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1 STATE OF OKLAHOMA
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2 2nd Session of the 60th Legislature (2026)
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3 SENATE BILL 1830 By: Jett
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7 AS INTRODUCED
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8 An Act relating to incentives; amending 68 O.S. 2021,
8 Section 3604, as last amended by Section 157, Chapter
9 452, O.S.L. 2024 (68 O.S. Supp. 2025, Section 3604),
9 which relates to the Oklahoma Quality Jobs Program
10 Act; prohibiting employment of certain individuals to
10 qualify for certain payments; updating statutory
11 language; and providing an effective date.
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15 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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16 SECTION 1. AMENDATORY 68 O.S. 2021, Section 3604, as
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17 last amended by Section 157, Chapter 452, O.S.L. 2024 (68 O.S. Supp.
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18 2025, Section 3604), is amended to read as follows:
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19 Section 3604. A. Except as otherwise provided in subsection I
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20 or subsection L of this section, an establishment which meets the
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21 qualifications specified in the Oklahoma Quality Jobs Program Act
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22 may receive quarterly incentive payments for a ten-year period from
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23 the Oklahoma Tax Commission pursuant to the provisions of the
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24 Oklahoma Quality Jobs Program Act; provided, such an establishment
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Req. No. 2517 Page 1
1 defined or classified in the NAICS North American Industry
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2 Classification System (NAICS) Manual under U.S. Industry No. 711211
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3 (2007 version) may receive quarterly incentive payments for a
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4 thirty-year period. The amount of such payments shall be equal to
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5 the net benefit rate multiplied by the actual gross payroll of new
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6 direct jobs for a calendar quarter as verified by the Oklahoma
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7 Employment Security Commission. For an establishment defined or
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8 classified in the NAICS Manual under U.S. Industry No. 711211 (2007
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9 version) that entered into a contract pursuant to the Oklahoma
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10 Quality Jobs Program Act with the Oklahoma Department of Commerce
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11 before the effective date of this act November 1, 2023:
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12 1. The contract shall be extended from fifteen (15) years to
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13 thirty (30) years; and
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14 2. The extension shall not include additional money awarded but
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15 shall allow for payments to continue for the thirty-year period, or
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16 until the net benefit for the new direct jobs for the original
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17 contract has been fully paid out as calculated based upon the
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18 original application.
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19 B. In order to receive incentive payments, an establishment
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20 shall apply to the Oklahoma Department of Commerce. The application
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21 shall be on a form prescribed by the Department and shall contain
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22 such information as may be required by the Department to determine
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23 if the applicant is qualified. An establishment may apply for an
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24 effective date for a project, which shall not be more than twenty-
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1 four (24) months from the date the application is submitted to the
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2 Department.
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3 C. Except as otherwise provided by subsection D or E of this
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4 section, in order to qualify to receive such payments, the
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5 establishment applying shall be required to:
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6 1. Be engaged in a basic industry;
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7 2. Have an annual gross payroll for new direct jobs projected
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8 by the Department to equal or exceed Two Million Five Hundred
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9 Thousand Dollars ($2,500,000.00) within three (3) years of the first
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10 complete calendar quarter following the start date; and
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11 3. Have a number of full-time-equivalent employees subject to
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12 the tax imposed by Section 2355 of this title and working an annual
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13 average of thirty (30) or more hours per week in new direct jobs
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14 located in this state equal to or in excess of eighty percent (80%)
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15 of the total number of new direct jobs; and
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16 4. Provide no employment to an individual that meets the
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17 definition of an H-1B nonimmigrant, as provided in 8 U.S.C., Section
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18 1182(n)(4)(C).
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19 D. In order to qualify to receive incentive payments as
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20 authorized by the Oklahoma Quality Jobs Program Act, an
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21 establishment engaged in an activity described under:
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22 1. Industry Group Nos. 3111 through 3119 of the NAICS Manual
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23 shall be required to:
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1 a. have an annual gross payroll for new direct jobs
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2 projected by the Department to equal or exceed One
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3 Million Five Hundred Thousand Dollars ($1,500,000.00)
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4 within three (3) years of the first complete calendar
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5 quarter following the start date and make, or which
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6 will make within one (1) year, at least seventy-five
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7 percent (75%) of its total sales, as determined by the
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8 Incentive Approval Committee pursuant to the
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9 provisions of subsection B of Section 3603 of this
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10 title, to out-of-state customers or buyers, to in-
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11 state customers or buyers if the product or service is
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12 resold by the purchaser to an out-of-state customer or
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13 buyer for ultimate use, or to the federal government,
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14 unless the annual gross payroll equals or exceeds Two
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15 Million Five Hundred Thousand Dollars ($2,500,000.00)
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16 in which case the requirements for purchase of output
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17 provided by this subparagraph shall not apply, and
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18 b. have a number of full-time-equivalent employees
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19 working an average of thirty (30) or more hours per
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20 week in new direct jobs equal to or in excess of
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21 eighty percent (80%) of the total number of new direct
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22 jobs; and
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23 2. Division (4) of subparagraph a of paragraph 1 of subsection
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24 A of Section 3603 of this title, shall be required to:
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1 a. have an annual gross payroll for new direct jobs
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2 projected by the Department to equal or exceed One
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3 Million Five Hundred Thousand Dollars ($1,500,000.00)
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4 within three (3) years of the first complete calendar
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5 quarter following the start date, and
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6 b. have a number of full-time-equivalent employees
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7 working an average of thirty (30) or more hours per
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8 week in new direct jobs equal to or in excess of
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9 eighty percent (80%) of the total number of new direct
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10 jobs.
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11 E. 1. An establishment which locates its principal business
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12 activity within a site consisting of at least ten (10) acres which:
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13 a. is a federal Superfund removal site,
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14 b. is listed on the National Priorities List established
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15 under Section 9605 of Title 42 of the United States
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16 Code,
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17 c. has been formally deferred to the state in lieu of
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18 listing on the National Priorities List, or
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19 d. has been determined by the Department of Environmental
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20 Quality to be contaminated by any substance regulated
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21 by a federal or state statute governing environmental
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22 conditions for real property pursuant to an order of
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23 the Department of Environmental Quality,
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1 shall qualify for incentive payments irrespective of its actual
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2 gross payroll or the number of full-time-equivalent employees
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3 engaged in new direct jobs.
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4 2. In order to qualify for the incentive payments pursuant to
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5 this subsection, the establishment shall conduct the activity
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6 resulting in at least fifty percent (50%) of its Oklahoma taxable
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7 income or adjusted gross income, as determined under Section 2358 of
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8 this title, whether from the sale of products or services or both
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9 products and services, at the physical location which has been
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10 determined not to comply with the federal or state statutes
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11 described in this subsection with respect to environmental
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12 conditions for real property. The establishment shall be subject to
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13 all other requirements of the Oklahoma Quality Jobs Program Act
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14 other than the exemptions provided by this subsection.
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15 3. In order to qualify for the incentive payments pursuant to
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16 this subsection, the entity shall obtain from the Department of
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17 Environmental Quality a letter of concurrence that:
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18 a. the site designated by the entity does meet one or
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19 more of the requirements listed in paragraph 1 of this
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20 subsection, and
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21 b. the site is being or has been remediated to a level
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22 which is consistent with the intended use of the
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23 property.
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1 In making its determination, the Department of Environmental
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2 Quality may rely on existing data and information available to it,
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3 but may also require the applying entity to provide additional data
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4 and information, as necessary.
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5 4. If authorized by the Department of Environmental Quality
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6 pursuant to paragraph 3 of this subsection, the entity may utilize a
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7 remediated portion of the property for its intended purpose prior to
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8 remediation of the remainder of the site, and shall qualify for
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9 incentive payments based on employment associated with the portion
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10 of the site.
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11 F. Except as otherwise provided by subsection G of this
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12 section, for applications submitted on and after June 4, 2003, in
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13 order to qualify to receive incentive payments as authorized by the
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14 Oklahoma Quality Jobs Program Act, in addition to other
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15 qualifications specified herein, an establishment shall be required
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16 to pay new direct jobs an average annualized wage which equals or
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17 exceeds:
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18 1. One hundred ten percent (110%) of the average county wage as
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19 determined by the Oklahoma Department of Commerce based on the most
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20 recent U.S. United States Department of Commerce data for the county
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21 in which the new direct jobs are located. For purposes of this
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22 paragraph, health care premiums paid by the applicant for
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23 individuals in new direct jobs shall be included in the annualized
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24 wage; or
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1 2. One hundred percent (100%) of the average county wage as
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2 that percentage is determined by the Oklahoma Department of Commerce
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3 based upon the most recent U.S. United States Department of Commerce
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4 data for the county in which the new jobs are located. For purposes
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5 of this paragraph, health care premiums paid by the applicant for
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6 individuals in new direct jobs shall not be included in the
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7 annualized wage.
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8 Provided, no average wage requirement shall exceed Twenty-five
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9 Thousand Dollars ($25,000.00), in any county. This maximum wage
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10 threshold shall be indexed and modified from time to time based on
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11 the latest Consumer Price Index year-to-date percent change release
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12 as of the date of the annual average county wage data release from
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13 the Bureau of Economic Analysis of the U.S. United States Department
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14 of Commerce.
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15 G. 1. As used in this subsection, "opportunity zone" means one
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16 or more census tracts in which, according to the most recent Federal
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17 Decennial Census, at least thirty percent (30%) of the residents
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18 have annual gross household incomes from all sources below the
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19 poverty guidelines established by the U.S. United States Department
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20 of Health and Human Services. An establishment which is otherwise
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21 qualified to receive incentive payments and which locates its
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22 principal business activity in an opportunity zone shall not be
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23 subject to the requirements of subsection F of this section.
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24 2. As used in this subsection:
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1 a. "negative economic event" means:
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2 (1) a man-made disaster or natural disaster as
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3 defined in Section 683.3 of Title 63 of the
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4 Oklahoma Statutes, resulting in the loss of a
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5 significant number of jobs within a particular
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6 county of this state, or
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7 (2) an economic circumstance in which a significant
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8 number of jobs within a particular county of this
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9 state have been lost due to an establishment
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10 changing its structure, consolidating with
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11 another establishment, closing or moving all or
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12 part of its operations out of this state, and
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13 b. "significant number of jobs" means Local Area
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14 Unemployment Statistics (LAUS) data, as determined by
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15 the United States Bureau of Labor Statistics, for a
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16 county which are equal to or in excess of five percent
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17 (5%) of the total amount of Local Area Unemployment
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18 Statistics (LAUS) data for that county for the
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19 calendar year, or most recent twelve-month period in
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20 which employment is measured, preceding the event.
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21 An establishment which is otherwise qualified to receive
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22 incentive payments and which locates in a county in which a negative
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23 economic event has occurred within the eighteen-month period
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24 preceding the start date shall not be subject to the requirements of
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Req. No. 2517 Page 9
1 subsection F of this section; provided, an establishment shall not
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2 be eligible to receive incentive payments based upon a negative
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3 economic event with respect to jobs that are transferred from one
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4 county of this state to another.
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5 H. The Oklahoma Department of Commerce shall determine if the
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6 applicant is qualified to receive incentive payments.
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7 I. If the applicant is determined to be qualified by the
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8 Department and is not subject to the provisions of subparagraph d of
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9 paragraph 7 of subsection A of Section 3603 of this title, the
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10 Department shall conduct a cost/benefit cost-benefit analysis to
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11 determine the estimated net direct state benefits and the net
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12 benefit rate applicable for a ten-year period beginning with the
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13 first complete calendar quarter following the start date and to
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14 estimate the amount of gross payroll for a ten-year period beginning
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15 with the first complete calendar quarter following the start date or
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16 for a thirty-year period for an establishment defined or classified
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17 in the NAICS Manual under U.S. Industry No. 711211 (2007 version).
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18 In conducting such cost/benefit cost-benefit analysis, the
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19 Department shall consider quantitative factors, such as the
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20 anticipated level of new tax revenues to the state along with the
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21 added cost to the state of providing services, and such other
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22 criteria as deemed appropriate by the Department. In no event shall
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23 incentive payments, cumulatively, exceed the estimated net direct
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24 state benefits, except for applicants subject to the provisions of
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1 subparagraph d of paragraph 7 of subsection A of Section 3603 of
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2 this title.
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3 J. Upon approval of such an application, the Department shall
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4 notify the Tax Commission and shall provide it with a copy of the
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5 contract and the results of the cost/benefit cost-benefit analysis.
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6 The Tax Commission may require the qualified establishment to submit
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7 such additional information as may be necessary to administer the
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8 provisions of the Oklahoma Quality Jobs Program Act. The approved
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9 establishment shall file quarterly claims with the Tax Commission
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10 and shall continue to file such quarterly claims during the ten-year
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11 incentive period to show its continued eligibility for incentive
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12 payments, as provided in Section 3606 of this title, or until it is
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13 no longer qualified to receive incentive payments. The
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14 establishment may be audited by the Tax Commission to verify such
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15 eligibility. Once the establishment is approved, an agreement shall
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16 be deemed to exist between the establishment and the State of
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17 Oklahoma, requiring the continued incentive payment to be made as
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18 long as the establishment retains its eligibility as defined in and
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19 established pursuant to this section and Sections 3603 and 3606 of
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20 this title and within the limitations contained in the Oklahoma
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21 Quality Jobs Program Act, which existed at the time of such
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22 approval. An establishment described in this subsection shall be
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23 required to repay all incentive payments received under the Oklahoma
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24 Quality Jobs Program Act if the establishment is determined by the
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1 Oklahoma Tax Commission to no longer have business operations in the
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2 state within three (3) years from the beginning of the calendar
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3 quarter for which the first incentive payment claim is filed.
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4 K. A municipality with a population of less than one hundred
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5 thousand (100,000) persons in which an establishment eligible to
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6 receive quarterly incentive payments pursuant to the provisions of
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7 this section is located may file a claim with the Tax Commission for
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8 up to twenty-five percent (25%) of the amount of such payment. The
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9 amount of such claim shall not exceed amounts paid by the
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10 municipality for direct costs of municipal infrastructure
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11 improvements to provide water and sewer service to the
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12 establishment. Such claim shall not be approved by the Tax
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13 Commission unless the municipality and the establishment have
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14 entered into a written agreement for such claims to be filed by the
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15 municipality prior to submission of the application of the
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16 establishment pursuant to the provisions of this section. If such
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17 claim is approved, the amount of the payment to the establishment
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18 made pursuant to the provisions of Section 3606 of this title shall
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19 be reduced by the amount of the approved claim by the municipality
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20 and the Tax Commission shall issue a warrant to the municipality in
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21 the amount of the approved claim in the same manner as warrants are
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22 issued to qualifying establishments.
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23 L. For any contract executed by an establishment on or after
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24 August 2, 2018, five percent (5%) of the quarterly incentive payment
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1 amount shall be transferred by the Oklahoma Tax Commission to the
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2 Oklahoma Quick Action Closing Fund.
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3 SECTION 2. This act shall become effective November 1, 2026.
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5 60-2-2517 QD 1/14/2026 11:05:06 PM
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Req. No. 2517 Page 13Every fact on this page links to its source, starting with the official bill record.