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1 STATE OF OKLAHOMA
1
2 2nd Session of the 60th Legislature (2026)
2
3 SENATE BILL 1528 By: Boren
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4
4
5
5
6 AS INTRODUCED
6
7 An Act relating to energy; transferring duties and
7 responsibilities from the Oklahoma Energy Resources
8 Board to the Corporation Commission; amending 52 O.S.
8 2021, Section 288.2, which relates to definitions;
9 modifying definitions; adding term; amending 52 O.S.
9 2021, Section 288.3, as last amended by Section 1,
10 Chapter 13, O.S.L. 2025 (52 O.S. Supp. 2025, Section
10 288.3), which relates to the Oklahoma Energy
11 Resources Board; transferring duties to the
11 Corporation Commission; amending 52 O.S. 2021,
12 Sections 288.5, 288.5A, 288.5C, 288.7, 288.8A,
12 288.9A, 288.11, and 288.12, which relate to the
13 Oklahoma Energy Education and Marketing Act;
13 requiring the Corporation Commission to coordinate
14 certain program; clarifying responsibilities of the
14 Corporation Commission; placing the Committee for
15 Sustaining Oklahoma's Energy Resources under the
15 Corporation Commission; transferring fund
16 administration duties to the Corporation Commission;
16 modifying amounts to be used for certain purpose;
17 authorizing certain expenditures; removing certain
17 expenditure restrictions upon certain finding;
18 removing certain eligibility requirements; conforming
18 statutory references; updating statutory language and
19 references; repealing 52 O.S. 2021, Section 288.4,
19 which relates to composition of the Oklahoma Energy
20 Resources Board; repealing 52 O.S. 2021, Section
20 288.6, which relates to the Oklahoma Energy Resources
21 Board; providing for codification; and providing an
21 effective date.
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Req. No. 3088 Page 1
1 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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2 SECTION 1. NEW LAW A new section of law to be codified
2
3 in the Oklahoma Statutes as Section 288.1A of Title 52, unless there
3
4 is created a duplication in numbering, reads as follows:
4
5 A. Effective November 1, 2026, all powers, duties, and
5
6 responsibilities exercised by the Oklahoma Energy Resources Board
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7 shall be transferred to the Corporation Commission.
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8 B. The period of July 1, 2026, through October 31, 2026, shall
8
9 be a transitional period in which the Corporation Commission shall
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10 gradually assume complete administration and management over the
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11 powers, duties, responsibilities, and staff currently carrying out
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12 the administration of the Oklahoma Energy Resources Board. During
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13 this transition period, the employees assigned to the Oklahoma
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14 Energy Resources Board shall continue to be employees of the Board
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15 unless otherwise agreed to by the Commission and Board.
15
16 SECTION 2. AMENDATORY 52 O.S. 2021, Section 288.2, is
16
17 amended to read as follows:
17
18 Section 288.2. As used in the Oklahoma Energy Education and
18
19 Marketing Act, Section 288.1 et seq. of this title:
19
20 1. "Board" means the Oklahoma Energy Resources Board "Abandoned
20
21 well" means a well that is described and listed in a report
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22 published by the Corporation Commission identifying oil or gas wells
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23 that have been determined to be abandoned or orphaned by the
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Req. No. 3088 Page 2
1 Corporation Commission as a result of bankruptcy, inability to find
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2 the owner, or for other reasons;
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3 2. "Person" means any individual, group of individuals, or any
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4 partnership, corporation, association, cooperative, or employee
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5 thereof, or any other entity "Commission" means the Corporation
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6 Commission;
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7 3. "Independent producer" means any person:
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8 a. who produces oil or natural gas and is not engaged in
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9 refining or marketing of such products, or
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10 b. who derives a majority of his or her oil- or natural
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11 gas-related income from working interest;
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12 4. "Major oil company" means any person who produces oil or
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13 natural gas in the State of Oklahoma and who is a retailer as
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14 defined in IRS Code Sec. 613A (d)(2) or a refiner as defined in Sec.
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15 613A (d)(4) of the Code or is a subsidiary, directly or indirectly,
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16 of a company that is classified as a major oil company as defined
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17 herein; and
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18 5. "Person" means any individual, group of individuals, or any
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19 partnership, corporation, association, cooperative, or employee
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20 thereof, or any other entity;
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21 6. "Public education" means educational activities directed to
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22 the general public regarding safety protocols and risk awareness
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23 associated with oil and gas production technologies; and
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24
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1 7. "Qualified independent producer association" means an entity
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2 in existence as of January 1, 1992, that is organized and operating
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3 within the state, a majority of whose governing body are independent
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4 producers and which represents the independent oil or natural gas
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5 industry on a statewide basis.
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6 SECTION 3. AMENDATORY 52 O.S. 2021, Section 288.3, as
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7 last amended by Section 1, Chapter 13, O.S.L. 2025 (52 O.S. Supp.
7
8 2025, Section 288.3), is amended to read as follows:
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9 Section 288.3. There is hereby re-created until July 1, 2031,
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10 the Oklahoma Energy Resources Board which shall be subject to the
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11 provisions of the Oklahoma Sunset Law. The purpose of the Board is
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12 to The Corporation Commission shall coordinate a program designed to
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13 demonstrate to the general public the importance of the Oklahoma oil
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14 and natural gas exploration and production industry, to encourage
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15 the wise and efficient use of energy, to promote environmentally
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16 sound production methods and technologies, to develop existing
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17 supplies of Oklahoma's oil and natural gas resources, to support
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18 research and educational activities concerning the oil and natural
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19 gas exploration and production industry and to cause remediation of
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20 historical oilfield environmental problems.
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21 SECTION 4. AMENDATORY 52 O.S. 2021, Section 288.5, is
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22 amended to read as follows:
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Req. No. 3088 Page 4
1 Section 288.5. The Oklahoma Energy Resources Board Corporation
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2 Commission shall have the following powers, duties, and
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3 responsibilities:
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4 1. To administer and enforce the provisions of the Oklahoma
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5 Energy Education and Marketing Act;
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6 2. To establish an office for the Board within the State of
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7 Oklahoma;
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8 3. To elect a chairperson and whatever other officers may be
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9 necessary to direct operations of the Board;
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10 4. To employ personnel as shall be deemed necessary to carry
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11 out the purpose and provisions of the Oklahoma Energy Education and
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12 Marketing Act, including but not limited to an attorney to provide
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13 legal assistance to the Board Commission, and to prescribe their
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14 duties and fix their compensation;
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15 5. 3. To establish and administer the Energy Resources
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16 Revolving Fund;
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17 6. To approve or disapprove the budget of the Board;
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18 7. 4. To promulgate rules as it deems necessary to carry out
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19 the provisions of the Oklahoma Energy Education and Marketing Act;
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20 8. 5. To enter into contracts or agreements for studies,
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21 research projects, experimental work, supplies or other services to
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22 carry out the purposes of the Oklahoma Energy Education and
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23 Marketing Act, and incur those expenses necessary to carry out those
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24 purposes. Any such contract or agreement shall provide that:
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Req. No. 3088 Page 5
1 a. the person entering the contract or agreement on
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2 behalf of the Board Commission shall develop and
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3 submit to the Board Commission a plan or project
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4 together with a budget or budgets that shows estimated
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5 costs to be incurred for the plan or project, and
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6 b. the person entering the contract or agreement shall
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7 keep accurate records of all of its transactions,
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8 account for funds received and expended, and make
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9 periodic reports to the Board Commission of activities
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10 conducted, and such other reports as the Board
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11 Commission may require;
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12 9. 6. To keep accurate records of all financial transactions
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13 performed pursuant to the Oklahoma Energy Education and Marketing
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14 Act. These records shall be subject to an annual audit, as defined
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15 by paragraph 4 of subsection B of Section 212 of Title 74 of the
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16 Oklahoma Statutes, by an independent auditor and an annual report
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17 shall be compiled and presented to the Governor;
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18 10. 7. To cooperate with any private, local, state, or national
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19 commission, organization, agency, or group and to make contracts and
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20 agreements for joint programs beneficial to the oil industry;
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21 11. 8. To accept donations, grants, contributions, and gifts
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22 from any public or private source and deposit such in the Energy
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23 Resources Revolving Fund;
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1 12. 9. To approve or disapprove the investment of any monies in
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2 the Energy Resources Revolving Fund; and
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3 13. 10. To keep an accurate record of all assessments
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4 collected.
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5 SECTION 5. AMENDATORY 52 O.S. 2021, Section 288.5A, is
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6 amended to read as follows:
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7 Section 288.5A. A. There is hereby created the Committee for
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8 Sustaining Oklahoma's Energy Resources which shall be under the
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9 direction and supervision of the Oklahoma Energy Resources Board
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10 Corporation Commission and shall be for the purpose of encouraging
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11 new processes or technological advancements to sustain the oil and
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12 natural gas industry in the future for the benefit of the citizens
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13 of this state and for advancing activities to support marginally
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14 producing oil and gas wells.
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15 B. 1. The Committee for Sustaining Oklahoma's Energy Resources
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16 shall be made up of not less than twelve but not more than eighteen
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17 members. The Oklahoma Energy Resources Board Corporation Commission
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18 shall select one member of the Board Commission to serve as the
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19 chair of the Committee. Except as otherwise provided, members of
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20 the Committee shall be appointed by the chair of the Committee and
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21 approved by a majority of the Board Commission.
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22 2. The Secretary of Energy or a designee shall serve as a
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23 member of the Committee for Sustaining Oklahoma's Energy Resources.
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24 The Secretary of Energy shall select one member of the Committee who
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Req. No. 3088 Page 7
1 shall currently be serving on the Oklahoma Energy Initiative Board
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2 on behalf of the University of Oklahoma, Oklahoma State University,
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3 the University of Tulsa, or Oklahoma City University.
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4 3. Of the remaining members of the Committee for Sustaining
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5 Oklahoma's Energy Resources at least:
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6 a. four members shall be independent oil and gas
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7 operators, of which at least one shall be from each of
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8 the four Corporation Commission regulatory districts
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9 as they existed on January 1, 2013, and each shall
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10 have operations in the district they represent,
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11 b. one member shall be an independent oil and gas
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12 operator from Osage County and shall have operations
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13 in Osage County,
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14 c. one member shall be an independent oil and gas
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15 operator selected from a list of operators submitted
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16 by the Oklahoma Independent Petroleum Association,
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17 d. one member shall be an oil and gas operator selected
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18 from a list of operators submitted by the Mid-
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19 Continent Oil and Gas Association,
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20 e. one member shall be an Oklahoma oil and gas royalty
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21 owner selected from a list of names submitted by the
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22 Oklahoma Mineral Owners Association, and
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23 f. one member shall be an Oklahoma oil and gas royalty
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24 owner selected from a list of names submitted by the
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Req. No. 3088 Page 8
1 Oklahoma affiliate of the National Association of
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2 Royalty Owners.
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3 4. With the exception of the Secretary of Energy or the
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4 designee of the Secretary, Committee members shall serve for three-
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5 year terms and may be removed from the Committee by a majority vote
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6 of the Committee with or without cause. The Oklahoma Energy
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7 Resources Board Corporation Commission may establish any additional
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8 qualifications, requirements, or conditions it deems appropriate for
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9 members of the Committee which are consistent with the provisions of
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10 this section. The chair of the Committee, with the approval of the
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11 Board Commission, shall strive to select representatives of all
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12 facets of the oil and natural gas industry, and the University of
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13 Oklahoma, Oklahoma State University, the University of Tulsa, and
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14 Oklahoma City University, in addition to any other interested higher
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15 education institutions and governmental entities charged with duties
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16 and authority over relevant areas.
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17 5. No member of the Committee shall receive a salary for duties
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18 performed as a member of the Committee; however, members may be
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19 eligible to receive reimbursement for necessary and actual travel
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20 expenses as provided for in the State Travel Reimbursement Act if
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21 approved by the Oklahoma Energy Resources Board Corporation
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22 Commission.
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23 6. Members appointed to serve on the Committee shall be
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24 eligible to serve on any other state board or commission if the
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Req. No. 3088 Page 9
1 member is otherwise qualified to hold such appointed office,
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2 notwithstanding the provisions of Section 6 of Title 51 of the
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3 Oklahoma Statutes.
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4 C. The Committee for Sustaining Oklahoma's Energy Resources is
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5 authorized to accept appropriations, donations, grants,
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6 contributions, and gifts from any public or private source for the
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7 purpose of implementing the provisions of this act section and
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8 Sections 288.5B and 288.11 of this title. The Committee shall
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9 deposit such funds in the revolving fund created in Section 288.5B
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10 of this title.
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11 D. The Committee for Sustaining Oklahoma's Energy Resources,
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12 with the advice and consent of the Oklahoma Energy Resources Board
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13 Corporation Commission, is authorized to promulgate rules as
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14 necessary to implement the provisions of this act section and
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15 Sections 288.5B and 288.11 of this title.
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16 SECTION 6. AMENDATORY 52 O.S. 2021, Section 288.5C, is
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17 amended to read as follows:
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18 Section 288.5C. A. Effective July 1, 2013, all duties, assets
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19 and obligations of the Commission on Marginally Producing Oil and
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20 Gas Wells created pursuant to Section 700 of Title 52 of the
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21 Oklahoma Statutes this title shall be transferred to the authority
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22 of the Committee for Sustaining Oklahoma's Energy Resources created
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23 pursuant to Section 288.5A of Title 52 of the Oklahoma Statutes this
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24 title.
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Req. No. 3088 Page 10
1 B. Effective July 1, 2013, the terms of the members of the
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2 Commission on Marginally Producing Oil and Gas Wells appointed
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3 pursuant to the provisions of Section 700 of Title 52 of the
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4 Oklahoma Statutes this title shall be terminated.
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5 C. Effective July 1, 2013, all unclassified full-time-
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6 equivalent, part-time, and temporary employees of the Commission on
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7 Marginally Producing Oil and Gas Wells shall be terminated.
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8 Employees shall be paid for any accrued annual leave and may be
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9 eligible for other benefits as provided by law.
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10 D. Activities and functions previously performed by the
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11 Commission on Marginally Producing Oil and Gas Wells shall be under
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12 the responsibility of the Committee for Sustaining Oklahoma's Energy
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13 Resources or a successor committee as provided by law. The
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14 Committee may organize itself, create subcommittees, or adopt
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15 procedures as deemed necessary and appropriate and consistent with
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16 the provisions of this act to implement the provisions of this act
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17 and carry out the functions and duties of the Commission on
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18 Marginally Producing Oil and Gas Wells with the exception of making
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19 annual reports as required by paragraph 7 of subsection A of Section
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20 701 of Title 52 of the Oklahoma Statutes this title.
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21 E. Monies remaining in the Commission on Marginally Producing
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22 Oil and Gas Wells Revolving Fund created in Section 705 of Title 52
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23 of the Oklahoma Statutes this title shall be transferred to the
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24 credit of the Sustaining Oklahoma's Energy Resources Revolving Fund
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Req. No. 3088 Page 11
1 created in Section 288.5B of Title 52 of the Oklahoma Statutes this
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2 title for use as provided in this act Sections 288.5A through 288.5E
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3 of this title.
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4 F. The Committee for Sustaining Oklahoma's Energy Resources,
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5 with the advice and consent of the Oklahoma Energy Resources Board
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6 Corporation Commission, is authorized to promulgate any rules
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7 necessary to implement the provisions of this act Sections 288.5A
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8 through 288.5E of this title. The Secretary of Energy may provide
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9 assistance as necessary to oversee the transfer of duties, assets,
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10 and obligations pursuant to this act Sections 288.5A through 288.5E
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11 of this title.
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12 SECTION 7. AMENDATORY 52 O.S. 2021, Section 288.7, is
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13 amended to read as follows:
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14 Section 288.7. A. There is hereby created in the State
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15 Treasury a revolving fund for the Oklahoma Energy Resources Board
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16 Corporation Commission to be designated the "Energy Resources
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17 Revolving Fund". The fund shall be a continuing fund, not subject
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18 to fiscal year limitations and shall consist of all monies received
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19 by the Oklahoma Energy Resources Board Corporation Commission from
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20 assessments received and collected pursuant to Section 288.8A of
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21 this title, donations, grants, contributions, and gifts from any
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22 public or private source. The Board Commission may expend funds as
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23 provided for by law. Expenditures from said such fund shall be made
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24 upon warrants issued by the State Treasurer against claims filed as
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Req. No. 3088 Page 12
1 prescribed by law with the Director of the Office of Management and
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2 Enterprise Services for approval and payment.
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3 B. 1. Of the monies collected and not refunded pursuant to
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4 Sections 288.8A and 288.9A of this title, a minimum of fifty
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5 seventy-five percent (50%) (75%) of said such monies collected,
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6 including a prorated share of administrative costs incurred from the
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7 effective date of this act, and not subsequently refunded, shall be
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8 expended on environmental cleanup and remediation projects related
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9 to oil and gas pollution and the plugging of wells pursuant to
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10 Section 53 of Title 17 of the Oklahoma Statutes authorized by the
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11 Board Commission from a priority list of projects submitted
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12 maintained by the Corporation Commission or, only in the absence of
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13 Corporation Commission jurisdiction, projects submitted by other
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14 appropriate state agencies.
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15 2. Of the monies collected and not refunded pursuant to
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16 Sections 288.8A and 288.9A of this title, no more than five percent
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17 (5%) of such monies collected shall be expended for advertising or
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18 promotional activities.
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19 3. Of the monies collected and not refunded pursuant to
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20 Sections 288.8A and 288.9A of this title, no more than twenty
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21 percent (20%) shall be expended for the purpose of public education.
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22 4. Upon a formal finding by the Commission that all identified
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23 abandoned wells have been plugged pursuant to Section 53 of Title 17
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24 of the Oklahoma Statutes, the expenditure restrictions of the Energy
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Req. No. 3088 Page 13
1 Resources Revolving Fund pursuant to this subsection shall be
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2 modified to allow for a minimum of fifty percent (50%) of such
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3 monies collected to be expended for the purpose of public education,
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4 the remaining amounts to be expended as determined by the
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5 Commission. Such public education shall address safety protocols,
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6 risk mitigation, and environmental protection measures applicable to
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7 any energy production technologies, including, but not limited to,
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8 oil and gas, renewable energy, electricity transmission, energy
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9 storage, and emerging technologies. The public education shall be
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10 factual, non-promotional, and designed to enhance public
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11 understanding of safety and environmental stewardship. Any public
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12 education and advertising programs shall be subject to review and
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13 approval by the Commission.
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14 C. None of the monies collected and not refunded pursuant to
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15 Sections 288.8A and 288.9A of this title shall be used for travel
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16 expenses of any member of the Oklahoma Legislature.
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17 SECTION 8. AMENDATORY 52 O.S. 2021, Section 288.8A, is
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18 amended to read as follows:
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19 Section 288.8A. A. To fund the activities of the Oklahoma
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20 Energy Resources Board Corporation Commission in carrying out the
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21 provisions of the Oklahoma Energy Education and Marketing Act, an
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22 assessment shall be levied in the amount of one-tenth of one percent
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23 (1/10 of 1%) of the gross revenues received at the wellhead for oil,
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24 natural gas, casinghead gas or condensate produced from each well in
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Req. No. 3088 Page 14
1 the State of Oklahoma this state except for production exempt from
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2 the payment of gross production tax pursuant to Section 1001 of
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3 Title 68 of the Oklahoma Statutes.
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4 B. The assessment levied by subsection A of this section shall
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5 be deducted from the proceeds of production by the person remitting
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6 gross production tax to the Oklahoma Tax Commission pursuant to
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7 Section 1001 of Title 68 of the Oklahoma Statutes. Such assessment
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8 shall be remitted to the Oklahoma Tax Commission in the same manner
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9 as is provided by law for the payment of gross production tax.
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10 Provided, the person remitting the assessment may remit cumulative
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11 amounts of Twenty-five Dollars ($25.00) or less quarterly. To
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12 defray the costs of receiving and depositing the assessments levied
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13 by this section, the Oklahoma Tax Commission shall retain Two
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14 Thousand Dollars ($2,000.00) per month of the assessments received
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15 for deposit in the Oklahoma Tax Commission Revolving Fund created
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16 pursuant to Section 113 of Title 68 of the Oklahoma Statutes. The
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17 remaining monies received by the Oklahoma Tax Commission pursuant to
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18 this section shall be deposited in the Energy Resources Revolving
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19 Fund.
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20 C. The Board Corporation Commission shall be responsible for
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21 taking appropriate legal actions to collect any assessment which is
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22 not paid or is not properly paid. The Oklahoma Tax Commission shall
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23 not be responsible for collecting any assessment not remitted to the
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24 Oklahoma Tax Commission for deposit in the Energy Resources
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Req. No. 3088 Page 15
1 Revolving Fund. The Oklahoma Tax Commission shall report to the
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2 Board Commission any information it obtains regarding failure of any
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3 person to properly pay the assessment due, including any
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4 documentation it may have of such failure.
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5 SECTION 9. AMENDATORY 52 O.S. 2021, Section 288.9A, is
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6 amended to read as follows:
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7 Section 288.9A. A. Any person subject to the assessment levied
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8 by Section 288.8A of this title may request a refund as provided in
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9 this section of the assessment paid on production for the preceding
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10 calendar year. Upon compliance with the provisions of this section
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11 and rules promulgated by the Board Corporation Commission to
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12 implement this section, the Board Commission shall refund to each
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13 person requesting a refund of the amount of the assessment paid by
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14 or on behalf of such person during the preceding calendar year.
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15 Refunds will include interest earned at the rate equal to the
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16 average United States Treasury bill rate of the preceding calendar
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17 year as certified by the State Treasurer.
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18 B. The request for a refund of the assessment paid on
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19 production for the preceding calendar year must be made during the
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20 first three (3) calendar months following the calendar year for
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21 which the refund is requested. Failure to request a refund during
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22 this period shall terminate the right of any person to receive a
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23 refund for the assessment paid on production for the preceding
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24 calendar year. The Board Commission shall give notice of the
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1 availability of the refund through press releases, paid
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2 advertisements placed in the newspaper with the largest general
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3 circulation in each county in the state, and such other means as it
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4 deems appropriate.
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5 C. Each person requesting a refund shall execute an affidavit
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6 showing the amount of refund requested, and the affiant was the
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7 owner of the production for which the refund is requested. Each
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8 person requesting a refund shall submit supporting evidence
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9 demonstrating the gross revenues, net to the person's revenue
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10 interest, received for oil, natural gas, casinghead gas, or
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11 condensate in Oklahoma this state. The Board Commission may verify,
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12 principally through the use of audits, the accuracy of the request
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13 for refund. In verifying the accuracy of a request for refund, the
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14 Board Commission shall exercise its authority in a manner that will
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15 reduce, to the extent practicable and appropriate, the burden on
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16 persons providing the information to the Board Commission.
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17 D. No company or person who requests a refund under this
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18 section shall be eligible to serve or have a representative serve as
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19 a member of the Board.
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20 SECTION 10. AMENDATORY 52 O.S. 2021, Section 288.11, is
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21 amended to read as follows:
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22 Section 288.11. A. The Board Corporation Commission may
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23 invest, pending disbursement, funds collected through assessments
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24 only in obligations of the United States or any agency thereof, in
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Req. No. 3088 Page 17
1 general obligations of any state, in any interest-bearing account or
1
2 certificate of deposit of a bank that is a member of the Federal
2
3 Reserve System, or in obligations fully guaranteed as to principal
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4 and interest by the United States.
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5 B. The Board Corporation Commission shall be prohibited from
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6 utilizing any funds collected through the assessment procedure
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7 outlined in Section 8 288.8A of this act title, for the purpose of
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8 influencing governmental action or policy, with the exception of
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9 recommending amendments to this act the Oklahoma Energy Education
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10 and Marketing Act, and for the purpose of obtaining state or federal
10
11 funding for the activities of the Sustaining Oklahoma's Energy
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12 Resources Advisory Committee.
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13 SECTION 11. AMENDATORY 52 O.S. 2021, Section 288.12, is
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14 amended to read as follows:
14
15 Section 288.12. Nothing in this act the Oklahoma Energy
15
16 Education and Marketing Act may be construed to preempt or supersede
16
17 any other program relating to oil or natural gas promotion or
17
18 marketing organized and operated under the laws of the State of
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19 Oklahoma this state or the United States. The provisions of this
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20 act the Oklahoma Energy Education and Marketing Act applicable to
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21 the rules shall be applicable to amendments to the rules. In the
21
22 event of the establishment of a national program for an assessment
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23 on oil or natural gas production, the Board Corporation Commission,
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24 by majority vote, may elect to designate up to a maximum of fifty
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Req. No. 3088 Page 18
1 percent (50%) of the funds collected under this act to such a
1
2 national program in lieu of an additional assessment as may be
2
3 required by such national program.
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4 SECTION 12. REPEALER 52 O.S. 2021, Section 288.4, is
4
5 hereby repealed.
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6 SECTION 13. REPEALER 52 O.S. 2021, Section 288.6, is
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7 hereby repealed.
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8 SECTION 14. This act shall become effective November 1, 2026.
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Req. No. 3088 Page 19Every fact on this page links to its source, starting with the official bill record.