Oklahoma 2024 Regular Session

Oklahoma House Bill HB2315 Compare Versions

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Version 2 (New)

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1		-	An Act
2		-	ENROLLED HOUSE
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	3	+	ENGR. S. A. TO ENGR. H. B. NO. 2315 Page 1 1
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	28	+	ENGROSSED SENATE AMENDMENT
	29	+	TO
	30	+	ENGROSSED HOUSE
3	31		BILL NO. 2315 By: Hilbert of the House
4	32
5	33		and
6	34
7	35		Gollihare of the Senate
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	40	+	An Act relating to revenue and taxation; amending 68
	41	+	O.S. 2021, Sections 6504, 6506 and 6508 , which relate
	42	+	to the Driving on Road Infrastructure with Vehicles
	43	+	of Electricity Act of 2021; modifying provisions
	44	+	related to determination of tax rate; modifying
	45	+	reporting date for tax; modifying requirements with
	46	+	respect to the Oklahoma Tax Commission ; eliminating
	47	+	requirement for certain administrative rules; and
	48	+	providing an effective date.
12	49
13		-	An Act relating to electric vehicle charging tax;
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	53	+
	54	+	AMENDMENT NO. 1. Page 1, strike the title, enacting clause and
	55	+	entire bill and insert
	56	+
	57	+
	58	+	“An Act relating to electric vehicle charging tax;
14	59		amending 68 O.S. 2021, Sections 6504, 6506, and 6508,
15	60		which relate to the Driving on Road Infrastructure
16	61		with Vehicles of Electricity (DRIVE) Act of 2021;
17	62		modifying provisions related to determination of tax
18	63		rate; modifying reporting and remittance date for
19	64		tax; modifying requirements with respect to the
20		-	Oklahoma Tax Commission; updating statutory
	65	+	Oklahoma Tax Commission; eliminating requirement for
	66	+	certain administrative rules; imposing duties on
	67	+	Corporation Commission; providing for certain
	68	+	administrative determinations; updating statutory
21	69		reference; and providing an effective date .
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24	72
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26		-	~~SUBJECT~~: ~~Electric vehicle charging tax~~
	74	+	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
27	75
28		-	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
	76	+	ENGR. S. A. TO ENGR. H. B. NO. 2315 Page 2 1
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30	101		SECTION 1. AMENDATORY 68 O.S . 2021, Section 6504, is
31	102		amended to read as follows:
32		-
33	103		Section 6504. A. There is hereby imposed a tax of three cents
34	104		($0.03) per kilowatt hour or its equivalent, as determined by the
35	105		Oklahoma Tax Corporation Commission, on the electric current used to
36	106		charge or recharge the battery or batteries of an electric veh icle.
37	107		The tax shall be levied beginning January 1, 2024.
38		-
39	108		B. The amount of tax prescribed or authorized by this section
40	109		shall not include any fees or charges associated with the method for
41	110		payment for the charging service, but shall be based only upon the
42	111		rate of tax and the electricity transferred during the charging
43	112		process.
44		-
45	113		C. The tax imposed pursuant to this section shall not be
46		-	applicable to electric vehicles charged at a private residence at ~~ENR. H. B. NO. 2315 Page 2~~
	114	+	applicable to electric vehicles charged at a private residence at
47	115		which the owner or occupant of the residence uses electric power
48	116		paid for by the owner or occupant of the residence which is supplied
49	117		to the residence by a regulated public utility, an electric
50	118		cooperative or other wholesale level of electric supply, wheth er or
51	119		not supplemented by electric power produced by the o wner or occupant
52	120		using solar energy or other methods to provide electric power to the
53	121		residence.
54		-
55	122		D. The tax imposed pursuant to this section shall not be
56	123		applicable to electr ic vehicles charged at charging stations with a
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57	150		charging capacity of less than fi fty (50) kilowatts and charging
58	151		stations that do not require payment for use.
59		-
60	152		E. In order to determine an equivalent measurement as required
61	153		in subsection A of this section, the Oklahoma Tax Corporation
62	154		Commission shall promulgate rules that allow businesses, based on
63	155		the average cost that such business charged customers at the
64	156		business’s charging stations in the preceding year, to charge the
65	157		tax on a statewide percentage basis equivalent to the am ount of tax
66	158		that would otherwise have been charged had the rate provided in
67	159		subsection A of this section been applied in the preceding year.
68	160		The percentage basis equivalent shall be recalculated annually in
69	161		conjunction with the Oklahoma Tax through an administrative process
70		-	outlined in ~~Oklahoma~~ Corporation Commission rules. Parties who wish
71		-	to challenge the ~~admi nistrative~~ calculation shall follow the proc ess
	162	+	outlined in Corporation Commission rules. Parties who wish to
	163	+	challenge the administrative calculation shall follow the proc ess
72	164		outlined in Commissio n rules. Businesses with multiple charging
73	165		station locations in the state shall be authorized t o utilize the
74	166		same percentage basis equivalent a t all such locations. The
75		-	Oklahoma Corporation Commission shall provide the calculation , once
76		-	deemed final by rule, to t he Oklahoma Tax Commission for collection
77		-	from businesses.
78		-
	167	+	Corporation Commission shall provide the calculation , once deemed
	168	+	final by rule, to the Oklahoma Tax Commission for collection from
	169	+	businesses.
79	170		SECTION 2. AMENDATORY 68 O.S. 2021, Section 6506, is
80	171		amended to read as follows:
81		-
82	172		Section 6506. A. The For the period beginning January 1, 2024,
83	173		and ending December 31, 2 028, the tax imposed pursuant to the
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84	200		provisions of Section 4 6504 of this act title shall be remitted
85	201		monthly annually, not later than the twenty-seventh day of the first
86	202		month following the annual period, by each charging statio n owner or
87	203		operator. For the periods beginning January 1, 2029, and all
88	204		subsequent periods, the tax imposed pursuant to the provisions of
89	205		Section 6504 of this title shall b e remitted quarterly, not later
90		-	than the twenty-seventh day of the first month foll owing the ~~ENR. H. B. NO. 2315 Page 3~~
	206	+	than the twenty-seventh day of the first month foll owing the
91	207		quarterly period. The tax shall be remitted using such forms as the
92	208		Oklahoma Tax Commission may pr escribe for that purpose.
93		-
94	209		B. The tax and any Any required report shall be filed with the
95		-	~~Oklahoma~~ Tax Commission not later than the twentieth day of the
96		-	~~month~~ following the month dur ing which the electric charging for an
	210	+	Tax Commission not later than the twentieth day of the month
	211	+	following the month dur ing which the electric charging for an
97	212		electric vehicle occurred no later than the day taxes are required
98	213		to be remitted pursuant to subsection A of this section.
99		-
100	214		C. The charging station owner or operator shall separately
101	215		state on any invoice or billing document provided to the customer
102	216		the amount of the tax imposed pur suant to Section 4 6504 of this act
103	217		title and shall not include the tax amount in the total amount
104	218		billed to the customer.
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106	219		D. The provisions of this section shall not prohibit a charging
107	220		station owner or operator from imposing a fee or charge in addition
108	221		to the kilowatt hour or other equivalent unit of mea surement for the
109	222		transfer of electric power to an electric vehicle.
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111	249		E. Legacy chargers shal l be exempt from remitting the tax
112	250		levied in this section until November 1, 2041.
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114	251		F. Public charging stations that have ne ver charged a fee for
115	252		their use shall be exempt from remitting the tax levied in this
116	253		section until November 1, 2041.
117		-
118	254		SECTION 3. AMENDATORY 68 O.S. 2021, Section 6508, is
119	255		amended to read as follows:
120		-
121	256		Section 6508. A. Except for charging stations with a charging
122	257		capacity of less than fifty (50) kilowatts, and charging s tations
123	258		that do not require payment for use, all charging stations in
124	259		operation prior to the effective date of this act November 1, 2021,
125	260		shall register with the Oklahoma Tax Commission not later than
126	261		January 31, 2024. The Oklahoma Tax Commission shall provide or make
127	262		available updated registration info rmation to the Oklahoma
128	263		Corporation Commission.
129		-
130	264		B. For a charging station which requires payment for its use
131	265		and begins operations for the first time on or after November 1,
132	266		2021, the charging station owner or operator shall register with the
133	267		Oklahoma Tax Commission not later than fifteen (15) days after the
134	268		date as of which the first business operations at the station site
135		-	begin or by January 31, 2024, whicheve r is later. ENR. H. B. NO. 2315 Page 4
136		-
	269	+	begin or by January 31, 2024, whichever is later.
137	270		C. Any public charging station for an electric vehic le
138	271		constructed or which begins operations for the first time on or
139	272		after November 1, 2021, shall use the effective date of this act
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140	299		shall utilize a metering system that is capab le of imposing the cost
141	300		for the charging service using a unit per kilowatt hour or an
142	301		equivalent a comparable measurement as determined by the Tax
143		-	Commission, such as time elapsed while charging, and the ~~charging~~
	302	+	Commission, such as time elapsed while charging and the chargin g
144	303		capacity of the charging station, or such as the process described
145	304		in subsection E of Section 1 of this act. The metering system shall
146	305		include a system by which an audit of the electricity supplied
147	306		through the system may be performed to determine the amount of
148	307		electricity transferred to a customer and the cost charged by the
149	308		charging station owner or operator f or each unit of electricity
150	309		transferred.
151		-
152	310		D. The Oklahoma Tax Commission shall have the authority to
153	311		inspect the premises and equipment of any charging station owner or
154	312		operator to enforce compliance with the provisions of this section.
155		-
156	313		E. If a charging station owner or operator fails to remit the
157	314		tax as required by the provisions of this act the Driving on Road
158	315		Infrastructure with Vehicles of Electricity (DRIVE) Act of 2021, the
159	316		Oklahoma Tax Commission shall begin proceedings to terminate the
160	317		charging station owner or op erator license to do business for
161	318		failure to remit in the same manner as prescribed by law for failure
162	319		to remit sales tax.
163		-
164		-	SECTION 4. This act shall become effective November 1, 2023.
	320	+	SECTION 4. This act shall become effective November 1, 2023.”
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171		-	ENR. H. B. NO. 2315 Page 5
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173		-	Passed the House of Representative s the 8th day of May, 2023.
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175		-
176		-
177		-	Presiding Officer of the House
178		-	of Representatives
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181	350		Passed the Senate the 26th day of April, 2023.
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185	354		Presiding Officer of the Senate
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188		-
189		-	OFFICE OF THE GOVERNOR
190		-	Received by the Office of the Governor this ____________________
191		-	day of ___________________, 20_______, at _______ o'clock _______ M.
192		-	By: _________________________________
193		-	Approved by the Governor of the State of Oklahoma this _____ ____
194		-	day of _____________ ______, 20_______, at _______ o'clock _______ M.
	357	+	Passed the House of Representative s the ____ day of __________,
	358	+	2023.
195	359
196	360
197		-	_________________________________
198		-	Governor of the State of Oklahoma
199	361
200		-	OFFICE OF THE SECRETARY OF STATE
201		-	Received by the Office of the Secretary of State this __________
202		-	day of ___________________, 20______ _, at _______ o'clock _______ M.
203		-	By: _________________________________
	362	+	Presiding Officer of the House
	363	+	of Representatives
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	390	+	ENGROSSED HOUSE
	391	+	BILL NO. 2315 By: Hilbert of the House
	392	+
	393	+	and
	394	+
	395	+	Gollihare of the Senate
	396	+
	397	+
	398	+
	399	+
	400	+	An Act relating to revenue and taxation; amending 68
	401	+	O.S. 2021, Sections 6504, 6506 and 6508 , which relate
	402	+	to the Driving on Road Infrastructure with Vehicles
	403	+	of Electricity Act of 2021; modifying provisions
	404	+	related to determination of tax rate; modifying
	405	+	reporting date for tax; modifying requirements with
	406	+	respect to the Oklahoma Tax Commission ; eliminating
	407	+	requirement for certain administrative rules; and
	408	+	providing an effective date.
	409	+
	410	+
	411	+
	412	+
	413	+
	414	+	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
	415	+	SECTION 5. AMENDATORY 68 O.S . 2021, Section 6504, is
	416	+	amended to read as follows:
	417	+	Section 6504. A. There is hereby imposed a tax of three cents
	418	+	($0.03) per kilowatt hour or its equivalent, as determined by the
	419	+	Oklahoma Tax Corporation Commission, on the electric current used to
	420	+	charge or recharge the battery or batteries of an electric vehicle.
	421	+	The tax shall be levied beginning January 1, 2024.
	422	+	B. The amount of tax prescribed or authorized by this section
	423	+	shall not include any fees or charges associated with the method for
	424	+	payment for the charging service, but shall be based only upon the
	425	+
	426	+	ENGR. H. B. NO. 2315 Page 2 1
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	451	+	rate of tax and the electricity transferred during the charging
	452	+	process.
	453	+	C. The tax imposed pursuant to this section shall not be
	454	+	applicable to electric vehicles charged at a private residence at
	455	+	which the owner or occupant of the residence uses electric powe r
	456	+	paid for by the owner or occupant of the residence which is suppl ied
	457	+	to the residence by a regulated public utility, an electric
	458	+	cooperative or other wholesale level of electric supply, wheth er or
	459	+	not supplemented by electric power produced by the owner or occupant
	460	+	using solar energy or other methods to provide electric power to the
	461	+	residence.
	462	+	D. The tax imposed pursuant to this section shall not be
	463	+	applicable to electr ic vehicles charged at charging stations with a
	464	+	charging capacity of less than fifty ( 50) kilowatts and charging
	465	+	stations that do not require payment fo r use.
	466	+	E. In order to determine an equivalent measurement as required
	467	+	in subsection A of this section, the Oklahoma Tax Corporation
	468	+	Commission shall promulgate rules that allow businesses, based on
	469	+	the average cost that such business charged customers at the
	470	+	business's charging stations in the preceding year, to charge the
	471	+	tax on a percentage basis equivalent to the am ount of tax that would
	472	+	otherwise have been charged had the rate provided in subsection A of
	473	+	this section been applied in the preceding year. The percentage
	474	+	basis equivalent shall be recalculated annually in conjuncti on with
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	501	+	the Oklahoma Tax Corporation Commission. Businesses with multiple
	502	+	charging station locations in the state shall be authorized t o
	503	+	utilize the same percentage basis equivalent a t all such locations.
	504	+	SECTION 6. AMENDATORY 68 O.S. 2021, Section 6506, is
	505	+	amended to read as follows:
	506	+	Section 6506. A. The tax imposed pursuant to the provisions of
	507	+	Section 4 6503 of this act title shall be remitted monthly by each
	508	+	charging station owner or operator. The tax shall b e remitted using
	509	+	such forms as the Oklahoma Tax Commission may pr escribe for that
	510	+	purpose.
	511	+	B. The tax and any required report shall be filed with the Tax
	512	+	Commission not later than the twentieth twenty-seventh day of the
	513	+	month following the month during which the electric charging for an
	514	+	electric vehicle occurred.
	515	+	C. The charging station owner or operator shall separately
	516	+	state on any invoice or billing document provided to the customer
	517	+	the amount of the tax imposed pur suant to Section 4 6503 of this act
	518	+	title and shall not include the tax amount in the total amount
	519	+	billed to the customer.
	520	+	D. The provisions of this section shall not prohibit a charging
	521	+	station owner or operator from imposing a fee or charge in addition
	522	+	to the kilowatt hour or other equivalent unit of mea surement for the
	523	+	transfer of electric power to an electric vehicle.
	524	+
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	550	+	E. Legacy chargers shal l be exempt from remitting the tax
	551	+	levied in this section until November 1, 2041.
	552	+	F. Public charging stations that have ne ver charged a fee for
	553	+	their use shall be exempt from remitting the tax levied in this
	554	+	section until November 1, 2041.
	555	+	SECTION 7. AMENDATORY 68 O.S. 202 1, Section 6508, is
	556	+	amended to read as follows:
	557	+	Section 6508. A. Except for charging stations with a charging
	558	+	capacity of less than fifty (50) kilowatts, and charging s tations
	559	+	that do not require payment for use, all charging stations in
	560	+	operation prior to the effective date of this act shall regist er
	561	+	with the Oklahoma Tax Commission not later than January 31, 2024.
	562	+	The Oklahoma Tax Commission shall provide or make avai lable updated
	563	+	registration information to the Oklahoma Corpora tion Commission.
	564	+	B. For a charging station which requires payment for its use
	565	+	and begins operations for the first time on or after November 1,
	566	+	2021, the charging station owner or operator shall register with the
	567	+	Oklahoma Tax Commission not later than fift een (15) days after the
	568	+	date as of which the first business operations at the station site
	569	+	begin or by January 31, 2024, whichever is later.
	570	+	C. Any public charging station for an electric vehic le
	571	+	constructed or which begins operations for the first time o n or
	572	+	after November 1, 2021, shall use a metering system that is capab le
	573	+	of imposing the cost for the charging service using a unit per
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	600	+	kilowatt hour or an equivalent measurement as determined by the Tax
	601	+	Oklahoma Corporation Commission, such as time elapsed while charging
	602	+	and the charging capacity of the charging station, or such as the
	603	+	process described in subsection E of Section 1 6504 of this act
	604	+	title. The metering system shall include a system by which an audit
	605	+	of the electricity supplied t hrough the system may be perfo rmed to
	606	+	determine the amount of electricity transferred to a customer and
	607	+	the cost charged by the charging station owner or operator f or each
	608	+	unit of electricity transferred.
	609	+	D. The Oklahoma Tax Commission shall have the auth ority to
	610	+	inspect the premises and equipment of any charging station owner or
	611	+	operator to enforce compliance with the provisions of this section.
	612	+	E. If a charging station owner or operator fails to remit the
	613	+	tax as required by the provisions of this act, t he Oklahoma Tax
	614	+	Commission shall begin proceedings to terminate the charging station
	615	+	owner or operator license to do business for failure to remit in the
	616	+	same manner as prescribed by law for failure to remit sales tax.
	617	+	SECTION 8. This act shall become effective November 1, 2023.
	618	+
	619	+	ENGR. H. B. NO. 2315 Page 6 1
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	643	+
	644	+	Passed the House of Representatives the 8th day of March, 2023.
	645	+
	646	+
	647	+
	648	+
	649	+	Presiding Officer of the House
	650	+	of Representatives
	651	+
	652	+
	653	+
	654	+	Passed the Senate the ___ day of __________, 2023.
	655	+
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	658	+
	659	+	Presiding Officer of the Senate
	660	+
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	662	+