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Oklahoma Legislature· HB 3394Referred to Energy

An act relating to hyperscale data centers, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1                            STATE OF OKLAHOMA

2   2nd Session of the 60th Legislature (2026)

3 HOUSE BILL 3394            By: Clinton

4

5

6                            AS INTRODUCED

7   An Act relating to hyperscale data centers; creating

    the Oklahoma Hyperscale Data Center Directory Act;

8   providing definitions; directing the Oklahoma

    Corporation Commission to establish and maintain a

9   hyperscale data center directory; providing required

    contents of directory; requiring annual publication

10  of directory on Corporation Commission's website;

    directing electrical utilities to report certain

11  information about hyperscale data center energy use;

    directing water providers to report certain

12  information about hyperscale data center water use;

    permitting the Corporation Commission to request

13  verification of reports; requiring Corporation

    Commission to protect proprietary and critical

14  infrastructure information; clarifying non-

    confidential aggregated and facility-level data be

15  publicly available; granting the Corporation

    Commission rule-making and enforcement authority;

16  establishing that noncompliance will result in

    penalties; providing for codification; and providing

17  an effective date.

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20 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

21  SECTION 1.      NEW LAW  A new section of law to be codified

22 in the Oklahoma Statutes as Section 711.1 of Title 17, unless there

23 is created a duplication in numbering, reads as follows:

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    Req. No. 15763                                           Page 1
1   This act shall be known and may be cited as the "Oklahoma

2 Hyperscale Data Center Directory Act".

3   SECTION 2.      NEW LAW  A new section of law to be codified

4 in the Oklahoma Statutes as Section 711.2 of Title 17, unless there

5 is created a duplication in numbering, reads as follows:

6   As used in this act:

7   1. "Annual electric usage" means total electrical energy

8 consumed over a calendar year reported in megawatt-hours (MWh);

9   2. "Annual water usage" means total water withdrawn or

10 delivered to a facility over a calendar year reported in gallons;

11  3. "Corporation Commission" means the Oklahoma Corporation

12 Commission;

13  4. "Directory" means the hyperscale data center directory

14 established under Section 3 of this act;

15  5. "Electric utility" means any investor-owned, municipally

16 owned, or cooperative electric utility providing electricity to a

17 hyperscale data center facility in Oklahoma;

18  6. "Hyperscale data center" means a large-scale data center

19 facility primarily engaged in information technology operations

20 designed for scalability and redundancy, with a total conditioned

21 space of at least fifty thousand (50,000) square feet and expected

22 annual electric usage of at least ten thousand (10,000) megawatt

23 hours (MWh). Facilities that house cloud computing, distributed

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    Req. No. 15763                                                  Page 2
1 computing, or massive server clusters for commercial use fall under

2 this definition;

3   7. "Peak electrical load" means the highest level of electrical

4 demand in megawatts (MW) for a reporting period; and

5   8. "Water provider" means any municipal water system, rural

6 water district, wholesale water supplier, or private water utility

7 serving a hyperscale data center facility in Oklahoma.

8   SECTION 3.      NEW LAW  A new section of law to be codified

9 in the Oklahoma Statutes as Section 711.3 of Title 17, unless there

10 is created a duplication in numbering, reads as follows:

11  A. The Oklahoma Corporation Commission shall establish and

12 maintain a hyperscale data center directory that includes the

13 following data for each hyperscale data center facility located in

14 Oklahoma:

15  1. Company name;

16  2. Facility location:

17  a. city and county, and

18  b. street address or other specific address if publicly

19              available;

20  3. Annual electric usage in megawatt-hours (MWh);

21  4. Peak electrical load in megawatt-hours (MWh);

22  5. Annual water usage in gallons; and

23  6. Water source:

24  a. municipal supply,

    Req. No. 15763                                                Page 3
1   b. groundwater (with aquifer identified, if permitted),

2   c. surface water,

3   d. reclaimed water, or

4   e. other specified source.

5   B. The directory shall be published annually on the Corporation

6 Commission's website in a format that is accessible to the public.

7   SECTION 4.      NEW LAW  A new section of law to be codified

8 in the Oklahoma Statutes as Section 711.4 of Title 17, unless there

9 is created a duplication in numbering, reads as follows:

10  A. Each electric utility providing service to a hyperscale data

11 center in Oklahoma shall report to the Oklahoma Corporation

12 Commission annually:

13  1. The facility's total annual electric usage in megawatt-hours

14 (MWh)for the prior calendar year; and

15  2. Peak electrical load in megawatt-hours (MWh) recorded during

16 the prior calendar year.

17  Reports are due by April 1 of each year for the previous

18 calendar year.

19  B. Each water provider supplying a hyperscale data center

20 facility shall report to the Corporation Commission annually:

21  1. The facility's total annual water usage in gallons for the

22 prior calendar year; and

23  2. The primary water source category.

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    Req. No. 15763                                                Page 4
1   Reports are due by April 1 of each year for the previous

2 calendar year.

3   C. The Corporation Commission may request verification from the

4 hyperscale data center facility if discrepancies are identified

5 between utility-reported data and facility operations.

6   SECTION 5.      NEW LAW  A new section of law to be codified

7 in the Oklahoma Statutes as Section 711.5 of Title 17, unless there

8 is created a duplication in numbering, reads as follows:

9   A. To the extent required by state or federal law, the Oklahoma

10 Corporation Commission shall protect proprietary and critical

11 infrastructure information from public disclosure, including

12 specific address data if demonstrated to pose security concerns.

13  B. Aggregated and facility-level directory data that is not

14 confidential shall be publicly accessible.

15  SECTION 6.      NEW LAW  A new section of law to be codified

16 in the Oklahoma Statutes as Section 711.6 of Title 17, unless there

17 is created a duplication in numbering, reads as follows:

18  A. The Oklahoma Corporation Commission shall adopt any rules

19 necessary to implement and administer this act.

20  B. The Corporation Commission may enforce this act through

21 rules and procedures consistent with its regulatory authority,

22 including the imposition of administrative penalties for

23 noncompliance with reporting requirements.

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    Req. No. 15763                                                 Page 5
1   C. Failure to file required reports or the filing of false

2 information shall subject the reporting entity to penalties as

3 established by rule of the Corporation Commission.

4   SECTION 7. This act shall become effective November 1, 2026.

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6   60-2-15763      MJ  01/09/26

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    Req. No. 15763                                                Page 6
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