - | ||
277 | 479 | (b) B. The Authority may plan, finance, acquire, construct, | |
278 | 480 | reconstruct, own, lease, operate, maintain, repair, i mprove, extend | |
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279 | 508 | or otherwise participate, individually or jointly with other | |
280 | 509 | persons, in one or more projects, proposed, existing or under | |
281 | 510 | construction, and may act as agent, or designate one or more | |
282 | 511 | persons, whether or not participating in a project, to ac t as its | |
283 | 512 | agent, in connection with the planning, financing, acquisition, | |
284 | 513 | construction, reconstruction, ownership, lease, operation, | |
285 | 514 | maintenance, repair, extension or improvement of the project. | |
286 | - | ||
287 | 515 | (c) C. The Authority may investigate the desirability of and | |
288 | 516 | necessity for additional sources and supplies of electrical energy | |
289 | 517 | and fuel and other supplies of any kind for such purpose, and make | |
290 | 518 | studies, surveys and estimates as may be necessary to determine the | |
291 | 519 | feasibility and cost thereof. | |
292 | - | ||
293 | 520 | (d) D. The Authority may cooperate with other persons in the | |
294 | 521 | development of sources and supplies of electrical energy and fuel | |
295 | 522 | and other supplies of any kind for such purposes, and give | |
296 | 523 | assistance with personnel and equipment in any project. | |
297 | - | ||
298 | 524 | (e) E. The Authority may apply to an y person for consents, | |
299 | 525 | authorizations or approvals required for any project within its | |
300 | 526 | powers and take all actions necessary to comply with the conditions | |
301 | 527 | thereof. | |
302 | - | ||
303 | 528 | (f) F. The Authority may perform any act authorized by this act | |
304 | 529 | the Oklahoma Municipal Power Authority Act through, or by means of, | |
305 | 530 | its officers, agents or employees or by contract with any person, | |
306 | 531 | including, without limitation, t he employment of engineers, | |
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307 | 559 | architects, attorneys, appraisers, financial advisors and such oth er | |
308 | 560 | consultants and employees as may be required in the judgment of the | |
309 | - | ||
310 | - | ENR. S. B. NO. 1529 Page 8 | |
311 | 561 | Board of Directors, and fix and pay their compensation from funds | |
312 | 562 | available to the Authorit y therefor. | |
313 | - | ||
314 | 563 | (g) G. The Authority may acquire, hold, use and dispose of | |
315 | 564 | income, revenues, fund s and money. | |
316 | - | ||
317 | 565 | (h) H. The Authority may, individually or jointly wi th other | |
318 | 566 | persons, acquire, own, hire, use, operate and dispose of personal | |
319 | 567 | property and any inte rest therein. | |
320 | - | ||
321 | 568 | (i) I. The Authority may, individually or jointly with other | |
322 | 569 | persons, acquire, own, use, lease as l essor or lessee, operate and | |
323 | 570 | dispose of real property and interests in real property, including | |
324 | 571 | projects existing, proposed or under construct ion, and make | |
325 | 572 | improvements thereon. | |
326 | - | ||
327 | 573 | (j) J. The Authority may grant the use by franchise, leas e or | |
328 | 574 | otherwise and make charges for the use of any property or fac ility | |
329 | 575 | owned or controlled by it. | |
330 | - | ||
331 | 576 | (k) K. The Authority may borrow money and issue negotiable | |
332 | 577 | bonds, secured or unsecured, in accordance with this act Section 24- | |
333 | 578 | 101 et seq. of this title , and may enter into interest rate swaps | |
334 | 579 | and other derivative produ cts, and other financial instruments | |
335 | 580 | intended to hedge interest rate risk or man age interest rate costs, | |
336 | 581 | including any option to enter into or terminate any of them, that | |
337 | 582 | the Authority deems to be necessary or desirable in connect ion with | |
583 | + | ||
584 | + | SB1529 HFLR Page 12 | |
585 | + | BOLD FACE denotes Committee Amendments. 1 | |
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338 | 610 | any bonds issued prior to, at the same time as, or af ter entering | |
339 | 611 | into such arrangement, and cont aining such terms and provisions, and | |
340 | 612 | may be with such parties, as determ ined by the Authority. Provided, | |
341 | 613 | any action taken by the Authority pursuant to this subsection must | |
342 | 614 | first be approved by the Office of the State Bond Advisor Deputy | |
343 | 615 | Treasurer for Debt Management and the Council of Bond Oversight | |
344 | 616 | pursuant to the provisions of the Oklahoma Bond Oversight and Reform | |
345 | 617 | Act. | |
346 | - | ||
347 | 618 | (l) L. The Authority may inv est money of the Authority no t | |
348 | 619 | required for immediate use , including proceeds from the sale of any | |
349 | 620 | bonds. | |
350 | - | ||
351 | 621 | (m) M. The Authority may exercise the power of eminent domain | |
352 | 622 | in accordance with the provisions of Section 24-110 of this title. | |
353 | - | ||
354 | - | ENR. S. B. NO. 1529 Page 9 | |
355 | - | ||
356 | 623 | (n) N. The Authority may determine the location and ch aracter | |
357 | 624 | of, and all other matters in connection with, any and all proje cts | |
358 | 625 | it is authorized to acquire, hold, establish, effectuate, operate or | |
359 | 626 | control. | |
360 | - | ||
361 | 627 | (o) O. The Authority may contract with any person for the | |
362 | 628 | planning, development, construction, operation , sale or lease as | |
363 | 629 | lessor or lessee of any project or for any interes t therein, on such | |
364 | 630 | terms and for such period of time as i ts Board of Directors shall | |
365 | 631 | determine. | |
366 | - | ||
367 | 632 | (p) P. The Authority may contract with any eligible p ublic | |
368 | 633 | agency, any public trust, or an y other person for the sa le of power | |
634 | + | ||
635 | + | SB1529 HFLR Page 13 | |
636 | + | BOLD FACE denotes Committee Amendments. 1 | |
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369 | 661 | and energy, transmission service s, power supply development services | |
370 | 662 | or other services withi n or without the State of Oklahoma this state | |
371 | 663 | on such terms and conditions as the Board of Directors shall | |
372 | 664 | approve. Any such c ontract may be for the sale of output and | |
373 | 665 | services of a particular pr oject or may be for output and services | |
374 | 666 | generally without regard to a s pecific project and may be for the | |
375 | 667 | supply of a specific quantity of output or a percentage of the | |
376 | 668 | output of a specific project or other specific facility or may be | |
377 | 669 | based on the requirem ents of the purchaser or may be on such other | |
378 | 670 | terms and conditions as t he Board of Directors deems appropriate. | |
379 | - | ||
380 | 671 | (q) Q. The Authority may enter into any contract or agreement | |
381 | 672 | necessary, appropriate or incidental to the effectuation of its | |
382 | 673 | lawful purposes and the exercise of the powers granted by this act, | |
383 | 674 | the Oklahoma Municipal Power Authority Act including, without | |
384 | 675 | limitation, contracts or agreements for the purchase, sale, | |
385 | 676 | exchange, interchange, wheeling, pooling, transmission or storage of | |
386 | 677 | electric power and energy, and fuel and other supplies of any kind | |
387 | 678 | for any such purposes, within and without the State of Oklahoma this | |
388 | 679 | state, in such amounts as it shall determine to be necessary and | |
389 | 680 | appropriate to make the m ost effective use of its powers and to meet | |
390 | 681 | its responsibilities, on such terms and for such period of time as | |
391 | 682 | the Board of Directors determines, and derivative or other | |
392 | 683 | instruments intended to hedge fuel cost risk associated with any | |
393 | 684 | projects or power pur chases or supply arrangements of the Authority, | |
685 | + | ||
686 | + | SB1529 HFLR Page 14 | |
687 | + | BOLD FACE denotes Committee Amendments. 1 | |
688 | + | 2 | |
689 | + | 3 | |
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692 | + | 6 | |
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711 | + | ||
394 | 712 | or to hedge fixed or variable interest rate exposure associated with | |
395 | 713 | permitted investments, including any option to enter in to or | |
396 | 714 | terminate any of them, that the Authority deems to be necessary or | |
397 | - | ||
398 | - | ENR. S. B. NO. 1529 Page 10 | |
399 | 715 | desirable, and containing such terms and provisions, and m ay be with | |
400 | 716 | such parties, as determined by the Authority. | |
401 | - | ||
402 | 717 | (r) R. In any case in which the Authority participates in a | |
403 | 718 | project as a joint owner with one or more persons, the Authority m ay | |
404 | 719 | enter into an agreemen t or agreements with respect to such project | |
405 | 720 | with the other person or persons participating therein, and any such | |
406 | 721 | agreement may contain such terms, conditions and provisions | |
407 | 722 | consistent with the provisions of the act as the parties thereto | |
408 | 723 | shall deem to be in their best interest. Any such agreement may | |
409 | 724 | include, but need not be limited to, provisions defining what | |
410 | 725 | constitutes a default thereunder and providing for the rights and | |
411 | 726 | remedies of the parties thereto upon the occurrence of such a | |
412 | 727 | default deemed appropriate by the Board of Directors including, t o | |
413 | 728 | the extent deemed appropriate, the acquisition by nondefaulting | |
414 | 729 | parties of all or any part of the defaulting party ’s interest; | |
415 | 730 | provisions setting forth such restraints on alienation of the | |
416 | 731 | interests of the parties in the project as the Board of Directors | |
417 | 732 | deems appropriate; provisions for the construction, operation and | |
418 | 733 | maintenance of such electric generation or transmission facil ity by | |
419 | 734 | any one or more of the parties to such agreement which party or | |
420 | 735 | parties shall be designated in or pursuant to such agreem ent as | |
736 | + | ||
737 | + | SB1529 HFLR Page 15 | |
738 | + | BOLD FACE denotes Committee Amendments. 1 | |
739 | + | 2 | |
740 | + | 3 | |
741 | + | 4 | |
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421 | 763 | agent or parties thereto or by such other means as may be determined | |
422 | 764 | by the parties thereto; and provisions for a method or methods of | |
423 | 765 | determining and allocating, among or betwe en the parties, costs of | |
424 | 766 | construction, operation, maintenance, renewals, replacements, | |
425 | 767 | improvements and disposals with respect to such project. In | |
426 | 768 | exercising its power to participate in a project as a joint owner | |
427 | 769 | with one or more persons, the Authority ma y not loan its credit to | |
428 | 770 | any person which is a joint owner of such proje ct; provided, | |
429 | 771 | however, the appropriate allocations of the costs of construction, | |
430 | 772 | operation, maintenance, renewals, replacements, improvements and | |
431 | 773 | disposals with respect to such project between the Authority an d | |
432 | 774 | such persons shall not be a loan of credit by the Authority to such | |
433 | 775 | persons. In carrying out its functions and activities as such agent | |
434 | 776 | with respect to construction, operat ion and maintenance of a | |
435 | 777 | project, such agent shall be go verned by the laws and re gulations | |
436 | 778 | applicable to such agent as a separat e legal entity and not by any | |
437 | 779 | laws or regulations which may be applicable to any of the other | |
438 | 780 | participating parties. Notwithsta nding anything contained in any | |
439 | 781 | other law to the contrar y, pursuant to the terms of any such | |
440 | 782 | agreement, the Authority may delega te its powers and duties with | |
441 | - | ||
442 | - | ENR. S. B. NO. 1529 Page 11 | |
443 | 783 | respect to the construction, operation and maintenance of such | |
444 | 784 | project to the person acting as age nt; and all actions taken by such | |
445 | 785 | agent in accordance wi th the provisions of such agreement may be | |
786 | + | ||
787 | + | SB1529 HFLR Page 16 | |
788 | + | BOLD FACE denotes Committee Amendments. 1 | |
789 | + | 2 | |
790 | + | 3 | |
791 | + | 4 | |
792 | + | 5 | |
793 | + | 6 | |
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808 | + | 21 | |
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811 | + | 24 | |
812 | + | ||
446 | 813 | made binding upon the Authori ty without further action or approval | |
447 | 814 | by the Authority. | |
448 | - | ||
449 | 815 | (s) S. The Authority may procure insurance against any losses | |
450 | 816 | in connection with its property, operations or assets in such | |
451 | 817 | amounts and from such insure rs as it deems desirable, or may self - | |
452 | 818 | insure against such losses. | |
453 | - | ||
454 | 819 | (t) T. The Authority may contract for and accept any gifts, | |
455 | 820 | grants or loans of funds or property or financial or o ther aid in | |
456 | 821 | any form from any person, and may comp ly, subject to the provis ions | |
457 | 822 | of this act the Oklahoma Municipal Power Authority Act, with the | |
458 | 823 | terms and conditions thereof. | |
459 | - | ||
460 | 824 | (u) U. The Authority may adopt a corporate seal and may sue or | |
461 | 825 | be sued. | |
462 | - | ||
463 | 826 | (v) V. The Authority may exercise all other powers not | |
464 | 827 | inconsistent with the Oklahoma Constitution of the State of Oklahoma | |
465 | 828 | or the United States Constitution, which powers may be reasonably | |
466 | 829 | necessary or appropriate for or incidental to effectuate its | |
467 | 830 | authorized purposes or to the ex ercise of any of the powers | |
468 | 831 | enumerated in this act the Oklahoma Municipal Power Authority Act. | |
469 | - | ||
470 | 832 | (w) W. Notwithstanding any other provision herein seemingly to | |
471 | 833 | the contrary, the Authority may not sell output (i) at retail to the | |
472 | 834 | ultimate consumers thereof, or (ii) to any municipality wh ich does | |
473 | 835 | not qualify as an eligible public agency under t he definition set | |
474 | 836 | forth in subsection (d) of Section 24-105 of this title, or (iii) to | |
837 | + | ||
838 | + | SB1529 HFLR Page 17 | |
839 | + | BOLD FACE denotes Committee Amendments. 1 | |
840 | + | 2 | |
841 | + | 3 | |
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844 | + | 6 | |
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863 | + | ||
475 | 864 | any trust created and existing under the provisions of the Local | |
476 | 865 | Industrial Development Act, as provided by Sect ions 651 et seq. of | |
477 | 866 | Title 62 of the Oklahoma Statutes, or the Trusts for Furtherance of | |
478 | 867 | Public Functions Law, as provided by S ections 176 et seq. of Title | |
479 | 868 | 60 of the Oklahoma Statutes, which does not qualify as a public | |
480 | 869 | trust under the definition set forth in subsection (g) of Section | |
481 | 870 | 24-105 of this title own an electrical energy distribution system. | |
482 | - | ||
483 | 871 | SECTION 4. AMENDATORY 11 O.S. 2021, Section 24-116, is | |
484 | 872 | amended to read as follo ws: | |
485 | - | ||
486 | - | ENR. S. B. NO. 1529 Page 12 | |
487 | - | ||
488 | 873 | Section 24-116. Meetings and Records. All meetings of the | |
489 | 874 | Authority shall be subject to the provisions of the Ok lahoma Open | |
490 | 875 | Meeting Act, as provided by Sections Section 301 et seq. of Title 2 5 | |
491 | 876 | of the Oklahoma Statutes. All records of the Auth ority shall be | |
492 | 877 | subject to the provisions of Section 24 of the Oklahoma Open Records | |
493 | 878 | Act, as provided by Section 24A.1 et seq. of Title 51 of the | |
494 | 879 | Oklahoma Statutes. | |
495 | - | ||
496 | 880 | SECTION 5. AMENDATORY 11 O.S. 2021, Section 24-117, is | |
497 | 881 | amended to read as follows: | |
498 | - | ||
499 | 882 | Section 24-117. Construction. This act Section 24-101 et seq. | |
500 | 883 | of this title and all the terms and provisions hereof shall be | |
501 | 884 | liberally construed to effectuate the purposes set forth herein; | |
502 | 885 | provided, however, nothing in this act the Oklahoma Municipal Power | |
503 | 886 | Authority Act shall be construed to autho rize the Authority to loa n | |
887 | + | ||
888 | + | SB1529 HFLR Page 18 | |
889 | + | BOLD FACE denotes Committee Amendments. 1 | |
890 | + | 2 | |
891 | + | 3 | |
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893 | + | 5 | |
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913 | + | ||
504 | 914 | its credit to any investor-owned utility nor to acquire or subsidize | |
505 | 915 | any nuclear powered generating plant . | |
506 | - | ||
507 | 916 | SECTION 6. REPEALER 11 O.S. 2021, Section 24-105.1, is | |
508 | 917 | hereby repealed. | |
509 | - | ||
510 | 918 | SECTION 7. REPEALER 11 O.S. 2021, Section 24-114, is | |
511 | 919 | hereby repealed. | |
512 | - | ||
513 | 920 | SECTION 8. REPEALER 11 O.S. 2021, Section 24-120, is | |
514 | 921 | hereby repealed. | |
515 | - | ||
516 | 922 | SECTION 9. This act shall become effective November 1, 2022. | |
517 | 923 | ||
518 | - | ||
519 | - | ENR. S. B. NO. 1529 Page 13 | |
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. |