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An Act
ENROLLED HOUSE
BILL NO. 2758 By: Caldwell (Trey), Burns,
Fetgatter, Cantrell,
Crosswhite Hader, Miller,
and Boles of the House
and
Haste, Woods, and Hall of
the Senate
An Act relating to Transportation; creating the
Preserving and Advancing County Transportation Fund;
providing for allocation of funds; requiring certain
confirmation from Department of Transportation;
amending 68 O.S. 2021, Section 1004, as amended by
Section 1, Chapter 111, O.S.L. 2022 (68 O.S. Supp.
2024, Section 1004), which relates to apportionment
of gross production tax proceeds; modifying certain
apportionment for certain fiscal years; limiting
amount of certain apportionment; providing for
codification; providing an effective date; and
declaring an emergency.
SUBJECT: Transportation
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 508 of Title 69, unless there is
created a duplication in numbering, reads as follows:
A. There is hereby created in the State Treasury a revolving
fund to be designated as the "Preserving and Advancing County
Transportation Fund" (PACT Fund). The fund shall be a continuing
fund, not subject to fiscal year limitations, and shall consist of
all monies directed for deposit to the fund by law including, but
not limited to, apportionments made pursuant to paragraph 10 of
subsection B of Section 1004 of Title 68 of the Oklahoma Statutes.
All monies accruing to the credit of said fund are hereby
ENR. H. B. NO. 2758 Page 2
appropriated and may be allocated, budgeted, and expended pursuant
to subsection B of this section. Expenditures from said fund shall
be made upon warrants issued by the State Treasurer against claims
filed as prescribed by law with the Director of the Office of
Management and Enterprise Services for approval and payment.
B. 1. Two-thirds (2/3) of the monies deposited to the credit
of the PACT Fund shall be allocated as follows:
a. to the various counties in a manner that increases a
county's per county mile highway construction and
maintenance ratio to a target ratio of Four Thousand
Dollars ($4,000.00) per county road mile, prioritizing
counties with the lowest such ratio, until all of the
various counties reach such target ratio, and
b. any remaining amounts as follows:
(1) fifty percent (50%) shall be allocated to the
various counties in the proportion which the
certified county road miles of each county bears
to the sum of county road miles in the state, and
(2) fifty percent (50%) shall be allocated to the
various counties in the proportion which the
number of county bridges in each county according
to the most recent ODOT Bridge Summary Report for
County Bridges bears to the total sum of county
bridges in the state according to such report.
Each county treasurer shall deposit such funds to the county's
county highway fund and such funds shall be used for constructing
and maintaining the county highway system.
2. One-third (1/3) of the monies deposited to the credit of the
PACT Fund shall be used as necessary for the reconstruction of
county bridges on the portion of the county highway system defined
as major collector routes in accordance with the provisions of
Section 654 of Title 69 of the Oklahoma Statutes. Prior to any
funds for such projects being allocated, the counties shall submit
the proposed projects to the Department of Transportation, which
shall evaluate and confirm whether the proposed projects are in
accordance with the criteria provided for in this subsection.
Bridges proposed for reconstruction will be generally evaluated
based on the state of project innovation, readiness, structural
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adequacy, safety, serviceability, functional obsolescence,
essentiality for public use, structural deficiency ranking as
captured in the most recent ODOT Bridge Summary Report at the time
of submission, and special reductions for characteristics such as
detour length, traffic safety features, and current school bus
routes. Upon confirmation by the Department of Transportation that
a proposed project is in accordance with the criteria provided for
in this subsection, funds shall be allocated to the county for use
in such project.
SECTION 2. AMENDATORY 68 O.S. 2021, Section 1004, as
amended by Section 1, Chapter 111, O.S.L. 2022 (68 O.S. Supp. 2024,
Section 1004), is amended to read as follows:
Section 1004. A. As used in this section:
1. "Moving five-year average amount for gas" means, for
purposes of the apportionments prescribed by this section, the
amount of gross production tax on natural gas collected for each of
the five (5) complete fiscal years, as computed by the State Board
of Equalization pursuant to Section 34.103 of Title 62 of the
Oklahoma Statutes; and
2. "Moving five-year average amount for oil" means, for
purposes of the apportionments prescribed by this section, the
amount of gross production tax on oil collected for each of the five
(5) complete fiscal years, as computed by the State Board of
Equalization pursuant to Section 34.103 of Title 62 of the Oklahoma
Statutes.
B. Beginning July 1, 2017, the gross production tax provided
for in Section 1001 of this title is hereby levied and shall be
collected and apportioned as follows:
1. For all monies collected from the tax levied on asphalt or
ores bearing uranium, lead, zinc, jack, gold, silver or copper:
a. eighty-five and seventy-two one-hundredths percent
(85.72%) shall be paid to the State Treasurer of the
state to be placed in the General Revenue Fund of the
state and used for the general expense of state
government, to be paid out pursuant to direct
appropriation by the Legislature,
ENR. H. B. NO. 2758 Page 4
b. seven and fourteen one-hundredths percent (7.14%) of
the sum collected from natural gas and/or casinghead
gas or asphalt or ores bearing uranium, lead, zinc,
jack, gold, silver or copper shall be paid to the
various county treasurers to be credited to the County
Highway Fund as follows: Each county shall receive a
proportionate share of the funds available based upon
the proportion of the total value of production from
such county in the corresponding month of the
preceding year, and
c. seven and fourteen one-hundredths percent (7.14%)
shall be allocated to each county as provided for in
subparagraph b of this paragraph and shall be
apportioned, on an average daily attendance per capita
distribution basis, as certified by the State
Superintendent of Public Instruction to the school
districts of the county where such pupils attend
school regardless of residence of such pupil, provided
the school district makes an ad valorem tax levy of
fifteen (15) mills for the current year and maintains
twelve (12) years of instruction;
2. For all monies collected from the tax levied on natural gas
and/or casinghead gas at a tax rate of seven percent (7%) pursuant
to the provisions of subsection B of Section 1001 of this title:
a. after the total revenue apportioned to the General
Revenue Fund as prescribed by subparagraph b of this
paragraph equals the moving five-year average amount
for gas as defined by paragraph 1 of subsection A of
this section, there shall be apportioned from the
gross production tax levy imposed pursuant to Section
1001 of this title on natural gas and/or casinghead
gas to the Revenue Stabilization Fund created by
Section 34.102 of Title 62 of the Oklahoma Statutes,
the amount of revenue, if any, which exceeds the
moving five-year average amount for gas as defined
pursuant to paragraph 1 of subsection A of this
section,
b. until the apportionment to the General Revenue Fund
equals the moving five-year average amount for gas as
prescribed by paragraph 1 of subsection A of this
section, eighty-five and seventy-two one-hundredths
ENR. H. B. NO. 2758 Page 5
percent (85.72%) shall be paid to the State Treasurer
of the state to be placed in the General Revenue Fund
of the state and used for the general expense of state
government, to be paid out pursuant to direct
appropriation by the Legislature,
c. before any other apportionment of revenue has been
made pursuant to this paragraph, seven and fourteen
one-hundredths percent (7.14%) of the sum collected
from natural gas and/or casinghead gas shall be paid
to the various county treasurers to be credited to the
County Highway Fund as follows: Each county shall
receive a proportionate share of the funds available
based upon the proportion of the total value of
production from such county in the corresponding month
of the preceding year, and
d. before any other apportionment of revenue has been
made pursuant to this paragraph, seven and fourteen
one-hundredths percent (7.14%) shall be allocated to
each county as provided for in subparagraph c of this
paragraph and shall be apportioned, on an average
daily attendance per capita distribution basis, as
certified by the State Superintendent of Public
Instruction to the school districts of the county
where such pupils attend school regardless of
residence of such pupil, provided the school district
makes an ad valorem tax levy of fifteen (15) mills for
the current year and maintains twelve (12) years of
instruction;
3. For all monies collected from the tax levied on natural gas
and/or casinghead gas at a tax rate of four percent (4%) pursuant to
the provisions of subsection B of Section 1001 of this title:
a. after the total revenue apportioned to the General
Revenue Fund as prescribed by subparagraph b of this
paragraph equals the moving five-year average amount
for gas as defined by paragraph 1 of subsection A of
this section, there shall be apportioned from the
gross production tax levy imposed pursuant to Section
1001 of this title on natural gas and/or casinghead
gas to the Revenue Stabilization Fund created pursuant
to Section 34.102 of Title 62 of the Oklahoma
Statutes, the amount of revenue, if any, which exceeds
ENR. H. B. NO. 2758 Page 6
the moving five-year average amount for gas as defined
pursuant to paragraph 1 of subsection A of this
section,
b. until the apportionment to the General Revenue Fund
equals the moving five-year average amount for gas as
prescribed by paragraph 1 of subsection A of this
section, seventy-five percent (75%) shall be paid to
the State Treasurer of the state to be placed in the
General Revenue Fund of the state and used for the
general expense of state government, to be paid out
pursuant to direct appropriation by the Legislature,
c. before any other apportionment of revenue has been
made pursuant to this paragraph, twelve and one-half
percent (12.5%) of the sum collected from natural gas
and/or casinghead gas shall be paid to the various
county treasurers to be credited to the County Highway
Fund as follows: Each county shall receive a
proportionate share of the funds available based upon
the proportion of the total value of production from
such county in the corresponding month of the
preceding year, and
d. before any other apportionment of revenue has been
made pursuant to this paragraph, twelve and one-half
percent (12.5%) shall be allocated to each county as
provided for in subparagraph c of this paragraph and
shall be apportioned, on an average daily attendance
per capita distribution basis, as certified by the
State Superintendent of Public Instruction to the
school districts of the county where such pupils
attend school regardless of residence of such pupil,
provided the school district makes an ad valorem tax
levy of fifteen (15) mills for the current year and
maintains twelve (12) years of instruction;
4. For all monies collected from the tax levied on natural gas
and/or casinghead gas at a tax rate of one percent (1%) pursuant to
the provisions of subsection B of Section 1001 of this title:
a. fifty percent (50%) of the sum collected from natural
gas and/or casinghead gas shall be paid to the various
county treasurers to be credited to the County Highway
Fund as follows: Each county shall receive a
ENR. H. B. NO. 2758 Page 7
proportionate share of the funds available based upon
the proportion of the total value of production from
such county in the corresponding month of the
preceding year, and
b. fifty percent (50%) shall be allocated to each county
as provided for in subparagraph a of this paragraph
and shall be apportioned, on an average daily
attendance per capita distribution basis, as certified
by the State Superintendent of Public Instruction to
the school districts of the county where such pupils
attend school regardless of residence of such pupil,
provided the school district makes an ad valorem tax
levy of fifteen (15) mills for the current year and
maintains twelve (12) years of instruction;
5. For all monies collected from the tax levied on natural gas
and/or casinghead gas at a tax rate of two percent (2%) pursuant to
the provisions of paragraph 3 of subsection B of Section 1001 of
this title:
a. after the total revenue apportioned to the General
Revenue Fund as prescribed by subparagraph b of this
paragraph equals the moving five-year average amount
for gas as defined by paragraph 1 of subsection A of
this section, there shall be apportioned from the
gross production tax levy imposed pursuant to Section
1001 of this title on gas to the Revenue Stabilization
Fund created by Section 34.102 of Title 62 of the
Oklahoma Statutes, the amount of revenue, if any,
which exceeds the moving five-year average amount for
natural gas and/or casinghead gas as defined pursuant
to paragraph 1 of subsection A of this section,
b. until the apportionment to the General Revenue Fund
equals the moving five-year average amount for gas as
prescribed by paragraph 1 of subsection A of this
section, fifty percent (50%) shall be paid to the
State Treasurer to be placed in the General Revenue
Fund of the state and used for the general expense of
state government, to be paid out pursuant to direct
appropriation by the Legislature,
c. before any other apportionment of revenue has been
made pursuant to this paragraph, twenty-five percent
ENR. H. B. NO. 2758 Page 8
(25%) of the sum collected from natural gas and/or
casinghead gas shall be paid to the various county
treasurers to be credited to the County Highway Fund
as follows: Each county shall receive a proportionate
share of the funds available based upon the proportion
of the total value of production from such county in
the corresponding month of the preceding year, and
d. before any other apportionment of revenue has been
made pursuant to this paragraph, twenty-five percent
(25%) shall be allocated to each county as provided
for in subparagraph c of this paragraph and shall be
apportioned on an average daily attendance per capita
distribution basis, as certified by the State
Superintendent of Public Instruction, to the school
districts of the county where such pupils attend
school regardless of residence of such pupil, provided
the school district makes an ad valorem tax levy of
fifteen (15) mills for the current year and maintains
twelve (12) years of instruction;
6. For all monies collected from the tax levied on oil at a tax
rate of seven percent (7%) pursuant to the provisions of subsection
B of Section 1001 of this title:
a. there shall be apportioned from the gross production
tax levy imposed pursuant to Section 1001 of this
title on oil to the Revenue Stabilization Fund created
by Section 34.102 of Title 62 of the Oklahoma
Statutes, after the applicable maximum amount
prescribed by subsection C of this section has been
deposited to the funds therein specified, the amount
of revenue, if any, which would otherwise be
apportioned to the General Revenue Fund and which
exceeds the moving five-year average amount for oil as
defined pursuant to paragraph 2 of subsection A of
this section,
b. before any other apportionment of revenue has been
made pursuant to this paragraph, twenty-five and
seventy-two one-hundredths percent (25.72%) shall be
paid to the State Treasurer to be placed in the Common
Education Technology Revolving Fund created in Section
34.90 of Title 62 of the Oklahoma Statutes,
ENR. H. B. NO. 2758 Page 9
c. before any other apportionment of revenue has been
made pursuant to this paragraph, twenty-five and
seventy-two one-hundredths percent (25.72%) shall be
paid to the State Treasurer to be placed in the Higher
Education Capital Revolving Fund created in Section
34.91 of Title 62 of the Oklahoma Statutes,
d. before any other apportionment of revenue has been
made pursuant to this paragraph, twenty-five and
seventy-two one-hundredths percent (25.72%) shall be
paid to the State Treasurer to be placed in the
Oklahoma Student Aid Revolving Fund created in Section
34.92 of Title 62 of the Oklahoma Statutes,
e. before any other apportionment of revenue has been
made pursuant to this paragraph, three and seven
hundred forty-five one-thousandths percent (3.745%)
shall be distributed to the various counties of the
state for deposit into the County Bridge and Road
Improvement Fund of each county based on a formula
developed by the Department of Transportation and
approved by the Department of Transportation County
Advisory Board created pursuant to Section 302.1 of
Title 69 of the Oklahoma Statutes to be used for the
purposes set forth in the County Bridge and Road
Improvement Act. The formula shall be similar to the
formula currently used for the distribution of monies
in the County Bridge Program funds, but shall also
take into consideration the effect of the terrain and
traffic volume as related to county road improvement
and maintenance costs,
f. before any other apportionment of revenue has been
made pursuant to this paragraph, four and twenty-eight
one-hundredths percent (4.28%) shall be paid to the
State Treasurer to be apportioned to:
(1) the following sources and in the following
amounts through the fiscal year ending June 30,
2027:
(a) thirty-three and one-third percent (33 1/3%)
to the Oklahoma Tourism and Recreation
Department Capital Expenditure Revolving
ENR. H. B. NO. 2758 Page 10
Fund created pursuant to Section 2254.1 of
Title 74 of the Oklahoma Statutes,
(b) thirty-three and one-third percent (33 1/3%)
to the Oklahoma Conservation Commission
Infrastructure Revolving Fund created
pursuant to Section 3-2-110 of Title 27A of
the Oklahoma Statutes, and
(c) thirty-three and one-third percent (33 1/3%)
to the Community Water Infrastructure
Development Revolving Fund created pursuant
to Section 1085.7A of Title 82 of the
Oklahoma Statutes, and
(2) the Oklahoma Water Resources Board Rural Economic
Action Plan Water Projects Fund for the fiscal
year beginning July 1, 2027, and for each fiscal
year thereafter,
g. before any other apportionment of revenue has been
made pursuant to this paragraph, seven and fourteen
one-hundredths percent (7.14%) of the sum collected
from oil shall be paid to the various county
treasurers, to be credited to the County Highway Fund
as follows: Each county shall receive a proportionate
share of the funds available based upon the proportion
of the total value of production from such county in
the corresponding month of the preceding year,
h. before any other apportionment of revenue has been
made pursuant to this paragraph, seven and fourteen
one-hundredths percent (7.14%) shall be allocated to
each county as provided in subparagraph g of this
paragraph and shall be apportioned, on an average
daily attendance per capita distribution basis, as
certified by the State Superintendent of Public
Instruction, to the school districts of the county
where such pupils attend school regardless of
residence of such pupil, provided the school district
makes an ad valorem tax levy of fifteen (15) mills for
the current year and maintains twelve (12) years of
instruction, and
ENR. H. B. NO. 2758 Page 11
i. before any other apportionment of revenue has been
made pursuant to this paragraph, five hundred thirty-
five one-thousandths percent (0.535%) of the levy
shall be transmitted by the Oklahoma Tax Commission to
the Statewide Circuit Engineering District Revolving
Fund as created in Section 687.2 of Title 69 of the
Oklahoma Statutes;
7. For all monies collected from the tax levied on oil at a tax
rate of four percent (4%) pursuant to the provisions of subsection B
of Section 1001 of this title:
a. there shall be apportioned from the gross production
tax levy imposed pursuant to Section 1001 of this
title on oil to the Revenue Stabilization Fund created
by Section 34.102 of Title 62 of the Oklahoma
Statutes, after the applicable maximum amount
prescribed by subsection C of this section has been
deposited to the funds therein specified, the amount
of revenue, if any, which would otherwise be
apportioned to the General Revenue Fund and which
exceeds the moving five-year average amount for oil as
defined pursuant to paragraph 2 of subsection A of
this section,
b. before any other apportionment of revenue has been
made pursuant to this paragraph, twenty-two and one-
half percent (22.5%) shall be paid to the State
Treasurer to be placed in the Common Education
Technology Revolving Fund created in Section 34.90 of
Title 62 of the Oklahoma Statutes,
c. before any other apportionment of revenue has been
made pursuant to this paragraph, twenty-two and one-
half percent (22.5%) shall be paid to the State
Treasurer to be placed in the Higher Education Capital
Revolving Fund created in Section 34.91 of Title 62 of
the Oklahoma Statutes,
d. before any other apportionment of revenue has been
made pursuant to this paragraph, twenty-two and one-
half percent (22.5%) shall be paid to the State
Treasurer to be placed in the Oklahoma Student Aid
Revolving Fund created in Section 34.92 of Title 62 of
the Oklahoma Statutes,
ENR. H. B. NO. 2758 Page 12
e. before any other apportionment of revenue has been
made pursuant to this paragraph, three and twenty-
eight one-hundredths percent (3.28%) shall be
distributed to the various counties of the state for
deposit into the County Bridge and Road Improvement
Fund of each county based on a formula developed by
the Department of Transportation and approved by the
Department of Transportation County Advisory Board
created pursuant to Section 302.1 of Title 69 of the
Oklahoma Statutes to be used for the purposes set
forth in the County Bridge and Road Improvement Act.
The formula shall be similar to the formula currently
used for the distribution of monies in the County
Bridge Program funds, but shall also take into
consideration the effect of the terrain and traffic
volume as related to county road improvement and
maintenance costs,
f. before any other apportionment of revenue has been
made pursuant to this paragraph, three and seventy-
five one-hundredths percent (3.75%) shall be paid to
the State Treasurer to be apportioned to:
(1) the following sources and in the following
amounts through the fiscal year ending June 30,
2027:
(a) thirty-three and one-third percent (33 1/3%)
to the Oklahoma Tourism and Recreation
Department Capital Expenditure Revolving
Fund created pursuant to Section 2254.1 of
Title 74 of the Oklahoma Statutes,
(b) thirty-three and one-third percent (33 1/3%)
to the Oklahoma Conservation Commission
Infrastructure Revolving Fund created
pursuant to Section 3-2-110 of Title 27A of
the Oklahoma Statutes, and
(c) thirty-three and one-third percent (33 1/3%)
to the Community Water Infrastructure
Development Revolving Fund created pursuant
to Section 1085.7A of Title 82 of the
Oklahoma Statutes, and
ENR. H. B. NO. 2758 Page 13
(2) the Oklahoma Water Resources Board Rural Economic
Action Plan Water Projects Fund for the fiscal
year beginning July 1, 2027, and for each fiscal
year thereafter,
g. before any other apportionment of revenue has been
made pursuant to this paragraph, twelve and one-half
percent (12.5%) of the sum collected from oil shall be
paid to the various county treasurers, to be credited
to the County Highway Fund as follows: Each county
shall receive a proportionate share of the funds
available based upon the proportion of the total value
of production from such county in the corresponding
month of the preceding year,
h. before any other apportionment of revenue has been
made pursuant to this paragraph, twelve and one-half
percent (12.5%) shall be allocated to each county as
provided in subparagraph g of this paragraph and shall
be apportioned on an average daily attendance per
capita distribution basis, as certified by the State
Superintendent of Public Instruction, to the school
districts of the county where such pupils attend
school regardless of residence of such pupil, provided
the school district makes an ad valorem tax levy of
fifteen (15) mills for the current year and maintains
twelve (12) years of instruction, and
i. before any other apportionment of revenue has been
made pursuant to this paragraph, forty-seven one-
hundredths percent (0.47%) of the levy shall be
transmitted by the Tax Commission to the Statewide
Circuit Engineering District Revolving Fund as created
in Section 687.2 of Title 69 of the Oklahoma Statutes;
8. For all monies collected from the tax levied on oil at a tax
rate of one percent (1%) pursuant to the provisions of subsection B
of Section 1001 of this title:
a. fifty percent (50%) of the sum collected shall be paid
to the various county treasurers, to be credited to
the County Highway Fund as follows: Each county shall
receive a proportionate share of the funds available
based upon the proportion of the total value of
ENR. H. B. NO. 2758 Page 14
production from such county in the corresponding month
of the preceding year, and
b. fifty percent (50%) shall be allocated to each county
as provided for in subparagraph a of this paragraph
and shall be apportioned on an average daily
attendance per capita distribution basis, as certified
by the State Superintendent of Public Instruction, to
the school districts of the county where such pupils
attend school regardless of residence of such pupil,
provided the school district makes an ad valorem tax
levy of fifteen (15) mills for the current year and
maintains twelve (12) years of instruction;
9. For all monies collected from the tax levied on oil at a tax
rate of two percent (2%) pursuant to the provisions of paragraph 3
of subsection B of Section 1001 of this title:
a. there shall be apportioned from the gross production
tax levy imposed pursuant to Section 1001 of this
title on oil to the Revenue Stabilization Fund created
by Section 34.102 of Title 62 of the Oklahoma
Statutes, the amount of revenue, if any, which exceeds
the moving five-year average amount for oil as defined
pursuant to paragraph 2 of subsection A of this
section,
b. until the apportionment to the General Revenue Fund
equals the moving five-year average amount for oil as
prescribed by paragraph 2 of subsection A of this
section, fifty percent (50%) shall be paid to the
State Treasurer to be placed in the General Revenue
Fund of the state and used for the general expense of
state government, to be paid out pursuant to direct
appropriation by the Legislature,
c. before any other apportionment of revenue has been
made pursuant to this paragraph, twenty-five percent
(25%) of the sum collected from oil shall be paid to
the various county treasurers, to be credited to the
County Highway Fund as follows: Each county shall
receive a proportionate share of the funds available
based upon the proportion of the total value of
production from such county in the corresponding month
of the preceding year, and
ENR. H. B. NO. 2758 Page 15
d. before any other apportionment of revenue has been
made pursuant to this paragraph, twenty-five percent
(25%) shall be allocated to each county as provided in
subparagraph c of this paragraph and shall be
apportioned on an average daily attendance per capita
distribution basis, as certified by the State
Superintendent of Public Instruction, to the school
districts of the county where such pupils attend
school regardless of residence of such pupil, provided
the school district makes an ad valorem tax levy of
fifteen (15) mills for the current year and maintains
twelve (12) years of instruction;
10. On or after June 28, 2018 and before July 1, 2025, the
gross production tax levied on natural gas or casinghead gas at the
rate of five percent (5%) provided for in paragraph 3 of subsection
B of Section 1001 of this title shall be apportioned as follows:
a. after the total revenue apportioned to the General
Revenue Fund as prescribed by subparagraph b of this
paragraph equals the moving five-year average amount
for gas as defined by paragraph 1 of subsection A of
this section, there shall be apportioned from the
gross production tax levy imposed pursuant to Section
1001 of this title on natural gas and/or casinghead
gas to the Revenue Stabilization Fund created pursuant
to Section 34.102 of Title 62 of the Oklahoma
Statutes, the amount of revenue, if any, which exceeds
the moving five-year average amount for gas as defined
pursuant to paragraph 1 of subsection A of this
section,
b. until the apportionment to the General Revenue Fund
equals the moving five-year average amount for gas as
prescribed by paragraph 1 of subsection A of this
section, eighty percent (80%) shall be paid to the
State Treasurer of the state to be placed in the
General Revenue Fund of the state and used for the
general expense of state government, to be paid out
pursuant to direct appropriation by the Legislature,
c. before any other apportionment of revenue has been
made pursuant to this paragraph, ten percent (10%) of
the sum collected from natural gas and/or casinghead
ENR. H. B. NO. 2758 Page 16
gas shall be paid to the various county treasurers to
be credited to the County Highway Fund as follows:
Each county shall receive a proportionate share of the
funds available based upon the proportion of the total
value of production from such county in the
corresponding month of the preceding year, and
d. before any other apportionment of revenue has been
made pursuant to this paragraph, ten percent (10%)
shall be allocated to each county as provided for in
subparagraph c of this paragraph and shall be
apportioned, on an average daily attendance per capita
distribution basis, as certified by the State
Superintendent of Public Instruction to the school
districts of the county where such pupils attend
school regardless of residence of such pupil, provided
the school district makes an ad valorem tax levy of
fifteen (15) mills for the current year and maintains
twelve (12) years of instruction; and
11. Beginning July 1, 2025, the gross production tax levied on
natural gas or casinghead gas at the rate of five percent (5%)
provided for in paragraph 3 of subsection B of Section 1001 of this
title shall be apportioned as follows:
a. after the total revenue apportioned to the General
Revenue Fund as prescribed by subparagraph b of this
paragraph equals the moving five-year average amount
for gas as defined by paragraph 1 of subsection A of
this section, there shall be apportioned from the
gross production tax levy imposed pursuant to Section
1001 of this title on natural gas and/or casinghead
gas to the Revenue Stabilization Fund created pursuant
to Section 34.102 of Title 62 of the Oklahoma
Statutes, the amount of revenue, if any, which exceeds
the moving five-year average amount for gas as defined
pursuant to paragraph 1 of subsection A of this
section,
b. until the apportionment to the General Revenue Fund
equals the moving five-year average amount for gas as
prescribed by paragraph 1 of subsection A of this
section, forty percent (40%) shall be paid to the
State Treasurer of the state to be placed in the
General Revenue Fund of the state and used for the
ENR. H. B. NO. 2758 Page 17
general expense of state government, to be paid out
pursuant to direct appropriation by the Legislature,
c. before any other apportionment of revenue has been
made pursuant to this paragraph, ten percent (10%) of
the sum collected from natural gas and/or casinghead
gas shall be paid to the various county treasurers to
be credited to the County Highway Fund as follows:
Each county shall receive a proportionate share of the
funds available based upon the proportion of the total
value of production from such county in the
corresponding month of the preceding year,
d. before any other apportionment of revenue has been
made pursuant to this paragraph, ten percent (10%)
shall be allocated to each county as provided for in
subparagraph c of this paragraph and shall be
apportioned, on an average daily attendance per capita
distribution basis, as certified by the State
Superintendent of Public Instruction to the school
districts of the county where such pupils attend
school regardless of residence of such pupil, provided
the school district makes an ad valorem tax levy of
fifteen (15) mills for the current year and maintains
twelve (12) years of instruction, and
e. before any other apportionment of revenue has been
made pursuant to this paragraph, forty percent (40%)
shall be remitted to the State Treasurer to be
credited to the Preserving and Advancing County
Transportation Fund created in Section 1 of this act,
but in no event shall the total amount apportioned in
any fiscal year pursuant to this subparagraph exceed
Seventy-five Million Dollars ($75,000,000.00). Any
amounts in excess of Seventy-five Million Dollars
($75,000,000.00) shall be placed in the General
Revenue Fund of the state and used for the general
expense of state government, to be paid out pursuant
to direct appropriation by the Legislature; and
12. On or after June 28, 2018, the gross production tax on oil
levied at the rate of five percent (5%) provided for in paragraph 3
of subsection B of Section 1001 of this title shall be apportioned
as follows:
ENR. H. B. NO. 2758 Page 18
a. there shall be apportioned from the gross production
tax levy imposed pursuant to Section 1001 of this
title on oil to the Revenue Stabilization Fund created
by Section 34.102 of Title 62 of the Oklahoma
Statutes, after the applicable maximum amount
prescribed by subsection C of this section has been
deposited to the funds therein specified, the amount
of revenue, if any, which would otherwise be
apportioned to the General Revenue Fund and which
exceeds the moving five-year average amount for oil as
defined pursuant to paragraph 2 of subsection A of
this section,
b. before any other apportionment of revenue has been
made pursuant to this paragraph, twenty-three and
seventy-five one-hundredths percent (23.75%) shall be
paid to the State Treasurer to be placed in the Common
Education Technology Revolving Fund created in Section
34.90 of Title 62 of the Oklahoma Statutes,
c. before any other apportionment of revenue has been
made pursuant to this paragraph, twenty-three and
seventy-five one-hundredths percent (23.75%) shall be
paid to the State Treasurer to be placed in the Higher
Education Capital Revolving Fund created in Section
34.91 of Title 62 of the Oklahoma Statutes,
d. before any other apportionment of revenue has been
made pursuant to this paragraph, twenty-three and
seventy-five one-hundredths percent (23.75%) shall be
paid to the State Treasurer to be placed in the
Oklahoma Student Aid Revolving Fund created in Section
34.92 of Title 62 of the Oklahoma Statutes,
e. before any other apportionment of revenue has been
made pursuant to this paragraph, three and twenty-
eight one-hundredths percent (3.28%) shall be
distributed to the various counties of the state for
deposit into the County Bridge and Road Improvement
Fund of each county based on a formula developed by
the Department of Transportation and approved by the
Department of Transportation County Advisory Board
created pursuant to Section 302.1 of Title 69 of the
Oklahoma Statutes to be used for the purposes set
forth in the County Bridge and Road Improvement Act.
ENR. H. B. NO. 2758 Page 19
The formula shall be similar to the formula currently
used for the distribution of monies in the County
Bridge Program funds, but shall also take into
consideration the effect of the terrain and traffic
volume as related to county road improvement and
maintenance costs,
f. before any other apportionment of revenue has been
made pursuant to this paragraph, five percent (5%)
shall be paid to the State Treasurer to be apportioned
to:
(1) the following sources and in the following
amounts through the fiscal year ending June 30,
2027:
(a) thirty-three and one-third percent (33 1/3%)
to the Oklahoma Tourism and Recreation
Department Capital Expenditure Revolving
Fund created pursuant to Section 2254.1 of
Title 74 of the Oklahoma Statutes,
(b) thirty-three and one-third percent (33 1/3%)
to the Oklahoma Conservation Commission
Infrastructure Revolving Fund created
pursuant to Section 3-2-110 of Title 27A of
the Oklahoma Statutes, and
(c) thirty-three and one-third percent (33 1/3%)
to the Community Water Infrastructure
Development Revolving Fund created pursuant
to Section 1085.7A of Title 82 of the
Oklahoma Statutes, and
(2) the Oklahoma Water Resources Board Rural Economic
Action Plan Water Projects Fund for the fiscal
year beginning July 1, 2027, and for each fiscal
year thereafter,
g. before any other apportionment of revenue has been
made pursuant to this paragraph, ten percent (10%) of
the sum collected from oil shall be paid to the
various county treasurers, to be credited to the
County Highway Fund as follows: Each county shall
receive a proportionate share of the funds available
ENR. H. B. NO. 2758 Page 20
based upon the proportion of the total value of
production from such county in the corresponding month
of the preceding year,
h. before any other apportionment of revenue has been
made pursuant to this paragraph, ten percent (10%)
shall be allocated to each county as provided in
subparagraph g of this paragraph and shall be
apportioned on an average daily attendance per capita
distribution basis, as certified by the State
Superintendent of Public Instruction, to the school
districts of the county where such pupils attend
school regardless of residence of such pupil, provided
the school district makes an ad valorem tax levy of
fifteen (15) mills for the current year and maintains
twelve (12) years of instruction, and
i. before any other apportionment of revenue has been
made pursuant to this paragraph, forty-seven one-
hundredths percent (0.47%) of the levy shall be
transmitted by the Tax Commission to the Statewide
Circuit Engineering District Revolving Fund as created
in Section 687.2 of Title 69 of the Oklahoma Statutes.
C. Provided, notwithstanding any other provision of this
section, the total amounts deposited to the Common Education
Technology Revolving Fund, the Higher Education Capital Revolving
Fund, the Oklahoma Student Aid Revolving Fund, the Rural Economic
Action Plan Water Projects Fund, the Oklahoma Tourism and Recreation
Department Capital Expenditure Revolving Fund, the Oklahoma
Conservation Commission Infrastructure Revolving Fund and the
Community Water Infrastructure Development Revolving Fund pursuant
to paragraphs 6, 7 and 11 of subsection B of this section shall not
exceed One Hundred Fifty Million Dollars ($150,000,000.00) in any
fiscal year. Except as otherwise provided in this subsection, all
sums in excess of One Hundred Fifty Million Dollars
($150,000,000.00) in any fiscal year which would otherwise be
deposited in such funds shall be apportioned by the Oklahoma Tax
Commission to the General Revenue Fund of the state.
SECTION 3. This act shall become effective July 1, 2025.
SECTION 4. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
ENR. H. B. NO. 2758 Page 21
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
ENR. H. B. NO. 2758 Page 22
Passed the House of Representatives the 28th day of May, 2025.
Presiding Officer of the House
of Representatives
Passed the Senate the 28th day of May, 2025.
cv
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________