SB 93 — Distributed energy resources; establishing provisions for electric generation behind the meter. Effective date.

SENATE CHAMBERFLOOR STATEVERSION OFFebruary OKLAHOMA27, DISPOSITION2025 FLOOR3 AMENDMENTCOMMITTEE No.SUBSTITUTE FOR SENATE BILL NO.

________93 COMMITTEEBy: AMENDMENT (Date) I move to amend Senate Bill No.

93Prieto asof follows:the Senate and Boles of the House 8 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:

On“Distributed Pageenergy 2,resource” Linesmeans 17a throughsmall-scale 27,electrical bypower deletingsource allthat language;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;

SENATE FLOOR VERSION - SB93 SFLR Page 1 (Bold face denotes Committee Amendments) 2.

On“Owner” Pageor 3,“operator” Linesmeans 1a thoroughcorporation, 16,association, bycompany, deletingor allindividual language;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.

andProvided, 3.any owner or operator which serves a load outside of its ownership shall be considered a retail electric supplier;

By3. amending the title to conform.

Submitted“Public by:utility” means a public utility as defined pursuant to Section 151 of Title 17 of the Oklahoma Statutes;

_______________________ Senator Prieto Prieto-RD-FA-SB93 3/5/2025 4:07 PM (Floor Amendments Only) Date and Time4. Filed:

Untimely“Retail Amendmentelectric Cyclesupplier” Extendedmeans Secondarya Amendmentretail 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 SENATE FLOOR VERSION - SB93 SFLR Page 2 (Bold face denotes Committee Amendments) 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 SENATE FLOOR VERSION - SB93 SFLR Page 3 (Bold face denotes Committee Amendments)