Revenue and taxation; Green Energy Subsidy Recapture Tax Act; definitions; purpose; tax levy; exemptions; reporting procedures; remittance; apportionment of revenues; effective date.
Summary
HB1452 creates the “Green Energy Subsidy Recapture Tax Act,” a new state tax on electricity produced in Oklahoma by zero-emission facilities, including wind, solar, geothermal, and hydroelectric projects. The tax is set equal to the amount of the federal Section 45 production tax credit that could be claimed for that electricity, regardless of whether the owner actually claimed the federal credit. In practical terms, the bill would impose a state-level charge tied to the federal subsidy value associated with qualifying renewable generation.
The bill defines covered owners broadly to include individuals and a wide range of business entities, but it excludes electric power produced by government entities from the tax. It also requires monthly reporting to the Oklahoma Tax Commission, electronic filing and payment systems, and treats unpaid amounts as delinquent if not paid by the fifteenth day of the month after the report is due. Revenue collected under the act would be deposited into the General Revenue Fund, and the measure would take effect October 1, 2025.
Impact
If enacted, HB1452 would add a new chapter to Title 68 of the Oklahoma Statutes establishing a tax specifically targeting electricity generation from zero-emission facilities. It would affect renewable energy producers operating in Oklahoma by creating an additional state tax liability linked to the federal production tax credit, while exempting government-owned generation. The bill would also require the Oklahoma Tax Commission to administer monthly reporting and electronic payment procedures and would direct all revenue to the General Revenue Fund.
Sentiment
The available context shows little recorded debate, no committee transcript, and no vote history, so there is no documented floor or committee sentiment to measure. Based on the bill’s structure, it appears designed as a revenue measure rather than a regulatory or incentive bill, and its introduction suggests an intent to offset or recapture benefits associated with renewable energy subsidies. The absence of recorded votes or discussion means support and opposition are not reflected in the provided materials.
Contention
The main point of contention is likely the bill’s treatment of renewable energy projects, since it would impose a tax on wind, solar, geothermal, and hydroelectric generation by effectively recapturing the value of the federal production tax credit. Supporters may view it as a way to raise revenue and ensure subsidized generation contributes to state finances, while opponents would likely argue it singles out clean energy development and could discourage investment in renewable facilities. The exemption for government entities may also be notable because it creates a distinction between public and private power producers.
Carry Over
Revenue and taxation; Green Energy Subsidy Recapture Tax Act; definitions; purpose; tax levy; exemptions; reporting procedures; remittance; apportionment of revenues; effective date.
Crimes and punishments; modifying offenses in certain classes of felonies; creating felony offenses for second or subsequent offenses; adding offenses for which registration pursuant to the Sex Offenders Registration Act applies. Effective date.
Crimes and punishments; creating felony offense related to false impersonation of peace officers; broadening scope of allowable seizure. Effective date.