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An Act
ENROLLED HOUSE
BILL NO. 2992 By: Boles, Chapman, Cornwell,
Hildebrant, Staires,
Dobrinski, Clinton,
Dollens, Wolfley, Alonso-
Sandoval, Menz, Harris,
Munson, Adams, Waldron,
Stewart, Hill, Pogemiller,
Turner, Kelley, McCane,
Tedford, Rosecrants, Hays,
Grego, and Eaves of the
House
and
Green, Seifried, Mann,
Coleman, Prieto, Deevers,
Kirt, Hamilton, Nice, and
Gillespie of the Senate
An Act relating to the Corporation Commission;
creating the Data Center Customer Ratepayer
Protection Act of 2026; defining terms; requiring
governing bodies provide certain protections
regarding rates; requiring electric suppliers
establish and maintain certain separate terms,
conditions and tariffs; detailing terms and
conditions; requiring certain term of service be ten
years; making certain exception; stating
applicability; authorizing the promulgation of rules;
granting certain exclusive jurisdiction; requiring
electric suppliers comply to act; requiring certain
parties be given notice of purchase; providing
penalty for failing to provide notice; providing for
collection of penalty and enforcement of violations;
providing for codification; providing an effective
date; and declaring an emergency.
SUBJECT: Corporation Commission
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
ENR. H. B. NO. 2992 Page 2
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 900 of Title 17, unless there is
created a duplication in numbering, reads as follows:
This act shall be known and may be cited as the "Data Center
Customer Ratepayer Protection Act of 2026".
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 901 of Title 17, unless there is
created a duplication in numbering, reads as follows:
As used in the Data Center Customer Ratepayer Protection Act of
2026:
1. "Applicable governing body" means, with respect to any
retail electric supplier, the governmental, regulatory, or self-
governing authority having lawful jurisdiction over the
construction, ownership, interconnection, planning, safety, or
operation of such electric supplier, including, but not limited to,
the Corporation Commission, a municipal governing body, a rural
electric cooperative's board of trustees, or other nonjurisdictional
supplier;
2. "Cost causation" means customers responsible for the
electric supplier incurring the cost should be allocated their
equitable share of those costs;
3. "Electric supplier" means any entity providing electric
service within the state, including investor-owned utilities,
electric cooperatives, municipal electric utilities, and public
power utilities;
4. "Large load customer" means new data centers, new
cryptocurrency mining operations and new facilities whose primary
function is artificial-intelligence computing facilities that
contract with an electric supplier to add seventy-five (75)
megawatts or greater electric load per facility or in aggregate
behind a single point of interconnection to an electric supplier's
load after July 1, 2026. It does not include residential,
commercial, agricultural, or industrial ratepayers, or those
entities that build generation for behind-the-meter projects; and
5. "Residential customer" means a customer receiving retail
electric service for household purposes as established by the
applicable electric supplier.
ENR. H. B. NO. 2992 Page 3
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 902 of Title 17, unless there is
created a duplication in numbering, reads as follows:
Any applicable governing body responsible for reviewing electric
supplier rates shall ensure that residential, commercial and
industrial customers are protected from paying unjust rates
resulting directly from electric service to large load customers.
The applicable governing body shall ensure that all rates are fair,
just and reasonable, and costs and revenues are assigned and
allocated among customers in accordance with cost causation
principles.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 903 of Title 17, unless there is
created a duplication in numbering, reads as follows:
All electric suppliers shall establish and maintain separate
terms and conditions of electric service applicable to any large
load customer and shall create and maintain separate tariffs
applicable to such large load customers. These terms, conditions,
and tariffs shall include credit requirements and any other measures
necessary to ensure that such customers reimburse the electric
supplier for all costs fairly allocated to them under Section 3 of
this act, including costs incurred to directly serve the customer
that may remain unrecovered if the customer departs the system or
materially reduces load. The term of service for a large load
customer shall be at least ten (10) years. For any public power
utility using tax-exempt municipal financing, the term of the
agreement shall be the lesser of ten (10) years or the applicable
Internal Revenue Service Guideline.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 904 of Title 17, unless there is
created a duplication in numbering, reads as follows:
This act applies to all retail electric suppliers serving load
in this state, including investor-owned utilities regulated by the
Corporation Commission, electric cooperatives, municipal electric
utilities, and public power utilities.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 905 of Title 17, unless there is
created a duplication in numbering, reads as follows:
ENR. H. B. NO. 2992 Page 4
The Oklahoma Corporation Commission may promulgate rules within
its authority and jurisdiction to effectuate the provisions of this
act. For electric suppliers subject to the jurisdiction of the
Oklahoma Corporation Commission for regulation of their electric
rates, the Oklahoma Corporation Commission shall have exclusive
jurisdiction to enforce the provisions of this act within its
authority. Retail electric suppliers shall comply with this act as
a condition of providing service to large load customers.
SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 906 of Title 17, unless there is
created a duplication in numbering, reads as follows:
A. Any large load customer, as defined in Section 2 of this
act, or any developer, owner, or entity acting on behalf of a large
load customer, that purchases any land in this state outside of an
industrial development park or a municipality, shall be required to
notify the Corporation Commission, the county commissioners of the
county in which the land is purchased, and any adjacent property
owners who own property that abuts the large load customer's land
within sixty (60) days after the land is purchased. Such notice
shall be given by certified mail, return receipt requested, to the
party's last-known business or residential address.
B. Any large load customer, or any developer, owner, or entity
acting on behalf of a large load customer, who fails to provide
proper notice as required by this section, shall be subject to an
administrative penalty of One Thousand Five Hundred Dollars
($1,500.00) per day, per violation to be collected and enforced by
the county commissioners in which the land is located. If a large
load customer has a project that utilizes land located in two or
more counties, the penalty shall be divided amongst the counties
based upon the percentage of land located in each county.
SECTION 8. This act shall become effective July 1, 2026.
SECTION 9. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
ENR. H. B. NO. 2992 Page 5
Passed the House of Representatives the 5th day of May, 2026.
Presiding Officer of the House
of Representatives
Passed the Senate the 5th day of May, 2026.
Presiding Officer of the Senate
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: _________________________________