Okla. Stat. tit. 68, § 68-3647.3: ROA–25 investment rebate program — Eligibility — Rules

A. 1. There is hereby created until July 1, 2045, an ROA-25

investment rebate program for the cost of qualified capital

expenditures by establishments which create not less than a

threshold number of new direct jobs as provided in this section.

2. The threshold number of new direct jobs required for

establishments to qualify and remain qualified for investment rebate

payments created in paragraph 1 of this subsection shall be seven

hundred (700) new direct jobs in year one of the rebate payment

period, with a threshold number of one thousand (1,000) beginning in

year two and throughout the remainder of the rebate payment period.

B. The ROA-25 investment rebate program shall be administered

by the Oklahoma Department of Commerce.

C. No later than October 1 of each year, the Oklahoma

Department of Commerce shall submit electronically an annual report

to the Speaker of the Oklahoma House of Representatives, the

President Pro Tempore of the Oklahoma State Senate, the Chair of the

Appropriations and Budget Committee of the Oklahoma House of

Representatives, the Chair of the Appropriations Committee of the

Oklahoma State Senate, and the Executive Director of the Legislative

Office of Fiscal Transparency detailing the program and ROA-25

investment rebate payments.

D. The Oklahoma Department of Commerce and the State Treasurer

may promulgate rules to implement the provisions of this act.

E. To be eligible for consideration for an ROA-25 investment

rebate payment awarded under the provisions of this act, a primary

establishment shall:

1. a. Submit an application and documentation to the

Oklahoma Department of Commerce, as required by the

Department:

(1) outlining a capital expenditure plan in this

state associated with qualified capital

expenditures totaling no less than Two Billion

Dollars ($2,000,000,000.00), and

(2) outlining new job creation levels no less than

seven hundred (700) new jobs, and

b. Establishment primarily engaged under Industry Sector

Nos. 31 through 33 of the NAICS Manual, latest

revision;

2. Be otherwise qualified to receive payments pursuant to the

provisions of the Oklahoma Quality Jobs Program Act created pursuant

to Section 3601 of Title 68 of the Oklahoma Statutes; and

3. Have filed all Oklahoma tax returns and tax documents

required by law.

F. 1. Notwithstanding any other provision of law, if a primary

establishment receives an ROA-25 investment rebate payment pursuant

to the provisions of this act, neither the qualified establishment

nor its subsidiaries shall be eligible to receive quarterly

incentive payments provided for in Section 3601 et seq. of Title 68

of the Oklahoma Statutes, in connection with the project or

development for which the investment rebate payment was based.

2. Notwithstanding any other provision of law, no investment

expenditure shall be utilized for calculation purposes in a way that

results in the qualification of more than one establishment under

the provisions of this act, for ROA-25 investment rebate payments

based on the same expenditure.

G. 1. Except as limited by paragraph 2 of this subsection, the

Oklahoma Department of Commerce shall approve or disapprove claims

for rebates and issue ROA-25 investment rebate payments for all

approved claims from funds held in the ROA-25 Beneficiary Revolving

Fund created pursuant to Section 5 of this act and subject to the

limitations set forth in Section 4 of this act.

2. The Department shall disapprove all applications and claims,

as well as portions of applications and claims, for rebates that

would exceed the anticipated accumulation of available funds in the

ROA-25 Beneficiary Revolving Fund.