Okla. Stat. tit. 68, § 68-55009
This is the official text of Okla. Stat. tit. 68, § 68-55009, part of Oklahoma’s Stat. tit. 68, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 68,." Browse the sections below, each linked to its official government source.
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Oklahoma Emission Reduction Technology Rebate Program
Official statutory text
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 implementation of a qualified Emission Reduction Project.
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 Department of Environmental Quality no later
than six (6) months after the end of the fiscal year in which the
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
Oklahoma Statutes - Title 68. Revenue and Taxation Page 1564
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
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 Emission 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 Department 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
balance in the order in which the claims are approved by the
Department.
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 implementation of a qualified Emission Reduction Project.
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 Department of Environmental Quality no later
than six (6) months after the end of the fiscal year in which the
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
Oklahoma Statutes - Title 68. Revenue and Taxation Page 1564
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
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 Emission 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 Department 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
balance in the order in which the claims are approved by the
Department.
Status: in_force · Read it on the official government site
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