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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1374 By: Boles
AS INTRODUCED
An Act relating to utilities; amending 17 O.S. 2021,
Section 151, as amended by Section 1, Chapter 67,
O.S.L. 2024 (17 O.S. Supp. 2024, Se ction 151), which
relates to public utility defined; modifying certain
exception to definition; and providing an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 17 O.S. 2021, Section 151, as
amended by Section 1, Chapter 67, O.S.L. 2024 (17 O.S. Supp. 2 024,
Section 151), is amended to read as follows:
Section 151. A. 1. The term "public utility" as used in
Sections 151 through 155 of this title, shall be taken to mean and
include every corporation, association, company, individuals, their
trustees, lessees, or receivers, successors or assigns, except as
hereinafter provided, and except cities, towns, or other bodies
politic, that now or hereafter may own, operate, or manage a ny plant
or equipment, or any part thereof, directly or indirectly, for
public use, or may supply any commodity to be furnished to the
public.
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(a) For the conveyance of gas by pipeline.
(b) For the production, transmission, delivery or
furnishing of heat o r light with gas.
(c) For the production, transmission, delivery or
furnishing electric current for light, heat or power.
(d) For the transportation, delivery or furnishing of
water for domestic purposes or for power. Provided
further that a corporation o rganized and existing not
for profit pursuant to Title 18 of the Oklahoma
Statutes, Sections 851-863, but for the purpose of
developing and providing rural water supply and sewage
disposal facilities to serve rural residents shall not
be declared a public utility under this act, and shall
be exempt in any and all respects from the
jurisdiction and control of the Corporation Commission
of this state.
2. The term "Commission" shall be taken to mean Corporation
Commission of Oklahoma.
B. Provided that:
1. In Washington County, where any corporation, association,
company, individuals, their trustees, lessees, or receivers,
successors or assigns, is engaged in the private business of
manufacturing any products other than those hereinbefore defined,
and in the manufacture of such products operate and maintain private
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electric or water plants for its own power and electrical energy or
water used in its manufacturing plant, without the right of eminent
domain and without the use of streets, highways or public prop erty,
it may contract upon terms and prices approved by Corporation
Commission the sale of a bona fide surplus of electrical energy or
water developed in such private plants to any public utility engaged
in manufacturing and distributing electrical energy in Washington
County, Oklahoma, without becoming a public utility. Provided
further any city or town within a county having a population of over
five hundred thousand (500,000) or any county having a population of
over five hundred thousand (500,000), acc ording to the 1970 Federal
Census, which is a beneficiary of a public trust th at has multiple
beneficiaries and that includes within any or all of its boundaries
a water supply and/or distribution system, or any portion thereof,
shall have the authority to condemn all or any portion of any water
supply and/or distribution system owned and/or operated and/or
leased by a public trust within the limits of the condemning city or
town or within the unincorporated areas of the condemning county;
provided the power granted hereunder shall not be exercised until
the condemning city, town or county shall have made provision to pay
off all outstanding bonded indebtedness incurred by the public
trust, including interest on the bonds to maturity of the bonds, or
first call date, and premium, if any, to which the property to be
condemned or the revenues therefrom has been pledged for security.
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2. The term public utility shall not include or be taken to
mean a corporation, association, company, individuals, their
trustees, lessees, receivers, successors, or assigns engaged in the
production of green hydrogen electricity, provided that such entity
furnishes an electric service or commodity only to itself, an
affiliate, or tenants solely engaged in the production of green
hydrogen on the premises, so long as that service or commodity is
not resold as retail electric service. Nothing herein shall relieve
such an entity of its obligation to comply with state and federal
grid interconnection and registration requirements and as sociated
costs from the applicable regional transmission organization or
public utility in the state, nor shall it limit any party from
asserting a right they may otherwise be entitled to under Oklahoma
law.
SECTION 2. This act shall becom e effective November 1, 2025.
60-1-10439 JBH 12/18/24