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Energy, Environment & Utilities
SB 220(5)
(Easley/Glover): SB 220 failed in the House and was not enacted. The
bill would have restructured the electric industry by requiring separation
of generation, transmission and distribution assets of retail electric
providers so that electric generation would have become an unregulated
competitive service, thereby giving consumers their choice of electric
generation providers after July 1, 2002. Transmission and distribution
services would have remained regulated by various oversight and supervision
authorities. Investor-owned entities and electric cooperatives so electing
would have been supervised by the Corporation Commission; self-regulated
electric cooperatives would have been supervised by their board of trustees;
municipalities opting to come under the provisions of the act would
have been supervised by their governing bodies. Municipalities choosing
not to opt in to the provisions of the act would have been prohibited
from extending electric service outside of their municipal boundaries
and their consumers would not have access to competitive electric services.
The Grand River Dam Authority was required to conduct a study to determine
the benefits of opting to participate in the act. Each oversight and
supervision authority was required to provide open access to its retail
consumers for competitive electric services and implement consumer protections
required by the act. The act provided a process to determine firm territorial
boundaries in certain parts of the state where more than one electric
distributor currently provides service, thus eliminating expensive duplication
of service. The bill contained extensive changes to the current ad valorem
tax statutes and implemented a replacement tax based on electric consumption
and a formula distributing the funds to the various schools and local
governments currently receiving ad valorem taxes. The bill contained
a requirement for electric distributors to purchase nine percent of
the electric power consumed in this state from renewable energy technologies
by January 1, 2008, if the renewable power was available. The State
of Oklahoma was mandated to purchase ten percent of its electric needs
from renewable sources if it was available. There was a two and one-half
cent per kWh tax credit included for new facilities generating zero
emission power. Some of the sections of the bill would have been effective
immediately to allow entities to begin the asset separation process
and the oversight and supervision authorities to begin their rulemaking
process. Other sections would have been effective upon the implementation
date of electric restructuring, July 1, 2002.
The 2nd Conference Committee Substitute
for SB220 was heard on May 25, 2000, and included changes suggested
by the Attorney General which gave additional powers to the Corporation
Commission to mitigate any market power problems which could have arisen
after 2005 if there was not enough demonstrated competition in the electric
generation marketplace.
SB 809(1)
(Stipe/Rice): Authorizes the Corporation Commission to administer a
hazardous waste transportation registration and permitting program for
motor carriers engaged in transporting hazardous waste within this state.
The bill also repeals a fee of $20.00 per trailer per year for transporter
trailer registration for hazardous waste disposal. Effective 4-24-00.
SB 1048(1)
(Easley/Rice): Includes various provisions relating to oil and gas and
revenue and taxation, as follows:
- Modifies circumstances under which
Corporation Commission may not order oil or gas well plugged or closed.
Under current law, closure cannot be ordered if the price of oil falls
below $15 per barrel. The bill provides that closure cannot be ordered
if the well is
located on an otherwise producing oil or gas lease;
- Prohibits the Corporation Commission
from promulgating, enforcing or interpreting rules inconsistent or
more restrictive than the U.S. Secretary of Transportation for pipeline
transportation and pipeline facilities; clarifies provisions relating
to "liaisons";
- Extends existing gross production tax
incentives until July 1, 2003;
- Exempts production from secondary recovery
property for up to 5 years;
- Includes wells which experience casing
leaks or other failures within the definition of "inactive wells";
- Modifies the base production level for
the exemption on production enhancement projects so that it is based
on the well's decline curve;
- Exempts production based on three-dimensional
seismic technology;
- Increases the price caps above which
the exemptions do not apply from $25 to $30 for oil and from $3 to
$3.50 for gas;
- Requires persons distributing revenue
to royalty interest owners to withhold 6.75% of the payments and remit
such amounts to the Tax Commission;
- Allows an income tax credit in the amount
of such withholdings;
- Provides for quarterly remittance of
such withholdings;
- Provides penalties for failure to properly
remit withholdings; and
- Allows insurance companies that have
operated a regional home office in Oklahoma that have qualified for
an insurance premium tax credit to continue to receive the credit
if the home office is moved to Oklahoma.
Effective 7-1-00 for Sections 1, 5 and
10 and 10-1-00 for Sections 6-9.
SB 1187(1)
(Rozell/Culver) Creates a new process for use by the Oklahoma Water
Resources Board to update water right permits that have been issued,
but are not being used. This change should allow new permits to be issued
to meet current needs. The bill also expands the area that the Scenic
Rivers Commission may secure. Effective upon signature.
SB 1217(1)
(Easley/Rice): Requires the Department of Environmental Quality to file
a recordable notice of remediation activities related to environmental
damages in the land records of the county where the property is located.
Effective 4-14-00.
SB 1223(1)
(Easley/Rice): Clarifies the jurisdictional areas of responsibility
over certain types of solid waste and underground injection wells between
the Department of Environmental Quality and the Corporation Commission.
Effective 6-6-00.
SB 1244(1)
(Shurden/Leist): Modifies the definitions in the Solid Waste Management
Act and prohibits state agencies from developing a plan to utilize suitable
solid waste to reclaim lands damaged by surface mining activities. Effective
5-3-00.
SB 1375(1)
(Helton/Glover): Creates the Cache Creek Water Supply and Flood Impact
Task Force to study the operation of Lake Lawtonka and Lake Ellsworth
to maximize water supply and recreation capacity in the region. Effective
6-7-00.
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