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Back to SB 119
Oklahoma Legislature· SB 119Coauthored by Representative Archer (principal House author)

An act relating to economic development, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1                           STATE OF OKLAHOMA

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2                 1st Session of the 60th Legislature (2025)

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3 SENATE BILL 119           By: Green
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6                           AS INTRODUCED

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7   An Act relating to economic development; creating

7   investment rebate program until certain date;

8   providing qualifying criteria; requiring submission

8   of application; requiring the Oklahoma Department of

9   Commerce to approve or disapprove certain claims and

9   issue payment; limiting source of payments; making

10  payments contingent upon deposits to certain fund;

10  providing amount of rebate; authorizing conditional

11  pre-qualification; creating the Commerce Energy

11  Manufacturing Activity Development Fund; establishing

12  fund procedures; providing sources of funds;

12  providing for expenditures from fund; directing

13  transfer of unencumbered fund upon certain date;

13  making appropriation; directing deposit in certain

14  fund; providing for codification; providing an

14  effective date; and declaring an emergency.

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17 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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18  SECTION 1.     NEW LAW  A new section of law to be codified

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19 in the Oklahoma Statutes as Section 3648.1 of Title 68, unless there
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20 is created a duplication in numbering, reads as follows:
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21  A. There is hereby created until July 1, 2031, an investment

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22 rebate program for the cost of qualified capital expenditures, as
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23 defined by Section 3645.3 of Title 68 of the Oklahoma Statutes, by
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    Req. No. 682                                              Page 1
1 establishments defined by Section 3645.3 of Title 68 of the Oklahoma
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2 Statutes, that:
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3   1. Refine, manufacture, or process compounds or elements into

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4 hydrogen-based products, including the production of blue hydrogen
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5 through the process of autothermal reforming (ATR) and green
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6 hydrogen through the process of electrolysis, and the refining of
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7 domestically produced crude oil into cleaner transportation fuels in
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8 industries defined or classified in the North American Industry
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9 Classification System (NAICS) Manual under Subsector 324 or 325;
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10  2. Generate and store emission free power and energy in

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11 industries defined or classified in the NAICS Manual under Subsector
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12 221, and water production from waste heat and ambient air; and
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13  3. Have acquired at least a six hundred (600) acre parcel of

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14 real property located within this state, where the qualified capital
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15 will be located.
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16  B. To be eligible for consideration for an investment rebate

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17 payment awarded under the provisions of this act, the establishment
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18 shall:
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19  1. Submit an application and documentation to the Oklahoma

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20 Department of Commerce, as required by the Department, outlining a
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21 capital expenditure plan in this state associated with qualified
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22 capital expenditures totaling no less than Seven Hundred Fifty
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23 Million Dollars ($750,000,000.00);
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    Req. No. 682                       Page 2
1   2. Have made qualified capital expenditures no less than twenty

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2 percent (20%) of the capital expenditure plan outlined in the
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3 application submitted by the primary establishment and approved by
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4 the Oklahoma Department of Commerce, pursuant to the provisions of
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5 this act; and
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6   3. Have filed all Oklahoma tax returns and tax documents

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7 required by law.
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8   C. Notwithstanding any other provision of law, no investment

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9 expenditure shall be utilized for calculation purposes that results
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10 in the qualification of more than one establishment under the
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11 provisions of this act, for investment rebate payments based on the
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12 same expenditure.
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13  D. 1. The Oklahoma Department of Commerce shall approve or

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14 disapprove claims for rebates and shall issue payment for all
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15 approved claims from funds held in the Commerce Energy Manufacturing
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16 Activity Development Fund created in Section 2 of this act.
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17  2. The Department shall disapprove all applications and claims

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18 or any portion of applications and claims for rebates that would
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19 exceed the balance of available funds in the Commerce Energy
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20 Manufacturing Activity Development Fund.
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21  3. The total amount of applications approved and investment

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22 rebate payments awarded under the provisions of this act shall not
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23 exceed the total amount of monies designated by law for deposit to
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24 the Commerce Energy Manufacturing Activity Development Fund.
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    Req. No. 682                                                Page 3
1   E. 1. Subject to the approval and ongoing review of the

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2 eligibility application by the Oklahoma Department of Commerce, the
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3 investment rebate payment authorized by this act shall be equal to
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4 six and sixty-seven one-hundredths percent (6.67%) of the cost of
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5 the qualified capital expenditure in the year of expenditure.
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6   2. The Department is authorized to conditionally pre-qualify

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7 and account for anticipated future investment rebate payments. The
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8 Oklahoma Department of Commerce shall not pre-qualify investment
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9 rebate payments, encumber funds, pre-encumber funds, or otherwise
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10 allocate resources that would result in the allocation of investment
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11 rebate payments in excess of the balance of available funds in the
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12 Commerce Energy Manufacturing Activity Development Fund.
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13  SECTION 2.    NEW LAW  A new section of law to be codified

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14 in the Oklahoma Statutes as Section 3648.2 of Title 68, unless there
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15 is created a duplication in numbering, reads as follows:
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16  A. There is hereby created in the State Treasury a fund for the

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17 Oklahoma Department of Commerce to be designated the "Commerce
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18 Energy Manufacturing Activity Development Fund". The fund shall be
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19 a continuing fund, not subject to fiscal year limitations, and shall
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20 consist of all monies designated for deposit to the fund by law.
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21 All monies accruing to the credit of the fund are hereby
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22 appropriated and may be budgeted and expended by the Department for
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23 the purpose of paying rebates as provided in this act. Expenditures
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24 from the fund shall be made upon warrants issued by the State
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    Req. No. 682                                             Page 4
1 Treasurer against claims filed as prescribed by law with the
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2 Director of the Office of Management and Enterprise Services for
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3 approval and payment.
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4   B. All unencumbered funds remaining in the Commerce Energy

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5 Manufacturing Activity Development Fund upon July 1, 2031, shall be
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6 transferred to the State Treasurer for deposit in the General
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7 Revenue Fund.
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8   SECTION 3. There is hereby appropriated to the Oklahoma

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9 Department of Commerce for deposit in the Commerce Energy
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10 Manufacturing Activity Development Fund, from any monies not
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11 otherwise appropriated from the General Revenue Fund of the State
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12 Treasury for the fiscal year ending June 30, 2023, the sum of Fifty
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13 Million Dollars ($50,000,000.00).
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14  SECTION 4. This act shall become effective July 1, 2025.

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15  SECTION 5. It being immediately necessary for the preservation

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16 of the public peace, health or safety, an emergency is hereby
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17 declared to exist, by reason whereof this act shall take effect and
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18 be in full force from and after its passage and approval.
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20  60-1-682      QD     12/26/2024 6:17:07 PM

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    Req. No. 682                                              Page 5
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