STATE OF OKLAHOMA

2nd Session of the 53rd Legislature (2012)

SENATE BILL 1029	By:	David

AS INTRODUCED

An Act relating to the Grand River Dam Authority; amending 82 O.S. 2011, Section 861A, which relates to creation of the district; updating statutory reference; and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     82 O.S. 2011, Section 861A, is amended to read as follows:
Section 861A.  A.  The Grand River Dam Authority, created pursuant to the provisions of the Grand River Dam Authority Act, Section 861 et seq. of Title 82 of the Oklahoma Statutes, is a nonappropriated agency of the State of Oklahoma.  The Grand River Dam Authority herein referred to as the “district” is subject to the laws of the state as they apply to state agencies except as specifically exempted by statute.  All funds generated, received and expended by the district are public funds and subject to state laws and regulations governing the receipt and expenditure of public funds in the same manner as all other state agencies.  The employees of the district are both classified and unclassified state employees subject to the same benefits and restrictions applicable to all state agencies except as otherwise provided by statute.
B.  Recognizing that the district is a unique agency of this state, whose mission requires the ability of the district to function in competition with private industry within the competitive power market, the Legislature hereby requires the Grand River Dam Authority Board of Directors as the rulemaking authority for the district to:
1.  Promulgate appropriate rules governing operations of the agency pursuant to the provisions of Article I of the Administrative Procedures Act, with the exception of rules dealing with the waters of the Grand River and its tributaries; and
2.  Develop written policies and procedures consistent with state laws governing the district’s activities including marketing, consumer education, community relations and customer service functions performed by the district.
C.  The district is required to document business expenses necessary to carry out the business of the district.  Expenses shall meet current State of Oklahoma and Internal Revenue Service guidelines for business expense deductibility.
D.  If necessary to comply with the provisions of this act section, the Board may, by majority vote, employ an independent audit firm to assist it in its duties.  Funds required for this purpose shall be borne by the district with approval by the Board.
E.  The Board of Directors or the management of the district may seek advice from the State Treasurer or the State Bond Advisor as it deems necessary.
F.  After the effective date of this act August 29, 2003, the district shall not provide retail electric power or retail electric service to electric consuming facilities except to:
1.  An existing electric consuming facility if such electric power was being provided by the district on the effective date of this act August 29, 2003; and
2.  Any entity located within the boundary of the Oklahoma Ordnance Works Authority/Mid-America Industrial Park or within a two-mile radius of the boundary.
Retail distribution of electric power shall be defined as any sale not for resale.
SECTION 2.  It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.

53-2-2721	MJM	12/30/2011 10:04:29 AM