{"data":{"id":"us-ok/okla.-stat.-tit.-62-62-842","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 62, § 62-842","heading":"Eligibility for incentive payments","body":"A. An enterprise which locates its facility within an\n\nenterprise zone or which expands its existing facility after the\n\ndesignation of an enterprise zone as authorized by law and which is\n\nlocated in an incentive district as authorized pursuant to the\n\nprovisions of the Local Development Act shall be eligible for the\n\nstate local enterprise matching payment authorized pursuant to\n\nsubsection A of Section 844 of this title.\n\nB. 1. A local governmental entity which approves a project\n\nplan pursuant to the provisions of the Local Development Act within\n\nan enterprise zone or in support of a major tourism destination\n\nproject which the local governmental entity determines is likely to\n\nsignificantly benefit contiguous or nearby enterprise zone census\n\ntracts shall be eligible for the state local government matching\n\npayment authorized pursuant to subsection D of Section 844 of this\n\ntitle; provided, no state local government matching payment shall be\n\nmade for project costs in relation to:\n\na. any gambling establishment, or\n\nb. any development within a project plan that provides\n\nfor more than fifty percent (50%) of the net leasable\n\nspace of such development to be used for retail\n\npurposes except for such portions of a development\n\nwhich includes grocery or specialty food store\n\nenterprises defined under NAICS Manual Industry Group\n\nNo. 4451 or 4452 that provide healthy nutrition\n\noptions including fresh fruits, vegetables, whole\n\ngrains, seeds, nuts and healthy protein and that\n\nimprove access within one-half (1/2) mile of any low\n\nincome and low access geographies identified by the\n\nUnited States Department of Agriculture.\n\nState local government matching payments shall not be used to\n\nsupplant local revenue currently being expended within the increment\n\ndistrict boundaries.\n\n2. In order to be eligible for state local government matching\n\npayments for approving a project within an enterprise zone, a local\n\ngovernmental entity shall provide to the Oklahoma Department of\n\nCommerce as part of the application provided for in subsection J of\n\nthis section:\n\na. an estimate of incremental revenues likely to be\n\nderived from the project, and\n\nb. certification that all projects described within the\n\nrelated project plan will generate, in the aggregate,\n\na minimum of either One Million Dollars\n\n($1,000,000.00) in payroll, exclusive of payroll for\n\nconstruction, or Five Million Dollars ($5,000,000.00)\n\nin investment.\n\n3. In order to be eligible for state local government matching\n\npayments in support of a major tourism destination project, a local\n\ngovernmental entity shall provide to the Oklahoma Department of\n\nCommerce as part of the application provided for in subsection K of\n\nthis section:\n\na. an estimate of incremental revenues new to the state\n\nlikely to be derived from the project,\n\nb. certification that the major tourism destination meets\n\nthe applicable criteria described in paragraph 12 of\n\nSection 841 of this title, and\n\nc. an agreement to provide payment to the Oklahoma\n\nDepartment of Commerce to defray the costs of the\n\nstudy required by paragraph 4 of this subsection.\n\n4. To determine if a project qualifies as a major tourism\n\ndestination project pursuant to subparagraph b of paragraph 12 of\n\nSection 841 of this title and to assist in other required\n\ndeterminations, the Oklahoma Department of Commerce shall cause a\n\nmarket and feasibility study to be conducted by an independent\n\nconsultant with experience in the conduct of such studies. Upon\n\nreview of the feasibility report, the Oklahoma Department of\n\nCommerce shall make its finding as to the reasonable probability\n\nthat the proposed project is a major tourism destination project as\n\nprovided in subparagraph b of paragraph 12 of Section 841 of this\n\ntitle.\n\nC. For purposes of the Oklahoma Local Development and\n\nEnterprise Zone Incentive Leverage Act, an enterprise engaged in a\nUpon\n\nreview of the feasibility report, the Oklahoma Department of\n\nCommerce shall make its finding as to the reasonable probability\n\nthat the proposed project is a major tourism destination project as\n\nprovided in subparagraph b of paragraph 12 of Section 841 of this\n\ntitle.\n\nC. For purposes of the Oklahoma Local Development and\n\nEnterprise Zone Incentive Leverage Act, an enterprise engaged in a\n\nretail activity, where otherwise prohibited by the Oklahoma\n\nEnterprise Zone Act for purposes of the benefits and incentives\n\nextended pursuant to the Oklahoma Enterprise Zone Act, shall be\n\nconsidered an eligible enterprise for purposes of the state local\n\nenterprise matching payment authorized by the Oklahoma Local\n\nDevelopment and Enterprise Zone Incentive Leverage Act.\n\nD. The maximum amount of state local enterprise matching\n\npayments for an enterprise per fiscal year shall not exceed Two\n\nHundred Thousand Dollars ($200,000.00).\n\nE. Except as provided in subsection H of this section, for\n\npurposes of the Oklahoma Local Development and Enterprise Zone\n\nIncentive Leverage Act, the maximum amount of aggregate investment\n\nin all qualifying facilities located in any single county which can\n\nqualify for a state local enterprise matching payment pursuant to\n\nsubsection A of Section 844 of this title shall be computed for each\n\ncounty of the state by multiplying Two Hundred Dollars ($200.00)\n\ntimes the population of the county according to the most recent\n\nestimate provided by the United States Bureau of the Census prior to\n\nthe date an application is made.\n\nF. The computation required by subsection E of this section\n\nshall be the maximum amount of aggregated investment qualifying for\n\nthe purposes of all enterprises for the duration of the Oklahoma\n\nLocal Development and Enterprise Zone Incentive Leverage Act.\n\nG. The aggregate investment limit for all facilities located\n\nwithin a county which may qualify for the state local enterprise\n\nmatching payments pursuant to subsection A of Section 844 of this\n\ntitle shall:\n\n1. Not be less than Twenty Million Dollars ($20,000,000.00) for\n\ncounties with a population less than one hundred thousand (100,000)\n\npersons; and\n\n2. Not be greater than Forty Million Dollars ($40,000,000.00)\n\nfor all other counties of the state.\n\nH. The aggregate limit for all state local government matching\n\npayments made to any public entity on behalf of any local\n\ngovernmental entity within a single county pursuant to subsection D\n\nof Section 844 of this title for the duration of the Oklahoma Local\n\nDevelopment and Enterprise Zone Incentive Leverage Act shall be an\n\namount equal to the net benefit rate multiplied by the taxable gross\n\nsales derived from the project over the period of apportionment of\n\nlocal sales taxes, as certified by the Secretary of Commerce.\n\nI. The payments authorized by Section 844 of this title shall\n\nbe available for business and governmental entities qualifying\n\npursuant to the Local Development Act for investments made within an\n\nincentive district or for improvements made within an increment\n\ndistrict prior to December 31, 2007, or for which an incentive\n\ndistrict or an increment district has been created prior to December\n\n31, 2028, if the investments or improvements are begun not later\n\nthan December 31, 2029.\n\nJ. An enterprise or entity receiving payments authorized\n\npursuant to the provisions of Section 844 of this title shall\n\nannually report to the Oklahoma Department of Commerce the\n\nfollowing:\n\n1. All employment resulting from the project or facility\n\nlocation or expansion, including payroll amounts;\n\n2. Capital investment amounts resulting from the project or\n\nfacility location or expansion; and\n\n3. Changes in the assessed value of property resulting from the\n\nproject or facility location or expansion.\n\nThe enterprise or entity shall also provide consent for the\n\nDepartment to furnish the reported information to the Incentive\nject or facility\n\nlocation or expansion, including payroll amounts;\n\n2. Capital investment amounts resulting from the project or\n\nfacility location or expansion; and\n\n3. Changes in the assessed value of property resulting from the\n\nproject or facility location or expansion.\n\nThe enterprise or entity shall also provide consent for the\n\nDepartment to furnish the reported information to the Incentive\n\nEvaluation Commission only for evaluation purposes by the Commission\n\nor a designee. The information furnished to the Commission shall be\n\ndisaggregated and on a per project basis. The Department shall make\n\navailable on the Department website the information reported\n\npursuant to this subsection.\n\nK. The Oklahoma Department of Commerce shall promulgate rules\n\nfor administration of the Oklahoma Local Development and Enterprise\n\nZone Incentive Leverage Act. Such rules shall:\n\n1. Include a procedure for an enterprise or local governmental\n\nentity to make application for state local enterprise and state\n\nlocal government matching payments pursuant to this section;\n\n2. Reflect the intent that the Oklahoma Local Development and\n\nEnterprise Zone Incentive Leverage Act be fiscally neutral to the\n\nstate; and\n\n3. Establish reporting requirements, including the requirements\n\nprovided in subsection J of this section, for successful applicants\n\nwhich allow data collection and analysis by the Department on\n\nemployment, capital investment, changes in assessed value of a\n\nproject and other impacts resulting from payments and reporting of\n\nsuch data by the Department to the Oklahoma Tax Commission for the\n\npurposes of subsection B of Section 847 of this title.","path":["OK Code","Title 62"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os62.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"79914b764a146e4f0d03382d4002898ae14414d90f3735fa5f1544c412b189b9","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-62-62-841","next":"us-ok/okla.-stat.-tit.-62-62-843"},"notice":"GroundRules: Original legal text. Not legal advice."}