Okla. Stat. tit. 68, § 68-3645.3

As used in the Large-scale Economic Activity and Development Act

of 2022:

1. "Application" means a submission of detailed information by

an establishment that complies with all procedures established by

the Oklahoma Department of Commerce related to the format, content,

means, and timing of submission. Such submissions shall include,

but not be limited to, a capital expenditure plan outlining

anticipated annual placements-in-service of qualified property and a

job creation plan outlining anticipated annual totals of new direct

jobs created;

2. "Available funds" means the total amount of monies

identified for deposit in the Large-scale Economic Activity and

Development Fund by law, less the cumulative total of all rebate

payments, pre-qualified rebate payments, encumbrances, and pre-

encumbrances of the Large-scale Economic Activity and Development

Fund;

3. "Establishment" means any business, no matter what legal

form, including, but not limited to, a sole proprietorship,

partnership, corporation, or limited liability corporation;

4. "New direct job" means full-time employment, employed by the

establishment, which did not exist in this state prior to the date

Oklahoma Statutes - Title 68. Revenue and Taxation Page 1419

of approval, by the Oklahoma Department of Commerce, of an

application made pursuant to this act. A job shall be deemed to

exist in this state prior to approval of an application if the

activities and functions for which the particular job exists have

been ongoing at any time within six (6) months prior to such

approval; and

5. "Qualified capital expenditure" means an expenditure on

property in this state after May 1, 2022, depreciable under Internal

Revenue Code, 26 U.S.C., Section 168, that has been verified by the

Oklahoma Department of Commerce. The cost of property placed in

service and expenditures made on behalf of or for the benefit of an

establishment by a separate business entity shall be considered an

"expenditure" of the establishment for purposes of this definition.