Okla. Stat. tit. 62, § 62-7005

Criteria – Records disclosure.

A. The Commission may contract with a private company,

nonprofit, or academic institution to assist with evaluation of each

incentive. The Commission shall develop a scope of services for a

request for proposals issued pursuant to the Oklahoma Central

Purchasing Act, Section 85.1 et seq. of Title 74 of the Oklahoma

Statutes, for professional services necessary to complete incentive

evaluations pursuant to the Incentive Evaluation Act. The scope of

services shall include a provision requiring the contractor to

provide at least one draft report for each incentive prior to the

issuance of the final report; provided, the contractor may determine

the timing and frequency of draft reports based on the availability

of information and the potential for draft reports to assist the

Commission in making a final recommendation. The cost of such

contract shall be paid by the Office of Management and Enterprise

Services. No recipient or potential recipient of an incentive or

representative of a recipient or potential recipient shall contact

the entity or individual with whom the Commission contracts pursuant

to this subsection unless the entity or individual specifically

requests information or documentation for purposes of the incentive

evaluation process; provided, this shall not be construed to prevent

participation in a public hearing conducted pursuant to subsection B

of this section.

B. By October 1 of each year beginning in calendar year 2023,

the Commission or the Commission’s chosen contractor shall evaluate

each incentive scheduled for review that year. The Commission or

the Commission’s chosen contractor shall conduct each incentive

evaluation in consultation with the Oklahoma Department of Commerce

division of Research and Economic Analysis Services using criteria

developed pursuant to subsection D of this section. Between October

1 and November 30 of each year beginning in 2017, the Commission

shall hold at least one public meeting to review, allow for public

comment, and vote to approve, disapprove, or modify each incentive

evaluation conducted that year. By December 15 of each year

beginning in 2016, the Commission shall provide the results of each

incentive evaluation, a review of prior Commission recommendations,

and changes to statute or incentive administration related to

incentive evaluation recommendations in a written report to the

Governor, President Pro Tempore of the Senate, and Speaker of the

House of Representatives. If the Commission votes to modify an

incentive evaluation as provided in this subsection, such

modification and the original evaluation shall be documented in the

annual written report. The report shall be made publicly available

Oklahoma Statutes - Title 62. Public Finance Page 677

on the Oklahoma Department of Commerce website, the Commission

website, and documents.ok.gov.

C. Each evaluation shall include the following:

1. An estimate of the economic and fiscal impact of the

incentive. This estimate shall take into account the following

considerations in addition to other relevant factors:

a. the extent to which the incentive changes business

behavior,

b. the results of the incentive for the economy of

Oklahoma as a whole. This consideration includes both

positive direct and indirect impacts and any negative

effects on other Oklahoma businesses, and

c. a comparison to the results of other incentives or

other economic development strategies with similar

goals;

2. An assessment of whether adequate protections are in place

to ensure the fiscal impact of the incentive does not increase

substantially beyond the state’s expectations in future years;

3. An assessment of whether the incentive is being administered

effectively;

4. An assessment of whether the incentive is achieving its

goals;

5. Recommendations for how the state can most effectively
ls;

2. An assessment of whether adequate protections are in place

to ensure the fiscal impact of the incentive does not increase

substantially beyond the state’s expectations in future years;

3. An assessment of whether the incentive is being administered

effectively;

4. An assessment of whether the incentive is achieving its

goals;

5. Recommendations for how the state can most effectively

achieve the incentive’s goals, including recommendations on whether

the incentive should be retained, reconfigured, or repealed; and

6. Recommendations for any changes to state policy, rules, or

statutes that would allow the incentive to be more easily or

conclusively evaluated in the future. These recommendations may

include changes to collection, reporting, and sharing of data, and

revisions or clarifications to the goal of the incentive.

D. Evaluation criteria shall be developed for each incentive

evaluated by the Commission. Each incentive shall be evaluated

using criteria specific to the individual incentive. The criteria

shall be developed by the Commission through the administrative

rulemaking process pursuant to the Administrative Procedures Act,

Section 250 et seq. of Title 75 of the Oklahoma Statutes, and

codified in the administrative code of the Oklahoma Department of

Commerce.

E. At the request of the Incentive Evaluation Commission,

unless prohibited by the Oklahoma Constitution, Oklahoma Statutes,

or federal law, state agencies shall provide any records,

information, data, or data analysis necessary for the Commission or

contractors to effectively evaluate incentives. The Commission and

contractors shall not disclose or release any data received from

other state agencies, except as permitted under law.