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Oklahoma House Bill HB4097

Oklahoma 2024 Regular Session

Oklahoma House Bill HB4097 Compare Versions

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28-ENGROSSED HOUSE
29-BILL NO. 4097 By: Caldwell (Trey) of the
30-House
29+HOUSE OF REPRESENTATIVES - FLOOR VERSION
3130
32- and
31+STATE OF OKLAHOMA
3332
34- Paxton of the Senate
33+2nd Session of the 59th Legislature (2024)
34+
35+COMMITTEE SUBSTITUTE
36+FOR
37+HOUSE BILL NO. 4097 By: Caldwell (Trey)
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43+COMMITTEE SUBSTITUTE
3844
3945 An Act relating to public utilities; amending 17 O.S.
4046 2021, Section 291, which relates to definitions;
4147 modifying definition; amending 17 O.S. 2021, Section
4248 292, which relates to rights of electric tran smission
4349 owners; adding description of certain electric
4450 transmission facility; authorizing certain rights to
4551 incumbent electric transmission owners for certain
4652 facilities; requiring solicitation of competitive
4753 bids for construction of certain facilit ies;
4854 requiring certain request for proposal and bid
4955 evaluation to be overse en by appointed independent
5056 evaluator; authorizing incumbent electric
5157 transmission owner to submit certain bid; amending 17
5258 O.S. 2021, Section 293, which relates to local
5359 electric transmission facility ; requiring certain
5460 notice of intent; and providing an effective date.
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6065 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
61-SECTION 1. AMENDATORY 17 O.S. 2021, Section 291, is
66+SECTION 1. AMENDATORY 17 O.S. 2021, Section 291, is -
6267 amended to read as follows:
6368 Section 291. As used in this act:
6469 1. "Commission" means the Corporation Commission;
65-2. "Incumbent electric transmission owner " means any Oklahoma
66-electric public utility, as recognized by the Commis sion, or its
67-affiliates, or subsidiaries or a ny electric cooperative, any
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97+2. "Incumbent electric transmission owner " means any Oklahoma
98+electric public utility, as recognized by the Commission, or its
99+affiliates, or subsidiaries or a ny electric cooperative, any
94100 municipal power agency or any municipal utility t hat owns, operates
95101 and maintains an electric transmission fac ility in this state or any
96102 public utility, as recognized by the Commission, that is engaged in
97103 the development of an electric transmission facility in the state as
98104 of the effective date of this a ct;
99105 3. "Local electric transmission facility" means a high-voltage
100106 transmission line or high-voltage associated transmission facilities
101107 with a rating of greater than sixty -nine (69) kilovolts and less
102108 than three hundred (300) kilovolts ; and
103109 4. "Southwest Power Pool" means the Southwest Pow er Pool or any
104110 federally recognized successor entity.
105111 SECTION 2. AMENDATORY 17 O.S. 2021, Section 292, is
106112 amended to read as follows:
107113 Section 292. A. An For any local electric transmission
108114 facility with a rating greater than six ty-nine (69) kilovolts an d
109115 less than three hundred (300) kilovolts, an incumbent electric
110116 transmission owner has the right to construct, own and main tain a
111117 local electric transmission any such facility that has been appr oved
112118 for construction in a Southwest Power Pool transmissio n plan and
113119 will interconnect to facilities owned by that incumbent electric
114-transmission owner. An incumbent electric transmission owner has
115-the right to construct, own and maintain:
116-1. A new local electric transmission facility th at connects to
117-electric transmission facilities owned by the incumbent; and
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147+transmission owner. An incumbent electric transmi ssion owner has
148+the right to construct, own and maintain:
149+1. A new local electric transmission facility th at connects to
150+electric transmission facilities owned by the incumbent; and
144151 2. Upgrades to the existing local electric transmission
145152 facilities of the incumbent.
146153 B. For any local electric transmi ssion facility with a ra ting
147-greater than three hundred (300) kilovolts with a need date w ithin
148-three (3) years, as determined by the Southwest Power Pool, a n
154+greater three hundred (300) kil ovolts with a need date w ithin three
155+(3) years, as determined by the Southwest Power Pool, an incumbent
156+electric transmission owner has the right to cons truct, own, and
157+maintain any such facility that has been approved for construction
158+in a Southwest Power Pool transmission plan a nd will interconnect to
159+facilities owned by that incumbent electric transmission owner. An
149160 incumbent electric transmission owner has the right to construct,
150-own, and maintain any such facility that has been approved for
151-construction in a Southwest Power Pool transmission plan a nd will
152-interconnect to facilities owned by that incumbent electric
153-transmission owner. An incumbent electric transm ission owner has
154-the right to construct, own , and maintain:
161+own, and maintain:
155162 1. A new local electric transmission facility that co nnects to
156163 electric transmission facilities owned by the incumbent; and
157164 2. Upgrades to the existing local electric transmission
158165 facilities of the incumbent.
159166 C. For any local electric transmission facility with a rating
160-greater than three hundred (300) kilovolt s with a need date greate r
161-than three (3) years, as determined by the Southwest Power P ool, an
167+greater three hundred (300) kilovolt s with a need date greate r than
168+three (3) years, as determined by the Southwest Power Pool, an
162169 incumbent electric transmission owner has the right to own and
163170 maintain any such facility that has been approved fo r construction
164-in a Southwest Power Pool transmission plan and will int erconnect to
165-facilities owned by that incumbent electric trans mission owner, if
166-the incumbent electric transmission o wner issues a request for
167-proposal which solicits competitive bids for constru ction of the
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198+in a Southwest Power Pool trans mission plan and will int erconnect to
199+facilities owned by that incumbent electric transmission owner , if
200+the incumbent electric transmission owner issues a requ est for
201+proposal which solicits competitive bids for constru ction of the
194202 facility. The request for proposal and associat ed bid evaluation
195203 and selection shall be overseen by an independent evaluator
196204 appointed by the Oklahoma Corporation Commission. Nothing herein
197205 shall prohibit an incumbent electric transmission o wner from
198206 submitting its own bid to construct such a facility . An incumbent
199207 electric transmission owner has the right to own and maintain:
200208 1. A new local electric transmission facility that connects to
201209 electric transmission facilities owned by the incumb ent; and
202210 2. Upgrades to the existin g local electric transmis sion
203211 facilities of the incumbent.
204212 D. The right to construct, own and maintain a local electric
205213 transmission facility that will interconnect to facilities owned by
206214 two or more incumbent electric transmission owners belongs
207215 individually and equally to each incumbent electric transmission
208216 owner, unless otherwise agreed upon in writing by the incumbent
209217 electric transmission owners.
210218 C. E. Nothing in this section is intended to affect an
211219 incumbent electric transmission owner’s use and c ontrol of its
212220 existing property rights including the incumbent electric
213221 transmission owner’s ability to assign its rights to construct, own
214-and maintain a local elect ric transmission facility described in
215-subsection A of this section. The retention, modification or
216-transfer of existing property rights of an incumbent electric
217-transmission owner and the rights described in subsection A of this
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249+and maintain a local elect ric transmission facility described in
250+subsection A of this section. The retention, modif ication or
251+transfer of existing property rights of an incumbent electric
252+transmission owner and the rights described in subsection A of this
244253 section shall remain subj ect to the relevant state law or regulation
245254 recognizing the property right.
246-F. An electric cooperative which is not a mem ber of the
247-Southwest Power Pool may construct, own, and maintain local electric
248-transmission facilities without regard to the provisions of this
249-section.
250255 SECTION 3. AMENDATORY 17 O.S. 2021, Section 293, is
251256 amended to read as follows:
252257 Section 293. A. If the Southwest Power Pool has approved a
253258 local electric transmission facility in a Southwest Power Pool
254259 transmission plan and has formally direc ted the incumbent electri c
255260 transmission owner or owners, if there is more than one owner, to
256261 construct, own and maintain the local electric transmission
257262 facility, the incumbent electric transmission owner or owners shall
258263 give notice to the Southwest Power Pool, in writing, within ninety
259264 (90) days of receipt of the direction to construct by the Southwest
260265 Power Pool, regarding its intent to construct, own and maintain the
261266 local electric transmission facility pursuant to subsection A or B
262267 of Section 292 of this title or its intent to own and maintain the
263268 local electric transmission facility pursuant to subsection C of
264269 Section 292 of this title. If notice is not provided, the incumbent
265270 electric transmission owner shall surren der its right to construc t,
266271 own and maintain the local electr ic transmission facility.
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293299 B. If an incumbent electric transmission owner or owners give
294300 notice of intent not to construct the local electric transmission
295301 facility or fail to provide notice as re quired in subsection A of
296302 this section, then the Southwest Po wer Pool may determine whether
297303 the incumbent electric transmission owner or owners or other entity
298304 will construct, own and maintain the local electric transmission
299305 facility.
300306 C. Nothing in this s ection is intended to lim it the ability of
301307 any person to notify the Southwest Power Pool that it believes an
302308 incumbent electric transmission owner with the right to construct,
303309 own and maintain a local electric transmission facility originally
304310 approved by the Southwest Power Pool h as failed to exercise its
305311 right to construct, own and maintain the local electric transmission
306312 facility within a reasonable period of time and request that the
307313 Southwest Power Pool rescind the right to construct, own and
308314 maintain the local electric transmi ssion facility and assign the
309315 rights to another incumbent electric transmission owner.
310316 SECTION 4. This act shall become effective November 1, 2024.
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337-Passed the House of Representatives the 29th day of February,
338-2024.
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342-
343- Presiding Officer of the House
344- of Representatives
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347-Passed the Senate the ___ day of __________, 2024.
348-
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352- Presiding Officer of the Senate
318+COMMITTEE REPORT BY: COMMITTEE ON UTILITIES, dated 02/22/2024 - DO
319+PASS, As Amended.