1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 SENATE BILL 1587 By: Hall
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6 AS INTRODUCED
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7 An Act relating to the Oklahoma Electric Vehicle
7 Charging Act; amending Sections 2, 3 and 5, Chapter
8 330, O.S.L. 2023 (17 O.S. Supp. 2023, Sections
8 160.32, 160.33, and 160.35), which relate to
9 definitions and electric vehicle charging providers;
9 modifying definitions; defining terms; conforming
10 language; construing provisions; updating statutory
10 references; updating statutory language; providing
11 for codification; and providing an effective date.
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14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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15 SECTION 1. AMENDATORY Section 2, Chapter 330, O.S.L.
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16 2023 (17 O.S. Supp. 2023, Section 160.32), is amended to read as
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17 follows:
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18 Section 160.32. As used in this act the Oklahoma Electric
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19 Vehicle Charging Act:
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20 1. “Commission” means the Corporation Commission;
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21 2. “Direct current fast charging station” means an electric
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22 vehicle charging system capable of delivering electricity at a
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23 minimum of fifty (50) kilowatts direct current to an electric
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 1 vehicle’s rechargeable battery at a minimum voltage of two hundred
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2 (200) volts;
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3 3. “Electric cooperative” means an electric cooperative
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4 corporation organized under Section 437.1 of Title 18 of the
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5 Oklahoma Statutes that provides electric service to the public;
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6 4. “Electric vehicle” means a 100%-electric or plug-in hybrid
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7 electric motor vehicle with the following characteristics:
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8 a. a 100%-electric motor vehicle originally equipped so
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9 that the vehicle:
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10 (1) draws propulsion energy solely from a battery
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11 with at least twenty (20) kilowatt hours of
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12 capacity, which can be recharged from any
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13 external source of electricity,
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14 (2) is manufactured primarily for use on public
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15 streets, roads, and highways, but does not
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16 include a vehicle operated exclusively on a rail
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17 or rails, and
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18 (3) is capable of being powered by an electric motor
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19 drawing current from fuel cells, and
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20 (4) which has at least four wheels,
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21 b. a plug-in hybrid electric motor vehicle which is
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22 originally equipped so that the vehicle:
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23 (1) draws propulsion energy from:
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24 (a) an internal combustion engine, and
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 1 (b) a battery with at least five (5) kilowatt
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2 hours of capacity, which can be recharged
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3 from an external source of electricity,
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4 (2) is manufactured primarily for use on public
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5 streets, roads and highways, but does not include
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6 a vehicle operated exclusively on a rail or
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7 rails, and
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8 (3) which has at least four wheels, and
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9 c. for purposes of this paragraph, the term “electric
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10 vehicle” electric vehicle does not include a vehicle
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11 that is manufactured primarily for off-road use and
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12 that has a maximum speed of thirty (30) miles per hour
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13 or less;
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14 5. “Electric vehicle charging provider” means the owner of an
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15 electric vehicle charging station operating in a retail electric
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16 supplier’s designated service area;
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17 6. “Fuel cell” means a cell that converts the chemical energy
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18 of hydrogen directly into electricity through electrochemical
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19 reactions;
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20 7. “Hydrogen fueling station” means any equipment that
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21 dispenses hydrogen into a motor vehicle or electric vehicle powered
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22 by a fuel cell;
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23 8. “Make-ready infrastructure” means the electrical
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24 infrastructure required to service an electric vehicle charging
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 1 station’s electrical load on the retail electric supplier’s or
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2 municipal corporation’s side of the electric meter, but shall not
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3 include an electric vehicle charging station;
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4 7. 9. “Retail electric supplier” means any person, firm,
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5 corporation, association, electric cooperative, or beneficial trusts
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6 thereof engaged in the furnishing of retail electric service not to
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7 include municipal corporations; and
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8 8. 10. “Retail electric service” means electric service
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9 furnished to a consumer for ultimate consumption.
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10 SECTION 2. AMENDATORY Section 3, Chapter 330, O.S.L.
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11 2023 (17 O.S. Supp. 2023, Section 160.33), is amended to read as
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12 follows:
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13 Section 160.33. A. A retail electric supplier or a subsidiary
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14 or affiliate thereof that provides, owns, operates, or maintains a
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15 direct current fast charging station or hydrogen fueling station
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16 directly to the public shall do so only through a separate,
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17 unregulated entity and must do so on the same fees, terms, charges,
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18 and conditions offered to private providers of electric vehicle
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19 charging stations.
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20 B. After December 31, 2023, any electric vehicle charging
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21 station or hydrogen fueling station that is provided by, owned,
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22 operated, or maintained by a retail electric supplier, or a
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23 subsidiary or affiliate thereof, shall not, directly or indirectly,
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 1 be subsidized by any fee or charge associated with the retail
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2 electric service provider’s regulated service offerings.
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3 C. An electric vehicle charging provider shall not be
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4 considered to be a public utility pursuant to the provisions of
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5 Section 151 of Title 17 of the Oklahoma Statutes or a retail
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6 electric supplier pursuant to the provisions of this act the
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7 Oklahoma Electric Vehicle Charging Act or Section 158.22 of Title 17
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8 of the Oklahoma Statutes.
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9 D. Nothing in this section shall be construed to restrict a
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10 retail electric supplier or municipal corporation from subsidizing
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11 the costs of make-ready infrastructure through fees or charges for
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12 services provided by its regulated services so long as such subsidy
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13 is offered to electric vehicle charging providers on a
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14 nondiscriminatory basis between such providers.
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15 SECTION 3. AMENDATORY Section 5, Chapter 330, O.S.L.
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16 2023 (17 O.S. Supp. 2023, Section 160.35), is amended to read as
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17 follows:
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18 Section 160.35. A municipality that owns or operates an
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19 electric charging station or hydrogen fueling station that begins
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20 operations after the effective date of this act November 1, 2023,
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21 shall not use revenues derived by the municipality from the sale of
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22 electric power delivered through a municipally owned electric
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23 distribution system in order to construct or maintain such electric
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24 charging station or hydrogen fueling station and the municipality
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 1 shall keep such accounts, books, and records as may be required in
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2 order for an audit of the municipal expenditures to be performed at
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3 any time in order for the municipality to prove compliance with the
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4 provisions of this section.
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5 SECTION 4. NEW LAW A new section of law to be codified
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6 in the Oklahoma Statutes as Section 160.38 of Title 17, unless there
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7 is created a duplication in numbering, reads as follows:
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8 A. Nothing in Sections 160.33, 160.34, 160.35, or 160.36 of
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9 Title 17 of the Oklahoma Statutes shall be construed to prohibit an
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10 electric supplier or municipal corporation from operating, leasing,
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11 installing, or otherwise procuring service from an electric vehicle
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12 charging station or hydrogen fueling station on its own premises for
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13 the sole purpose of serving its own electric vehicles that is not
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14 open to the public.
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15 B. Nothing in Sections 160.33, 160.34, 160.35, and 160.36 of
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16 Title 17 of the Oklahoma Statutes shall be construed to apply to an
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17 electric vehicle charging station or hydrogen fueling station that
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18 was constructed, provided by, owned, operated, or maintained by a
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19 retail electric supplier or municipal corporation prior to November
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20 1, 2023.
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21 SECTION 5. This act shall become effective November 1, 2024.
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23 59-2-2601 RD 1/9/2024 8:59:31 AM
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