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ENGROSSED HOUSE AMENDME NT
TO
ENGROSSED SENATE BILL NO . 573 By: Montgomery of the Senate
and
Martinez of the House
An Act relating to cities and towns; creating the
Oklahoma Electrical Access and Resiliency Task Force;
providing for membership of task force; providing
purpose; requiring task force to make r ecommendations
for energy use; requiring submission of report to
certain persons by certain date ; providing for cease
of operations of task force; providing for
codification; providing an effective date; and
declaring an emergency.
AMENDMENT NO. 1. Strike the title, enacting clause, and entire bill
and insert:
"An Act relating to powers of municipalities;
amending 11 O.S. 2021, Section 22 -107.1, which
relates to regulation of video ser vices systems;
modifying definition; and providing an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
SECTION 1. AMENDATORY 11 O.S. 2021, Section 22-107.1, is
amended to read as follows :
Section 22-107.1 A. A municipality may by ordina nce or
otherwise grant a certificate, license, permit or franchise for the
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operation of a video services system, unless such authority is
already provided for by law. An y certificate, license, permit or
franchise granted purs uant to this section shall con stitute a
bargained contract between the municipality and the video services
provider and shall provide for a consideration payment to the
municipality as rental for the privileges granted to the provider to
use the public ways and grounds within the munic ipality in
furtherance of its video services business. The rental payment
shall be set at the amount bargained between the municipality and
the video services provider b ut shall not exceed five percent (5%)
of the annual gross revenues derived by the vide o services provider
from the provision of video services within the municipality. Any
certificate, license, permit or franchise issued by the governing
body shall be nonexclusive and shall not exceed a period of twenty -
five (25) years and may be revocable by the governing body if said
body determines that the holder of the certificate, license, permit
or franchise has willfully failed or neglected to perform duties
pursuant to the terms of the grant of the certificate, license ,
permit or franchise. Nothin g herein shall limit the authority of a
municipality to comply with state or federal law.
B. In the event a municipality grants an overlapping
certificate, license, perm it or franchise for video services within
its jurisdiction on terms or conditions more favorable or less
burdensome than those in any existing certificate, license, permit
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or franchise within the municipality the holder of the existing
certificate, license , permit or franchise shall be entitled, upon
written notice to the municipality, to a dopt the terms in the
overlapping certificate, license, permit or franchise that are more
favorable or less burdensome than those in the existing certificate,
license, permit or franchise and the adopted terms shall become
enforceable by the municipality.
C. In addition to any other authority granted to municipalities
by this section or other a pplicable law, a municipality may also
adopt an ordinance regulating a video se rvices system pursuant to
its police power. No municipa l provisions regulating a vide o
services system may be adopted which are inconsistent with either
state or federal law or with the terms and conditions of the
certificate, license, permit or franchise bargained by the
municipality and the video services pr ovider.
D. In awarding or ren ewing a certificate, license, permit or
franchise for video services, a municipality may re quire adequate
assurance that the video services system provider will provide
adequate public, educational, and governmental access cha nnel
capacity, facilities or f inancial support. A video services system
provider may, at its sole option, provide a "fam ily friendly" tier
of video services in lieu of channel capacity, facilities, o r
financial support for public access as a condition of any
certificate, license, perm it or franchise for video services or
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renewal thereof. Nothing herein shall affect any cha nnel capacity,
facilities, or financial support for educational or governmental
access contained in any certificate, license, permit or franchise
for video services or renewal thereof.
E. A "family friendly" tier of services is a group of channels,
offered to customers pursuant to Federal Communications Commission
(FCC) regulations, that primarily contains programming with a
television viewing rating of TV-Y, TV-Y7 or TV-G.
F. "Video services" means video programming, including cable
services, provided th rough wireline facilities located at least in
part in the public rights-of-way without regard to the delivery
technology, including Int ernet protocol technology. "V ideo
services" shall not include video programming provided by a:
1. By a commercial mobile serv ice provider as defined in 47
U.S.C., Section 332(d);
2. By a provider of direct broadcast satellite service as
defined in 47 U.S.C., Section 335(b)(5)(A);
3. By a provider of digital audiovisual works delivered over
the Internet, including streaming content ; or provided solely
4. Solely as part of and via a service that enables users to
access content, information, electronic ma il, messaging and other
services offered over the public Internet.
SECTION 2. This act shall become effective November 1, 2022."
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Passed the House of Representatives the 27th day of April, 2022.
Presiding Officer of the House of
Representatives
Passed the Senate the ____ day of _______ ___, 2022.
Presiding Officer of the Senate
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ENGROSSED SENATE
BILL NO. 573 By: Montgomery of the Senate
and
Martinez of the House
An Act relating to cities and towns; creating the
Oklahoma Electrical Access and Resiliency Task Force;
providing for membership of task force; providing
purpose; requiring task force to make recommendations
for energy use; requiring submission of report to
certain persons by certain date ; providing for cease
of operations of task force; providing for
codification; providing an effective date; and
declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF TH E STATE OF OKLAHOMA:
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 21-223 of Title 11, unless there
is created a duplication in numbering, reads as follows:
A. There is hereby created the Oklahoma Electrical Access and
Resiliency (OEAR) Task Force.
B. The task force shall consist of thirteen (13) members as
follows:
1. The Secretary of Energy , or designee, who shall serve as the
task force chair;
2. Three members appointed by the Governor:
a. a representative of an orga nization representing
municipalities,
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b. a representative of a non-profit public power utility
located in this state , and
c. a representative of a manag er of an electrical grid or
power pool;
3. A corporation commissioner, or designee;
4. Four members appointed by the President Pro Temp ore of the
Senate:
a. a representative of an organization representing
electrical cooperatives ,
b. a professional with academic expertise or a minimum of
a master’s degree in electrical engineering, grid
management or a related field, and
c. two members of the Oklahoma Senate who are from
different political parties and shall serve as ex
officio members; and
5. Four members appointed by the Speaker of the House of
Representatives:
a. a representative of a publicly traded electric utilit y
company,
b. a member of the public who is not affiliated with the
electrical industry, and
c. two members of the Oklahoma House of Representatives
who are from different political parties and shall
serve as ex officio members.
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C. The task force shall study nationally recognized best
practices to provide addi tional revenues and local control for
communities by having a choice in electric en ergy suppliers and make
recommendations regarding:
1. The removal of the moratorium on the use of municipal
condemnation to acquire electric facilities of an incumbent
investor-owned utility as defined in Section 21-222 of Title 11 of
the Oklahoma Statutes;
2. The authority to give municipal utilities the ability to use
the power of eminent domain to allow for communit y choice of
electric energy suppliers ;
3. The imposition of new growth taxation of two percent (2%)
tax on gross sales beginning tax year 2022 on any provider of
wholesale sale of electric po wer to municipal corporations if the
providers were not in ope ration prior to the effective date of this
act;
4. Strategies to enable community choice of electric energy
suppliers, whether legislatively or otherwise; and
5. Whether a need exists to provide for ongoing evaluation of
the implementation o f these rights and, if such a need does exist,
the task force shall:
a. identify the scope and nature of the need, and
b. make recommendations on how best to fill that need,
whether legislatively or otherwise.
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D. The task force shall submit a final report of its finding s
and any recommendations to the Governor, the President Pro Tempore
of the Senate and the Speaker of the Oklahoma House of
Representatives not later than a year after the effective date of
this act.
E. The provisions of this section shall cease to have t he force
and effect of law and the task force shall terminate following the
submission of the final report.
SECTION 4. This act shall become effective July 1, 2021.
SECTION 5. It being immediately necessary for the preserv ation
of the public peace, health or safety, an emergenc y is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
Passed the Senate the 10th day of March, 2021.
Presiding Officer of the Senate
Passed the House of Representati ves the ____ day of __________,
2021.
Presiding Officer of the House
of Representatives