Section 160.32. As used in this act the Oklahoma Electric Vehicle Charging Act:

1. “Commission” means the Corporation Commission;

2. “Direct current fast charging station” means an electric vehicle charging system capable of delivering electricity at a minimum of fifty (50) kilowatts direct current to an electric vehicle's rechargeable battery at a minimum voltage of two hundred (200) volts;

3. “Electric cooperative” means an electric cooperative corporation organized under Section 437.1 of Title 18 of the Oklahoma Statutes that provides electric service to the public;

4. “Electric vehicle” means a 100%–electric or plug-in hybrid electric motor vehicle with the following characteristics:

5. “Electric vehicle charging provider” means the owner of an electric vehicle charging station operating in a retail electric supplier's designated service area;

6. “Fuel cell” means a cell that converts the chemical energy of hydrogen directly into electricity through electrochemical reactions;

8. “Make-ready infrastructure” means the electrical infrastructure required to service an electric vehicle charging station's electrical load on the retail electric supplier's or municipal corporation's side of the electric meter, but shall not include an electric vehicle charging station;

7. 9. “Retail electric supplier” means any person, firm, corporation, association, electric cooperative, or beneficial trusts thereof engaged in the furnishing of retail electric service not to include municipal corporations; and

8. 10. “Retail electric service” means electric service furnished to a consumer for ultimate consumption.

Section 160.33. A. A retail electric supplier or a subsidiary or affiliate thereof that provides, owns, operates, or maintains a direct current fast charging station or hydrogen fueling station directly to the public shall do so only through a separate, unregulated entity and must do so on the same fees, terms, charges, and conditions offered to private providers of electric vehicle charging stations.

B. After December 31, 2023, any electric vehicle charging station or hydrogen fueling station that is provided by, owned, operated, or maintained by a retail electric supplier, or a subsidiary or affiliate thereof, shall not, directly or indirectly, be subsidized by any fee or charge associated with the retail electric service provider's regulated service offerings.

C. An electric vehicle charging provider shall not be considered to be a public utility pursuant to the provisions of Section 151 of Title 17 of the Oklahoma Statutes or a retail electric supplier pursuant to the provisions of this act the Oklahoma Electric Vehicle Charging Act or Section 158.22 of Title 17 of the Oklahoma Statutes.

D. Nothing in this section shall be construed to restrict a retail electric supplier or municipal corporation from subsidizing the costs of make-ready infrastructure through fees or charges for services provided by its regulated services so long as such subsidy is offered to electric vehicle charging providers on a nondiscriminatory basis between such providers.

Section 160.35. A municipality that owns or operates an electric charging station or hydrogen fueling station that begins operations after the effective date of this act November 1, 2023, shall not use revenues derived by the municipality from the sale of electric power delivered through a municipally owned electric distribution system in order to construct or maintain such electric charging station or hydrogen fueling station and the municipality shall keep such accounts, books, and records as may be required in order for an audit of the municipal expenditures to be performed at any time in order for the municipality to prove compliance with the provisions of this section.

A. Nothing in Sections 160.33, 160.34, 160.35, or 160.36 of Title 17 of the Oklahoma Statutes shall be construed to prohibit an electric supplier or municipal corporation from operating, leasing, installing, or otherwise procuring service from an electric vehicle charging station or hydrogen fueling station on its own premises for the sole purpose of serving its own electric vehicles that is not open to the public.

B. Nothing in Sections 160.33, 160.34, 160.35, and 160.36 of Title 17 of the Oklahoma Statutes shall be construed to apply to an electric vehicle charging station or hydrogen fueling station that was constructed, provided by, owned, operated, or maintained by a retail electric supplier or municipal corporation prior to November 1, 2023.