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ENGROSSED HOUSE AMENDME NT
TO
ENGROSSED SENATE BILL NO . 502 By: Hall of the Senate
and
Hilbert of the House
[ electric vehicles - legislative intent - charging
stations - tariff - rules - codification - effective
date ]
AMENDMENT NO. 1. Strike the title, enacting clause, and entire bill
and insert:
"An Act relating to electric vehicles; enacting the
Oklahoma Electric Vehicle Charging Act; defining
terms; requiring provision of certain electric
services through designated business ent ity;
prohibiting certain subsidy amounts; providing
electric vehicle charging providers not to be
considered public utilities for p urposes of statutory
provisions; authorizing subsidies for certain
infrastructure; prohi biting discrimination by retail
electric suppliers with respect to electric 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 ;
providing for enforcement by district court;
prescribing procedures; authorizing administrative
rules; providing for codification; and providing an
effective date.
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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 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 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 d elivering 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 origin ally equipped so
that the vehicle:
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(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 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 energ y 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, 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” does not include a vehicle that is
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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. “Make-ready infrastructure” means the electrical
infrastructure required to se rvice 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, or beneficial trusts
thereof engaged in the furnishing of retail electric s ervice not to
include municipal corporat ions; 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 Se ction 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 direc tly to the public shall do so only
through a separate, unregulated entity and mus t do so on the same
fees, terms, charges, and conditions offered to private provid ers of
electric vehicle charging stations.
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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 affilia te 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 res trict 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 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 the same fees , terms, and conditions
shall apply to every ele ctric vehicle charging provi der, including
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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 fo llows:
A municipality that owns or operates an electric charging
station that begins operations after the effective date of this act
shall not use revenues deri ved by the municipality from the sale of
electric power delivered through a municipally owned el ectric
distribution system in order to const ruct 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 compl iance with the provisions of this
section.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 130.36 of Title 17, unless there
is created a duplica tion in numbering, reads as follows:
A. The Commission shall have authority to en force violations of
this act for retail electric su ppliers that are rate-regulated by
the Corporation Comm ission. 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 act, the Commission may assess a fine
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against the utility 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 district court shall have authority to enforce
violations of this act for retail electric suppliers not rate-
regulated by the Commission and municipal corporations . A petition
may be filed with the district court at any time by an aggrieved
party. If the district court determines, after hearing the matter,
that the retail electric supplier or municipal corporation is in
violation of this act, the district court may order the violation
cease and levy civil charges or penalties against the retail
electric supplier or municipal corporation consistent with the civil
enforcement provisions for contempt as set forth in Section 1 et
seq. of Title 17 of the Oklahoma Statute s and may order such further
action as may be fair, just, and reasonable under the circumstances
of the proceeding.
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 duplicati on in numbering, 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."
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Passed the House of Representat ives the 26th day of April, 2023.
Presiding Officer of the House of
Representatives
Passed the Senate the ____ day of _______ ___, 2023.
Presiding Officer of th e Senate
ENGR. S. B. NO. 502 Page 1 1
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ENGROSSED SENATE
BILL NO. 502 By: Hall of the Senate
and
Hilbert of the House
[ electric vehicles - legislative intent - charging
stations - tariff - rules - codification - effective
date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 9. 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 10. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 160.32 of Title 17, unless there
is created a duplication in numbering, 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;
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2. Widespread deployment of electric vehicle charging
infrastructure is co nsistent 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 s uch stations by private
businesses, the Legislature de clares that it is necessary to:
1. Implement competitively neutral policies to encou rage
private sector investment in electric vehicle charging station
deployment on real property whose owners or tenan ts 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, including
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
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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.
SECTION 11. 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 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 d elivering 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:
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a. a 100%-electric motor vehicle origin ally 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 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 that the vehicle:
(1) draws propulsion energ y 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, but does not include
a vehicle operated exclusively on a rail or
rails, and
(3) which has at least four wheels, and
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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. “Charging station” means equipment by which electric current
is transferred to the power system of an electric vehi cle together
with the real property upon which such equipment is located or
affixed;
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 se rvice 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 s ervice; and
9. “Retail electric service ” means electric service furnished
to a consumer for ultimate consumption.
SECTION 12. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Se ction 160.34 of Title 17, unless there
is created a duplication in numb ering, reads as follows:
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A. A retail electric supplier or a subsidiary or affiliate
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
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 .
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 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.
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SECTION 13. 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.
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 thereof
shall apply to every electric vehicle charging provid er, 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 provisio ns 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
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a retail electric service provider except as otherwise provided in
this act.
E. Retail electric suppliers 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 wit h this act, within one hundred t wenty (120)
days of the tariff submission. An appeal from a deci sion of the
Commission may be made as provided by law.
F. All other retail electric suppliers, 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 electric
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 14. 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 implemen t and
ensure compliance with the provisions of this act.
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SECTION 15. This act shall become effective November 1, 2023.
Passed the Senate the 8th day of March, 2023.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2023.
Presiding Officer of the House
of Representatives