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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023 )
HOUSE BILL 1051 By: Lawson
AS INTRODUCED
An Act relating to roads, bridges and ferries;
amending 51 O.S. 2021, Section 24A.22, which relates
to confidential books, re cords and trade secrets;
requiring certain inf ormation be kept confidential;
amending 69 O.S. 2021, Section 1401, which relates to
the use of highways, rights-of-way and easements by
public utility or cable television system ; requiring
utilities make certain information available;
requiring exemption from certain records requests;
providing certain immunity; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 51 O.S. 2021, Section 24A.22, is
amended to read as follows:
Section 24A.22 A. The Corporation Commission shall keep
confidential those records of a public utility, its affiliates,
suppliers and customers which the Commission determines are
confidential books and records or trade secrets.
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B. As used in this section, "public utility" means any entity
regulated by the Corporation Commission, owning or operating for
compensation in this state equipmen t or facilities for:
1. Producing, generating, transm itting, distributing, selling
or furnishing electricity;
2. The conveyance, transmission, or reception of communication
over a telephone system; or
3. Transmitting directly or indirectly or distributi ng
combustible hydrocarbon natural or synthetic natura l gas for sale to
the public.
C. Any political subdivision of this state shall keep
confidential any Geographic Information S ystem (GIS) files or paper
maps it receives following a request for said files or maps from a
utility pursuant to subsection E of Section 1401 of T itle 69 of the
Oklahoma Statutes.
SECTION 2. AMENDATORY 69 O.S. 2021, Section 1401, is
amended to read as follows:
Section 1401. A. Any public utility, or cable television
system, not otherwise authorized to do so, lawfully oper ating or
doing business in the State of Oklahoma shall have the right to use
the public roads and highways of this state, including the right -of-
way and all easements pertaining thereto, as provided for in this
section.
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B. The use of the public roads and highways by such public
utility or cable television system shall be for the purpose of
erecting poles and posts, attaching equipment, wires and fixtures
thereto and laying pipes and conduits under the surface thereof.
All poles, wires, fixtures, pipes and conduits shall be erected,
placed, adjusted or laid and maintained only after obtaining the
consent pursuant to rules promulgated by the Department of
Transportation as to the state highway system, and the boards of
county commissioners of the various cou nties as to roads and
highways under their jurisdiction. Provided, however, in the event
a utility or cable television system which has facilities located on
private easements is included within the public right -of-way as a
result of construction, reconst ruction, improvement or other
modification, it shall be granted prior rights, as defined below.
Such utility or cable television system, which complies with the
Underground Damage Prevention Act shall not be liable for damages to
any other utility, which locates facilities within the area
encompassed, to the extent practicable without interfering with or
endangering the public in the use of its roads and highways, by the
private easements of the public utility or cable television sy stem
included within the public right-of-way, as a result of the
operation, maintenance or repair of such utility 's or cable
television system's facilities. The term "prior rights" as used in
this section refers to a situation involving a utility company that
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was located on private easements which are later encompassed by the
state's right-of-way. When a utility company is in private
easements which are acquired or encompassed by the right -of-way of
the Department, it is given a choice of relocating their conflicting
facilities into a public right-of-way or acquiring a new private
easement and relocating onto it. Either of said relocations shall
be at the expense of the Department. Whenever a utility company
relocates into a public right -of-way, the utility company shall have
prior rights. If a subsequent relocation is required by the
Department, the utility company shall be given a choice to relocate
onto public easements or to relocate into a private right -of-way,
and both will be at the expense of the Department. The utilit y
shall have prior rights for any subsequent relocation requested by
the Department. If a public utility or cable television system
elects to relocate its facilities to a newly acquired private right -
of-way, the utility shall forfe it all rights and claims in its
easements to the extent such easements are now contained in the
public right-of-way as a result of construction, reconstruction,
improvement, or other modification. Nothing in this section shall
be construed to grant the ri ght to use the streets o r other places
of any municipality of this state without the consent of the
municipality. Provided, further, that the boards of county
commissioners may grant to any citizen the right to lay pipes and
conduits under the surface of any road or highway unde r their
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jurisdiction, subject to such rules, regulations and conditions as
shall be prescribed by the board of county commissioners. Nothing
in this section shall be construed to limit any rights granted by
other provisions of law. All poles, wires, post s, conduits and
equipment shall be erected, placed, adjusted, laid, constructed and
maintained so as not to inconvenience or endanger the public in the
use of its roads and highways and shall conform to all applicable
provisions of the National Electrical Safety Code approved by the
American National Standards Institute, in effect at the time of such
erection, placement, adjustment, or construction.
Public utilities or cable television systems shall completely
repair or replace any d amage, injury or other c hange to public roads
or highways or rights -of-way of this state or any county or
municipality which would inconvenience or endanger the public which
are caused by the erection, placement, adjustment, construction or
maintenance of any public utility or ca ble television system poles,
wires, posts, conduits or other equipment. Nothing in this act
shall be interpreted to impair the right of recovery against any
third party for such damage or injury.
C. The failure of any public utili ty or cable television s ystem
to construct or maintain its poles, wires, conduits, pipe lines
pipelines and equipment upon or under such public highways in full
compliance with the rules promulgated by the Department of
Transportation or the board of county commissi oners, including
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placement of its poles, wires, conduits, pipe lines pipelines and
equipment, shall forfeit the right of the utility or cable
television system to use the public highway or highways, and the
utility or cable television system may thereupon be ousted from the
use of the highway.
D. "Public utility" and "cable television systems " as used in
this section and in Sections 1402 and 1403 of this title shall be
defined as a person, corporation, association, limited liability
company or partnership, company, or any other form of entity
organized and existing or domesticated under the laws of this state,
and whose users lie within the State of Oklahoma. Such terms as
used in this section and Sections 1402 and 1403 of this title
specifically shall not apply to persons, corporations, associations,
limited liability companies or partnerships, companies, or any other
form of entity which obtains status through the Corporation
Commission as a public utility, but whose end users are not within
the State of Oklahoma.
E. Any utility placing or having existing pipes, poles, wires,
or other assets within the public rights -of-way shall provide within
ninety (90) days of request by a municipality, state agency or
county agency, the Geographic Information S ystem (GIS) files or
paper maps showing the approxima te location of said assets to the
governmental agency having jurisdiction over that right -of-way, or a
state repository created for that purpose . The asset GIS location
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files or paper maps shall be exempt from the Oklahoma Open Records
Act and may not be shared with any other entity without permission
of the utility. The utility shall be immune from claims of
negligence based on inaccurate asset locations de picted upon the GIS
files or paper maps if the production was done in good faith.
SECTION 3. This act shall become effective November 1, 2023.
59-1-5879 JBH 01/07/23