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28	28	STATE OF OKLAHOMA
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30	30	1st Session of the 59th Legislature (2023 )
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32	32	HOUSE BILL 1051 By: Lawson
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38	38	AS INTRODUCED
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40	40	An Act relating to roads, bridges and ferries;
41	41	amending 51 O.S. 2021, Section 24A.22, which relates
42	42	to confidential books, re cords and trade secrets;
43	43	requiring certain inf ormation be kept confidential;
44	44	amending 69 O.S. 2021, Section 1401, which relates to
45	45	the use of highways, rights-of-way and easements by
46	46	public utility or cable television system ; requiring
47	47	utilities make certain information available;
48	48	requiring exemption from certain records requests;
49	49	providing certain immunity; and providing an
50	50	effective date.
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58	58	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
59	59	SECTION 1. AMENDATORY 51 O.S. 2021, Section 24A.22, is
60	60	amended to read as follows:
61	61	Section 24A.22 A. The Corporation Commission shall keep
62	62	confidential those records of a public utility, its affiliates,
63	63	suppliers and customers which the Commission determines are
64	64	confidential books and records or trade secrets.
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91	91	B. As used in this section, "public utility" means any entity
92	92	regulated by the Corporation Commission, owning or operating for
93	93	compensation in this state equipmen t or facilities for:
94	94	1. Producing, generating, transm itting, distributing, selling
95	95	or furnishing electricity;
96	96	2. The conveyance, transmission, or reception of communication
97	97	over a telephone system; or
98	98	3. Transmitting directly or indirectly or distributi ng
99	99	combustible hydrocarbon natural or synthetic natura l gas for sale to
100	100	the public.
101	101	C. Any political subdivision of this state shall keep
102	102	confidential any Geographic Information S ystem (GIS) files or paper
103	103	maps it receives following a request for said files or maps from a
104	104	utility pursuant to subsection E of Section 1401 of T itle 69 of the
105	105	Oklahoma Statutes.
106	106	SECTION 2. AMENDATORY 69 O.S. 2021, Section 1401, is
107	107	amended to read as follows:
108	108	Section 1401. A. Any public utility, or cable television
109	109	system, not otherwise authorized to do so, lawfully oper ating or
110	110	doing business in the State of Oklahoma shall have the right to use
111	111	the public roads and highways of this state, including the right -of-
112	112	way and all easements pertaining thereto, as provided for in this
113	113	section.
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140	140	B. The use of the public roads and highways by such public
141	141	utility or cable television system shall be for the purpose of
142	142	erecting poles and posts, attaching equipment, wires and fixtures
143	143	thereto and laying pipes and conduits under the surface thereof.
144	144	All poles, wires, fixtures, pipes and conduits shall be erected,
145	145	placed, adjusted or laid and maintained only after obtaining the
146	146	consent pursuant to rules promulgated by the Department of
147	147	Transportation as to the state highway system, and the boards of
148	148	county commissioners of the various cou nties as to roads and
149	149	highways under their jurisdiction. Provided, however, in the event
150	150	a utility or cable television system which has facilities located on
151	151	private easements is included within the public right -of-way as a
152	152	result of construction, reconst ruction, improvement or other
153	153	modification, it shall be granted prior rights, as defined below.
154	154	Such utility or cable television system, which complies with the
155	155	Underground Damage Prevention Act shall not be liable for damages to
156	156	any other utility, which locates facilities within the area
157	157	encompassed, to the extent practicable without interfering with or
158	158	endangering the public in the use of its roads and highways, by the
159	159	private easements of the public utility or cable television sy stem
160	160	included within the public right-of-way, as a result of the
161	161	operation, maintenance or repair of such utility 's or cable
162	162	television system's facilities. The term "prior rights" as used in
163	163	this section refers to a situation involving a utility company that
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190	190	was located on private easements which are later encompassed by the
191	191	state's right-of-way. When a utility company is in private
192	192	easements which are acquired or encompassed by the right -of-way of
193	193	the Department, it is given a choice of relocating their conflicting
194	194	facilities into a public right-of-way or acquiring a new private
195	195	easement and relocating onto it. Either of said relocations shall
196	196	be at the expense of the Department. Whenever a utility company
197	197	relocates into a public right -of-way, the utility company shall have
198	198	prior rights. If a subsequent relocation is required by the
199	199	Department, the utility company shall be given a choice to relocate
200	200	onto public easements or to relocate into a private right -of-way,
201	201	and both will be at the expense of the Department. The utilit y
202	202	shall have prior rights for any subsequent relocation requested by
203	203	the Department. If a public utility or cable television system
204	204	elects to relocate its facilities to a newly acquired private right -
205	205	of-way, the utility shall forfe it all rights and claims in its
206	206	easements to the extent such easements are now contained in the
207	207	public right-of-way as a result of construction, reconstruction,
208	208	improvement, or other modification. Nothing in this section shall
209	209	be construed to grant the ri ght to use the streets o r other places
210	210	of any municipality of this state without the consent of the
211	211	municipality. Provided, further, that the boards of county
212	212	commissioners may grant to any citizen the right to lay pipes and
213	213	conduits under the surface of any road or highway unde r their
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240	240	jurisdiction, subject to such rules, regulations and conditions as
241	241	shall be prescribed by the board of county commissioners. Nothing
242	242	in this section shall be construed to limit any rights granted by
243	243	other provisions of law. All poles, wires, post s, conduits and
244	244	equipment shall be erected, placed, adjusted, laid, constructed and
245	245	maintained so as not to inconvenience or endanger the public in the
246	246	use of its roads and highways and shall conform to all applicable
247	247	provisions of the National Electrical Safety Code approved by the
248	248	American National Standards Institute, in effect at the time of such
249	249	erection, placement, adjustment, or construction.
250	250	Public utilities or cable television systems shall completely
251	251	repair or replace any d amage, injury or other c hange to public roads
252	252	or highways or rights -of-way of this state or any county or
253	253	municipality which would inconvenience or endanger the public which
254	254	are caused by the erection, placement, adjustment, construction or
255	255	maintenance of any public utility or ca ble television system poles,
256	256	wires, posts, conduits or other equipment. Nothing in this act
257	257	shall be interpreted to impair the right of recovery against any
258	258	third party for such damage or injury.
259	259	C. The failure of any public utili ty or cable television s ystem
260	260	to construct or maintain its poles, wires, conduits, pipe lines
261	261	pipelines and equipment upon or under such public highways in full
262	262	compliance with the rules promulgated by the Department of
263	263	Transportation or the board of county commissi oners, including
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290	290	placement of its poles, wires, conduits, pipe lines pipelines and
291	291	equipment, shall forfeit the right of the utility or cable
292	292	television system to use the public highway or highways, and the
293	293	utility or cable television system may thereupon be ousted from the
294	294	use of the highway.
295	295	D. "Public utility" and "cable television systems " as used in
296	296	this section and in Sections 1402 and 1403 of this title shall be
297	297	defined as a person, corporation, association, limited liability
298	298	company or partnership, company, or any other form of entity
299	299	organized and existing or domesticated under the laws of this state,
300	300	and whose users lie within the State of Oklahoma. Such terms as
301	301	used in this section and Sections 1402 and 1403 of this title
302	302	specifically shall not apply to persons, corporations, associations,
303	303	limited liability companies or partnerships, companies, or any other
304	304	form of entity which obtains status through the Corporation
305	305	Commission as a public utility, but whose end users are not within
306	306	the State of Oklahoma.
307	307	E. Any utility placing or having existing pipes, poles, wires,
308	308	or other assets within the public rights -of-way shall provide within
309	309	ninety (90) days of request by a municipality, state agency or
310	310	county agency, the Geographic Information S ystem (GIS) files or
311	311	paper maps showing the approxima te location of said assets to the
312	312	governmental agency having jurisdiction over that right -of-way, or a
313	313	state repository created for that purpose . The asset GIS location
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340	340	files or paper maps shall be exempt from the Oklahoma Open Records
341	341	Act and may not be shared with any other entity without permission
342	342	of the utility. The utility shall be immune from claims of
343	343	negligence based on inaccurate asset locations de picted upon the GIS
344	344	files or paper maps if the production was done in good faith.
345	345	SECTION 3. This act shall become effective November 1, 2023.
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347	347	59-1-5879 JBH 01/07/23

Oklahoma 2023 Regular Session

Oklahoma House Bill HB1051 Compare Versions