Stricken language would be deleted from and underlined language would be added to present law.
Act 923 of the Regular Session
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State of Arkansas As Engrossed: H3/5/25 S4/2/25 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 As Engrossed: H3/5/25 S4/2/25 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 for the 7
construction of a commercial renewable energy facility on the agricultural 8
land. 9
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18-11-902. Agricultural impact remediation agreement. 11
(a) Before construction of a commercial renewable energy facility on 12
agricultural land, the commercial renewable energy facility owner shall enter 13
into an agricultural impact remediation agreement with the respective 14
landowner. 15
(b) The agricultural impact remediation agreement required under 16
subsection (a) of this section shall: 17
(1) Outline construction and deconstruction standards to ensure 18
the restoration of the agricultural land upon the conclusion of the 19
commercial renewable energy facility; 20
(2)(A) Be completed with a copy provided to the Department of 21
Agriculture no less than forty -five (45) days before the full notice to 22
proceed under the construction contract for the commercial renewable energy 23
facility. 24
(B) An agricultural remediation agreement in the custody 25
of the department under subdivision (b)(2)(A) of this section is not a public 26
record and is exempt from examination or disclosure under the Freedom of 27
Information Act of 1967, § 25 -19-101 et seq.; 28
(3) Be binding on a subsequent commercial renewable energy 29
facility owner or landowner; and 30
(4) Provide the landowner with a comprehensive deconstruction 31
plan that includes adequate proof of financial mechanisms and assurances. 32
(c) The terms and conditions of the agricultural impact remediation 33
agreement required under this section may be modified by an underlying 34
agreement between the landowner and the commercial renewable energy facility 35
owner. 36 As Engrossed: H3/5/25 S4/2/25 HB1525
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(d) This subchapter or a term in an agricultural impact remediation 1
agreement shall not be construed to apply to or otherwise impair an 2
underlying agreement for a commercial renewable energy facility entered into 3
before the effective date of this subchapter. 4
(e) This subchapter shall not apply when the commercial renewable 5
energy facility owner is also the landowner. 6
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/s/Steimel 8
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APPROVED: 4/21/25 11
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