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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 469 By: Woods
AS INTRODUCED
An Act relating to the Oklahoma Emission Reduction
Technology Rebate Program; amending Section 4,
Chapter 346, O.S.L. 2022, as amended by Section 3,
Chapter 353, O.S.L. 2024 (68 O.S. Supp. 2024, Section
55009), which relates to the Oklahoma Emission
Reduction Technology Incentive Act; modifying
eligibility requirements for rebate payment;
clarifying statutory language; providing an effective
date; and declaring an emergency .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY Section 4, Chapter 346, O.S.L.
2022, as amended by Section 3, Chapter 353, O.S.L. 2024 (68 O.S.
Supp. 2024, Section 55009), is amended to read as follows:
Section 55009. A. Upon July 1, 2022, there is hereby created
the Oklahoma Emission Reduction Technology Rebate Program. There is
hereby created a rebate in the amount of up to twenty -five percent
(25%) of documented expenditures made in this state directly
attributable to the imple mentation of a qualified Emission Reduction
Project.
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B. The rebate program shall be administered by the Department
of Environmental Quality and the Oklahoma Tax Commission, as
provided in the Oklahoma Emission Reduction Technology Incentive
Act.
C. To be eligible for a rebate payment:
1. The applicant responsible for the implementation of a
qualified Emission Reduction Project in this state shall submit
documentation to the Dep artment of Environmental Quality no later
than six (6) months after the end of the fiscal year in which the
expenditures were made implementation of the qualified Emission
Reduction Project was completed, stating the amount of expenditures
made in this state directly related to the implementation of the
qualified Emission Reduction Project ; provided, all applications for
rebate payment shall be submitted to the Department no later than
six (6) months prior to the date of cessation of the Oklahoma
Emission Reduction Technology Rebate Program, as provided in Section
55012 of this title. The Department of Environmental Quality shall
additionally establish a process whereby an applicant may submit a
rebate payment application for preliminary review and approval prior
to the expenditure of project funds. Any approval through this
alternative process shall be subject to final approval as determined
necessary by the Department of Environmental Quality;
2. The applicant has filed all Oklahoma tax returns and tax
documents which are required by the laws of this state; and
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3. The applicant shall provide evidence of a certificate of
general liability insurance with a minimum coverage of One Million
Dollars ($1,000,000.00) and a workers ’ compensation policy pursuant
to the laws of this state which shall include coverage of employer ’s
liability.
D. The Department of Environmental Quality shall approve or
disapprove all claims for a rebate payment and shall notify the
Oklahoma Tax Commission. The Tax Commission shall, upon
notification of final approval from the Department of Environmental
Quality, issue a rebate payment for all approved claims from funds
in the Oklahoma Emission Reduction Technology Upstream and Midstream
Incentive Revolving Fund and the Oklahoma Emiss ion Reduction
Technology Downstream Incentive Revolving Fund, both created in
Section 55010 of this title. If the amount of the approved claims
exceeds the amount available in either fund, during a fiscal year,
payments shall be made proportionally to all the parties making a
claim prior to the deadline which is approved by the Dep artment of
Environmental Quality.
E. Approved claims for rebate that exceed the balance of the
Oklahoma Emission Reduction Technology Upstream and Midstream
Incentive Revolving Fund and the Oklahoma Emission Reduction
Technology Downstream Incentive Revolving Fund, both created in
Section 55010 of this title , may be paid in part and the unpaid
portion shall be paid upon the applicable fund reaching a sufficient
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balance in the order in which the claims are approved by the
Department.
SECTION 2. This act shall become effective July 1, 2025.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health or safety, an emerg ency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
60-1-863 QD 1/8/2025 9:01:45 PM