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28	28	STATE OF OKLAHOMA
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30	30	1st Session of the 60th Legislature (2025)
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32	32	HOUSE BILL 1452 By: Shaw
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38	38	AS INTRODUCED
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40	40	An Act relating to revenue and taxation; enacting the
41	41	Green Energy Subsidy Recapture Tax Act ; defining
42	42	terms; providing for levy of tax bas ed upon
43	43	electricity production from zero emission facilities;
44	44	specifying basis upon which tax to be computed;
45	45	prescribing reporting requirements; providing for
46	46	apportionment of revenue to the General Revenue Fund;
47	47	and providing an effective date .
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52	52	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
53	53	SECTION 1. NEW LAW A new section of law to be codified
54	54	in the Oklahoma Statutes as Section 5601 of Title 68, unless there
55	55	is created a duplication in numbering, reads as follow s:
56	56	This act shall be known and may be cited as the "Green Energy
57	57	Subsidy Recapture Tax Act".
58	58	SECTION 2. NEW LAW A new section of law to be codified
59	59	in the Oklahoma Statutes as Section 5602 of Title 68, unless there
60	60	is created a duplication in numbering, reads as follows:
61	61	As used in this act:
62	62	1. "Government entity" means the state, a county, a city, a
63	63	town, a school district, a public trust, or any other unit of
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90	90	government which is defined to be a body politic and corporate or
91	91	which is considered for any purpose to exercise the powers of
92	92	government, but under no circumstances shall any for profit business
93	93	entity be considered a government entity for purposes of this act;
94	94	2. "Owner" means any:
95	95	a. person,
96	96	b. general partnership,
97	97	c. limited partnership,
98	98	d. limited liability partnership,
99	99	e. limited liability compa ny,
100	100	f. corporation,
101	101	g. trust, or
102	102	h. other lawfully recognized business entity ; and
103	103	3. "Zero emission facility " shall have the same meaning as
104	104	provided in Section 2357.32A of Tit le 68 of the Oklahoma Statutes
105	105	and includes production of electricity by means of:
106	106	a. wind power,
107	107	b. solar power,
108	108	c. geothermal power,
109	109	d. hydroelectric power.
110	110	SECTION 3. NEW LAW A new section of law to be codified
111	111	in the Oklahoma Statutes as Section 5603 of Title 68, unless there
112	112	is created a duplication in n umbering, reads as follows:
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139	139	The purpose of this act is to provide revenue for general
140	140	government functions.
141	141	SECTION 4. NEW LAW A new section of law to be codified
142	142	in the Oklahoma Statutes as Section 5604 of Title 68, unless there
143	143	is created a duplication in numbering, reads as follows:
144	144	A. There is hereby levied upon the production of electric power
145	145	produced within the state by the owner of a zero emission facility
146	146	equal to the amount of the production tax credit authorized pursuant
147	147	to Section 45 of the Internal Revenue Code of 1986, as amended , that
148	148	could be claimed with respect to electric power produced from such
149	149	facility.
150	150	B. The tax levied by the provis ions of this act shall be
151	151	imposed without regard to whether the owner of the zero emission
152	152	facility actually claimed or utilized any amount of the federal
153	153	production tax credit pursuant to Section 45 of the Internal Revenue
154	154	Code of 1986, as amended, with r espect to the period during which
155	155	electric power was produced from the facilit y.
156	156	SECTION 5. NEW LAW A new section of law to be codified
157	157	in the Oklahoma Statutes as Section 5605 of Title 68, unless there
158	158	is created a duplication in n umbering, reads as follows:
159	159	No electric power produced by any government entity shall be
160	160	subject to the levy imposed pursuant to the provisions of this act.
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187	187	SECTION 6. NEW LAW A new section of law to be codified
188	188	in the Oklahoma Stat utes as Section 5606 of Title 68, unless there
189	189	is created a duplication in num bering, reads as follows:
190	190	A. The tax levied by this act shall be reported not later than
191	191	the fifteenth day of each month on such forms as may be prescribed
192	192	for such purpose by t he Oklahoma Tax Commission.
193	193	B. The Tax Commission shall develop a system pursuant to which
194	194	the tax imposed by the provisions of this act may be reported and
195	195	paid electronically.
196	196	SECTION 7. NEW LAW A new section of law to be codifie d
197	197	in the Oklahoma Statutes as Section 5607 of Title 68, unless there
198	198	is created a duplication in numbering, reads as follows:
199	199	The tax shall be considered delinquent if not paid by the
200	200	fifteenth day of the month following the month the applicable report
201	201	was due.
202	202	SECTION 8. NEW LAW A new section of law to be codified
203	203	in the Oklahoma Statutes as Section 5608 of Title 68, unless there
204	204	is created a duplication in numbering, reads as follows:
205	205	The revenue derived from the provisions of this act shall be
206	206	apportioned to the General Revenue Fund.
207	207	SECTION 9. This act shall become effective October 1, 2025.
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209	209	60-1-11009 MAH 01/14/25

Oklahoma 2025 Regular Session

Oklahoma House Bill HB1452 Compare Versions