Oklahoma § 52-288.5 - Board - Powers, duties and responsibilities

§ 52-288.5. Board - Powers, duties and responsibilities

The Oklahoma Energy Resources Board shall have the following

powers, duties and responsibilities:

1. To administer and enforce the provisions of the Oklahoma

Energy Education and Marketing Act;

2. To establish an office for the Board within the State of

Oklahoma;

3. To elect a chairperson and whatever other officers may be

necessary to direct operations of the Board;

4. To employ personnel as shall be deemed necessary to carry

out the purpose and provisions of the Oklahoma Energy Education and

Marketing Act, including but not limited to an attorney to provide

Oklahoma Statutes - Title 52. Oil and Gas

legal assistance to the Board, and to prescribe their duties and fix

their compensation;

5. To establish and administer the Energy Resources Revolving

Fund;

6. To approve or disapprove the budget of the Board;

7. To promulgate rules as it deems necessary to carry out the

provisions of the Oklahoma Energy Education and Marketing Act;

8. To enter into contracts or agreements for studies, research

projects, experimental work, supplies or other services to carry out

the purposes of the Oklahoma Energy Education and Marketing Act, and

incur those expenses necessary to carry out those purposes. Any

such contract or agreement shall provide that:

a.

the person entering the contract or agreement on

behalf of the Board shall develop and submit to the

Board a plan or project together with a budget or

budgets that shows estimated costs to be incurred for

the plan or project, and

b.

the person entering the contract or agreement shall

keep accurate records of all of its transactions,

account for funds received and expended, and make

periodic reports to the Board of activities conducted,

and such other reports as the Board may require;

9. To keep accurate records of all financial transactions

performed pursuant to the Oklahoma Energy Education and Marketing

Act. These records shall be subject to an annual audit, as defined

by paragraph 4 of subsection B of Section 212 of Title 74 of the

Oklahoma Statutes, by an independent auditor and an annual report

shall be compiled and presented to the Governor;

10. To cooperate with any private, local, state or national

commission, organization, agency or group and to make contracts and

agreements for joint programs beneficial to the oil industry;

11. To accept donations, grants, contributions and gifts from

any public or private source and deposit such in the Energy

Resources Revolving Fund;

12. To approve or disapprove the investment of any monies in

the Energy Resources Revolving Fund; and

13. To keep an accurate record of all assessments collected.

Added by Laws 1992, c. 257, § 5, eff. Sept. 1, 1992. Amended by

Laws 1993, c. 184, § 5, eff. Oct. 1, 1993; Laws 1995, c. 76, § 2,

eff. July 1, 1995; Laws 2010, c. 413, § 12, eff. July 1, 2010.

§52-288.5A. Committee for Sustaining Oklahoma's Energy Resources.

A. There is hereby created the Committee for Sustaining

Oklahoma's Energy Resources which shall be under the direction and

supervision of the Oklahoma Energy Resources Board and shall be for

the purpose of encouraging new processes or technological

advancements to sustain the oil and natural gas industry in the

Oklahoma Statutes - Title 52. Oil and Gas

future for the benefit of the citizens of this state and for

advancing activities to support marginally producing oil and gas

wells.

B. 1. The Committee for Sustaining Oklahoma's Energy Resources

shall be made up of not less than twelve but not more than eighteen

members. The Oklahoma Energy Resources Board shall select one

member of the Board to serve as the chair of the Committee. Except

as otherwise provided, members of the Committee shall be appointed

by the chair of the Committee and approved by a majority of the

Board.

2. The Secretary of Energy or a designee shall serve as a

member of the Committee for Sustaining Oklahoma’s Energy Resources.

The Secretary of Energy shall select one member of the Committee who

shall currently be serving on the Oklahoma Energy Initiative Board

on behalf of the University of Oklahoma, Oklahoma State University,

the University of Tulsa or Oklahoma City University.

3. Of the remaining members of the Committee for Sustaining

Oklahoma’s Energy Resources at least:

a.

four members shall be independent oil and gas

operators, of which at least one shall be from each of

the four Corporation Commission regulatory districts

as they existed on January 1, 2013, and each shall

have operations in the district they represent,

b.

one member shall be an independent oil and gas

operator from Osage County and shall have operations

in Osage County,

c.

one member shall be an independent oil and gas

operator selected from a list of operators submitted

by the Oklahoma Independent Petroleum Association,

d.

one member shall be an oil and gas operator selected

from a list of operators submitted by the MidContinent Oil and Gas Association,

e.

one member shall be an Oklahoma oil and gas royalty

owner selected from a list of names submitted by the

Oklahoma Mineral Owners Association, and

f.

one member shall be an Oklahoma oil and gas royalty

owner selected from a list of names submitted by the

Oklahoma affiliate of the National Association of

Royalty Owners.

4. With the exception of the Secretary of Energy or the

designee of the Secretary, Committee members shall serve for threeyear terms and may be removed from the Committee by a majority vote

of the Committee with or without cause. The Oklahoma Energy

Resources Board may establish any additional qualifications,

requirements or conditions it deems appropriate for members of the

Committee which are consistent with the provisions of this section.

The chair of the Committee, with the approval of the Board, shall

Oklahoma Statutes - Title 52. Oil and Gas

strive to select representatives of all facets of the oil and

natural gas industry, and the University of Oklahoma, Oklahoma State

University, the University of Tulsa, and Oklahoma City University,

in addition to any other interested higher education institutions

and governmental entities charged with duties and authority over

relevant areas.

5. No member of the Committee shall receive a salary for duties

performed as a member of the Committee; however, members may be

eligible to receive reimbursement for necessary and actual travel

expenses as provided for in the State Travel Reimbursement Act if

approved by the Oklahoma Energy Resources Board.

6. Members appointed to serve on the Committee shall be

eligible to serve on any other state board or commission if the

member is otherwise qualified to hold such appointed office,

notwithstanding the provisions of Section 6 of Title 51 of the

Oklahoma Statutes.

C. The Committee for Sustaining Oklahoma’s Energy Resources is

authorized to accept appropriations, donations, grants,

contributions and gifts from any public or private source for the

purpose of implementing the provisions of this act. The Committee

shall deposit such funds in the revolving fund created in Section

288.5B of this title.

D. The Committee for Sustaining Oklahoma’s Energy Resources,

with the advice and consent of the Oklahoma Energy Resources Board,

is authorized to promulgate rules as necessary to implement the

provisions of this act.

Added by Laws 2008, c. 309, § 1, emerg. eff. June 2, 2008. Amended

by Laws 2013, c. 199, § 2, eff. July 1, 2013.

§52-288.5B. Sustaining Oklahoma's Energy Resources Revolving Fund.

There is hereby created in the State Treasury a revolving fund

for the Committee for Sustaining Oklahoma's Energy Resources to be

designated the "Sustaining Oklahoma's Energy Resources Revolving

Fund". The fund shall be a continuing fund, not subject to fiscal

year limitations, and shall consist of all monies transferred to the

Committee for Sustaining Oklahoma's Energy Resources to further the

purposes of this act from any public appropriations and donations,

grants, contributions or gifts from any public or private source.

All monies accruing to the credit of the fund are hereby

appropriated and may be budgeted and expended by the Committee for

Sustaining Oklahoma's Energy Resources for the purpose of

encouraging and funding research and development of new technologies

in the oil and natural gas industry and funding activities to

support marginally producing oil and gas wells. Expenditures from

the fund shall be made upon warrants issued by the State Treasurer

against claims filed as prescribed by law with the Director of the

Oklahoma Statutes - Title 52. Oil and Gas

Office of Management and Enterprise Services for approval and

payment.

Added by Laws 2008, c. 309, § 2, emerg. eff. June 2, 2008. Amended

by Laws 2012, c. 304, § 214; Laws 2013, c. 199, § 3, eff. July 1,

2013.

§52-288.5C. Transferring the authority of the Commission on

Marginally Producing Oil - terminating terms - transferring funds.

A. Effective July 1, 2013, all duties, assets and obligations

of the Commission on Marginally Producing Oil and Gas Wells created

pursuant to Section 700 of Title 52 of the Oklahoma Statutes shall

be transferred to the authority of the Committee for Sustaining

Oklahoma's Energy Resources created pursuant to Section 288.5A of

Title 52 of the Oklahoma Statutes.

B. Effective July 1, 2013, the terms of the members of the

Commission on Marginally Producing Oil and Gas Wells appointed

pursuant to the provisions of Section 700 of Title 52 of the

Oklahoma Statutes shall be terminated.

C. Effective July 1, 2013, all unclassified full-timeequivalent, part-time, and temporary employees of the Commission on

Marginally Producing Oil and Gas Wells shall be terminated.

Employees shall be paid for any accrued annual leave and may be

eligible for other benefits as provided by law.

D. Activities and functions previously performed by the

Commission on Marginally Producing Oil and Gas Wells shall be under

the responsibility of the Committee for Sustaining Oklahoma's Energy

Resources or a successor committee as provided by law. The

Committee may organize itself, create subcommittees or adopt

procedures as deemed necessary and appropriate and consistent with

the provisions of this act to implement the provisions of this act

and carry out the functions and duties of the Commission on

Marginally Producing Oil and Gas Wells with the exception of making

annual reports as required by paragraph 7 of subsection A of Section

701 of Title 52 of the Oklahoma Statutes.

E. Monies remaining in the Commission on Marginally Producing

Oil and Gas Wells Revolving Fund created in Section 705 of Title 52

of the Oklahoma Statutes shall be transferred to the credit of the

Sustaining Oklahoma's Energy Resources Revolving Fund created in

Section 288.5B of Title 52 of the Oklahoma Statutes for use as

provided in this act.

F. The Committee for Sustaining Oklahoma's Energy Resources

with the advice and consent of the Oklahoma Energy Resources Board

is authorized to promulgate any rules necessary to implement the

provisions of this act. The Secretary of Energy may provide

assistance as necessary to oversee the transfer of duties, assets

and obligations pursuant to this act.

Added by Laws 2013, c. 199, § 1, eff. July 1, 2013.

Oklahoma Statutes - Title 52. Oil and Gas

§52-288.5D. Levying fee to fund Commission.

A. To fund the activities of the Committee for Sustaining

Oklahoma's Energy Resources for the purpose of encouraging and

funding research and development of new technologies in the oil and

natural gas industry and to support activities relating to

marginally producing oil and gas wells, a fee shall be levied in the

amount of thirty-five hundredths of one cent ($0.0035) on each

barrel of petroleum liquid and fifteen thousandths of one cent

($0.00015) on each one thousand (1,000) cubic feet (Mcf) of natural

gas, including casinghead gas, produced from each well in the State

of Oklahoma except for oil and gas production exempt from the

payment of gross production tax pursuant to Section 1001 of Title 68

of the Oklahoma Statutes.

B. The fee levied by subsection A of this section shall be

deducted from the proceeds of production by the person remitting

gross production tax to the Oklahoma Tax Commission pursuant to

Section 1001 et seq. of Title 68 of the Oklahoma Statutes. The fee

shall be remitted to the Tax Commission in the same manner as is

provided by law for the payment of gross production tax. However,

the fee shall not be required to be paid until the accrued amount

due from any person required to remit the fee reaches Twenty-five

Dollars ($25.00), except that any amount accrued for any calendar

year shall be paid by January 31st of the following year. To defray

the costs of receiving and depositing the fees levied by this

section, the Tax Commission shall retain three percent (3%) of the

fees received for deposit into the Oklahoma Tax Commission Revolving

Fund created pursuant to Section 113 of Title 68 of the Oklahoma

Statutes. The remaining monies received by the Tax Commission

pursuant to this section shall be deposited in the Sustaining

Oklahoma's Energy Resources Revolving Fund created by Section 288.5B

of this title.

C. The Committee for Sustaining Oklahoma's Energy Resources

shall be responsible for taking appropriate and necessary actions to

collect any fee which is not paid or is not properly paid. The Tax

Commission shall not be responsible for collecting any fee not

remitted to the Tax Commission for deposit into the Sustaining

Oklahoma's Energy Resources Revolving Fund. The Tax Commission

shall report to the Committee for Sustaining Oklahoma's Energy

Resources any information it obtains regarding failure of any person

to properly pay the fee due, including any documentation it may have

of the failure.

D. The Tax Commission shall promulgate rules to establish

procedures and forms necessary for the remittance of the fee levied

by this section.

E. The Committee for Sustaining Oklahoma's Energy Resources or

any successor committee shall be prohibited from utilizing any funds

Oklahoma Statutes - Title 52. Oil and Gas

collected through the assessment authorized by this section for the

purpose of influencing governmental action or policy, with the

exception of recommending amendments to Section 288.1 et seq. of

this title. The Committee shall be authorized to respond to any

request for information from the Governor, any members of the

Legislature, any public official or state agency.

Added by Laws 1992, c. 283, § 4, eff. Oct. 1, 1992. Amended by Laws

1993, c. 146, § 5; Laws 2002, c. 382, § 1, emerg. eff. June 4, 2002;

Laws 2007, c. 331, § 4, eff. Jan. 1, 2008; Laws 2013, c. 199, § 4,

eff. July 1, 2013. Renumbered from Title 52, § 703 by Laws 2013, c.

199, § 7, eff. July 1, 2013.

§52-288.5E. Refund of fees levied on production.

A. Any person subject to the fee levied by Section 703 of this

title may request a refund as provided in this section of the fee

paid on production for the preceding calendar year. Upon compliance

with the provisions of this section and rules promulgated by the

Committee for Sustaining Oklahoma's Energy Resources to implement

this section, the Committee shall refund to each person requesting a

refund the amount of the fee paid by or on behalf of such person

during the preceding calendar year.

B. The request for a refund of the fee paid on production for

the preceding calendar year must be made during the first three (3)

calendar months following the calendar year for which the refund is

requested. Failure to request a refund during this period shall

terminate the right of any person to receive a refund for the fee

paid on production for the preceding calendar year. The Committee

shall give notice of the availability of the refund through press

releases or such other means as it deems appropriate.

C. Each request for a refund shall be made in such manner and

upon such forms as the Committee may require. Each person

requesting a refund shall execute an affidavit stating the

description of the producing property generating the production for

which the refund is requested, the amount of the refund requested

and that affiant was the owner of the production upon which the fee

was levied. The Committee may require such other information and

documentation reasonably necessary to verify the accuracy of the

request for a refund.

Added by Laws 1992, c. 283, § 5, eff. Oct. 1, 1992. Amended by Laws

2013, c. 199, § 5, eff. July 1, 2013. Renumbered from Title 52, §

704 by Laws 2013, c. 199, § 7, eff. July 1, 2013.