Subsidies. 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 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.
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