Req. No. 986 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 1st Session of the 58th Legislature (2021) SENATE BILL 609 By: Hall AS INTRODUCED An Act relating to ad valorem tax; amending 68 O.S. 2011, Section 2902, as last amended by Section 1, Chapter 258, O.S.L. 2019 (68 O. S. Supp. 2020, Section 2902), which relates to exemption for manufacturing facilities; modifying definitions; adjusting certain investment requirement to inflation index; requiring the Oklahoma Tax Commission to publish certain adjustments; providing wage threshold; requiring agreement between certain entities prior to exemption; specifying terms of agreement; prohibiting modification of fair cash value of assets de scribed in agreement; declaring agreem ent to operate as defense against action to modify fa ir cash value and depreciation methodology; declaring agreement to be a condition precedent to certain exemption; requiring a copy of agreement to be maintained by certain entities; and providing an effective date . BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. AMENDATORY 68 O.S. 2011, Section 2902, as last amended by Section 1, Chapter 258, O.S.L. 2019 (68 O.S. Supp. 2020, Section 2902), is amended to read a s follows: Section 2902. A. Except as otherwise provided by subsection H of Section 3658 of this title pursuant to which the exemption authorized by this section may not be claimed, a qualifying Req. No. 986 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 manufacturing concern, as defined by Section 6B of Article X of the Oklahoma Constitution, and as further defined herein, shall be exempt from the levy of any ad valorem taxes upon new, expanded or acquired manufacturing facilities, including facilities engaged in research and development, for a period of five (5) years. The provisions of Section 6B of Article X of the Oklahoma Constitution requiring an existing facility to have been unoccupied for a period of twelve (12) months prior to acquisition shall be construed as a qualification for a facility to initially receive an exemption, and shall not be deemed to be a qualification for that facility to continue to receive an exemption in each of the four (4) years following the initial year for which the exemption was gran ted. Such facilities are hereby classified for the purposes of taxation as provided in Section 22 of Article X of the Oklahoma Constitution. B. For purposes of this section, the following definitions shall apply: 1. “Manufacturing facilities ” means facilities engaged in the mechanical or chemical transformation of materials or substances into new products and except as provided by paragraph 8 of subsection C of this section shall include: a. establishments which have received a manufacturer exemption permit pursuant to the provisions of Section 1359.2 of this title, Req. No. 986 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 b. facilities, including repair and replacement parts, primarily engaged in aircraft repair, building and rebuilding whether or not on a factory basis, c. establishments primarily engaged in c omputer services and data processing as defi ned under Industrial Group Numbers 5112 and 5415, and U.S. Industry Number 334611 and 519130 of the NAICS Manual, latest revision, and which derive at least fifty percent (50%) of their annual gross revenues from the sale of a product or service to an out-of-state buyer or consumer, and as defined under Industrial Group Number 5142 of the NAICS Manual, latest revision, which derive at least eighty percent (80%) of their annual gross revenues from the sale of a pro duct or service to an out-of- state buyer or consumer. Eligibility as a manufacturing facility pursuant to this subparagraph shall be established, subject to review by the Oklahoma Tax Commission, by annually filing an affidavit with the Tax Commission sta ting that the facility so qualifies and such other information as required by the Tax Commission. For purposes of determining whether annual gross revenues are derived from sales to out-of-state buyers, all sales to the Req. No. 986 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 federal government shall be conside red to be an out- of-state buyer, d. for which facilities that the investment cost of the construction, acquisition or expansion of the manufacturing facility is Two Hundred Fifty Thousand Dollars ($250,000.00) Five Hundred Thousand Dollars ($500,000.00) or more with respect to assets place into service during calendar year 2022. For subsequent calendar years, the investment requ ired shall be increased annually by a percentage equal to the previous year’s increase in the Consumer Price Index-All Urban Consumers (“CPI-U”) and such adjusted amount shall be the required inv estment cost in order to qualify for the exemption authorized by this section. The Oklahoma Department of Commerce shall determine the amount of the increase, if any, on January 1 of each year . The Oklahoma Tax Commission shall publish on its website at least annually the adjusted dollar amount in order to qualify for the exemption authorized by this section and shall include the adjusted dollar amount in any of its relevant forms or publications w ith respect to the exemption . Provided, “investment cost” shall not include the co st of direct replacement, refurbishment, repair or Req. No. 986 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 maintenance of existing m achinery or equipment, except that “investment cost” shall include capital expenditures for direc t replacement, refurbishment, repair or maintenance of existing machinery or equipment that qualifies for depreciation and/or amortization pursuant to the Inte rnal Revenue Code of 1986, as amended, and such expenditures shall be eligible as a part of an “expansion” that otherwise qualifies under this section, and e. establishments primar ily engaged in distribution as defined under Industry Numbers 49311, 49312, 49313 and 49319 and Industry Sector Number 42 of the NAICS Manual, latest revision, and which mee t the following qualifications: (1) construction with an initial capital investment of at least Five Million Dollars ($5,000,000.00), (2) employment of at leas t one hundred (100) full - time-equivalent employees, as certified by the Oklahoma Employment Secur ity Commission, (3) payment of wages or salaries to its employees at a wage which equals or exceeds one hundred seventy-five percent (175%) of the federally mandated minimum wage one hundred twenty-five percent (125%) of the average county wage as that Req. No. 986 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 percentage is determined by the Oklahoma Department of Commerce based upon the most recent U.S. Department of Commerce data for the county where the jobs are located, as certified by the Oklahoma Employment Security Commission, and (4) commencement of constru ction on or after November 1, 2007, with construction to be complet ed within three (3) years from the date of the commencement of construction, f. facilities engaged in the manufacturing, compounding, processing or fabrication of materials into articles of tangible personal property according to the special order of a customer (custom order m anufacturing) by manufacturers classified as operating in North American Industry Classification System (NAICS) Sectors 32 and 33, but does not include such custom order manufacturing by manufacturers clas sified in other NAICS code sectors , and g. with respect to any entity making an application for the exemption authorized by this section on or after January 1, 2022, the establishment making application for exempt treatment of real or personal property acquired or improved beginning January 1, 2022, and for any calendar year thereafter, the entity shall be Req. No. 986 Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 required to pay new direct jobs, as defined by Section 3603 of this title for purposes of the Oklahoma Quality Jobs Program Act, an average annualized wa ge which equals or exceeds: . (1) One hundred ten percent (110%) of the average county wage as determined by the Department of Commerce based on the most recent U.S. Department of Commerce data for the county in which t he new direct jobs are located. For p urposes of this subparagraph, health care premiums paid by the applicant for individuals in new direct jobs shall be included in the annualized wage; or (2) One hundred percent (100%) of the average county wage as that percentage is determined by the Department of Commerce based upon the most recent U.S. Department of Commerce data for the county in which the new jobs are located. For purposes of this subparagraph, health care premiums paid by the applicant for individ uals in new direct jobs shall not be included in the annualized wage. Provided, no average wage requirement otherwise required by this subparagraph shall exceed Twenty -five Thousand Dollars ($25,000.00), in any county. This maximum wage threshold shall be indexed and Req. No. 986 Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 modified from time to tim e based on the latest Consumer Price Index year-to-date percent change release as of the date of the annual average county wage data release from the Bureau of Economic Analysis of the U.S. Department of Commerce. The Oklahoma Tax Commission shall publish on its website at least annually the adjusted dollar amounts with respect to the maximum wage threshold and shall include the adjusted dollar amount in any of its relevant forms or publications with respect to the ex emption authorized by this section. Eligibility as a manufacturing facility pursuant to th is subparagraph shall be established, subject to review by the Tax Commission, by annually filing an affidavit with the Tax C ommission stating that the facility so qu alifies and containing such other information as required by the Tax Commission. Provided, eating and drinking places, as well as other retail establishments, shall not qualify as manufacturing facilities for purposes of this section, nor shall centrally a ssessed properties. Eligibility as a manufacturing facility pursuant to this subparagraph shall be established, subject to review by the Tax Commission, by annually filing an application with the Tax Commission stating that the facility so qualifies and co ntaining such other information as required by the Tax Commission; 2. “Facility” and “facilities”, except as otherwise provided by this paragraph, means and includes the land, buildings, structures , Req. No. 986 Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 and improvements, machinery, fixtures, equipment and oth er personal property used directly and exclusively in the manufacturing process . Effective January 1, 2022, and for each calendar year thereafter, for facilities engaged in manufacturing activities defined or classified in the NAICS Manual under Industry Nos. 311111 through 339999 “facility” and “facilities” means and includes the land, buildings, structures, improvements, machinery, fixtures, equipment and other personal property used directly and exclusively in the manufacturing process ; and 3. “Research and development” means activities dir ectly related to and conducted for the purpose of d iscovering, enhancing, increasing or improving future or existing product s or processes or productivity. C. The following provisions shall apply: 1. A manufacturing concern shall be entitled to the exemp tion herein provided for each new manufacturing fac ility constructed, each existing manufacturing facility acquired and the expansion of existing manufacturing facilities on the same site, as such terms are defined by Section 6B of Article X of the Oklahom a Constitution and by this section; 2. Except as otherwise provided in paragraph 5 of this subsection, no manufacturing con cern shall receive more than one five-year exemption for any one manufacturing facil ity unless the expansion which qualifies the man ufacturing facility for an Req. No. 986 Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 additional five-year exemption meets the requirements of paragraph 4 of this subsection and the e mployment level established for any previous exemption is maintained; 3. Any exemption as to the expansion of an existing manufacturing facility shall be limited to the increase in a d valorem taxes directly attributable to the expansion; 4. Except as provided in paragraphs 5 and 6 of this subsection, all initial applications for any exe mption for a new, acquired or expanded manufacturing facility shall be granted only if: a. there is a net increase in annualized base payroll over the initial payroll of at least Two Hundred Fifty Thousand Dollars ($250,000.00) if the facility is located in a county with a population of fewer than seventy-five thousand (75,000), according to the most recent Federal Decennial Census, while maintaining or increasing base payro ll in subsequent years, or at least One Million Dollars ($1,000,000.00) if the facility is located in a county with a population of seventy-five thousand (75,000) or more, according t o the most recent Federal Decennial Census, while maintaining or increasi ng base payroll in subsequent years; provided the payroll requirement of this subparagraph shall be waived for claims for exemptions, including claims previously denied or on Req. No. 986 Page 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 appeal on March 3, 2010, for all initial applications for exemption filed on or a fter January 1, 2004, and on or before March 31, 2009, and all subsequent annual exemption applications filed related to the initial application for exemption, for an applicant, if th e facility has been located in Oklahoma for at least fifteen (15) years e ngaged in marine engine manufacturing as defined under U.S. Industry Number 333618 of the NAICS Manual, latest revision, and has maintained an average employment of five hundred (500) or more full-time-equivalent employees over a ten -year period. Any applicant that qualifies for the payroll requirement waiver as outlined in the previous sentence and subsequently closes its Oklahoma manufacturing plant prior to January 1, 2012, may be disqualified for exemption and subject to recapture. For an applicant engaged in paperboard manufacturing as defined under U.S. Industry Number 322130 of th e NAICS Manual, latest revision, union master pa youts paid by the buyer of the facility to specifie d individuals employed by the facility at the time of purchase, as specified under the purchase agreement, shall be excluded from payroll for purposes of thi s section. Req. No. 986 Page 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 In order to provide certainty with re spect to investments in manufacturing facilities pe rtaining to all initial applications for exemption filed on or after January 1, 2016, the following definitions shall apply: (1) “base payroll” shall mean total payroll adjusted for any nonrecurring bonuse s, exercise of stock option or stock rights and oth er nonrecurring, extraordinary items included in total payroll, and (2) “initial payroll” shall mean base payroll for the year immediately preceding the init ial construction, acquisition or expansion. The Tax Commission shall verify payroll information through the Oklahoma Employment Security Commission by using reports from th e Oklahoma Employment Security Commission for the calendar year immediately precedin g the year for which initial application is made for base-line payroll, which must be maintained or increased for each subsequent year; provided, a manufacturing facility s hall have the option of excluding from its payroll, for purposes of this section: Req. No. 986 Page 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 i. payments to sole proprietors, members of a partnership, members of a limited liability company who own at least ten percent (10%) of the capital of the limited liability company or stockholder-employees of a corporation who own at least ten percent (10%) of the stock in the corporation, and ii. any nonrecurring bonuses, exercise of stock option or stoc k rights or other nonrecurring, extraordinary items included in total pay roll numbers as reported by the Oklahoma Employment Security Commission. A manufact uring facility electing either option shall indicate such election upon its application for an exem ption under this section. Any manufacturing facility electing either option shall submit such information as the Tax Commission may require in order to veri fy payroll information. Payroll information submitted pursuant to the provisions of this paragraph shall be submitted to Req. No. 986 Page 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 the Tax Commission and shall be subject to the provisions of Section 205 of this title, and b. the facility offers, or will offer with in one hundred eighty (180) days of the date of employment, a basic health benefits plan to the ful l-time-equivalent employees of the facility, which is determined by the Department of Commerce to consist of the elements specified in subparagraph b of para graph 1 of subsection A of Section 3603 of this title or elements substantially equivalent thereto. For purposes of this section, calculation of the amount of increased base payroll shall be measured from the start of initial construction or expansion to t he completion of such construction or expansion or for three (3) years from the start of initial construction or expansion, whichever occurs first. The amount of increased base payroll shall include payroll for full -time- equivalent employees in this state who are employed by an entity other than the facility which has previously or is currently qualified to receive an exemption pursuant to the provisions of this section and who are leased or otherwise provided to the facility, if such employment did not ex ist in this state prior to the start of initial construction or expansion of the facility. The manufacturing concern shall submit an affidavit to the Tax Req. No. 986 Page 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Commission, signed by an officer, stating that the construction, acquisition or expansion of the faci lity will result in a net increase in the annual ized base payroll as required by this paragraph and that full-time-equivalent employees of the facility are or will be offer ed a basic health benefits plan as required by this paragraph. If, after the comple tion of such construction or expansion or after three (3) years from the start of initial construction or expansion, whichever occurs first, the construction, acquisition or expansion has not resulted in a net increase in the amount of annualized base payr oll, if required, or any other qualification specified in this paragraph has not been met, the manufacturing concern shall pay an amount equal to the amount of any exemption granted, including penalties and interest thereon, to the Tax Commission for depos it to the Ad Valorem Reimbursement Fund; 5. If a facility fails to meet the base payroll requireme nt of subparagraph a of paragraph 4 of this subsection, the payroll requirement shall be waived for claims for exemptions, including claims previously denied or on appeal on June 1, 2009, for all initial applications for exemption filed on or after January 1, 2004, and on or before March 31, 2009, and all subsequent annual exemption applications filed related to such initial application for exemption, for an applicant, if the facility: Req. No. 986 Page 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 a. has been located for at least five (5) years as of March 31, 2009, in a county in Oklahoma with a population of six hundred thousand (600,000) or more, b. is owned by an applicant that has been engaged in manufacturing as defi ned under U.S. Industry Numbers 323110, 323111, 323121 and 323122 of the NAICS Manual, latest revision, c. is owned by an applicant that maintains a workforce of at least three hundred (300) employees on June 1, 2009, d. is owned by an applicant that has f iled multiple applications for exemption pursuan t to this section, and e. is owned by an applicant that operates at least one facility in this state of at least seven hundr ed thirty thousand (730,000) square feet on June 1, 2009. In the event that any appl icant obtaining a waiver of the payroll requirement pursuant to this paragraph ceases to operate al l of its facilities in this state on or before a date that is four (4) ye ars after any initial application for an exemption is filed by such applicant, all sums of property taxes exempted under this paragr aph through a waiver of the payroll requirement tha t relate to such application shall become due and payable as if such sums were Req. No. 986 Page 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 assessed in the year in which the applicant ceases to operate all of its facilities in the state; 6. Any new, acquired or exp anded automotive final assembly manufacturing facility which does not meet the requirements of paragraph 4 of this subsectio n shall be granted an exemption only if all other requirements of this section are m et and only if the investment cost of the constr uction, acquisition or expansion of the manufacturing facility is Three Hundred Million Dollars ($300,000,000.00) or more an d the manufacturing facility retains an average employment of one thousand seven hun dred fifty (1,750) or more full-time-equivalent employees in the year in which the exemption is initially granted and in each of the four (4) subsequent years only if an av erage employment of one thousand seven hundred fifty (1,750) or more full -time-equivalent employees is maintained in the subsequent year. Any property installed to replace property damaged by the tornado or natural disaster that occurred May 8, 2003, may continue to receive the exemption provided in this paragraph for the full five -year period based on the value of the previously qual ifying assets as of January 1, 2003. The exemption shall continue in effect as long as all other qualifications in this par agraph are met. If the average employment of one thousand seven hundred fifty (1,75 0) or more full-time- equivalent employees is red uced as a result of temporary layoffs because of a tornado or natural disaster on May 8, 2003, then the Req. No. 986 Page 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 average employment r equirement shall be waived for year 2003 of the exemption period. Calculation of th e number of employees shall be made in the same manner as required under Section 2357.4 of this title for an investment tax credit. As used in this paragraph, “expand” and “expansion” shall mean and include any increase to the size or scope of a facility as well as any renovation, restoration, replacement or remodeling of a facility which permits the manufacturing of a new or redesigned product; 7. Any new, acquired, or ex panded computer data processing, data preparation, or information processing service s provider classified in Industrial Group Number 7374 of the SIC Manual, latest revision, and U.S. Industry Number 514210 of the North American Industrial Classification Sy stem (NAICS) Manual, latest revision, may apply for exemptions under this section fo r each year in which new, acquired, or expanded capital improvements to the facility are made if: a. there is a net increase in annualized payroll of the applicant at any facility or facilities of the applicant in this state of at least Two Hundred Fifty Thousand Dollars ($250,000.00), which is attribut able to the capital improvements, or a net increase of Seven Million Dollars ($7,000,000.00) or more in capital improvements , while maintaining or increasing Req. No. 986 Page 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 payroll at the facility or facilities in this stat e which are included in the application, and b. the facility offers, or will offer within one hundr ed eighty (180) days of the date of employment of new employees attributable to the capital improvements, a basic health benefits plan to the full -time-equivalent employees of the facility, which is determ ined by the Department of Commerce to consist of th e elements specified in subparagraph b of paragraph 1 of subsection A of Section 3603 of this title or elements substantially equivalent thereto; 8. Effective January 1, 2017, an entity engaged in electri c power generation by means of wind, as described b y the North American Industry Classification System, No. 221119, shall no t be defined as a qualifying manufacturing concern for purposes of the exemption otherwise authorized pursuant to Section 6B of Arti cle X of the Oklahoma Constitution or qualify as a “manufacturing facility” as defined in this section. No initial applicat ion for exemption shall be filed by or accepted from an entity engaged in electric power generation by means of wind on or after Jan uary 1, 2018; and 9. An entity or applicant engage d in an industry as defined under U.S. Industry Number 324110 of the NAIC S Manual, latest revision, which has applied for or been granted an exemption for a Req. No. 986 Page 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 time period which began on or after calendar yea r 2012 and before calendar year 2016 but which did not meet the payroll requirements of subparagraph a of paragraph 4 of thi s subsection because of nonrecurring bonuses, exercise of stock option or stock righ ts or other nonrecurring, extraordinary items in cluded in total payroll in the previous year, shall be allowed an exemption, beginning with calendar year 2016, for the numb er of years, including the calendar year for which the exemption was denied, remaini ng in the entity’s five-year exemption period, p rovided such entity attains or increases payroll at or above the initial or base payroll established for the exemption. D. 1. Except as provided in paragraph 2 of this subsection, the five-year period of exemption from ad valorem taxes for any qualifying manufacturing facility property shall begin on Jan uary 1 following the initial qualifying use of the property in the manufacturing process. 2. The five-year period of exemption from ad valorem taxes for any qualifying manufacturing facility, as specified in subparagraphs a and b of this paragraph, which is located within a tax incentive district created pursuant to the Local Development Act by a county having a population of at least five hundred thousand (5 00,000), according to the most recent Federal De cennial Census, shall begin on January 1 following the expiration or termination of the ad valorem exemption, abatement, or other incentive provided through Req. No. 986 Page 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 the tax incentive district. Facilities qualifying pursuant to this subsection shall include: a. a manufacturing facility as defined in subparagraph c of paragraph 1 of subsection B of this section, and b. an establishment primarily engaged in distribution as defined under Industry Number 49311 of the Nort h American Industry Classification System for wh ich the initial capital investment was at least One Hundred Eighty Million Dollars ($180,000,000.00); provided, that the qualifying job creation and depreciable property investment occurred prior to calendar year 2017 but not earlier than calendar year 201 3. E. Any person, firm or corporation claiming the exemption herein provided for shall file each year for which exemption i s claimed, an application therefor with the county assessor of the county in which the new, expanded or acquired facility is located . The application shall be on a form or forms pres cribed by the Tax Commission, and shall be filed on or before March 15, e xcept as provided in Section 2902.1 of this title, of each year in which the facility desires to take the exemption or within thirty (30) days from and after receipt by such person, f irm or corporation of notice of valuation increase, whichever is later. In a case where completion of the facility or facilities will occur after January 1 of a given year, a facility may apply to claim t he ad valorem tax Req. No. 986 Page 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 exemption for that year. If such facility is found to be qualified for exemption, the ad valorem tax exem ption provided for herein shall be granted for that entire year and shall apply to t he ad valorem valuation as of January 1 of that given year. For applicants which qualify under the provisions of subparagraph b of paragraph 1 of subsection B of this sect ion, the application shall include a copy of the affidavit and any other information required to be filed with the Tax Commission. F. The application shall be examined by the county assessor and approved or rejected in the same manner as provided by law f or approval or rejection of claims for homestead exemptions. The taxpayer shall have the same right of review by and appeal from th e county board of equalization, in the same manner and subject to the same requirements as provided by law for review and ap peals concerning homestead exemption claims. Approved applications shall be filed by the county assessor with the Tax Commission no later than June 15, except as provided in Section 2902.1 of this title, of the year in which the facility desires to take t he exemption. Incomplete applications and applications filed after June 15 will be declared null and void by the Tax Commission. I n the event that a taxpayer qualified to receive an exemption pursuant to the provisions of this section shall make payment of ad valorem taxes in excess of the amount due, the county treasurer shall have the authority to credit the taxpayer ’s real or personal property tax Req. No. 986 Page 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 overpayment against current taxes due. The county treasurer may establish a schedule of up to five (5) ye ars of credit to resolve the overpayment. G. Nothing herein shall in any manner aff ect, alter or impair any law relating to the ass essment of property, and all property, real or personal, which may be entitled to exemption hereunder shall be valued and assessed as is other like property and as provided by law. The valuation and assessme nt of property for which an exemption is granted hereunder shall be performed by the Tax Commission. H. For any application filed to qualify real property, personal property or both for the exemption authorized by this section, prior to the first year during which any of the real property or personal property can be treated as exempt, the ent ity making application, the Oklahoma Tax Commission and the county assessor of each and every county in which the qualifying assets are located or are to be located, shall enter into an agreement, which shall contai n a clause binding any successor busines s entity to the terms of the agreement, that establishes the fair cash value of the assets, whether real property or personal property or both, to be entered on the applicable assessment roll for the first year of th e exemption period. The agreement shall also contain a system or schedule for the depreciation of improvements to real property and a system or schedule for the deprecation of tangible personal property which Req. No. 986 Page 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 shall be used by the applicable county assesso r to modify the fair cash value of the real property or personal property or both for the remaining four (4) years of the exemption period. After the expiration of the exemption period, the owner of the real propert y or personal property or both shall not be allowed to modify, whether pursuant to request made to the county assessor or made to the county board of equalization, or pursuant to any protest otherwise authorized by the Ad Valorem Tax Code or other provisio ns of law, the fair cash value of the as sets described in the agreement and the agreement shall operate as an estoppel and affirmative defense to any actions, formal or informal, or requests for administrative or judicial relief, to modify the fair cash va lues and the methodology for depreciation contained in such agreement. The agre ement described by this subsection shall be a condition precedent to the exemption otherwise authorized by this section and by Section 6B of Article X of the Oklahoma Constitut ion. A copy of the agreement shall be maintained by the Oklahoma Tax Commission and by the county assessor of any county in which real or personal property described by such agreement is located. I. The Tax Commission shall have the authority and duty to prescribe forms and to promulgate rules as may be necessary to carry out and administer th e terms and provisions of this section. Req. No. 986 Page 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SECTION 2. This act shall become effective November 1, 2021. 58-1-986 QD 1/20/2021 11:01:36 PM