Oklahoma 2024 Regular Session

Oklahoma House Bill HB3854 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3		-	~~Req~~. No. ~~11107~~ Page 1 1
	3	+	ENGR. S. A. TO ENGR. H. B. NO. 3854 Page 1 1
4	4		2
5	5		3
6	6		4
7	7		5
8	8		6
9	9		7
10	10		8
11	11		9
12	12		10
13	13		11
14	14		12
15	15		13
16	16		14
17	17		15
18	18		16
19	19		17
20	20		18
21	21		19
22	22		20
23	23		21
24	24		22
25	25		23
26	26		24
27	27
28		-	STATE OF OKLAHOMA
29		-
30		-	2nd Session of the 59th Legislature (2024)
31		-
32		-	CONFERENCE COMMITTEE
33		-	SUBSTITUTE
34		-	FOR ENGROSSED
35		-	HOUSE BILL NO. 3854 By: Cornwell of the House
	28	+	ENGROSSED SENATE AMENDMENT
	29	+	TO
	30	+	ENGROSSED HOUSE
	31	+	BILL NO. 3854 By: Cornwell of the House
36	32
37	33		and
38	34
39	35		Bergstrom of the Senate
40	36
41	37
42	38
43	39
44		-	CONFERENCE COMMITTEE SUBSTITUTE
	40	+	[ revenue and taxation – investment rebate program -
	41	+	qualifying criteria – application – Oklahoma
	42	+	Department of Commerce – claims and payments –
	43	+	amount of rebate – conditional prequalification –
	44	+	Water Infrastructure for Economic Development Fund
	45	+	– appropriation – codification ]
45	46
46		-	An Act relating to revenue and taxation; creat ing
47		-	investment rebate program until certain date;
48		-	providing qualifying criteria; requiring submission
49		-	of application; requiring the Oklahoma Department of
50		-	Commerce to approve or disa pprove certain claims and
51		-	issue payment; limiti ng source of payments; making
52		-	payments contingent upon deposi ts to certain fund;
53		-	providing amount of rebate; authori zing conditional
54		-	prequalification; creating the Water Infrastructure
55		-	for Economic Development Fund; establishing fund
56		-	procedures; providing sources of funds; directing
57		-	transfer of unencumbered f und upon certain date;
58		-	making an appropriation; providing for codification;
59		-	and declaring an emergency.
	47	+
	48	+
	49	+
	50	+	AMENDMENT NO. 1. Page 1, strike the stricken title, enacting clause
	51	+	and entire bill and insert
	52	+
	53	+
	54	+	“[ revenue and taxation – investment rebate program -
	55	+	qualifying criteria – application – Oklahoma
	56	+	Department of Commerce – claims and payments – amount
	57	+	of rebate – conditional prequalification – Water
	58	+	Infrastructure for Economic Development Fund –
	59	+	appropriation – codification ]
60	60
61	61
62	62
63	63
64	64		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
65		-	SECTION 1. NEW LAW A new section of law to be codified
66		-	in the Oklahoma Statutes as Section 3648.1 of Title 68, unless there
67		-	is created a duplication in numbering, reads as follows:
68		-	A. There is hereby created until July 1, 2029, an i nvestment
69		-	rebate program for the cost of water and wastewater infrastructure
70	65
71		-	~~Req~~. No. ~~11107~~ Page 2 1
	66	+	ENGR. S. A. TO ENGR. H. B. NO. 3854 Page 2 1
72	67		2
73	68		3
74	69		4
75	70		5
76	71		6
77	72		7
78	73		8
79	74		9
80	75		10
81	76		11
82	77		12
83	78		13
84	79		14
85	80		15
86	81		16
87	82		17
88	83		18
89	84		19
90	85		20
91	86		21
92	87		22
93	88		23
94	89		24
95	90
	91	+	SECTION 1. NEW LAW A new section of law to be codified
	92	+	in the Oklahoma Statutes as Section 3648.1 of Title 68, unless there
	93	+	is created a duplication in numberi ng, reads as follows:
	94	+	A. There is hereby created until July 1, 2029, an investment
	95	+	rebate program for the cost of water and wastewater infrastructure
96	96		investments by municipalities with a population between five
97	97		thousand (5,000) and seven thousand (7,000), according to the latest
98	98		Federal Decennial Census.
99	99		B. To be eligible for consideration for an investment rebate
100	100		payment awarded under the provisions of this act, the municipality
101	101		shall:
102	102		1. Submit an application and documentation to the Oklahoma
103	103		Department of Commerce, as required by the Department, outlining the
104	104		planned water and wastewater infrastructure expenditures of at least
105	105		Thirty Million Dollars ($30,000,000.00);
106	106		2. Provide documentation that the water and wastewater
107	107		infrastructure expenditures ar e to provide services for an
108	108		establishment, to be placed in service after the effective date of
109	109		this act, that is defined or classified in the NAICS Manual under
110	110		Industry Group No. 721211 or 71311 and whose combined capital
111	111		investment exceeds One Hundred M illion Dollars ($100,000,000.00);
112	112		3. Provide documentation that the water and wastewater
113	113		infrastructure expenditures are to provide services for an
114		-	establishment within an incentive or increment district created and
115		-	approved pursuant to the Local Development Act, Section 850 et seq.
116		-	of Title 62 of the Oklahoma Statutes; and
117		-	4. Have made expenditures of no less than twenty percent (20%)
118		-	of the water and wastewater infrastructure expenditure plan outlined
119		-	in the application submitted by the municipality.
	114	+	establishment within an incentive or increment district formed
120	115
121		-	~~Req~~. No. ~~11107~~ Page 3 1
	116	+	ENGR. S. A. TO ENGR. H. B. NO. 3854 Page 3 1
122	117		2
123	118		3
124	119		4
125	120		5
126	121		6
127	122		7
128	123		8
129	124		9
130	125		10
131	126		11
132	127		12
133	128		13
134	129		14
135	130		15
136	131		16
137	132		17
138	133		18
139	134		19
140	135		20
141	136		21
142	137		22
143	138		23
144	139		24
145	140
	141	+	pursuant to the Local Development Act, Secti on 850 et seq. of Title
	142	+	62 of the Oklahoma Statutes; and
	143	+	4. Have made expenditures of no less than twenty percent (20%)
	144	+	of the water and wastewater infrastructure expenditure plan outlined
	145	+	in the application submitted by the municipality.
146	146		C. 1. The Oklahoma Department of Commerce shall approve or
147	147		disapprove claims for rebates and shall issue payment for all
148	148		approved claims from funds held in the Water Infrastructure for
149	149		Economic Development Fund created in Section 2 of this act.
150	150		2. The Department shall disapprove all applications and claims
151	151		or any portion of applications and claims for rebates that would
152	152		exceed the balance of available funds in the Water Infrastructure
153	153		for Economic Development Fund.
154	154		3. The total amount of applications approved and inves tment
155	155		rebate payments awarded under the provisions of this act shall not
156	156		exceed the total amount of monies designated by law for deposit to
157	157		the Water Infrastructure for Economic Development Fund.
158	158		D. 1. Subject to the approval and ongoing review of the
159	159		eligibility application by the Oklahoma Department of Commerce, the
160	160		investment rebate payment authorized by this act shall be equal to
161	161		the cost of the water and wastewater infrastructure expenditures in
162	162		the year of expenditure , not to exceed Thirty -five Million Dollars
163	163		($35,000,000.00) for any municipality .
164		-	2. The Department is authorized to conditionally prequalify and
165		-	account for anticipated future investment rebate payments. The
166		-	Oklahoma Department of Com merce shall not prequalify investment
167		-	rebate payments, encumber funds, pre -encumber funds, or otherwise
168		-	allocate resources that would res ult in the allocation of investment
169	164
170		-	~~Req~~. No. ~~11107~~ Page 4 1
	165	+	ENGR. S. A. TO ENGR. H. B. NO. 3854 Page 4 1
171	166		2
172	167		3
173	168		4
174	169		5
175	170		6
176	171		7
177	172		8
178	173		9
179	174		10
180	175		11
181	176		12
182	177		13
183	178		14
184	179		15
185	180		16
186	181		17
187	182		18
188	183		19
189	184		20
190	185		21
191	186		22
192	187		23
193	188		24
194	189
	190	+	2. The Department is authorized to conditionally prequalify and
	191	+	account for anticipated future investment rebate payments. The
	192	+	Oklahoma Department of Commerce shall not prequalify investment
	193	+	rebate payments, encumber funds, pre -encumber funds, or otherwise
	194	+	allocate resources that would result in the allocation of investment
195	195		rebate payments in excess of the balance of available funds in the
196	196		Water Infrastructure for Economic Development Fund.
197		-	E. If the entity which is described by NAICS Manual Industry
198		-	Group No. 71311 in paragraph 2 of subsection B of this section does
199		-	not begin receiving gross revenue from the sale of tickets within
200		-	sixty (60) months, any incentive payments paid by the Oklahoma
201		-	Department of Commerce that have been paid pursuant to this section
202		-	shall be required to be repaid by the establishment not later than
203		-	90 days after a formal written demand for payment is communicated to
204		-	the establishment.
205	197		SECTION 2. NEW LAW A new section of law to be codified
206	198		in the Oklahoma Statutes as Section 3648.2 of Title 68, unless there
207	199		is created a duplication in numbering, reads as follows:
208	200		A. There is hereby created in the State Treasury a fund for the
209	201		Oklahoma Department of Commerce to be designated the “Water
210	202		Infrastructure for Economic Development Fund ”. The fund shall be a
211	203		continuing fund, not subject to fiscal year limitations, and shall
212	204		consist of all monies designated for deposit to the fund by l aw.
213	205		All monies accruing to the credit of the fund are hereby
214	206		appropriated and may be budgeted and expended by the Department for
215	207		the purpose of paying rebates as provided by this act. Expenditures
216	208		from the fund shall be made upon warrants issued by the S tate
217	209		Treasurer against claims filed as prescribed by law with the
	210	+	Director of the Office of Management and Enterprise Services for
	211	+	approval and payment.
	212	+	B. All unencumbered funds remaining in the Water Infrastructure
	213	+	for Economic Development Fund upon Jul y 1, 2029, shall be
218	214
219		-	~~Req~~. No. ~~11107~~ Page 5 1
	215	+	ENGR. S. A. TO ENGR. H. B. NO. 3854 Page 5 1
220	216		2
221	217		3
222	218		4
223	219		5
224	220		6
225	221		7
226	222		8
227	223		9
228	224		10
229	225		11
230	226		12
231	227		13
232	228		14
233	229		15
234	230		16
235	231		17
236	232		18
237	233		19
238	234		20
239	235		21
240	236		22
241	237		23
242	238		24
243	239
	240	+	transferred to the State Treasurer for deposit in the General
	241	+	Revenue Fund.”
	242	+	Passed the Senate the 25th day of April, 2024.
	243	+
	244	+
	245	+
	246	+	Presiding Officer of the Senate
	247	+
	248	+
	249	+	Passed the House of Representatives the ____ day of __________,
	250	+	2024.
	251	+
	252	+
	253	+
	254	+	Presiding Officer of the House
	255	+	of Representatives
	256	+
	257	+	ENGR. H. B. NO. 3854 Page 1 1
	258	+	2
	259	+	3
	260	+	4
	261	+	5
	262	+	6
	263	+	7
	264	+	8
	265	+	9
	266	+	10
	267	+	11
	268	+	12
	269	+	13
	270	+	14
	271	+	15
	272	+	16
	273	+	17
	274	+	18
	275	+	19
	276	+	20
	277	+	21
	278	+	22
	279	+	23
	280	+	24
	281	+
	282	+	ENGROSSED HOUSE
	283	+	BILL NO. 3854 By: Cornwell of the House
	284	+
	285	+	and
	286	+
	287	+	Bergstrom of the Senate
	288	+
	289	+
	290	+
	291	+
	292	+	[ revenue and taxation – investment rebate program -
	293	+	qualifying criteria – application – Oklahoma
	294	+	Department of Commerce – claims and payments –
	295	+	amount of rebate – conditional prequalification –
	296	+	Water Infrastructure for Economic Development Fund
	297	+	– appropriation – codification ]
	298	+
	299	+
	300	+
	301	+
	302	+	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
	303	+	SECTION 3. NEW LAW A new section of law to be codified
	304	+	in the Oklahoma Statutes as Sect ion 3648.1 of Title 68, unless there
	305	+	is created a duplication in numbering, reads as follows:
	306	+	A. There is hereby created until July 1, 2029, an investme nt
	307	+	rebate program for the cost of water and wastewater infrastructure
	308	+	investments by municipalities wit h a population between five
	309	+	thousand (5,000) and seven thousan d (7,000), according to the latest
	310	+	Federal Decennial Census.
	311	+
	312	+	ENGR. H. B. NO. 3854 Page 2 1
	313	+	2
	314	+	3
	315	+	4
	316	+	5
	317	+	6
	318	+	7
	319	+	8
	320	+	9
	321	+	10
	322	+	11
	323	+	12
	324	+	13
	325	+	14
	326	+	15
	327	+	16
	328	+	17
	329	+	18
	330	+	19
	331	+	20
	332	+	21
	333	+	22
	334	+	23
	335	+	24
	336	+
	337	+	B. To be eligible for consideration for an investment rebate
	338	+	payment awarded under the provisions of this act, the municipality
	339	+	shall:
	340	+	1. Submit an application and documentation to the Oklahoma
	341	+	Department of Commerce, as required by the Department, outlining the
	342	+	planned water and was tewater infrastructure expenditures of at least
	343	+	Thirty-five Million Dollars ($35,000,000.00) ;
	344	+	2. Provide documentation that the water and wastewater
	345	+	infrastructure expenditures are to provide services for an
	346	+	establishment, to be placed in service after th e effective date of
	347	+	this act, that is defined or classified in the NAICS Manual under
	348	+	Industry Group No. 721211 and whose capital investment exceeds One
	349	+	Hundred Million Dollars ($ 100,000,000.00); and
	350	+	3. Have made expenditures of no less than twenty percent (20%)
	351	+	of the water and wastewater infrastructure expenditure plan outl ined
	352	+	in the application submitt ed by the municipality.
	353	+	C. 1. The Oklahoma Departme nt of Commerce shall approve or
	354	+	disapprove claims for rebates and shall issue payment for all
	355	+	approved claims from funds held in the Water Infrastructure for
	356	+	Economic Development Fund created in Section 2 of this act.
	357	+	2. The Department shall disapprove a ll applications and claims
	358	+	or any portion of applications and claims for rebates that would
	359	+	exceed the balance of available funds in the Water Infrastructure
	360	+	for Economic Development Fund.
	361	+
	362	+	ENGR. H. B. NO. 3854 Page 3 1
	363	+	2
	364	+	3
	365	+	4
	366	+	5
	367	+	6
	368	+	7
	369	+	8
	370	+	9
	371	+	10
	372	+	11
	373	+	12
	374	+	13
	375	+	14
	376	+	15
	377	+	16
	378	+	17
	379	+	18
	380	+	19
	381	+	20
	382	+	21
	383	+	22
	384	+	23
	385	+	24
	386	+
	387	+	3. The total amount of applications approved and investment
	388	+	rebate payments awarded under the provisions of th is act shall not
	389	+	exceed the total amount of monies design ated by law for deposit to
	390	+	the Water Infrastructure for Economic Develop ment Fund.
	391	+	D. 1. Subject to the approval and ongoing review of the
	392	+	eligibility application by the Oklahoma Department of Commerce, the
	393	+	investment rebate payment authorized by th is act shall be equal to
	394	+	the cost of the water and wastewater infrastructure expenditures in
	395	+	the year of expenditure.
	396	+	2. The Department is authorized to conditionally prequalify and
	397	+	account for anticipated future investment rebate payments. The
	398	+	Oklahoma Department of Commerce shall not prequalify investment
	399	+	rebate payments, encumber funds, pre-encumber funds, or otherwise
	400	+	allocate resources that would result in the a llocation of investment
	401	+	rebate payments in excess of the balance of av ailable funds in the
	402	+	Water Infrastructure for Economic Development Fund.
	403	+	SECTION 4. NEW LAW A new section of law to be codified
	404	+	in the Oklahoma Statutes as Section 3648.2 of Title 68, unless there
	405	+	is created a duplication in numbering, reads as follows:
	406	+	A. There is hereby created in the State Treasury a fund for the
	407	+	Oklahoma Department of Commerce to be desi gnated the "Water
	408	+	Infrastructure for Economic Development Fund ". The fund shall be a
	409	+	continuing fund, not subject to fiscal ye ar limitations, and shall
	410	+	consist of all monies designated for deposit to the fund by law.
	411	+
	412	+	ENGR. H. B. NO. 3854 Page 4 1
	413	+	2
	414	+	3
	415	+	4
	416	+	5
	417	+	6
	418	+	7
	419	+	8
	420	+	9
	421	+	10
	422	+	11
	423	+	12
	424	+	13
	425	+	14
	426	+	15
	427	+	16
	428	+	17
	429	+	18
	430	+	19
	431	+	20
	432	+	21
	433	+	22
	434	+	23
	435	+	24
	436	+
	437	+	All monies accruing to the credit of the fund are hereby
	438	+	appropriated and may be budgeted and expended by the Department for
	439	+	the purpose of paying rebates as provided by this act. Expenditures
	440	+	from the fund shall be made upon warrants issued by the State
	441	+	Treasurer against claims filed as pre scribed by law with the
244	442		Director of the Office of Management and Enterprise Services for
245	443		approval and payment.
246	444		B. All unencumbered funds remaining in t he Water Infrastructure
247	445		for Economic Development Fund upon July 1, 2029 , shall be
248	446		transferred to the Sta te Treasurer for deposit in the General
249	447		Revenue Fund.
250		-	SECTION 3. It being immediately necessary for the preservation
251		-	of the public peace, health or safety, an emergency is here by
252		-	declared to exist, by reason whereof this act shall take effect and
253		-	be in full force from and after its passage an d approval.
	448	+	Passed the House of Representatives the 7th day of March, 2024.
254	449
255		-	59-2-11107 AO 05/21/24
	450	+
	451	+
	452	+
	453	+	Presiding Officer of the House
	454	+	of Representatives
	455	+
	456	+
	457	+
	458	+	Passed the Senate the ___ day of __________, 2024.
	459	+
	460	+
	461	+
	462	+
	463	+	Presiding Officer of the Senate
	464	+
	465	+
256	466