An Act
ENROLLED SENATE
BILL NO. 502 By: Hall of the Senate
and
Hilbert of the House
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.
SUBJECT: Oklahoma Electric Vehicle Charging Act
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:
ENR. S. B. NO. 502 Page 2
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:
(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:
ENR. S. B. NO. 502 Page 3
(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
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 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, or beneficial trusts
thereof engaged in the furnishing of retail electric service 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 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
ENR. S. B. NO. 502 Page 4
fast charging station directly 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.
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 wit h 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 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 the same fees , terms, and conditions
shall apply to every ele ctric vehicle charging provi der, 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 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 derived by the municipality from the sale of
ENR. S. B. NO. 502 Page 5
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 accoun ts,
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 n ew 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
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 cir cumstances
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:
ENR. S. B. NO. 502 Page 6
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.
ENR. S. B. NO. 502 Page 7
Passed the Senate the 22nd day of May, 2023.
Presiding Officer of the Se nate
Passed the House of Representatives the 26th day of April, 2023.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this _______ _____________
day of _________________ __, 20_______, at _______ o'clock _______ M.
By: _______________________________ __
Approved by the Governor of the State of Oklahoma this _____ ____
day of _________________ __, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this _______ ___
day of __________________, 20 _______, at _______ o'clock _______ M.
By: _______________________________ __