1. A. For energy storage resource facilities located in areas where no recognized local authority having jurisdiction exists, and where, as a result, any component of an energy storage resource facility or the energy storage resource facility itself is subject to inspections, plan reviews, or permits from the Office of the Oklahoma State Fire Marshal, as provided in the codes adopted by the Oklahoma Uniform Building Code Commission, the State Fire Marshal Commission may establish a fee rate of no more than six cents ($0.06) per square foot of surface physically occupied aboveground by energy storage resource facility infrastructure. Such fee shall be inclusive of all inspections, plan reviews, permit issuance, and other review actions undertaken by the Office of the Oklahoma State Fire Marshal in connection with the project, and the total fee shall not exceed Five Hundred Thousand Dollars ($500,000.00) for any individual energy storage resource facility. Nothing in this section shall be construed to authorize the collection of fees beyond said amount, except as otherwise provided by law. Where a recognized local authority having jurisdiction exists, such local authority is subject to the same fee limitations as the Office of the Oklahoma State Fire Marshal established in this subsection.

2. B. Any fees collected pursuant to subsection A of this section shall be distributed as follows:

   1. 1. Seventy-five percent (75%) of such fees shall be distributed to the local fire department providing primary fire protection services to the jurisdiction where the facility is located, within sixty (60) days of receipt. Funds distributed under this paragraph shall be used solely for fire protection, fire prevention, inspections, training, or emergency response activities related to the facility; and
   2. 2. Twenty-five percent (25%) of such fees shall be distributed to the permit issuing authority, whether the Office of the Oklahoma State Fire Marshal or a recognized local authority having jurisdiction, if delegated.
3. C. For purposes of this section, "recognized local authority having jurisdiction" means a city, town, college, county, or fire protection district that has been recognized by the Office of the Oklahoma State Fire Marshal as the authority having jurisdiction for permits, inspections, and enforcement under the adopted codes.
4. D. The Office of the Oklahoma State Fire Marshal or a local authority having jurisdiction, where applicable, shall complete any review subject to subsection A of this section as soon as practicable, and in no event later than thirty (30) calendar days following receipt of complete site plans. In the event the Office of the Oklahoma State Fire Marshal does not complete its review within thirty (30) calendar days, any applicable permits and certificates shall be deemed issued.
5. E. The State Fire Marshal Commission shall adopt rules as necessary to implement the provisions of this section, pursuant to Section 324.9 of Title 74 of the Oklahoma Statutes, including, but not limited to, fee collection and distributions.

Laws 2026, HB 3464, c. 155, § 8, emerg. eff. July 1, 2026.