SB 237

                      An Act
ENROLLED SENATE
BILL NO. 237  By: Hall and Pederson of the
                                          Senate
                                                 and
                                          Dobrinski and Newton of the
                                          House
       An Act relating to ad valorem tax; amending 68 O.S.
       2021, Section 2902, as last amended by Section 1,
       Chapter 411, O.S.L. 2025 (68 O.S. Supp. 2025, Section
       2902), which relates to the exemption from ad valorem
       tax for manufacturing facilities; defining battery
       energy storage system; excluding from certain
       definitions; limiting qualification as manufacturing
       facilities; excluding from certain personal property
       exemption; excluding from consideration as electric
       power generation; providing that effective on
       specified date a certain classification of entity not
       be eligible for exemption; determining final dates
       for applications; excluding certain classification of
       entity from certain definition; and providing an
       effective date.
SUBJECT:   Ad valorem tax exemption
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
    SECTION 1.     AMENDATORY     68 O.S. 2021, Section 2902, as
last amended by Section 1, Chapter 411, O.S.L. 2025 (68 O.S. Supp.
2025, Section 2902), is amended to read as 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
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 granted.
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 6 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,
        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 computer services
             and data processing as defined 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 5182 of the
             NAICS Manual, latest revision, which derive at least
             eighty percent (80%) of their annual gross revenues
             from the sale of a product or service to an out-of-
             state buyer or consumer. Eligibility as a
             manufacturing facility pursuant to this subparagraph
ENR. S. B. NO. 237  Page 2
             shall be established, subject to review by the
             Oklahoma Tax Commission, by annually filing an
             affidavit with the Tax Commission stating 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
             federal government shall be considered to be an out-
             of-state buyer,
        d.   facilities that the investment cost of the
             construction, acquisition or expansion is Five Hundred
             Thousand Dollars ($500,000.00) or more with respect to
             assets placed into service during calendar year 2022.
             For subsequent calendar years, the investment required
             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 investment 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 with respect to the exemption.
             Provided, "investment cost" shall not include the cost
             of:
             (1)     battery energy storage systems, or
             (2)     direct replacement, refurbishment, repair or
                     maintenance of existing machinery or equipment,
                     except that investment cost shall include capital
                     expenditures for direct replacement,
                     refurbishment, repair or maintenance of existing
                     machinery or equipment that qualifies for
                     depreciation and/or amortization pursuant to the
                     Internal Revenue Code of 1986, as amended, and
                     such expenditures shall be eligible as a part of
ENR. S. B. NO. 237  Page 3
                     an expansion that otherwise qualifies under this
                     section,
        e.   establishments primarily 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 meet the following
             qualifications:
             (1)     construction with an initial capital investment
                     of at least Five Million Dollars ($5,000,000.00),
             (2)     employment of at least one hundred (100) full-
                     time-equivalent employees, as certified by the
                     Oklahoma Employment Security Commission,
             (3)     payment of wages or salaries to its employees at
                     a wage which equals or exceeds the average wage
                     requirements in the Oklahoma Quality Jobs Program
                     Act for the year in which the real property was
                     placed into service, and
             (4)     commencement of construction on or after November
                     1, 2007, with construction to be completed 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 manufacturing) 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 classified 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, 2023, the establishment making application
             for exempt treatment of real or personal property
             acquired or improved beginning January 1, 2022, and
ENR. S. B. NO. 237  Page 4
             for any calendar year thereafter, the entity shall be
             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 wage
             which equals or exceeds the average wage requirement
             in the Oklahoma Quality Jobs Program Act for the year
             in which the real or personal property was placed into
             service. The Oklahoma Tax Commission may request
             verification from the Oklahoma Department of Commerce
             that an establishment seeking an exemption for real or
             personal property pays an average annualized wage that
             equals or exceeds the average wage requirement in
             effect for the year in which the real or personal
             property was placed into service. For purposes of
             this subparagraph, it shall not be necessary for the
             establishment to qualify for incentive payments
             pursuant to the Oklahoma Quality Jobs Program Act, but
             the establishment shall be subject to the wage
             requirements of the Oklahoma Quality Jobs Program Act
             with respect to new direct jobs in order to qualify
             for the exempt treatment authorized by this section.
    Eligibility as a manufacturing facility pursuant to this
subparagraph shall be established, subject to review by the Tax
Commission, by annually filing an affidavit with the Tax Commission
stating that the facility so qualifies 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 battery energy storage systems
or centrally assessed 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 containing
such other information as required by the Tax Commission;
    2. "Facility" and "facilities", except as otherwise provided by
this section, means and includes the land, buildings, structures and
improvements used directly and exclusively in the manufacturing
ENR. S. B. NO. 237  Page 5
process. Effective January 1, 2022, and for each calendar year
thereafter, for establishments which have received a manufacturer
exemption permit pursuant to the provisions of Section 1359.2 of
this title, or facilities engaged in manufacturing activities
defined or classified in the NAICS Manual under Industry Nos. 311111
through 339999, inclusive, but for no other establishments, 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.
"Facility" and "facilities" shall not include battery energy storage
systems; and
    3. "Research and development" means activities directly related
to and conducted for the purpose of discovering, enhancing,
increasing or improving future or existing products or processes or
productivity; and
    4. "Battery energy storage system" means a large-scale system
of interconnected batteries designed to store electrical energy for
later use.
    C.   The following provisions shall apply:
    1. A manufacturing concern shall be entitled to the exemption
herein provided for each new manufacturing facility 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 Oklahoma Constitution
and by this section;
    2. No manufacturing concern shall receive more than one five-
year exemption for any one manufacturing facility unless the
expansion which qualifies the manufacturing facility for an
additional five-year exemption meets the requirements of paragraph 4
of this subsection and the employment 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 ad
valorem taxes directly attributable to the expansion;
ENR. S. B. NO. 237  Page 6
    4. All initial applications for any exemption 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 payroll 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 to
             the most recent Federal Decennial Census, while
             maintaining or increasing 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 appeal on
             March 3, 2010, 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 the initial
             application for exemption, for an applicant, if the
             facility has been located in Oklahoma for at least
             fifteen (15) years engaged 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 the
             NAICS Manual, latest revision, union master payouts
             paid by the buyer of the facility to specified
             individuals employed by the facility at the time of
             purchase, as specified under the purchase agreement,
ENR. S. B. NO. 237  Page 7
             shall be excluded from payroll for purposes of this
             section.
    In order to provide certainty with respect to investments in
manufacturing facilities pertaining 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 bonuses, exercise of stock
                     option or stock rights and other nonrecurring,
                     extraordinary items included in total payroll,
                     and
             (2)     "initial payroll" shall mean base payroll for the
                     year immediately preceding the initial
                     construction, acquisition or expansion.
             The Tax Commission shall verify payroll information
             through the Oklahoma Employment Security Commission by
             using reports from the Oklahoma Employment Security
             Commission for the calendar year immediately preceding
             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 shall have the option of
             excluding from its payroll, for purposes of this
             section:
                         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 stock rights or other
                               nonrecurring, extraordinary items
                               included in total payroll numbers as
ENR. S. B. NO. 237  Page 8
                             reported by the Oklahoma Employment
                             Security Commission. A manufacturing
                             facility electing either option shall
                             indicate such election upon its
                             application for an exemption under this
                             section. Any manufacturing facility
                             electing either option shall submit
                             such information as the Tax Commission
                             may require in order to verify payroll
                             information. Payroll information
                             submitted pursuant to the provisions of
                             this paragraph shall be submitted to
                             the Tax Commission and shall be subject
                             to the provisions of Section 205 of
                             this title, and
        b.   the facility offers, or will offer within one hundred
             eighty (180) days of the date of employment, a basic
             health benefits plan to the full-time-equivalent
             employees of the facility, which is determined by the
             Oklahoma Department of Commerce to consist of the
             elements specified in subparagraph b of paragraph 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 the 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 exist 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
Commission, signed by an officer, stating that the construction,
acquisition or expansion of the facility will result in a net
increase in the annualized base payroll as required by this
paragraph and that full-time-equivalent employees of the facility
ENR. S. B. NO. 237  Page 9
are or will be offered a basic health benefits plan as required by
this paragraph. If, after the completion 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 payroll, 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 deposit to the Ad Valorem Reimbursement Fund;
    5. Except as otherwise provided by this paragraph, any new,
acquired or expanded computer data processing, data preparation or
information processing services provider classified in U.S. Industry
Number 518210 of the North American Industrial Classification System
(NAICS) Manual, 2017 revision, may apply for exemptions under this
section for each year in which new, acquired, or expanded capital
improvements to the facility are made for assets placed in service
not later than December 31, 2021, 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 attributable
             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
             payroll at the facility or facilities in this state
             which are included in the application, and
        b.   the facility offers, or will offer within one hundred
             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 determined by the
             Oklahoma Department of Commerce to consist of the
             elements specified in subparagraph b of paragraph 1 of
             subsection A of Section 3603 of this title or elements
             substantially equivalent thereto.
    An establishment described by this paragraph, the primary
business activity of which is described by Industry No. 518210 of
ENR. S. B. NO. 237  Page 10
the North American Industry Classification System (NAICS) Manual,
2017 revision, that has applied for and been granted an exemption
for personal property at any time within five (5) years prior to
November 1, 2021, may apply for exemptions for items of eligible
personal property, excluding battery energy storage systems, to be
located within improvements to real property and such real property
and improvements having been exempt from ad valorem taxation prior
to November 1, 2021, pursuant to the provisions of this section if
such personal property is placed in service not later than December
31, 2036. No additional personal property of such establishment
placed in service after such date shall qualify for the exempt
treatment otherwise authorized pursuant to this paragraph;
   6.   a.   Effective January 1, 2017, an entity engaged in
             electric power generation by means of wind, as
             described by the North American Industry
             Classification System, No. 221119 22111, shall not be
             defined as a qualifying manufacturing concern for
             purposes of the exemption otherwise authorized
             pursuant to Section 6B of Article X of the Oklahoma
             Constitution or qualify as a manufacturing facility as
             defined in this section. No initial application for
             exemption shall be filed by or accepted from an entity
             engaged in electric power generation by means of wind
             on or after January 1, 2018, and
        b.   Effective January 5, 2028, an entity engaged in
             electric power generation by means of solar, as
             described by the North American Industry
             Classification System, No. 22111, shall not be defined
             as a qualifying manufacturing concern for purposes of
             the exemption otherwise authorized pursuant to Section
             6B of Article X of the Oklahoma Constitution or
             qualify as a manufacturing facility as defined in this
             section. No initial application for exemption shall
             be filed by or accepted from an entity engaged in
             electric power generation by means of solar on or
             after January 5, 2029;
    7. An entity or applicant engaged in an industry as defined
under U.S. Industry Number 324110 of the NAICS Manual, latest
revision, which has applied for or been granted an exemption for a
ENR. S. B. NO. 237  Page 11
time period which began on or after calendar year 2012 and before
calendar year 2016 but which did not meet the payroll requirements
of subparagraph a of paragraph 4 of this subsection because of
nonrecurring bonuses, exercise of stock option or stock rights or
other nonrecurring, extraordinary items included in total payroll in
the previous year, shall be allowed an exemption, beginning with
calendar year 2016, for the number of years including the calendar
year for which the exemption was denied, remaining in the entity's
five-year exemption period, provided such entity attains or
increases payroll at or above the initial or base payroll
established for the exemption;
    8. A facility engaged in manufacturing defined under U.S.
Industry Number 327310 of the NAICS Manual shall have the payroll
requirements of paragraph 4 of this subsection waived for tax year
2021, which is based in part on the 2020 calendar year payroll
reported to the Oklahoma Employment Security Commission, and may
continue to receive the exemption for the five-year period provided
in this section only if all other requirements of this section are
met; and
    9. A facility engaged in manufacturing which otherwise
qualifies for the exemption or exemptions pursuant to the provisions
of this section shall have the payroll requirements of paragraph 4
of this subsection waived for tax year 2021, which is based in part
on the 2020 calendar year payroll reported to the Oklahoma
Employment Security Commission, and for tax year 2022, which is
based in part on the 2021 calendar year payroll reported to the
Oklahoma Employment Security Commission, and may continue to receive
the exemption for the five-year period provided in this section only
if all other requirements of this section are met. Provided, a
facility engaged in manufacturing as defined under Industrial Group
Number 3364 of the NAICS Manual, latest revision, which otherwise
qualifies or qualified to receive the exemption for the five-year
period provided in this section, including claims previously denied,
shall have the payroll requirements of paragraph 4 of this
subsection waived for the five-year exemption period of those
initial exemption applications filed after January 1, 2020, and
before March 16, 2021.
    D. 1. Except as provided in paragraph 2 of this subsection,
the five-year period of exemption from ad valorem taxes for any
ENR. S. B. NO. 237  Page 12
qualifying manufacturing facility property shall begin on January 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 (500,000),
according to the most recent Federal Decennial Census, shall begin
on January 1 following the expiration or termination of the ad
valorem exemption, abatement, or other incentive provided through
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 North
             American Industry Classification System for which 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 2013.
    E. Any person, firm or corporation claiming the exemption
herein provided for shall file each year for which exemption is
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 prescribed by the Tax
Commission, and shall be filed on or before March 15, except 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, firm 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 the ad valorem tax
exemption for that year. If such facility is found to be qualified
for exemption, the ad valorem tax exemption provided for herein
shall be granted for that entire year and shall apply to the ad
ENR. S. B. NO. 237  Page 13
valorem valuation as of January 1 of that given year. For
applicants who qualify under the provisions of subparagraph b of
paragraph 1 of subsection B of this section, 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 for
approval or rejection of claims for homestead exemptions. The
taxpayer shall have the same right of review by and appeal from the
county board of equalization, in the same manner and subject to the
same requirements as provided by law for review and appeals
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 the exemption.
Incomplete applications and applications filed after June 15 will be
declared null and void by the Tax Commission. In 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
overpayment against current taxes due. The county treasurer may
establish a schedule of up to five (5) years of credit to resolve
the overpayment.
    G. Nothing herein shall in any manner affect, alter or impair
any law relating to the assessment 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 assessment of property for which an
exemption is granted hereunder shall be performed by the Tax
Commission using one or more of the cost, income and expense and
sales comparison approaches to estimate fair cash value in
accordance with the Uniform Standards of Professional Appraisal
Practice.
    H. 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 the terms and provisions of this section.
   SECTION 2.   This act shall become effective November 1, 2026.
ENR. S. B. NO. 237  Page 14
   Passed the Senate the 14th day of May, 2026.
                                      Presiding Officer of the Senate
   Passed the House of Representatives the 4th day of May, 2026.
                                       Presiding Officer of the House
                                                   of Representatives
                         OFFICE OF THE GOVERNOR
   Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
   Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
                                     _________________________________
                                     Governor of the State of Oklahoma
                     OFFICE OF THE SECRETARY OF STATE
   Received by the Office of the Secretary of State this __________
day of __________________, 20 _______, at _______ o'clock _______ M.
By: _________________________________
ENR. S. B. NO. 237  Page 15