Arkansas 2025 2025 Regular Session

Arkansas House Bill HB1525 Draft / Bill

Filed 02/18/2025

                    Stricken language would be deleted from and underlined language would be added to present law. 
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State of Arkansas     1 
95th General Assembly A Bill     2 
Regular Session, 2025  	HOUSE BILL 1525 3 
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By: Representative Steimel 5 
By: Senator Irvin 6 
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For An Act To Be Entitled 8 
AN ACT TO AMEND THE LAW CONCERNING REAL PROPERTY; TO 9 
ADDRESS AGRICULTURAL IMPACT REMEDIATION AGREEMENTS; 10 
AND FOR OTHER PURPOSES. 11 
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Subtitle 14 
TO AMEND THE LAW CONCERNING REAL 15 
PROPERTY; AND TO ADDRESS AGRICULTURAL 16 
IMPACT REMEDIATION AGREEMENTS. 17 
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 19 
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 SECTION 1.  Arkansas Code Title 18, Chapter 11, is amended to add an 21 
additional subchapter to read as follows: 22 
Subchapter 9 — Agricultural Impact Remediation Agreements 23 
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 18-11-901.  Definitions. 25 
 As used in this subchapter: 26 
 (1)  "Agricultural impact remediation agreement" means an 27 
agreement between a commercial renewable energy facility owner and a 28 
landowner as described in this subchapter; 29 
 (2)  “Agricultural land” means a property from which one thousand 30 
dollars ($1,000) or more of agricultural products were produced and sold, or 31 
normally would have been sold, during a given year; 32 
 (3)  "Commercial renewable energy facility" means a commercial 33 
wind energy facility or commercial solar energy facility; 34 
 (4)  "Construction" means the installation, preparation for 35 
installation, or repair of a commercial renewable energy facility; 36    	HB1525 
 
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 (5)  "Deconstruction" means the removal of a commercial renewable 1 
energy facility from the property of a landowner and the restoration of the 2 
property as provided in an agricultural impact remediation agreement; and 3 
 (6)  "Landowner" means a person: 4 
  (A)  With an ownership interest in property that is used 5 
for agricultural purposes; and 6 
  (B)  Who is a party to an underlying agreement. 7 
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 18-11-902.  Agricultural impact remediation agreement. 9 
 (a)  An owner of a commercial renewable energy facility on agricultural 10 
land shall enter into an agricultural impact remediation agreement with the 11 
respective landowner.  12 
 (b)  The agricultural impact remediation agreement required under 13 
subsection (a) of this section shall: 14 
 (1)  Outline construction and deconstruction standards to ensure 15 
the restoration of the agricultural land upon the conclusion of the 16 
commercial renewable energy facility; 17 
 (2)  Be completed with a copy provided to the Department of 18 
Agriculture no less than forty -five (45) days before the commencement of 19 
construction; 20 
 (3)  Be binding on a subsequent commercial renewable energy 21 
facility owner or landowner; and 22 
 (4)  Provide the landowner with a comprehensive deconstruction 23 
plan that includes adequate financial mechanisms and assurances. 24 
 (c)  The terms and conditions of the agricultural impact remediation 25 
agreement required under this section may be modified by an underlying 26 
agreement between the landowner and the commercial renewable energy facility 27 
owner.  28 
 (d)  This subchapter or a term in an agricultural impact remediation 29 
agreement shall not be construed to apply to or otherwise impair an 30 
underlying agreement for a commercial renewable energy facility entered into 31 
before the effective date of this subchapter. 32 
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