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ENGROSSED HOUSE
BILL NO. 1374 By: Boles, Hefner, and Adams of
the House
and
Green of the Senate
[ utilities - public utility - exception –
electricity - refusal - rights - natural gas -
effective date –
emergency ]
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. 2024,
Section 151), is amended to read as follows:
Section 151. A. 1. The term "p ublic 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 exc ept cities, towns, or other bodies
politic, that now or hereafter may own, operate, or manage any plant
or equipment, or any part thereof, directly or indirectly, for
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public use, or may supply any commodity to be furnished to the
public.
(a) For the conveyance of gas by pipeline.
(b) For the production, transmission, delivery or
furnishing of heat or 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 organized 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 pr ivate business of
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manufacturing any products other than those hereinbefore defined,
and in the manufacture of such products operate and maintain private
electric or water plants for its own power and electrical energy or
water used in its manufacturing pla nt, without the right of eminent
domain and without the use of streets, highways or public property,
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 pr ivate 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), according to the 1970 Federal
Census, which is a beneficiary of a public trust that 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 condemn ing 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 inc urred by the public
trust, including interest on the bonds to maturity of the bonds, or
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first call date, and premium, if any, to which the property to be
condemned or the revenues therefrom has been pledged for security.
2. The the term public utility sha ll not include or be taken to
mean a corporation, association, company, individuals, their
trustees, lessees, receivers, successors, or assigns assignees
engaged in the production of green hydrogen electricity, provided
that such entity furnishes an electr ic service or commodity only on
the premises directly to itself, an affiliate, or tenants solely
engaged in the production of green hydrogen on the premises or
indirectly by contracting with a public utility, rural electric
cooperative, or municipality for the purpose of furnishing electric
service to a specific customer or is an exempt wholesale generator ,
so long as that service or commodity is not resold as retail
electric service or supplied indirectly or directly for public use .
Nothing herein shall r elieve such an entity of its obligation to
comply with state and federal grid interconnection and registration
requirements and associated 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 . There shall not be a requirement
nor obligation for a public utility to serve any customer receiving
electric service from an entity described herein. Further, it shall
not limit any party from asserting a right the party may otherwise
be entitled to under Oklahoma law including filings with the
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Commission. Additionally, any project pursuant to this act shall be
required to utilize a natural gas component in its power generation
capacity.
SECTION 2. This act shall become effective July 1, 2025.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by re ason whereof this act shall take effect and
be in full force from and after its passage and approval.
Passed the House of Representatives the 26th day of March, 2025.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of ___________, 2025.
Presiding Officer of the Senate