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1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 279 By: Green
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6 AS INTRODUCED
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7 An Act relating to electric transmission; defining
7 terms; establishing requirements for submission of
8 certificate of authority; requiring transmission
8 developer to submit certain application for
9 certificate of authority prior to certain
9 transmission development; stating contents of
10 application; requiring approval of certificate prior
10 to certain transfer; providing for approval of
11 applications under certain circumstances; providing
11 for fee assessment; authorizing rule promulgation;
12 providing for codification; and declaring an
12 emergency.
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15 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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16 SECTION 1. NEW LAW A new section of law to be codified
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17 in the Oklahoma Statutes as Section 295 of Title 17, unless there is
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18 created a duplication in numbering, reads as follows:
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19 As used in this act:
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20 1. "Certificate of authority" means authorization for a
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21 transmission developer by an order of the Corporation Commission
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22 through filing of a case with an application, notice, and hearing.
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23 The Corporation Commission shall establish a specific electric
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24 transmission facility docket for the filing of such cases;
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Req. No. 227 Page 1
1 2. "Electric transmission facility" means a high-voltage
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2 transmission line or high-voltage associated transmission facility
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3 with a rating of greater than three hundred (300) kilovolts;
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4 3. "FERC" means the Federal Energy Regulatory Commission;
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5 4. "Transfer" means any sale, assignment, or change in
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6 ownership of the electric transmission facility by a transmission
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7 developer; and
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8 5. "Transmission developer" means any person, firm,
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9 corporation, or entity that develops, owns, operates, controls,
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10 manages, or maintains an electric transmission facility within this
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11 state and is licensed to do business in this state.
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12 SECTION 2. NEW LAW A new section of law to be codified
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13 in the Oklahoma Statutes as Section 296 of Title 17, unless there is
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14 created a duplication in numbering, reads as follows:
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15 A. This section shall not be construed to require any Oklahoma
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16 retail electric supplier or rural electric cooperative to secure a
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17 certificate of authority for any extension, rebuild, or upgrade of
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18 an existing electric transmission facility within or through any
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19 territory already served by it or to facilities owned by it.
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20 B. A transmission developer shall file an application to obtain
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21 a certificate of authority from the Corporation Commission for each
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22 electric transmission facility. No electric transmission facility
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23 shall be commenced without obtaining a certificate of authority.
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24 The application shall include, but is not limited to, the following:
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Req. No. 227 Page 2
1 1. The name, address, and contact information, including at
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2 least one named representative of the transmission developer and a
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3 telephone number and electronic mail address for each such
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4 representative;
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5 2. A description and a map or plat for any proposed electric
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6 transmission facility route or alternative route, regardless of
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7 whether a transmission developer has made a submission or received
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8 approval from the Southwest Power Pool or any other applicable
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9 regional planning process or other federal authority, or made no
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10 submission or received approval from any such entities;
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11 3. Identification of any and all such counties within any
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12 proposed electric transmission facility route or alternative route;
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13 and
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14 4. Identification of any energy resource to which the electric
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15 transmission facility is to be directly connected or, to the extent
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16 known, resources to which the electric transmission facility could
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17 be connected to integrate existing natural gas or other resource
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18 generation.
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19 C. If the transmission developer is required to file subsequent
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20 forms with FERC or any other agency or organization due to changing
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21 routes or heights of individual structures from the locations or
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22 heights originally proposed, the transmission developer shall,
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23 within ten (10) days of filing with FERC or other agency or
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24 organization, file such subsequent forms with the Corporation
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Req. No. 227 Page 3
1 Commission. A transmission developer shall not be required to start
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2 the notification process over unless the subsequent FERC or other
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3 agency or organization application expands the project beyond the
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4 original boundaries in the application filed with the Corporation
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5 Commission.
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6 D. Prior to or at the time of the hearing on the certificate of
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7 authority, the transmission developer shall provide:
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8 1. Within thirty (30) days after filing an application with the
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9 Corporation Commission as provided for in subsection B of this
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10 section, proof of publication that the transmission developer caused
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11 a copy of the notice of the application to be published in a
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12 newspaper of general circulation in the county or counties in which
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13 all or a portion of the electric transmission facility is to be
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14 located;
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15 2. Within sixty (60) days after filing an application with the
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16 Corporation Commission as provided for in subsection B of this
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17 section, proof of service that the transmission developer caused a
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18 copy of the notice to be sent, by certified mail, to:
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19 a. the board of county commissioners of every county in
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20 which all or a portion of the electric transmission
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21 facility is to be located, and, if all or a portion of
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22 the electric transmission facility is to be located
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23 within the incorporated area of a municipality, the
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24 governing body of the municipality,
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1 b. all surface landowners, as reflected in the public
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2 land records of the county clerk's office upon which
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3 all or any part of the surface estate is located
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4 within the electric transmission facility route or
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5 alternative route,
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6 c. any operator, as reflected in the records of the
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7 Corporation Commission, who is conducting oil and gas
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8 operations upon all or any part of the surface estate
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9 as to which the transmission developer intends the
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10 construction of the electric transmission facility,
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11 and
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12 d. any operator, as reflected in the records of the
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13 Corporation Commission, of an unspaced unit or a unit
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14 created by order of the Corporation Commission, who is
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15 conducting oil and gas operations for the unit where
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16 all or any part of the unit area is within the
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17 geographical boundaries of the surface estate as to
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18 which the transmission developer intends the
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19 construction of the electric transmission facility.
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20 If the transmission developer makes a search with reasonable
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21 diligence, and the whereabouts of any party entitled to any notice
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22 described in this subsection cannot be ascertained or such notice
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23 cannot be delivered, then an affidavit attesting to such diligent
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24 search for the parties shall be filed with Corporation Commission;
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Req. No. 227 Page 5
1 3. That a public meeting was held by the transmission developer
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2 in the county or counties in which all or a portion of the electric
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3 transmission facility is to be located. Notice of the public
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4 meeting shall be published in a newspaper of general circulation and
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5 submitted to the board of county commissioners in the county or
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6 counties in which all or a portion of the electric transmission
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7 facility is to be located. The notice shall contain the place,
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8 date, and time of the public meeting. Proof of publication of the
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9 notice shall be submitted to the Corporation Commission;
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10 4. An attestation that the transmission developer has
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11 sufficient insurance coverage to cover any and all aspects of the
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12 electric transmission facility from commencement of the electric
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13 transmission facility through operation and maintenance;
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14 5. That impacts to the environment and public safety will be
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15 addressed by the transmission developer;
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16 6. That a safety plan is in place and will be updated for the
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17 electric transmission facility and provided to the Corporation
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18 Commission upon request;
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19 7. That the electric transmission facility is beneficial and in
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20 the public interest;
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21 8. That a decommission plan is in place that identifies the
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22 methodology used to mitigate potential impacts resulting from the
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23 cessation of operation at the end of the electric transmission
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24 facility's useful life which includes, but is not limited to:
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Req. No. 227 Page 6
1 a. identification of the specific project components that
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2 will be removed,
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3 b. description of the decommissioning process in the
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4 event of abandonment during construction and
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5 abandonment during operation,
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6 c. a description of the process used for land and road
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7 restoration, and
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8 d. the financial capability, including a financial surety
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9 guarantee, the form and amount to be determined by the
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10 Corporation Commission, which shall remain in effect
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11 until release is authorized by the Corporation
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12 Commission; and
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13 9. Any additional information required by the Corporation
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14 Commission shall be requested from the transmission developer prior
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15 to or during the hearing including, but not limited to, information
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16 related to potential impacts to ad valorem taxes to surface
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17 landowners.
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18 E. Approval through an order of the Corporation Commission is
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19 required prior to the effectiveness of any transfer.
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20 F. Within two hundred (200) days of filing the original
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21 application or any amended application with the Corporation
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22 Commission, if the transmission developer has met the aforementioned
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23 requirements, the Corporation Commission shall issue an order
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24 granting a certificate of authority. Failure to issue an order on a
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Req. No. 227 Page 7
1 completed application by the Corporation Commission shall result in
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2 the certificate of authority being deemed granted.
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3 G. The Corporation Commission may assess a filing fee for any
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4 certificate of authority, not to exceed One Thousand Dollars
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5 ($1,000.00). The Corporation Commission may promulgate rules to
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6 effectuate the provisions of this section.
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7 SECTION 3. It being immediately necessary for the preservation
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8 of the public peace, health or safety, an emergency is hereby
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9 declared to exist, by reason whereof this act shall take effect and
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10 be in full force from and after its passage and approval.
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Req. No. 227 Page 8Every fact on this page links to its source, starting with the official bill record.