44 | 45 | | |
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45 | 46 | | An Act relating to distributed energy resources; |
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46 | 47 | | defining terms; providing exemptions for certain |
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47 | 48 | | owners and operators of distributed energy resources; |
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48 | 49 | | establishing provisions for construction and |
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49 | 50 | | maintenance of certain electric distribution lines; |
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50 | 51 | | providing for codification; and providing an |
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51 | 52 | | effective date. |
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52 | 53 | | |
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53 | 54 | | |
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54 | 55 | | |
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55 | 56 | | |
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56 | 57 | | |
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57 | 58 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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58 | 59 | | SECTION 1. NEW LAW A new section of law to be codified |
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59 | 60 | | in the Oklahoma Statutes as Section 158.71 of Title 17, unless there |
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60 | 61 | | is created a duplication in numbering, reads as f ollows: |
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61 | 62 | | A. For the purposes of this section: |
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62 | 63 | | 1. “Distributed energy resource ” means a small-scale electrical |
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63 | 64 | | power source that is installed near where the electricity is used |
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64 | 65 | | including, but not limited to, dispatchable or non -dispatchable |
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94 | 94 | | 2. “Owner” or “operator” means a corporation, association, |
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95 | 95 | | company, or individual that owns or operates a distributed energy |
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96 | 96 | | resource to provide electrical service to a load which is under the |
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97 | 97 | | same ownership as the generation source. Provided, any owner or |
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98 | 98 | | operator which serves a load outside of its ownership shall be |
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99 | 99 | | considered a retail electric supplier; |
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100 | 100 | | 3. “Public utility” means a public utility as defined pursuant |
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101 | 101 | | to Section 151 of Title 17 of the Oklahoma Statutes; and |
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102 | 102 | | 4. “Retail electric supplier ” means a retail electric supplier |
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103 | 103 | | as defined pursuant to Section 158.22 of Title 17 of the Oklahoma |
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104 | 104 | | Statutes. |
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105 | 105 | | B. Any owner or operator that does not serve a load outsi de of |
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106 | 106 | | its ownership and is not otherwise connected to a public utility |
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107 | 107 | | grid shall be exempt from complying with any state or federal |
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108 | 108 | | regulations, registration requirements, and fee payments, including |
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109 | 109 | | those mandated by the Southwest Power Pool, if applicab le. |
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110 | 110 | | C. An owner or operator shall not construct or maintain |
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111 | 111 | | electric distribution lines, including poles or other related |
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112 | 112 | | structures in, around, or along any road, street, or other public |
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113 | 113 | | way, unless: |
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114 | 114 | | 1. The owner or operator , or a contractor hired by th e owner or |
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115 | 115 | | operator to construct the electric line, provides to the Corporation |
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145 | 144 | | the public right-of-way. The performance bon d shall be enforceable |
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146 | 145 | | up to the date that the line is energized; and |
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147 | 146 | | 2. The transmission and distribu tion public utility providers |
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148 | 147 | | that operate the service territory where the line is proposed to be |
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149 | 148 | | built are notified in writing not less than thirty (30) days prior |
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150 | 149 | | to the commencement of line construction . |
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151 | 150 | | D. If an objection to construction of a distribution line built |
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152 | 151 | | under subsection C of this section is filed by a public utility with |
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153 | 152 | | the Corporation Commission , the Commission shall furnish adequate |
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154 | 153 | | notice to the Office of the Attorney General and complete a full |
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155 | 154 | | evidentiary hearing and procedural sched ule. If the Commission |
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156 | 155 | | finds that the distribution line does not interfere with the |
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157 | 156 | | delivery of electricity to any of the public utility ’s existing |
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158 | 157 | | consumers, the owner or operator may proceed with the construction |
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159 | 158 | | or maintenance of electric lines after compliance with paragraphs 1 |
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160 | 159 | | and 2 of subsection C of this section. |
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161 | 160 | | SECTION 2. This act shall become effective November 1, 2025. |
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