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1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 298 By: Prieto
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6 AS INTRODUCED
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7 An Act relating to taxation; amending 68 O.S. 2021,
7 Section 1001, as amended by Section 8, Chapter 346,
8 O.S.L. 2022 (68 O.S. Supp. 2024, Section 1001), which
8 relates to gross production tax on certain interests;
9 providing exemption; defining term; requiring
9 exemption to be made through issuance of refund;
10 prescribing requirements to claim refund; updating
10 statutory language; and providing an effective date.
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13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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14 SECTION 1. AMENDATORY 68 O.S. 2021, Section 1001, as
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15 amended by Section 8, Chapter 346, O.S.L. 2022 (68 O.S. Supp. 2024,
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16 Section 1001), is amended to read as follows:
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17 Section 1001. A. There is hereby levied upon the production of
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18 asphalt, ores bearing lead, zinc, jack and copper a tax equal to
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19 three-fourths of one percent (3/4 of 1%) on the gross value thereof.
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20 B. On or after the effective date of this act July 18, 2018,
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21 and except as provided by paragraph 4 of this subsection, there
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22 shall be levied a tax on the gross value of the production of oil
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23 and gas as follows:
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1 1. Upon the production of oil a tax equal to seven percent (7%)
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2 of the gross value of the production of oil based on a per barrel
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3 measurement of forty-two (42) U.S. gallons of two hundred thirty-one
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4 (231) cubic inches per gallon, computed at a temperature of sixty
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5 (60) degrees Fahrenheit;
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6 2. Upon the production of gas a tax equal to seven percent (7%)
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7 of the gross value of the production of gas;
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8 3. Notwithstanding the levies in paragraphs 1 and 2 of this
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9 subsection, the production of oil, gas, or oil and gas from wells
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10 spudded prior to the effective date of this act July 18, 2018, and
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11 on or after the effective date of this act July 18, 2018, shall be
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12 taxed at a rate of five percent (5%) commencing with the month of
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13 first production for a period of thirty-six (36) months.
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14 Thereafter, the production shall be taxed as provided in paragraphs
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15 1 and 2 of this subsection; and
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16 4. If the provisions of Article XIII-C of the Oklahoma
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17 Constitution are approved by the people pursuant to adoption of
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18 State Question No. 795, the rate of gross production tax imposed by
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19 paragraph 3 of this subsection shall be reduced to two percent (2%)
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20 for the first thirty-six (36) months of production and thereafter
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21 the rate of taxation shall be seven percent (7%).
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22 C. The taxes hereby levied shall also attach to, and are levied
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23 on, what is known as the royalty interest, and the amount of such
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24 tax shall be a lien on such interest.
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1 D. 1. Except as otherwise provided in this section, for
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2 secondary and tertiary recovery projects approved or having an
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3 initial project start date on or after July 1, 2022, all production
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4 which results from such secondary and tertiary recovery projects
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5 shall be exempt from the gross production tax levied pursuant to
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6 this section for a period not to exceed five (5) years from the
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7 initial project start date or for a period ending upon the
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8 termination of the secondary and tertiary recovery process,
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9 whichever occurs first.
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10 2. For purposes of this subsection, "project start date" means
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11 the date on which the injection of liquids, gases, or other matter
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12 begins on an enhanced recovery project.
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13 3. For new secondary and tertiary recovery projects approved by
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14 the Oklahoma Corporation Commission on or after July 1, 2022, such
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15 approval shall constitute qualification for an exemption.
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16 4. For all production exempted pursuant to this subsection, a
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17 refund against gross production taxes shall be issued as provided in
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18 subsection F of this section.
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19 E. Except as otherwise provided by this section, the production
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20 of oil, gas, or oil and gas from wells drilled but not completed as
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21 of July 1, 2021, which are completed with the use of recycled water
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22 on or after July 1, 2022, shall earn an exemption from the gross
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23 production tax levied from the date of first sales for a period of
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24 twenty-four (24) months. The exemption provided in this subsection
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Req. No. 684 Page 3
1 shall be proportional to the percentage of the total amount of water
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2 used to complete the well that is recycled water. For all
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3 production exempted pursuant to this subsection, a refund against
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4 gross production taxes shall be issued as provided in subsection F
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5 of this section. For purposes of this subsection, "recycled water"
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6 means oil and gas produced water and waste that has been
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7 reconditioned or treated by mechanical or chemical processes into a
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8 reusable form.
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9 F. On or after July 1, 2022, for all oil and gas production
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10 exempt from gross production taxes pursuant to subsections D and E
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11 of this section during a given fiscal year, a refund of gross
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12 production taxes shall be issued to the well operator or a designee
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13 in the amount of such exempted gross production taxes paid during
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14 such period, subject to the following provisions:
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15 1. A refund shall not be claimed until after the end of the
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16 fiscal year. As used in this subsection, a fiscal year shall be
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17 deemed to begin on July 1 of one calendar year and shall end on June
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18 30 of the subsequent calendar year;
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19 2. Unless otherwise specified, no claims for refunds pursuant
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20 to the provisions of this subsection shall be filed more than
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21 eighteen (18) months after the first day of the fiscal year in which
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22 the refund is first available;
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23 3. Any person claiming a refund pursuant to the exemption
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24 provided in subsections D and E of this section shall file an
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1 application with the Oklahoma Tax Commission which, upon
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2 determination of qualification by the Corporation Commission, shall
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3 approve the application for such exemption;
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4 4. The Tax Commission may require any person claiming a refund
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5 pursuant to the exemptions provided in subsections D and E of this
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6 section to furnish information or records concerning the exemption
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7 as is deemed necessary by the Tax Commission;
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8 5. No claims for refunds pursuant to the provisions of this
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9 subsection shall be filed by or on behalf of persons other than the
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10 operator or a working interest owner of record at the time of
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11 production;
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12 6. No entity, including subsidiaries of the entity, shall be
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13 authorized to receive refunds claimed pursuant to the exemption
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14 provided in subsection D of this section that exceed twenty percent
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15 (20%) of the limitation provided in paragraph 7 of this subsection;
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16 and
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17 7. The total amount of refunds authorized shall not exceed
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18 Fifteen Million Dollars ($15,000,000.00) pursuant to the exemption
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19 provided in subsection D of this section and Ten Million Dollars
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20 ($10,000,000.00) pursuant to the exemption provided in subsection E
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21 of this section for any fiscal year. If the amount of claims for
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22 refunds exceed the limits provided in this paragraph, the Tax
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23 Commission shall determine the percentage of the refund which
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24 establishes the proportionate share of the refund which may be
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Req. No. 684 Page 5
1 claimed by any taxpayer so that the maximum amounts authorized by
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2 this paragraph are not exceeded.
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3 G. On or after July 1, 2022, all persons shall only be entitled
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4 to either the exemption granted pursuant to subsection D or E of
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5 this section for each oil, gas, or oil and gas well drilled or
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6 recompleted in this state. However, any person who qualifies for
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7 the exemption granted pursuant to subsection E of this section shall
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8 not be prohibited from qualification for the exemption granted
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9 pursuant to subsection D of this section if the exemption granted
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10 pursuant to subsection E of this section has expired.
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11 H. 1. Upon the effective date of this act, the production of
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12 oil, gas, or oil and gas used to generate electricity to supply
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13 microgrids shall earn an exemption from fifty percent (50%) of the
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14 gross production tax levied pursuant to subsection B of this
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15 section;
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16 2. For the purposes of this subsection, "microgrid" means a
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17 group of interconnected loads and distributed energy resources
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18 within clearly defined electrical boundaries that acts as a single
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19 controllable entity with respect to the electric grid and can
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20 connect and disconnect from the electric grid to enable the
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21 microgrid to operate in both electric grid-connected mode and non-
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22 grid-connected mode; and
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23 3. For all oil and gas production exempt from the portion of
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24 gross production taxes levied pursuant to this subsection during a
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Req. No. 684 Page 6
1 given fiscal year, a refund of gross production taxes shall be
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2 issued to the well operator or a designee in the amount of the
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3 exempted gross production taxes paid during the period, subject to
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4 the following provisions:
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5 a. a refund shall not be claimed until after the end of
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6 the fiscal year,
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7 b. any person claiming a refund pursuant to the exemption
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8 provided in this subsection shall file an application
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9 with the Tax Commission which, upon determination of
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10 qualification, shall approve the application for the
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11 exemption,
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12 c. the Tax Commission may require any person claiming a
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13 refund pursuant to the exemptions provided in this
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14 subsection to furnish information or records
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15 concerning the exemption as is deemed necessary by the
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16 Tax Commission, and
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17 d. no claims for refunds pursuant to the provisions of
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18 this subsection shall be filed by or on behalf of
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19 persons other than the operator or a working interest
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20 owner of record at the time of production.
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21 I. The Tax Commission shall have the power to require any such
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22 person engaged in mining or the production or the purchase of such
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23 asphalt, mineral ores aforesaid, oil, or gas, or the owner of any
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24 royalty interest therein to furnish any additional information by it
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1 deemed to be necessary for the purpose of correctly computing the
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2 amount of the tax; and to examine the books, records and files of
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3 such person; and shall have power to conduct hearings and compel the
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4 attendance of witnesses, and the production of books, records and
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5 papers of any person.
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6 I. J. Any person or any member of any firm or association, or
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7 any officer, official, agent or employee of any corporation who
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8 shall fail or refuse to testify; or who shall fail or refuse to
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9 produce any books, records or papers which the Tax Commission shall
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10 require; or who shall fail or refuse to furnish any other evidence
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11 or information which the Tax Commission may require; or who shall
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12 fail or refuse to answer any competent questions which may be put to
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13 him or her by the Tax Commission, touching the business, property,
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14 assets or effects of any such person relating to the gross
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15 production tax imposed by this article or exemption authorized
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16 pursuant to this section or other laws, shall be guilty of a
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17 misdemeanor, and, upon conviction thereof, shall be punished by a
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18 fine of not more than Five Hundred Dollars ($500.00), or
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19 imprisonment in the jail of the county where such offense shall have
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20 been committed, for not more than one (1) year, or by both such fine
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21 and imprisonment; and each day of such refusal on the part of such
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22 person shall constitute a separate and distinct offense.
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23 J. K. The Tax Commission shall have the power and authority to
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24 ascertain and determine whether or not any report herein required to
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Req. No. 684 Page 8
1 be filed with it is a true and correct report of the gross products,
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2 and of the value thereof, of such person engaged in the mining or
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3 production or purchase of asphalt and ores bearing minerals
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4 aforesaid and of oil and gas. If any person has made an untrue or
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5 incorrect report of the gross production or value or volume thereof,
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6 or shall have failed or refused to make such report, the Tax
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7 Commission shall, under the rules prescribed by it, ascertain the
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8 correct amount of either, and compute the tax.
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9 K. L. The payment of the taxes herein levied shall be in full,
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10 and in lieu of all taxes by the state, counties, cities, towns,
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11 school districts and other municipalities upon any property rights
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12 attached to or inherent in the right to the minerals, upon producing
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13 leases for the mining of asphalt and ores bearing lead, zinc, jack
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14 or copper, or for oil, or for gas, upon the mineral rights and
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15 privileges for the minerals aforesaid belonging or appertaining to
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16 land, upon the machinery, appliances and equipment used in and
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17 around any well producing oil, or gas, or any mine producing asphalt
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18 or any of the mineral ores aforesaid and actually used in the
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19 operation of such well or mine. The payment of gross production tax
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20 shall also be in lieu of all taxes upon the oil, gas, asphalt or
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21 ores bearing minerals hereinbefore mentioned during the tax year in
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22 which the same is produced, and upon any investment in any of the
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23 leases, rights, privileges, minerals or other property described
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24 herein. Any interest in the land, other than that herein
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Req. No. 684 Page 9
1 enumerated, and oil in storage, asphalt and ores bearing minerals
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2 hereinbefore named, mined, produced and on hand at the date as of
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3 which property is assessed for general and ad valorem taxation for
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4 any subsequent tax year, shall be assessed and taxed as other
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5 property within the taxing district in which such property is
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6 situated at the time.
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7 L. M. No equipment, material or property shall be exempt from
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8 the payment of ad valorem tax by reason of the payment of the gross
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9 production tax except such equipment, machinery, tools, material or
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10 property as is actually necessary and being used and in use in the
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11 production of asphalt or of ores bearing lead, zinc, jack or copper
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12 or of oil or gas. Provided, the exemption shall include the
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13 wellbore and non-recoverable down-hole material, including casing,
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14 actually used in the disposal of waste materials produced with such
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15 oil or gas. It is expressly declared that no ice plants, hospitals,
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16 office buildings, garages, residences, gasoline extraction or
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17 absorption plants, water systems, fuel systems, rooming houses and
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18 other buildings, nor any equipment or material used in connection
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19 therewith, shall be exempt from ad valorem tax.
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20 SECTION 2. This act shall become effective November 1, 2025.
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22 60-1-684 QD 12/30/2024 11:38:41 PM
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Req. No. 684 Page 10Every fact on this page links to its source, starting with the official bill record.