Tax on electricity used to charge or recharge electric vehicles

Official textoscn.netlast amended Apr 22, 2021

# A.

There is hereby imposed a tax of three cents ($0.03) per kilowatt hour or its equivalent, as determined by the Oklahoma Corporation Commission, on the electric current used to charge or recharge the battery or batteries of an electric vehicle. The tax shall be levied beginning January 1, 2024.

# B.

The amount of tax prescribed or authorized by this section shall not include any fees or charges associated with the method for payment for the charging service, but shall be based only upon the rate of tax and the electricity transferred during the charging process.

# C.

The tax imposed pursuant to this section shall not be applicable to electric vehicles charged at a private residence at which the owner or occupant of the residence uses electric power paid for by the owner or occupant of the residence which is supplied to the residence by a regulated public utility, an electric cooperative or other wholesale level of electric supply, whether or not supplemented by electric power produced by the owner or occupant using solar energy or other methods to provide electric power to the residence.

# D.

The tax imposed pursuant to this section shall not be applicable to electric vehicles charged at charging stations with a charging capacity of less than fifty (50) kilowatts and charging stations that do not require payment for use.

# E.

In order to determine an equivalent measurement as required in subsection A of this section, the Oklahoma Corporation Commission shall promulgate rules that allow businesses, based on the average cost that such business charged customers at the business's charging stations in the preceding year, to charge the tax on a statewide percentage basis equivalent to the amount of tax that would otherwise have been charged had the rate provided in subsection A of this section been applied in the preceding year. The percentage basis equivalent shall be recalculated annually through an administrative process outlined in Oklahoma Corporation Commission rules. Parties who wish to challenge the administrative calculation shall follow the process outlined in Commission rules. Businesses with multiple charging station locations in the state shall be authorized to utilize the same percentage basis equivalent at all such locations. The Oklahoma Corporation Commission shall provide the calculation, once deemed final by rule, to the Oklahoma Tax Commission for collection from businesses.

Amendment history

Added by Laws 2021, c. 157, § 4, eff. Nov. 1, 2021. Amended by Laws 2021, c. 412, § 1, eff. Nov. 1, 2021; Laws 2023, c. 236, § 1, eff. Nov. 1, 2023. NOTE: Laws 2021, c. 412, § 4 states that the provisions of this act shall be contingent upon the enactment of the provisions of House Bill No. 2234 (c. 157) of the 1st Regular Session of the 58th Oklahoma Legislature. House Bill No. 2234 was approved by the Governor on April 22, 2021.

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