Arkansas 2025 Regular Session

Arkansas House Bill HB1525 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	Stricken language would be deleted from and underlined language would be added to present law.
2	2	CRH149 02/18/2025 9:31:37 AM CRH149
3	3	State of Arkansas 1
4	4	95th General Assembly A Bill 2
5	5	Regular Session, 2025 HOUSE BILL 1525 3
6	6	4
7	7	By: Representative Steimel 5
8	8	By: Senator Irvin 6
9	9	7
10	10	For An Act To Be Entitled 8
11	11	AN ACT TO AMEND THE LAW CONCERNING REAL PROPERTY; TO 9
12	12	ADDRESS AGRICULTURAL IMPACT REMEDIATION AGREEMENTS; 10
13	13	AND FOR OTHER PURPOSES. 11
14	14	12
15	15	13
16	16	Subtitle 14
17	17	TO AMEND THE LAW CONCERNING REAL 15
18	18	PROPERTY; AND TO ADDRESS AGRICULTURAL 16
19	19	IMPACT REMEDIATION AGREEMENTS. 17
20	20	18
21	21	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 19
22	22	20
23	23	SECTION 1. Arkansas Code Title 18, Chapter 11, is amended to add an 21
24	24	additional subchapter to read as follows: 22
25	25	Subchapter 9 — Agricultural Impact Remediation Agreements 23
26	26	24
27	27	18-11-901. Definitions. 25
28	28	As used in this subchapter: 26
29	29	(1) "Agricultural impact remediation agreement" means an 27
30	30	agreement between a commercial renewable energy facility owner and a 28
31	31	landowner as described in this subchapter; 29
32	32	(2) “Agricultural land” means a property from which one thousand 30
33	33	dollars ($1,000) or more of agricultural products were produced and sold, or 31
34	34	normally would have been sold, during a given year; 32
35	35	(3) "Commercial renewable energy facility" means a commercial 33
36	36	wind energy facility or commercial solar energy facility; 34
37	37	(4) "Construction" means the installation, preparation for 35
38	38	installation, or repair of a commercial renewable energy facility; 36 HB1525
39	39
40	40	2 02/18/2025 9:31:37 AM CRH149
41	41	(5) "Deconstruction" means the removal of a commercial renewable 1
42	42	energy facility from the property of a landowner and the restoration of the 2
43	43	property as provided in an agricultural impact remediation agreement; and 3
44	44	(6) "Landowner" means a person: 4
45	45	(A) With an ownership interest in property that is used 5
46	46	for agricultural purposes; and 6
47	47	(B) Who is a party to an underlying agreement. 7
48	48	8
49	49	18-11-902. Agricultural impact remediation agreement. 9
50	50	(a) An owner of a commercial renewable energy facility on agricultural 10
51	51	land shall enter into an agricultural impact remediation agreement with the 11
52	52	respective landowner. 12
53	53	(b) The agricultural impact remediation agreement required under 13
54	54	subsection (a) of this section shall: 14
55	55	(1) Outline construction and deconstruction standards to ensure 15
56	56	the restoration of the agricultural land upon the conclusion of the 16
57	57	commercial renewable energy facility; 17
58	58	(2) Be completed with a copy provided to the Department of 18
59	59	Agriculture no less than forty -five (45) days before the commencement of 19
60	60	construction; 20
61	61	(3) Be binding on a subsequent commercial renewable energy 21
62	62	facility owner or landowner; and 22
63	63	(4) Provide the landowner with a comprehensive deconstruction 23
64	64	plan that includes adequate financial mechanisms and assurances. 24
65	65	(c) The terms and conditions of the agricultural impact remediation 25
66	66	agreement required under this section may be modified by an underlying 26
67	67	agreement between the landowner and the commercial renewable energy facility 27
68	68	owner. 28
69	69	(d) This subchapter or a term in an agricultural impact remediation 29
70	70	agreement shall not be construed to apply to or otherwise impair an 30
71	71	underlying agreement for a commercial renewable energy facility entered into 31
72	72	before the effective date of this subchapter. 32
73	73	33
74	74	34
75	75	35
76	76	36