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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 996 By: Allen
AS INTRODUCED
An Act relating to the Corporation Commission;
amending 17 O.S. 2011, Section 160.14 , which relates
to decommissioning of wind energy fac ility; requiring
removal of certain material from state in certain
time period; updating reference; requiring Commission
to impose certain fine; providing for deposit of
funds; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 17 O.S. 2011, Section 160.14, is
amended to read as follows:
Section 160.14. A. The owner of a wind energy facility shall
be responsible, at its expense, for the proper deco mmissioning of
the facility upon abandonment or the end of the useful life of the
commercial wind energy equipment in the wind energy facility.
B. Proper decommissioning of a wind energy facility shall
include:
1. Removal of wind turbines, towers, buildi ngs, cabling,
electrical components, foundations and any other associated
facilities, to a depth of thir ty (30) inches below grade; and
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2. Disturbed earth being graded and reseeded or otherwise
restored to substantia lly the same physical condition as exis ted
prior to the construction of the wind energy facility by the owner,
excluding roads, unless the land owner specifically requests in
writing that the roads or other land surface areas be restored.
C. The decommissioning of the wind energy facility, or
individual pieces of commercial wind energy equipment, shall be
completed as follows:
1. By the owner of the wind energy facility within twelve (12)
months after abandonment or the end of the useful life of the
commercial wind energy equipment in the wind energy facility; and
2. Any material removed pursuant to this subsection that cannot
be recycled shall be removed from the state within ninety (90) days
after the completion of decommissioning ; and
3. If the owner of the wind energy facility fails to com plete
the decommissioning within the period prescribed in paragraph
paragraphs 1 and 2 of this subsection, the Corporation Commission
shall take such measures as are necessary to complete the
decommissioning and shall impose a fine of no more than Five Hun dred
Dollars ($500.00) per day for each day the decommissioning is not
completed, to be deposited into the Corporation Comm ission Revolving
Fund created in Section 180.7 of this title.
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D. A lease or other agreement b etween a landowner and an owner
of a wind energy facility may contain provisions for decommissioning
that are more restrictive than provided for in this section.
SECTION 2. This act shall become effective November 1, 2021.
58-1-1120 APW 1/21/2021 8:38:33 PM