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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
COMMITTEE SUBSTITUTE
FOR ENGROSSED
SENATE BILL NO. 502 By: Hall of the Senate
and
Hilbert of the House
COMMITTEE SUBSTITUTE
An Act relating to electric vehicles; enacting the
Oklahoma Electric Vehicle Charging Act; defining
terms; requiring provision of certain electric
services through designated business entity;
prohibiting certain subsidy amo unts; providing
electric vehicle charging providers not to be
considered public utilities for purposes of statutory
provisions; authorizing subsidies for certain
infrastructure; prohibiting discrimination by retail
electric suppliers with respect to electr ic vehicle
charging providers; prohibiting use of certain
revenues by municipalities; requiring accounts ,
books, and records f or purposes of audit; providing
for enforcement by Oklahoma Corporation Commission
and Attorney General ; providing for codificatio n; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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 in numbering, reads as follows:
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This act shall be known and may be cited as the “Oklahoma
Electric Vehicle Charging Act”.
SECTION 2. NEW LAW A new section of law to be codif ied
in the Oklahoma Statutes as Section 160.32 of Title 17, unless there
is created a duplication in numbering, 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 to the public;
4. “Electric vehicle” means a 100%-electric or plug-in hybrid
electric motor vehicle with the following characteristi cs:
a. a 100%-electric motor vehicle orig inally 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,
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(2) is manufactured primarily for use on public
streets, roads, and highways, but doe s not
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 w hich is
originally equipped so t hat the vehicle:
(1) draws propulsion ene rgy from:
(a) an internal combusti on 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, bu t 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” 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. “Electric vehicle charging provider” means the owner of an
electric vehicle charging station operating in a retail electric
supplier’s designated service area ;
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6. “Make-ready infrastructure” means the electrical
infrastructure required to service an electrical load, but shall not
include an electric vehicle charging s tation;
7. “Retail electric supplier” means any person, firm,
corporation, association , electric cooperative, municipal
corporations, or beneficial trusts thereo f engaged in the furnishing
of retail electric service; and
8. “Retail electric service ” means electric service furnished
to a consumer for ultimate consumption.
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:
A. A retail electric supplier or a subsidiary or affiliate
thereof that provides, owns, operates, or maintains a direct current
fast charging station 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 electric vehicle charging
station that is provided by, owned, operated, or maintained by a
retail electric supplier, or a subsidiary or affiliat e thereof,
shall not, directly or indirectly, be subsidized by any fee or
charge associated with the retail electric service provider’s
regulated service offerings.
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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 rest rict a
retail electric supplier 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 non -discriminatory basis between
such providers.
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 numbering, reads as follows:
A retail electric supplier shall not discriminate among electric
vehicle charging providers, and t he same fees, terms, and conditions
shall apply to every ele ctric vehicle charging provider, including
the retail electric supplier’s separate, unregulated entity,
subsidiary, or affiliate.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 160.35 of T itle 17, unless there
is created a duplication in numbering, reads as follows:
A municipality that owns or operates an electric charging
station that begins operations after the effective date of this act
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shall not use revenues deri ved 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 and the municipality 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 6. NEW LAW A new section of law to be codif ied
in the Oklahoma Statutes as Section 130.36 of Title 17, unless there
is created a duplication in numbering, reads as follows:
A. The Commission shall have authority to enfor ce violations of
this section for retail electric suppliers within its jurisdi ction.
A complaint may be brought to the Commission at any time. If the
Commission determines, after investigation and an evidentiary
hearing, that the retail electric supplier has violated this
section, the Commissi on may assess a fine against the utili ty for
contempt as set forth in Section 1 et seq. of Title 17 of the
Oklahoma Statutes and may order such further action as may be fair,
just and reasonable under the circumstances of the proceeding.
B. The Attorney General shall have authority to enforce
violations of this section for retail electric suppliers outside the
jurisdiction of the Commission. A complaint may be brought to the
Attorney General at any time. If the Attorney General determines,
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after investigation, that the retail electric suppli er is in
violation of this section, the Attorney General may issue a fine for
such violation not to exceed Five Hundred Dollars ( $500.00). Each
day's continuance of such violation, after due service upon such
retail electric supplier, of the violation shall be a separate
offense.
SECTION 7. NEW LAW A n ew section of law to be codified
in the Oklahoma Statutes as Section 160.37 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 8. This act shall become effective November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON UTILITIES, dated 04/10/2023 - DO
PASS, As Amended.