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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
HOUSE BILL 3394 By: Clinton
AS INTRODUCED
An Act relating to hyperscale data centers; creating
the Oklahoma Hyperscale Data Center Directory Act;
providing definitions; directing the Oklahoma
Corporation Commission to establish and maintain a
hyperscale data center directory; providing required
contents of directory; requiring annual publication
of directory on Corporation Commission's website;
directing electrical utilities to report certain
information about hyperscale data center energy use;
directing water providers to report certain
information about hyperscale data center water use;
permitting the Corporation Commission to request
verification of reports; requiring Corporation
Commission to protect proprietary and critical
infrastructure information; clarifying non-
confidential aggregated and facility-level data be
publicly available; granting the Corporation
Commission rule-making and enforcement authority;
establishing that noncompliance will result in
penalties; providing for codification; and providing
an effective date.
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 711.1 of Title 17, unless there
is created a duplication in numbering, reads as follows:
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This act shall be known and may be cited as the "Oklahoma
Hyperscale Data Center Directory Act".
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 711.2 of Title 17, unless there
is created a duplication in numbering, reads as follows:
As used in this act:
1. "Annual electric usage" means total electrical energy
consumed over a calendar year reported in megawatt-hours (MWh);
2. "Annual water usage" means total water withdrawn or
delivered to a facility over a calendar year reported in gallons;
3. "Corporation Commission" means the Oklahoma Corporation
Commission;
4. "Directory" means the hyperscale data center directory
established under Section 3 of this act;
5. "Electric utility" means any investor-owned, municipally
owned, or cooperative electric utility providing electricity to a
hyperscale data center facility in Oklahoma;
6. "Hyperscale data center" means a large-scale data center
facility primarily engaged in information technology operations
designed for scalability and redundancy, with a total conditioned
space of at least fifty thousand (50,000) square feet and expected
annual electric usage of at least ten thousand (10,000) megawatt
hours (MWh). Facilities that house cloud computing, distributed
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computing, or massive server clusters for commercial use fall under
this definition;
7. "Peak electrical load" means the highest level of electrical
demand in megawatts (MW) for a reporting period; and
8. "Water provider" means any municipal water system, rural
water district, wholesale water supplier, or private water utility
serving a hyperscale data center facility in Oklahoma.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 711.3 of Title 17, unless there
is created a duplication in numbering, reads as follows:
A. The Oklahoma Corporation Commission shall establish and
maintain a hyperscale data center directory that includes the
following data for each hyperscale data center facility located in
Oklahoma:
1. Company name;
2. Facility location:
a. city and county, and
b. street address or other specific address if publicly
available;
3. Annual electric usage in megawatt-hours (MWh);
4. Peak electrical load in megawatt-hours (MWh);
5. Annual water usage in gallons; and
6. Water source:
a. municipal supply,
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b. groundwater (with aquifer identified, if permitted),
c. surface water,
d. reclaimed water, or
e. other specified source.
B. The directory shall be published annually on the Corporation
Commission's website in a format that is accessible to the public.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 711.4 of Title 17, unless there
is created a duplication in numbering, reads as follows:
A. Each electric utility providing service to a hyperscale data
center in Oklahoma shall report to the Oklahoma Corporation
Commission annually:
1. The facility's total annual electric usage in megawatt-hours
(MWh)for the prior calendar year; and
2. Peak electrical load in megawatt-hours (MWh) recorded during
the prior calendar year.
Reports are due by April 1 of each year for the previous
calendar year.
B. Each water provider supplying a hyperscale data center
facility shall report to the Corporation Commission annually:
1. The facility's total annual water usage in gallons for the
prior calendar year; and
2. The primary water source category.
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Reports are due by April 1 of each year for the previous
calendar year.
C. The Corporation Commission may request verification from the
hyperscale data center facility if discrepancies are identified
between utility-reported data and facility operations.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 711.5 of Title 17, unless there
is created a duplication in numbering, reads as follows:
A. To the extent required by state or federal law, the Oklahoma
Corporation Commission shall protect proprietary and critical
infrastructure information from public disclosure, including
specific address data if demonstrated to pose security concerns.
B. Aggregated and facility-level directory data that is not
confidential shall be publicly accessible.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 711.6 of Title 17, unless there
is created a duplication in numbering, reads as follows:
A. The Oklahoma Corporation Commission shall adopt any rules
necessary to implement and administer this act.
B. The Corporation Commission may enforce this act through
rules and procedures consistent with its regulatory authority,
including the imposition of administrative penalties for
noncompliance with reporting requirements.
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C. Failure to file required reports or the filing of false
information shall subject the reporting entity to penalties as
established by rule of the Corporation Commission.
SECTION 7. This act shall become effective November 1, 2026.
60-2-15763 MJ 01/09/26