{"data":{"id":"us-ok/okla.-stat.-tit.-68-68-3802","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 68, § 68-3802","heading":"Qualification for incentive payments - Definitions -","body":"Cost/benefit analysis.\n\nA. Except as otherwise provided by this section, an\n\nestablishment which meets the qualifications specified in the\n\nOklahoma Quality Jobs Program Act, Sections 3601 through 3609 of\n\nTitle 68 of the Oklahoma Statutes, except that the establishment:\n\n1. Has an annual gross payroll for new direct jobs, as defined\n\nin the Oklahoma Quality Jobs Program Act, projected by the\n\nDepartment of Commerce to equal at least One Million Five Hundred\n\nThousand Dollars ($1,500,000.00) but less than Two Million Five\n\nHundred Thousand Dollars ($2,500,000.00) within three (3) years of\n\nthe anticipated date of receipt of first incentive payment; and\n\n2. Locates its principal business activity at a former military\n\nfacility,\n\nmay qualify for payments from the Former Military Facility Projects\n\nFund created in Section 3 of this act pursuant to approval by the\n\nOklahoma Department of Commerce. Such establishments shall be\n\ndeemed \"former military facility projects\".\n\nB. Unless otherwise indicated in the Former Military Facility\n\nDevelopment Act, the definitions contained in Section 3603 of Title\n\n68 of the Oklahoma Statutes shall apply to the Former Military\n\nFacility Development Act.\n\nC. As used in this section, \"former military facility\" shall\n\nmean any tract or parcel of real property used primarily for a\n\nmilitary purpose during a state of war, armed conflict or during\n\npeace time, title to which was vested in the United States\n\nGovernment, any branch of the Armed Forces of the United States of\n\nAmerica or was subsequently conveyed by such entities to the State\n\nof Oklahoma, any political subdivision of the State of Oklahoma, or\n\nany public trust having the State of Oklahoma or any political\n\nsubdivision of the State of Oklahoma as its beneficiary, whether\n\nsingly or in combination with other government entities prior to the\n\ndate on which the establishment acquired its interest.\n\nD. The Department shall determine if the applicant is qualified\n\nto receive incentive payments.\n\nE. If the applicant is determined to be qualified by the\n\nDepartment of Commerce, the Department shall conduct a cost/benefit\n\nanalysis to determine the estimated net direct state benefits and\n\nthe net benefit rate applicable for a ten-year period and to\n\nestimate the amount of gross payroll for a ten-year period. In\n\nconducting such cost/benefit analysis, the Department shall consider\n\nquantitative factors, such as the anticipated level of new tax\n\nrevenues to the state along with the added cost to the state of\n\nproviding services, and such other criteria as deemed appropriate by\n\nthe Department. In no event shall former military facility project\n\npayments, cumulatively, exceed the estimated net direct state\n\nbenefits. Notwithstanding any other provision of law, when the\n\nmaximum of Two Million Five Hundred Thousand Dollars ($2,500,000.00)\n\nof projected former military facility projects payments provided by\n\nSections 1 through 8 of this act have been obligated to specific\n\nestablishments for a given fiscal year, then no additional\n\napplication for such payments may be considered by the Department of\n\nCommerce for that fiscal year and in any event no payments in excess\n\nof said Two Million Five Hundred Thousand Dollars ($2,500,000.00)\n\nshall be paid by the Tax Commission within any fiscal year.\n\nF. An establishment which meets the qualifications specified in\n\nSections 1 through 8 of this act may receive quarterly incentive\n\npayments for a ten-year period from the Oklahoma Tax Commission\n\npursuant to the provisions of the Former Military Facility\n\nDevelopment Act in an amount which shall be equal to the net benefit\n\nrate multiplied by the actual gross payroll of new direct jobs for a\n\ncalendar quarter as verified by the Oklahoma Employment Security\n\nCommission except as provided and limited by this section and in\n\nSections 3 and 4 of this act.\nriod from the Oklahoma Tax Commission\n\npursuant to the provisions of the Former Military Facility\n\nDevelopment Act in an amount which shall be equal to the net benefit\n\nrate multiplied by the actual gross payroll of new direct jobs for a\n\ncalendar quarter as verified by the Oklahoma Employment Security\n\nCommission except as provided and limited by this section and in\n\nSections 3 and 4 of this act.\n\nG. Upon approval of such an application, the Department shall\n\nnotify the Oklahoma Tax Commission and shall provide it with a copy\n\nof the application and the results of the cost/benefit analysis.\n\nThe Tax Commission may require the qualified establishment to submit\n\nsuch additional information as may be necessary to administer the\n\nprovisions of the Former Military Facility Development Act. The\n\napproved establishment shall report to the Tax Commission\n\nperiodically to show its continued eligibility for incentive\n\npayments, as provided in Section 4 of this act. The establishment\n\nmay be audited by the Tax Commission to verify such eligibility.\n\nOnce the establishment is approved, an agreement shall be deemed to\n\nexist between the establishment and the State of Oklahoma, requiring\n\nthe continued payment to be made as long as the establishment\n\nretains its eligibility as defined in and established pursuant to\n\nthis section and Sections 3 and 4 of this act and within the\n\napplicable limitations contained in the Oklahoma Quality Jobs\n\nProgram Act, which existed at the time of such approval.\n\nH. No incentive payments which would otherwise be authorized by\n\nthis section shall be made to an establishment occupying any lands\n\ntitle to which has been held or title to which is held, at the time\n\nof application for such payments, by any public trust created\n\npursuant to the provisions of Section 176 et seq. of Title 60 of the\n\nOklahoma Statutes if such trust is specifically excluded from the\n\ndefinition of \"state agency\" or \"agency of the state\" by the\n\nprovisions of Section 33 of Title 25 of the Oklahoma Statutes or any\n\nother provision of law.","path":["OK Code","Title 68"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os68.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"2c0cfac76edff1b48794cb771ebf637e31e037f1f870c60d7caa5ae60ff8cc9d","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-68-68-3801","next":"us-ok/okla.-stat.-tit.-68-68-3803"},"notice":"GroundRules: Original legal text. Not legal advice."}