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SENATE FLOOR VERSION - SB93 SFLR Page 1
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SENATE FLOOR VERSION
February 27, 2025
COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 93 By: Prieto of the Senate
and
Boles of the House
An Act relating to distributed energy resources;
defining terms; providing exemptions for certain
owners and operators of distributed energy resources;
establishing provisions for construction and
maintenance of certain electric distribution lines;
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 158.71 of Title 17, unless there
is created a duplication in numbering, reads as follows:
A. For the purposes of this section:
1. “Distributed energy resource” means a small-scale electrical
power source that is installed near where the electricity is used
including, but not limited to, dispatchable or non-dispatchable
power generation, energy storage resources, energy efficiency
resources, or demand response resources;
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2. “Owner” or “operator” means a corporation, association,
company, or individual that owns or operates a distributed energy
resource to provide electrical service to a load which is under the
same ownership as the generation source. Provided, any owner or
operator which serves a load outside of its ownership shall be
considered a retail electric supplier;
3. “Public utility” means a public utility as defined pursuant
to Section 151 of Title 17 of the Oklahoma Statutes; and
4. “Retail electric supplier” means a retail electric supplier
as defined pursuant to Section 158.22 of Title 17 of the Oklahoma
Statutes.
B. Any owner or operator that does not serve a load outside of
its ownership and is not otherwise connected to a public utility
grid shall be exempt from complying with any state or federal
regulations, registration requirements, and fee payments, including
those mandated by the Southwest Power Pool, if applicable.
C. An owner or operator shall not construct or maintain
electric distribution lines, including poles or other related
structures in, around, or along any road, street, or other public
way, unless:
1. The owner or operator, or a contractor hired by the owner or
operator to construct the electric line, provides to the Corporation
Commission a performance bond in the amount of the value of the
line, including poles or other related structures to be located in
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the public right-of-way. The performance bond shall be enforceable
up to the date that the line is energized; and
2. The transmission and distribution public utility providers
that operate the service territory where the line is proposed to be
built are notified in writing not less than thirty (30) days prior
to the commencement of line construction.
D. If an objection to construction of a distribution line built
under subsection C of this section is filed by a public utility with
the Corporation Commission, the Commission shall furnish adequate
notice to the Office of the Attorney General and complete a full
evidentiary hearing and procedural schedule. If the Commission
finds that the distribution line does not interfere with the
delivery of electricity to any of the public utility’s existing
consumers, the owner or operator may proceed with the construction
or maintenance of electric lines after compliance with paragraphs 1
and 2 of subsection C of this section.
SECTION 2. This act shall become effective November 1, 2025.
COMMITTEE REPORT BY: COMMITTEE ON ENERGY
February 27, 2025 - DO PASS AS AMENDED BY CS