Okla. Stat. tit. 68, § 68-55009: Oklahoma Emission Reduction Technology Rebate Program

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

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.