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ENGROSSED SENATE
BILL NO. 1587 By: Hall of the Senate
and
Hill of the House
An Act relating to the Oklahoma Electric Vehicle
Charging Act; amending Sections 2 , 3 and 5, Chapter
330, O.S.L. 2023 (17 O.S. Supp. 2023, Sections
160.32, 160.33, and 160.35), which relate to
definitions and electric vehicle charging providers;
modifying definitions; defining terms; conforming
language; construing provision s; updating statutory
references; updating statutory language; providing
for codification; and prov iding an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY Section 2, Chapter 330, O.S.L.
2023 (17 O.S. Supp. 2023, Section 160.32), is amended to read as
follows:
Section 160.32. As used in this act the Oklahoma Electric
Vehicle Charging Act :
1. “Commission” means the Corporation Commission;
2. “Direct current fast charging station ” means an electric
vehicle charging system capable of delivering electricity at a
minimum of fifty (50) kilowatts direct curr ent to an electric
vehicle’s rechargeable battery at a minimum voltage of two hundred
(200) volts;
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3. “Electric cooperative ” means an electric cooperative
corporation organized under Section 437.1 of Title 18 of the
Oklahoma Statutes that provides electric service to the public;
4. “Electric vehicle” means a 100%-electric or plug-in hybrid
electric motor vehicle with the following characteristics:
a. a 100%-electric motor vehicle originally equipped so
that the vehicle:
(1) draws propulsion energy solely from a battery
with at least twenty (20) kilowatt hours of
capacity, which can be recharged from any
external source of electricity,
(2) is manufactured primarily for use on public
streets, roads, and highways, but does not
include a vehicle operated exclusively on a rail
or rails, and
(3) is capable of being powered by an electric motor
drawing current from fuel cells, and
(4) which has at least four wheels,
b. a plug-in hybrid electric motor vehicle which is
originally equipped so that the vehicle:
(1) draws propulsion energy from:
(a) an internal combustion engine, and
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(b) a battery with at least five (5) kilowatt
hours of capacity, which can be recharged
from an external source of electricity,
(2) is manufactured primarily for use on public
streets, roads and highways, but does not include
a vehicle operated exclusively on a rail or
rails, and
(3) which has at least four wheels, and
c. for purposes of this paragraph, the term “electric
vehicle” electric vehicle does not include a v ehicle
that is manufactured primarily for off -road use and
that has a maximum speed of thirty (30) miles per hour
or less;
5. “Electric vehicle charging provider ” means the owner of an
electric vehicle charging station operating in a retail electric
supplier’s designated service area;
6. “Fuel cell” means a cell that converts the chemical energy
of hydrogen directly into electricity through electrochemical
reactions;
7. “Hydrogen fueling station ” means any equipment that
dispenses hydrogen into a motor v ehicle or electric vehic le powered
by a fuel cell;
8. “Make-ready infrastructure ” means the electrical
infrastructure required to service an electric vehicle charging
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station’s electrical load on the retail electric supplier ’s or
municipal corporation ’s side of the electric meter , but shall not
include an electric vehicle charging station;
7. 9. “Retail electric supplier ” means any person, firm,
corporation, association, electric cooperative, or beneficial trusts
thereof engaged in the furnishing of retai l electric service not t o
include municipal corporations; and
8. 10. “Retail electric service ” means electric service
furnished to a consumer for ultimate consumption.
SECTION 2. AMENDATORY Section 3, Chapter 330, O.S.L.
2023 (17 O.S. Supp. 2023, Section 160.33), is amended to read as
follows:
Section 160.33. A. A retail electric supplier or a subsidiary
or affiliate thereof that provides, owns, operates, or maintains a
direct current fast charging station or hydrogen fueling st ation
directly to the public shall do so only through a separate,
unregulated entity and must do so on the same fees, terms, charges,
and conditions offered to private providers of electric vehicle
charging stations.
B. After December 31, 2023, any electr ic vehicle charging
station or hydrogen fueling station that is provided by, owned,
operated, or maintained by a retail electric supplier, or a
subsidiary or affiliate thereof, shall not, directly or indirectly,
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be subsidized by any fee or charge associate d with the retail
electric service provider’s regulated service offerings.
C. An electric vehicle charging provider shall not be
considered to be a public utility pursuant to the provisions of
Section 151 of Title 17 of the Oklahoma Statutes or a retail
electric supplier pursuant to the provisions of this act the
Oklahoma Electric Vehicle Charging Act or Section 158.22 of Title 17
of the Oklahoma Statutes.
D. Nothing in this section shall be construed to restrict a
retail electric supplier or municipal corporation from subsidizing
the costs of make-ready infrastructure through fees or charges for
services provided by its regulated services so long as such subsidy
is offered to electric vehicle charging providers on a
nondiscriminatory basis between such pr oviders.
SECTION 3. AMENDATORY Section 5, Chapter 330, O.S.L.
2023 (17 O.S. Supp. 2023, Section 160.35), is amended to read as
follows:
Section 160.35. A municipality that owns or operates an
electric charging station or hydrogen fueling station that begins
operations after the effective date of this act November 1, 2023,
shall not use revenues derived by the municipality from the sale of
electric power delivered through a municipally owned electric
distribution system in order to construct or maintain such electric
charging station or hydrogen fueling station and the municipality
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shall keep such accounts, books, and records as may be required in
order for an audit of the municipal expenditures to be performed at
any time in order for the municipality to prove compliance with the
provisions of this section.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 160.38 of Title 17, unless there
is created a duplication in nu mbering, reads as follows:
A. Nothing in Sections 160.33, 160.34, 160.35 , or 160.36 of
Title 17 of the Oklahoma Statutes shall be construed to prohibit an
electric supplier or municipal corporation from operating, leasing,
installing, or otherwise procuri ng service from an elect ric vehicle
charging station or hydrogen fueling station on its own premises for
the sole purpose of serving its own electric vehicles that is not
open to the public.
B. Nothing in Sections 160.33, 160.34, 160.35 , and 160.36 of
Title 17 of the Oklahoma Statutes shall be construed to apply to an
electric vehicle charging station or hydrogen fueling station that
was constructed, provided by, owned, operated, or maintained by a
retail electric supplier or municipal corporation prior to November
1, 2023.
SECTION 5. This act shall become effective November 1, 2024.
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Passed the Senate the 14th day of March, 2024.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2024.
Presiding Officer of the House
of Representatives