ENGR. H. A. to ENGR. S. B. NO. 1071 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ENGROSSED HOUSE AMENDME NT TO ENGROSSED SENATE BILL NO . 1071 By: Montgomery of the Senate and Wallace of the House [ income tax - exemption - eligibility - application - codification - effective date ] AUTHOR: Add the following House Coauthor: Boles AMENDMENT NO. 1. Strike the stricken title, enacting clause, and entire bill and insert: "[ income tax – exemption – hydrogen manufacturer – effective date ] BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA : SECTION 1. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Sec tion 2357.91 of Title 68, unless there is created a duplication in numbering, reads as follows : A. For tax years 2024 through 2034, the first Ten Million Dollars ($10,000,000.00) of revenues generated from the operation of a newly constructed establishment in this state placed in service after the effective date of this act, primarily engaged in the manufacture of hydrogen classified in the NAICS Manual under U.S. ENGR. H. A. to ENGR. S. B. NO. 1071 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Industry No. 325120, shall be exempt from the tax imposed by Section 2355 of Title 68 of the Oklahoma Statutes for the first five (5) years of operations. B. To qualify for the exemption provided in subsection A of this section, an establishment shall pay wages or salaries at a wage that equals or exceeds the average wage requirements in the Oklahoma Quality Jobs Program Act, Section 3601 et seq. of Title 68 of the Oklahoma Statutes. C. Eligibility for an establishment pursuant to this section for each applicable tax year shall be determined by the Oklahoma Tax Commission, upon the annual filing of an application provided by the Commission stating that th e establishment qualifies and containing information as may be required by the Commission. SECTION 2. This act shall become effective November 1, 2023." Passed the House of Representatives the 27th day of April, 2023. Presiding Officer of the House of Representatives Passed the Senate the ____ day of _______ ___, 2023. Presiding Officer of the Senate ENGR. S. B. NO. 1071 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ENGROSSED SENATE BILL NO. 1071 By: Montgomery of the Senate and Wallace of the House [ income tax - exemption - eligibility - application - codification - effective date ] BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA : SECTION 3. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Sec tion 2357.91 of Title 68, unless there is created a duplication in numb ering, reads as follows : A. For tax years 2024 through 2034, revenues generated from the operation of a newly constructed establishment in this state placed in service after the effective date of this act, primarily engaged in the manufacture of hydrogen classified in the NAICS Manual under U.S. Industry No. 325120, shall be exempt from the tax imposed by Section 2355 of Title 68 of the Oklahoma Statutes for the first five (5) years of operations. B. To qualify for the exemption provided in subsec tion A of this section, an esta blishment shall meet the following requirements: 1. The natural gas used in the production of the hydrogen shall be produced in this state ; and ENGR. S. B. NO. 1071 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2. Payment of wages or salaries at a wage that equals or exceeds the average wage requirements in the Oklahoma Quality Jobs Program Act, Section 3601 et seq. of Title 68 of the Oklahoma Statutes. C. Eligibility for an establishment pursuant to this section for each tax year shall be determined by the Oklahoma Tax Commission, upon the annual filing of an application provided by the Commission stating that the establishment qualifies and containing information as may be required by Commission. SECTION 4. This act shall become effective November 1, 2023. Passed the Senate the 20th day of March, 2023. Presiding Officer of the Senate Passed the House of Representatives the ____ day of __________, 2023. Presiding Officer of the House of Representatives