Energy; transferring duties and responsibilities from the Oklahoma Energy Resources Board to the Corporation Commission. Effective date.

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STATE OF OKLAHOMA

2nd Session of the 60th Legislature (2026)

SENATE BILL 1528 By: Boren

AS INTRODUCED

An Act relating to energy; transferring duties and
responsibilities from the Oklahoma Energy Resources
Board to the Corporation Commission; amending 52 O.S.
2021, Section 288.2, which relates to definitions;
modifying definitions; adding term; amending 52 O.S.
2021, Section 288.3, as last amended by Section 1,
Chapter 13, O.S.L. 2025 (52 O.S. Supp. 2025, Section
288.3), which relates to the Oklahoma Energy
Resources Board; transferring duties to the
Corporation Commission; amending 52 O.S. 2021,
Sections 288.5, 288.5A, 288.5C, 288.7, 288.8A,
288.9A, 288.11, and 288.12, which relate to the
Oklahoma Energy Education and Marketing Act;
requiring the Corporation Commission to coordinate
certain program; clarifying responsibilities of the
Corporation Commission; placing the Committee for
Sustaining Oklahoma’s Energy Resources under the
Corporation Commission; transferring fund
administration duties to the Corporation Commission;
modifying amounts to be used for certain purpose;
authorizing certain expenditures; removing certain
expenditure restrictions upon certain finding;
removing certain eligibility requirements; conforming
statutory references; updating statutory language and
references; repealing 52 O.S. 2021, Section 288.4,
which relates to composition of the Oklahoma Energy
Resources Board; repealing 52 O.S. 2021, Section
288.6, which relates to the Oklahoma Energy Resources
Board; providing for codification; and providing an
effective date.

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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 288.1A of Title 52, unless there
is created a duplication in numbering, reads as follows:
A. Effective November 1, 2026, all powers, duties, and
responsibilities exercised by the Oklahoma Energy Resources Board
shall be transferred to the Corporation Commission.
B. The period of July 1, 2026, through October 31, 2026, shall
be a transitional period in which the Corporation Commission shall
gradually assume complete administration and management over the
powers, duties, responsibilities, and staff currently carrying out
the administration of the Oklahoma Energy Resources Board. During
this transition period, the employees assigned to the Oklahoma
Energy Resources Board shall continue to be employees of the Board
unless otherwise agreed to by the Commission and Board.
SECTION 2. AMENDATORY 52 O.S. 2021, Section 288.2, is
amended to read as follows:
Section 288.2. As used in the Oklahoma Energy Education and
Marketing Act, Section 288.1 et seq. of this title:
1. “Board” means the Oklahoma Energy Resources Board “Abandoned
well” means a well that is described and listed in a report
published by the Corporation Commission identifying oil or gas wells
that have been determined to be abandoned or orphaned by the

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Corporation Commission as a result of bankruptcy, inability to find
the owner, or for other reasons;
2. “Person” means any individual, group of individuals, or any
partnership, corporation, association, cooperative, or employee
thereof, or any other entity “Commission” means the Corporation
Commission;
3. “Independent producer” means any person:
a. who produces oil or natural gas and is not engaged in
refining or marketing of such products, or
b. who derives a majority of his or her oil- or natural
gas-related income from working interest;
4. “Major oil company” means any person who produces oil or
natural gas in the State of Oklahoma and who is a retailer as
defined in IRS Code Sec. 613A (d)(2) or a refiner as defined in Sec.
613A (d)(4) of the Code or is a subsidiary, directly or indirectly,
of a company that is classified as a major oil company as defined
herein; and
5. “Person” means any individual, group of individuals, or any
partnership, corporation, association, cooperative, or employee
thereof, or any other entity;
6. “Public education” means educational activities directed to
the general public regarding safety protocols and risk awareness
associated with oil and gas production technologies; and

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7. “Qualified independent producer association” means an entity
in existence as of January 1, 1992, that is organized and operating
within the state, a majority of whose governing body are independent
producers and which represents the independent oil or natural gas
industry on a statewide basis.
SECTION 3. AMENDATORY 52 O.S. 2021, Section 288.3, as
last amended by Section 1, Chapter 13, O.S.L. 2025 (52 O.S. Supp.
2025, Section 288.3), is amended to read as follows:
Section 288.3. There is hereby re-created until July 1, 2031,
the Oklahoma Energy Resources Board which shall be subject to the
provisions of the Oklahoma Sunset Law. The purpose of the Board is
to The Corporation Commission shall coordinate a program designed to
demonstrate to the general public the importance of the Oklahoma oil
and natural gas exploration and production industry, to encourage
the wise and efficient use of energy, to promote environmentally
sound production methods and technologies, to develop existing
supplies of Oklahoma’s oil and natural gas resources, to support
research and educational activities concerning the oil and natural
gas exploration and production industry and to cause remediation of
historical oilfield environmental problems.
SECTION 4. AMENDATORY 52 O.S. 2021, Section 288.5, is
amended to read as follows:

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Section 288.5. The Oklahoma Energy Resources Board Corporation
Commission 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
legal assistance to the Board Commission, and to prescribe their
duties and fix their compensation;
5. 3. To establish and administer the Energy Resources
Revolving Fund;
6. To approve or disapprove the budget of the Board;
7. 4. To promulgate rules as it deems necessary to carry out
the provisions of the Oklahoma Energy Education and Marketing Act;
8. 5. 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:

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a. the person entering the contract or agreement on
behalf of the Board Commission shall develop and
submit to the Board Commission 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 Commission of activities
conducted, and such other reports as the Board
Commission may require;
9. 6. 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. 7. 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. 8. To accept donations, grants, contributions, and gifts
from any public or private source and deposit such in the Energy
Resources Revolving Fund;

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12. 9. To approve or disapprove the investment of any monies in
the Energy Resources Revolving Fund; and
13. 10. To keep an accurate record of all assessments
collected.
SECTION 5. AMENDATORY 52 O.S. 2021, Section 288.5A, is
amended to read as follows:
Section 288.5A. 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
Corporation Commission and shall be for the purpose of encouraging
new processes or technological advancements to sustain the oil and
natural gas industry in the 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 Corporation Commission
shall select one member of the Board Commission 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 Commission.
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

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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 Mid-
Continent 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

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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 three-
year terms and may be removed from the Committee by a majority vote
of the Committee with or without cause. The Oklahoma Energy
Resources Board Corporation Commission 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 Commission, shall 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 Corporation
Commission.
6. Members appointed to serve on the Committee shall be
eligible to serve on any other state board or commission if the

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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 section and
Sections 288.5B and 288.11 of this title. 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
Corporation Commission, is authorized to promulgate rules as
necessary to implement the provisions of this act section and
Sections 288.5B and 288.11 of this title.
SECTION 6. AMENDATORY 52 O.S. 2021, Section 288.5C, is
amended to read as follows:
Section 288.5C. 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 this title 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 this
title.

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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 this title shall be terminated.
C. Effective July 1, 2013, all unclassified full-time-
equivalent, 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 this title.
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 this title shall be transferred to the
credit of the Sustaining Oklahoma’s Energy Resources Revolving Fund

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created in Section 288.5B of Title 52 of the Oklahoma Statutes this
title for use as provided in this act Sections 288.5A through 288.5E
of this title.
F. The Committee for Sustaining Oklahoma’s Energy Resources,
with the advice and consent of the Oklahoma Energy Resources Board
Corporation Commission, is authorized to promulgate any rules
necessary to implement the provisions of this act Sections 288.5A
through 288.5E of this title. The Secretary of Energy may provide
assistance as necessary to oversee the transfer of duties, assets,
and obligations pursuant to this act Sections 288.5A through 288.5E
of this title.
SECTION 7. AMENDATORY 52 O.S. 2021, Section 288.7, is
amended to read as follows:
Section 288.7. A. There is hereby created in the State
Treasury a revolving fund for the Oklahoma Energy Resources Board
Corporation Commission to be designated the “Energy Resources
Revolving Fund”. The fund shall be a continuing fund, not subject
to fiscal year limitations and shall consist of all monies received
by the Oklahoma Energy Resources Board Corporation Commission from
assessments received and collected pursuant to Section 288.8A of
this title, donations, grants, contributions, and gifts from any
public or private source. The Board Commission may expend funds as
provided for by law. Expenditures from said such fund shall be made
upon warrants issued by the State Treasurer against claims filed as

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prescribed by law with the Director of the Office of Management and
Enterprise Services for approval and payment.
B. 1. Of the monies collected and not refunded pursuant to
Sections 288.8A and 288.9A of this title, a minimum of fifty
seventy-five percent (50%) (75%) of said such monies collected,
including a prorated share of administrative costs incurred from the
effective date of this act, and not subsequently refunded, shall be
expended on environmental cleanup and remediation projects related
to oil and gas pollution and the plugging of wells pursuant to
Section 53 of Title 17 of the Oklahoma Statutes authorized by the
Board Commission from a priority list of projects submitted
maintained by the Corporation Commission or, only in the absence of
Corporation Commission jurisdiction, projects submitted by other
appropriate state agencies.
2. Of the monies collected and not refunded pursuant to
Sections 288.8A and 288.9A of this title, no more than five percent
(5%) of such monies collected shall be expended for advertising or
promotional activities.
3. Of the monies collected and not refunded pursuant to
Sections 288.8A and 288.9A of this title, no more than twenty
percent (20%) shall be expended for the purpose of public education.
4. Upon a formal finding by the Commission that all identified
abandoned wells have been plugged pursuant to Section 53 of Title 17
of the Oklahoma Statutes, the expenditure restrictions of the Energy

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Resources Revolving Fund pursuant to this subsection shall be
modified to allow for a minimum of fifty percent (50%) of such
monies collected to be expended for the purpose of public education,
the remaining amounts to be expended as determined by the
Commission. Such public education shall address safety protocols,
risk mitigation, and environmental protection measures applicable to
any energy production technologies, including, but not limited to,
oil and gas, renewable energy, electricity transmission, energy
storage, and emerging technologies. The public education shall be
factual, non-promotional, and designed to enhance public
understanding of safety and environmental stewardship. Any public
education and advertising programs shall be subject to review and
approval by the Commission.
C. None of the monies collected and not refunded pursuant to
Sections 288.8A and 288.9A of this title shall be used for travel
expenses of any member of the Oklahoma Legislature.
SECTION 8. AMENDATORY 52 O.S. 2021, Section 288.8A, is
amended to read as follows:
Section 288.8A. A. To fund the activities of the Oklahoma
Energy Resources Board Corporation Commission in carrying out the
provisions of the Oklahoma Energy Education and Marketing Act, an
assessment shall be levied in the amount of one-tenth of one percent
(1/10 of 1%) of the gross revenues received at the wellhead for oil,
natural gas, casinghead gas or condensate produced from each well in

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the State of Oklahoma this state except for production exempt from
the payment of gross production tax pursuant to Section 1001 of
Title 68 of the Oklahoma Statutes.
B. The assessment 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 of Title 68 of the Oklahoma Statutes. Such assessment
shall be remitted to the Oklahoma Tax Commission in the same manner
as is provided by law for the payment of gross production tax.
Provided, the person remitting the assessment may remit cumulative
amounts of Twenty-five Dollars ($25.00) or less quarterly. To
defray the costs of receiving and depositing the assessments levied
by this section, the Oklahoma Tax Commission shall retain Two
Thousand Dollars ($2,000.00) per month of the assessments received
for deposit in the Oklahoma Tax Commission Revolving Fund created
pursuant to Section 113 of Title 68 of the Oklahoma Statutes. The
remaining monies received by the Oklahoma Tax Commission pursuant to
this section shall be deposited in the Energy Resources Revolving
Fund.
C. The Board Corporation Commission shall be responsible for
taking appropriate legal actions to collect any assessment which is
not paid or is not properly paid. The Oklahoma Tax Commission shall
not be responsible for collecting any assessment not remitted to the
Oklahoma Tax Commission for deposit in the Energy Resources

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Revolving Fund. The Oklahoma Tax Commission shall report to the
Board Commission any information it obtains regarding failure of any
person to properly pay the assessment due, including any
documentation it may have of such failure.
SECTION 9. AMENDATORY 52 O.S. 2021, Section 288.9A, is
amended to read as follows:
Section 288.9A. A. Any person subject to the assessment levied
by Section 288.8A of this title may request a refund as provided in
this section of the assessment paid on production for the preceding
calendar year. Upon compliance with the provisions of this section
and rules promulgated by the Board Corporation Commission to
implement this section, the Board Commission shall refund to each
person requesting a refund of the amount of the assessment paid by
or on behalf of such person during the preceding calendar year.
Refunds will include interest earned at the rate equal to the
average United States Treasury bill rate of the preceding calendar
year as certified by the State Treasurer.
B. The request for a refund of the assessment 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 assessment paid on production for the preceding
calendar year. The Board Commission shall give notice of the

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availability of the refund through press releases, paid
advertisements placed in the newspaper with the largest general
circulation in each county in the state, and such other means as it
deems appropriate.
C. Each person requesting a refund shall execute an affidavit
showing the amount of refund requested, and the affiant was the
owner of the production for which the refund is requested. Each
person requesting a refund shall submit supporting evidence
demonstrating the gross revenues, net to the person’s revenue
interest, received for oil, natural gas, casinghead gas, or
condensate in Oklahoma this state. The Board Commission may verify,
principally through the use of audits, the accuracy of the request
for refund. In verifying the accuracy of a request for refund, the
Board Commission shall exercise its authority in a manner that will
reduce, to the extent practicable and appropriate, the burden on
persons providing the information to the Board Commission.
D. No company or person who requests a refund under this
section shall be eligible to serve or have a representative serve as
a member of the Board.
SECTION 10. AMENDATORY 52 O.S. 2021, Section 288.11, is
amended to read as follows:
Section 288.11. A. The Board Corporation Commission may
invest, pending disbursement, funds collected through assessments
only in obligations of the United States or any agency thereof, in

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general obligations of any state, in any interest-bearing account or
certificate of deposit of a bank that is a member of the Federal
Reserve System, or in obligations fully guaranteed as to principal
and interest by the United States.
B. The Board Corporation Commission shall be prohibited from
utilizing any funds collected through the assessment procedure
outlined in Section 8 288.8A of this act title, for the purpose of
influencing governmental action or policy, with the exception of
recommending amendments to this act the Oklahoma Energy Education
and Marketing Act, and for the purpose of obtaining state or federal
funding for the activities of the Sustaining Oklahoma’s Energy
Resources Advisory Committee.
SECTION 11. AMENDATORY 52 O.S. 2021, Section 288.12, is
amended to read as follows:
Section 288.12. Nothing in this act the Oklahoma Energy
Education and Marketing Act may be construed to preempt or supersede
any other program relating to oil or natural gas promotion or
marketing organized and operated under the laws of the State of
Oklahoma this state or the United States. The provisions of this
act the Oklahoma Energy Education and Marketing Act applicable to
the rules shall be applicable to amendments to the rules. In the
event of the establishment of a national program for an assessment
on oil or natural gas production, the Board Corporation Commission,
by majority vote, may elect to designate up to a maximum of fifty

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percent (50%) of the funds collected under this act to such a
national program in lieu of an additional assessment as may be
required by such national program.
SECTION 12. REPEALER 52 O.S. 2021, Section 288.4, is
hereby repealed.
SECTION 13. REPEALER 52 O.S. 2021, Section 288.6, is
hereby repealed.
SECTION 14. This act shall become effective November 1, 2026.

60-2-3088 CN 1/12/2026 1:04:22 PM