Oklahoma 2025 Regular Session

Oklahoma House Bill HB1370 Compare Versions

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29-SENATE FLOOR VERSION
30-April 16, 2025
31-AS AMENDED
32-
3328 ENGROSSED HOUSE
34-BILL NO. 1370 By: Boles and Waldron of the
35-House
29+BILL NO. 1370 By: Boles of the House
3630
3731 and
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3933 Green of the Senate
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38+[ Corporation Commission Plugging Fund – sunset –
39+excise tax on oil and gas – taxes – sales tax
40+amount – Interstate Oil Compact Fund of Oklahoma –
41+cap - effective date -
42+ emergency ]
4443
45-[ Corporation Commission Plugging Fund – sunset –
46-excise tax on oil and gas – taxes – sales tax amount
47-– Interstate Oil Compact Fund of Oklahoma – cap -
48-effective date -
49- emergency ]
5044
5145
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5347 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
5448 SECTION 1. AMENDATORY 17 O.S. 2021, Section 180.10, is
5549 amended to read as follows:
5650 Section 180.10. A. There is hereby created in the State
5751 Treasury a fund for the Corporation Commission to be designated the
5852 "Corporation Commission Plugging Fund". The plugging fund shall
5953 consist of monies received by the Corporation Commission as required
6054 by law to be deposited to the credit of said fund. The fund shall
6155 be a continuing fund not subject to fiscal year limitations and
6256 shall not be subject to legislative appropriations. Expenditures
6357 from the plugging fund shall be made pursuant to the laws of this
6458 state and the statutes relating to the Corporation Commission . For
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9285 each fiscal year, the Commission may expend not more than eight
9386 percent (8%) of the total amount deposited to the credit of the
9487 plugging fund during the previous fiscal year for the purpose of
9588 responding to occurrences of seeping natural gas as prov ided for in
9689 Section 317.1 of Title 52 of the Oklahoma Statutes. In addition,
9790 expenditures from the plugging fund may be made pursuant to the
9891 Oklahoma Central Purchasing Act, Section 85.1 et seq. of Title 74 of
9992 the Oklahoma Statutes, for purposes of immedi ately responding to
10093 emergency situations, within the Commission's jurisdiction, having
10194 potentially critical environmental or public safety impact.
10295 Warrants for expenditures from the fund shall be drawn by the State
10396 Treasurer, based on claims signed by an authorized employee of the
10497 Corporation Commission and approved for payment by the Director of
10598 the Office of Management and Enterprise Services. The provisions of
10699 this act or rules promulgated pursuant thereto, shall not be
107100 construed to relieve or in any w ay diminish the surety bonding
108101 requirements required by Section 318.1 of Title 52 of the Oklahoma
109102 Statutes.
110103 B. Prior to July 1, 2026 2031, the plugging fund shall be
111104 maintained at Five Million Dollars ($5,000,000.00). If the plugging
112105 fund falls below the five-million-dollar maintenance level, the
113106 Corporation Commission shall notify the Tax Commission that the
114107 plugging fund has fallen below the required maintenance level and
115108 that the excise tax which has been levied by subsection A of Section
116109
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143135 1101 of Title 68 of the Oklahoma Statutes and subsection A of
144136 Section 1102 of Title 68 of the Oklahoma Statutes which is credited
145137 and apportioned to the Corporation Commission Plugging Fund pursuant
146138 to Section 1103 of Title 68 of the Oklahoma Statutes is to be
147139 imposed. Such additional excise tax shall be imposed and collected
148140 until such time as is necessary to meet the additional five -million-
149141 dollar maintenance level. The Tax Commission shall notify the
150142 persons responsible for payment of the excise tax on oil and gas of
151143 the imposition of such tax. The provisions of this subsection shall
152144 terminate on July 1, 2026 2031.
153145 SECTION 2. AMENDATORY 68 O.S. 2021, Section 1103, is
154146 amended to read as follows:
155147 Section 1103. A. 1. Prior to July 1, 2026 2025, and as
156148 provided in Section 1103.1 of this title, all monies derived from
157149 the levy of the excise tax on petroleum oil provided for by Section
158150 1101 of this title shall be deposited with the State Treasurer, who
159151 shall credit and apportion the same as fo llows:
160152 a. eighty-two and six hundred thirty -four thousandths
161153 percent (82.634%) of said excise tax shall be credited
162154 to the General Revenue Fund of the State Treasury;
163155 provided, in each fiscal year beginning on or after
164156 July 1, 2013, the first One Million T hree Hundred
165157 Fifty Thousand Dollars ($1,350,000.00) which would
166158 otherwise have been apportioned to the General Revenue
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194185 Fund pursuant to this subparagraph shall be
195186 transferred to the Oil and Gas Division Revolving Fund
196187 of the Oklahoma Corporation Commission ,
197188 b. ten and five hundred twenty -six thousandths percent
198189 (10.526%) shall be credited and apportioned to a
199190 separate and distinct fund to be known as the
200191 "Corporation Commission Plugging Fund", and
201192 c. the remaining six and eighty -four hundredths percent
202193 (6.84%) of said excise tax shall be credited and
203194 apportioned to a separate and distinct fund to be
204195 known as "The Interstate Oil Compact Fund of
205196 Oklahoma", which fund is hereby created.
206197 2. Prior to July 1, 2026 2025, and as provided in Section
207198 1103.1 of this title, all monies derived from the levy of the excise
208199 tax on natural gas and/or casinghead gas provided for by Section
209200 1102 of this title shall be deposited with the State Treasurer, who
210201 shall credit and apportion the same as follows:
211202 a. eighty-two and six thousand forty-five ten thousandths
212203 percent (82.6045%) of said excise tax shall be
213204 credited to the General Revenue Fund of the State
214205 Treasury; provided, in each fiscal year beginning on
215206 or after July 1, 2013, the first One Million Three
216207 Hundred Fifty Thousand Dollars ($1,350,000.00) which
217208 would otherwise have been apportioned to the General
218209
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245235 Revenue Fund pursuant to this subparagraph shall be
246236 transferred to the Oil and Gas Division Revolving Fund
247237 of the Oklahoma Corporation Commission,
248238 b. ten and five thousand five hundred fifty -five ten
249239 thousandths percent (10.5555%) shall be credited and
250240 apportioned to the Corporation Commission Plugging
251241 Fund, and
252242 c. six and eighty-four hundredths percent (6.84%) of said
253243 excise tax shall be credited and apportioned to The
254244 Interstate Oil Compact Fund of Oklahoma.
255245 3. Prior to July 1, 2026 2025, and as provided in Section
256246 1103.1 of this title, all monies to accrue to The Interstate Oil
257247 Compact Fund of Oklahoma under the provisions of this article,
258248 together with all monies rema ining unexpended in The Interstate Oil
259249 Compact Fund of Oklahoma created under this subsection are hereby
260250 appropriated and shall be used for the payment of the compensation
261251 of the assistant representative of the State of Oklahoma on The
262252 Interstate Oil Compa ct Commission, the compensation of such
263253 clerical, technical and legal assistants as he or she may with the
264254 consent of the Governor employ; the actual and necessary traveling
265255 expenses of the assistant representative and employees, and of the
266256 Governor when traveling in the Governor's capacity as official
267257 representative of the State of Oklahoma on The Interstate Oil
268258 Compact Commission; all items of office expense including the cost
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296285 of office supplies and equipment; such contributions as the Governor
297286 shall deem necessary and proper to pay to The Interstate Oil Compact
298287 Commission to defray its expenses; and such other necessary expenses
299288 as may be incurred in enabling the State of Oklahoma to fully
300289 cooperate in accomplishing the objects of the Interstate Compact t o
301290 conserve oil and gas. The fund shall be disbursed by the State
302291 Treasurer upon sworn, itemized claims approved by the assistant
303292 representative and the Governor; provided, that if at the end of any
304293 fiscal year any part of the special fund shall remain une xpended,
305294 such balance shall be transferred by the State Treasurer to, and
306295 become a part of, the General Revenue Fund of the state for the
307296 ensuing fiscal year. Provided, further, that if the State of
308297 Oklahoma withdraws from the Interstate Compact to conser ve oil and
309298 gas, any unencumbered monies in The Interstate Oil Compact Fund of
310299 Oklahoma shall be transferred to and become a part of the General
311300 Revenue Fund of the State Treasury and thereafter the excise tax on
312301 petroleum oil, natural gas and/or casinghead gas levied by this
313302 article shall be levied, collected and deposited in the General
314303 Revenue Fund of the State Treasury.
315304 4. All monies to accrue to the Corporation Commission Plugging
316305 Fund are hereby appropriated and shall be used for payment of
317306 expenses related to the statutory purpose of the fund.
318307 The provisions of this subsection shall terminate on June 30,
319308 2026 2025.
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347335 B. 1. Beginning on July 1, 2026 2025, all monies derived from
348336 the levy of the excise tax on petroleum oil provided for by Section
349337 1101 of this title shall be deposited with the State Treasurer, who
350338 shall credit and apportion the same as follows:
351339 a. seven and sixty-five hundredths percent (7.65%) shall
352340 be credited and apportioned to The Interstate Oil
353341 Compact Fund of Oklahoma, and
354342 b. ninety-two and thirty-five hundredths percent (92.35%)
355343 of said excise tax shall be credited and apportioned
356344 to the General Revenue Fund of the State Treasury;
357345 provided, in each fiscal year beginning on or after
358346 July 1, 2013 2025, the first One Million Three Hundred
359347 Fifty Thousand Dollars ($1,350,000.00) whic h would
360348 otherwise have been apportioned to the General Revenue
361349 Fund pursuant to this subparagraph shall instead be
362350 transferred to the Oil and Gas Division Revolving Fund
363351 of the Oklahoma Corporation Commission, and second an
364352 amount up to Ten Million Dollars ($10,000,000.00)
365353 shall be transferred to the Corporation Commission
366354 Plugging Fund.
367355 b. the remaining seven and sixty -five hundredths percent
368356 (7.65%) of said excise tax shall be credited and
369357 apportioned to a separate and distinct fund to be
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397384 known as "The Interstate Oil Compact Fund of
398385 Oklahoma", which fund is hereby created.
399386 2. Beginning on July 1, 2026 2025, all monies derived from the
400387 levy of the excise tax on natural gas and/or casinghead gas provided
401388 for by Section 1102 of this title shall be deposited with the State
402389 Treasurer, who shall credit and apportion the same as follows:
403390 a. seven and sixty-five hundredths percent (7.65%) shall
404391 be credited and apportioned to The Interstate Oil
405392 Compact Fund of Oklahoma, and
406393 b. ninety-two and thirty-five hundredths percent (92.35%)
407394 of said excise tax shall be credited and apportioned
408395 to the General Revenue Fund of the State Treasury;
409396 provided, in each fiscal year beginning on or after
410397 July 1, 2013 2025, the first One Million Three Hundred
411398 Fifty Thousand Dollars ($1, 350,000.00) which would
412399 otherwise have been apportioned to the General Revenue
413400 Fund pursuant to this subparagraph shall instead be
414401 transferred to the Oil and Gas Division Revolving Fund
415402 of the Oklahoma Corporation Commission, and second an
416403 amount up to Ten Million Dollars ($10,000,000.00)
417404 shall be transferred to the Corporation Commission
418405 Plugging Fund.
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446432 b. seven and sixty-five hundredths percent (7.65%) of
447433 said excise tax shall be credited and apportioned to
448434 The Interstate Oil Compact Fund of Oklahoma.
449435 3. Beginning on July 1, 2026 2025, all monies to accrue to The
450436 Interstate Oil Compact Fund of Oklahoma under the provisions of this
451437 article, together with all monies remaining unexpended in The
452438 Interstate Oil Compact Fund of Oklahoma created under this
453439 subsection are hereby appropriated and shall be used for the payment
454440 of the compensation of the assistant representative of the State of
455441 Oklahoma on The Interstate Oil Compact Commission, the compensation
456442 of such clerical, technical and legal assistants as he or she may
457443 with the consent of the Governor employ; the actual and necessary
458444 traveling expenses of the assistant representative and employees,
459445 and of the Governor when traveling in the Governor's capacity as
460446 official representative of the State of Oklahoma o n The Interstate
461447 Oil Compact Commission; all items of office expense including the
462448 cost of office supplies and equipment; such contributions as the
463449 Governor shall deem necessary and proper to pay to The Interstate
464450 Oil Compact Commission to defray its expen ses; and such other
465451 necessary expenses as may be incurred in enabling the State of
466452 Oklahoma to fully cooperate in accomplishing the objects of the
467453 Interstate Compact to conserve oil and gas. The fund shall be
468454 disbursed by the State Treasurer upon sworn, i temized claims
469455 approved by the assistant representative and the Governor; provided,
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497482 that if at the end of any fiscal year any part of the special fund
498483 shall remain unexpended, such balance shall be transferred by the
499484 State Treasurer to, and become a part o f, the General Revenue Fund
500485 of the State Treasury for the ensuing fiscal year. Provided,
501486 further, that if the State of Oklahoma withdraws from the Interstate
502487 Compact to conserve oil and gas, any unencumbered monies in The
503488 Interstate Oil Compact Fund of Ok lahoma shall be transferred to and
504489 become a part of the General Revenue Fund of the State Treasury and
505490 thereafter the excise tax on petroleum oil, natural gas and/or
506491 casinghead gas levied by this article shall be levied, collected and
507492 deposited in the Gene ral Revenue Fund of the State Treasury.
508493 SECTION 3. This act shall become effective July 1, 2025.
509494 SECTION 4. It being immediately necessary for the preservation
510495 of the public peace, health or safety, an emergency is hereby
511496 declared to exist, by reason whereof this act shall take effect and
512497 be in full force from and after its passage and approval.
513-COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS
514-April 16, 2025 - DO PASS
498+Passed the House of Representatives the 5th day of March, 2025.
499+
500+
501+
502+
503+ Presiding Officer of the House
504+ of Representatives
505+
506+
507+Passed the Senate the _____ day of __________, 2025.
508+
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511+
512+ Presiding Officer of the Senate