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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 502 By: Hall
AS INTRODUCED
An Act relating to electric vehicles; creating the
Oklahoma Electric Vehicle Charging Act; providing
short title; establishing legislative intent;
defining terms; requiring certain retail electric
supplier to provide electric vehicle charging
stations within certain conditions subject to certain
approved tariffs; prohibiting certain electric
vehicle charging sta tions from subsidization;
providing that certain electric vehicle charging
providers not be considered a public utility or
retail electric supplier under certain provisions;
construing provision; requiring retail elect ric
supplier to maintain certain tarif f; prohibiting
discrimination in certain provisions of tariff;
requiring certain tariff exclude certain provisions
and be billed on certain metric; requiring compliance
with act; requiring certain retail electric suppl iers
to file initial tariff with the C orporation
Commission by certai n date; requiring Commission to
issue certain order by certain date; requiring
certain non-rate-regulated retail electric suppliers
publish initial tariff by certain date; requiring
certain tariff remain in effect until certa in time;
directing Corporation Commission to promulgate rules;
providing for codification; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 160.31 of Title 17, unless there
is created a duplication i n numbering, reads as follows:
This act shall be known and may be cited as the “Oklahoma
Electric Vehicle Charging Act”.
SECTION 2. NEW LAW A new section o f law to be codified
in the Oklahoma Statutes as Section 160.32 of Title 17, unless there
is created a duplication in numb ering, reads as follows:
A. The Legislature finds that :
1. It is in the best inte rest of this state t o establish a
framework designed to encourage private sector investment in the
deployment of electric vehicle charging stations. Such framework is
essential to ensure that this state is prepared for increased
adoption of electric vehicles and to ensure equitable provisions for
all electric vehicle chargin g providers;
2. Widespread deployment of electric vehicle charging
infrastructure is consistent with the public policy of this state ;
and
3. Electric vehicle charging infra structure has the potential
to expand infrastruct ure investment, improve economic co nditions,
and develop this state to be a leader in new and innovative
technologies.
B. To facilitate investments in such stations by private
businesses, the Legislature de clares that it is necessary to:
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1. Implement competitively neutral policies to encou rage
private sector investment in electric vehicle charging station
deployment on real property whose owners or tenants desire to make
such an investment;
2. Develop and implement competitively neutral electricity
tariffs aimed at and optimized for fair and robust competition while
ensuring transparency in pricing and compliance with 16 U.S.C.
2621(d)(21);
3. Encourage private investment, ownership , and operation of
publicly available electric vehicle charging stations, includin g
equipment that allows for fa st charging;
4. Stimulate innovation, competition , and private investment in
the electric vehicle charging market;
5. Develop mechanisms to incentivize and support the short-term
and long-term efficient and cost -effective use of the electric grid
in a manner that supports the operation of electric vehicle charging
stations; and
6. Ensure that the cost of the deployment of electric vehicle
charging stations, including, but not limited to, the costs set
forth in this act, is borne solely by the providers and consumers of
electricity used to charge electric vehicles, and is not subsidized
by other classes of electric utility ratepayers ; provided, utilities
may offer incentives to reduce costs of make-ready infrastructure .
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SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 160.33 of Title 17, unless there
is created a duplication in numb ering, reads as follows:
As used in this 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 current to an electric
vehicle’s rechargeable battery at a minimum voltage of two hundred
(200) volts;
3. “Electric cooperative ” means an electric cooperative
corporation organized under Section 437.1 of Title 18 of the
Oklahoma Statutes that provides electric service t o 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 bat tery
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
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include a vehicle operated exclusively on a rail
or rails, and
(3) 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
(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, t he term “electric
vehicle” does not include a vehicle that is
manufactured primarily for off -road use and that has a
maximum speed of thirty (30) miles per hour or less;
5. “Charging station” means equipment by which electric current
is transferred to the power system of an electric vehicle together
with the real property upon which such equipment is located or
affixed;
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6. “Electric vehicle charging provider ” means the owner of an
electric vehicle chargin g station operating in a retail electric
supplier’s designated service area ;
7. “Make-ready infrastructure ” means the electrical
infrastructure required to service an electrical load , but shall not
include an electric vehicle charging s tation;
8. “Retail electric supplier” means any person, firm,
corporation, association, electric cooperative, municipal
corporations, or beneficial trusts thereof engaged in the furnishing
of retail electric service ; and
9. “Retail electric service ” means electric service furnished
to a consumer for ultimate consumption .
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 160.34 of Title 17, unless there
is created a duplication in numb ering, reads as follows:
A. A retail electric supplier or a subsidiary or af filiate
thereof that provides, owns, operates , or maintains an electric
vehicle charging station direc tly 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 pursuant to the retail electric
supplier’s approved tariffs.
B. After December 31, 2023, any electric vehicle charging
station that is provided by, owned , operated, or maintained by a
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retail electric supplier, or a subsidiary or affiliate thereof,
shall not, directly or indirectly, be subsidized by any fee or
charge associated 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 Sta tutes or a retail
electric supplier pursuant to the provisions of this 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 from subsidizing the costs of make -ready
infrastructure through fee s or charges for services provided by its
regulated services so long as such subsidy is offered to electric
vehicle charging providers on a non-discriminatory basis between
such providers.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 160.35 of Title 17, unless there
is created a duplication in numbering, reads as follows:
A. Each retail electric supplier shall be required to maintain
a commercial direct current fast charging station tariff utilizing
alternatives to traditional demand -based rate structures whi ch sets
forth the fees, terms, and conditions for the sale of electricity to
electric vehicle charging providers for the operation of electric
vehicle charging stations.
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B. The fees, terms, and conditions of the retail electric
supplier’s tariff shall not discriminate among electric vehicle
charging providers, and the same fees , terms, and conditions there of
shall apply to every electric vehicle charging provider, including
the retail electric supplier’s separate, unregulated entity,
subsidiary, or affiliate.
C. Each retail electric supplier’s commercial tariff filed
under subsection A of this section shall not include the application
of demand ratchet provisions and shall be designed to be billed on
the basis of kilowatt-hours or kilovolt-amperes.
D. Each retail electric supplier’s commercial tariff shall
comply with the objectives of this act, including, but not limited
to, the requirement that an electric vehicle charging station not be
subsidized, directly or indirectly, by regulated services offered b y
a retail electric service provider except as otherwise provided in
this act.
E. Retail electric suppli ers who are rate regulated by the
Corporation Commission shall file an initial tariff with the
Commission that complies with the requirements of this act on or
before October 1, 2024. The Commission shall issue an order
approving or amending the retail electric suppli er’s commercial
tariff, in compliance with this act, within one hundred twenty (120)
days of the tariff subm ission. An appeal from a deci sion of the
Commission may be made as provided by l aw.
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F. All other retail electric supplie rs, who are not rate
regulated by the Commission, shall publish a n initial tariff that
complies with the requirements of this act by October 1, 2024. The
tariff as published by the non-rate regulated retail electri c
supplier may be challenged in court to enforce compliance with the
requirements of this act.
G. Each retail electric supplier’s commercial tariff filed
under this section shall remain in effect until a successor tariff
is approved in accordance with the provisions of this act .
SECTION 6. NEW LAW A n ew section of law to be codified
in the Oklahoma Statutes as Section 160.36 of Title 17, unless there
is created a duplication in numb ering, reads as follows:
The Corporation Commission may promulgate rules to implement and
ensure compliance with the provisions of this act.
SECTION 7. This act shall become effective November 1, 2023.
59-1-337 RD 1/17/2023 3:20:30 PM