Stricken language would be deleted from and underlined language would be added to present law. *CRH149* 02/18/2025 9:31:37 AM CRH149 State of Arkansas 1 95th General Assembly A Bill 2 Regular Session, 2025 HOUSE BILL 1525 3 4 By: Representative Steimel 5 By: Senator Irvin 6 7 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 12 13 Subtitle 14 TO AMEND THE LAW CONCERNING REAL 15 PROPERTY; AND TO ADDRESS AGRICULTURAL 16 IMPACT REMEDIATION AGREEMENTS. 17 18 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 19 20 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 24 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 2 02/18/2025 9:31:37 AM CRH149 (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 8 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 33 34 35 36