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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1452 By: Shaw
AS INTRODUCED
An Act relating to revenue and taxation; enacting the
Green Energy Subsidy Recapture Tax Act ; defining
terms; providing for levy of tax bas ed upon
electricity production from zero emission facilities;
specifying basis upon which tax to be computed;
prescribing reporting requirements; providing for
apportionment of revenue to the General Revenue Fund;
and providing an 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 Section 5601 of Title 68, unless there
is created a duplication in numbering, reads as follow s:
This act shall be known and may be cited as the "Green Energy
Subsidy Recapture Tax Act".
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 5602 of Title 68, unless there
is created a duplication in numbering, reads as follows:
As used in this act:
1. "Government entity" means the state, a county, a city, a
town, a school district, a public trust, or any other unit of
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government which is defined to be a body politic and corporate or
which is considered for any purpose to exercise the powers of
government, but under no circumstances shall any for profit business
entity be considered a government entity for purposes of this act;
2. "Owner" means any:
a. person,
b. general partnership,
c. limited partnership,
d. limited liability partnership,
e. limited liability compa ny,
f. corporation,
g. trust, or
h. other lawfully recognized business entity ; and
3. "Zero emission facility " shall have the same meaning as
provided in Section 2357.32A of Tit le 68 of the Oklahoma Statutes
and includes production of electricity by means of:
a. wind power,
b. solar power,
c. geothermal power,
d. hydroelectric power.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 5603 of Title 68, unless there
is created a duplication in n umbering, reads as follows:
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The purpose of this act is to provide revenue for general
government functions.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 5604 of Title 68, unless there
is created a duplication in numbering, reads as follows:
A. There is hereby levied upon the production of electric power
produced within the state by the owner of a zero emission facility
equal to the amount of the production tax credit authorized pursuant
to Section 45 of the Internal Revenue Code of 1986, as amended , that
could be claimed with respect to electric power produced from such
facility.
B. The tax levied by the provis ions of this act shall be
imposed without regard to whether the owner of the zero emission
facility actually claimed or utilized any amount of the federal
production tax credit pursuant to Section 45 of the Internal Revenue
Code of 1986, as amended, with r espect to the period during which
electric power was produced from the facilit y.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 5605 of Title 68, unless there
is created a duplication in n umbering, reads as follows:
No electric power produced by any government entity shall be
subject to the levy imposed pursuant to the provisions of this act.
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SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Stat utes as Section 5606 of Title 68, unless there
is created a duplication in num bering, reads as follows:
A. The tax levied by this act shall be reported not later than
the fifteenth day of each month on such forms as may be prescribed
for such purpose by t he Oklahoma Tax Commission.
B. The Tax Commission shall develop a system pursuant to which
the tax imposed by the provisions of this act may be reported and
paid electronically.
SECTION 7. NEW LAW A new section of law to be codifie d
in the Oklahoma Statutes as Section 5607 of Title 68, unless there
is created a duplication in numbering, reads as follows:
The tax shall be considered delinquent if not paid by the
fifteenth day of the month following the month the applicable report
was due.
SECTION 8. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 5608 of Title 68, unless there
is created a duplication in numbering, reads as follows:
The revenue derived from the provisions of this act shall be
apportioned to the General Revenue Fund.
SECTION 9. This act shall become effective October 1, 2025.
60-1-11009 MAH 01/14/25