ENGR. S. A. TO ENGR. H. B. NO. 2359 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ENGROSSED SENATE AMENDMENT TO ENGROSSED HOUSE BILL NO. 2359 By: Boles of the House and Paxton of the Senate [ Corporation Commission - annual report - evidence of financial security – penalty – codification - effective date ] AMENDMENT NO. 1. Page 1, strike the title, enacting clause and entire bill and insert “[ Corporation Commission - annual report - evidence of financial security – penalty – codification - effective date ] BE IT ENACTED BY THE PE OPLE OF THE STATE OF OKLAHOMA: SECTION 1. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 160.14A of Title 17, unless there is created a duplication in numbering, reads as follows: A. The owner of a renewable energy re cycling facility shall submit an annual report to the Public Utility Division of the Corporation Commission no later than February 1 of each calendar year for the immediately preceding calendar year . The report shall ENGR. S. A. TO ENGR. H. B. NO. 2359 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 include a current total inventory of renewable energy components accepted for recycling, but not y et recycled, as of the end of the reporting period and an estimated timeline for the finality of recycling of those renewable energy components. The report shall also include the estimated costs for completing the recycling of the reported inventory within the estimated timeline . Provided, the estimated costs associated wi th the recycling of wind turbine bla des shall be reported independen tly from the aggregate cost estimate. The report shall be submitted in the manner and form prescribed by the Commission. B. The owner of a renewable energy recycling facility shall submit to the Public Utility Division of the Commission evidence of financial security to cover the ant icipated costs of recycling the reported inventory, including wind turbine blades, during the upcoming calendar year. Evidence of financial security may be in the form of a surety bond, collateral bond, parent guaranty, cash, cashier’s check, certificate of deposit, bank joint custody receipt , or other approved negotiable instrument as established in rules promulgated by the Corporation Commission. Evidence of financial security shall be submitted within ninety (90) days of the renewable energy recycling facility taking control o f any renewable energy components to be recycled. ENGR. S. A. TO ENGR. H. B. NO. 2359 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 C. The amount of financial security shal l be one hundred twenty-five percent (125%) of the estimated total cost of recycling reported pursuant to subsection A of this section. D. The Public Utility Div ision of the Commission s hall post on the website of the Commission a list of those renewable energy recycling facilities that have submitted the report and evidence of financial security in accordance with the provisions of this section. An owner of a wind farm operation that chooses to send wind turbine blade renewable energy components to a third-party recycling facility locat ed in this state shall utilize renewable energy recycling facilities listed on the Commission website. E. If the owner of a recycling facility fails to submit the information required by this section, the owner shall be subject to an administrative penalty not to exceed Five Hundred Dollars ($500.00) per day. F. Each recycling facility shall submit an annual registration fee of One Thousand Dollars ($1,000.00) per year to the Commi ssion at the time of the annual report filing to cover the cost of implementing the provisions of this section. SECTION 2. This act shall become effective November 1, 2023.” ENGR. S. A. TO ENGR. H. B. NO. 2359 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Passed the Senate the 19th day of April, 2023. Presiding Officer of the Senate Passed the House of Representatives the ____ day of __________, 2023. Presiding Officer of the House of Representatives ENGR. H. B. NO. 2359 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ENGROSSED HOUSE BILL NO. 2359 By: Boles of the House and Paxton of the Senate [ Corporation Commission - annual report - evidence of financial security – penalty – codification - effective date ] BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 3. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 160.14A of Title 17, unless there is created a duplication in numbering, reads as follows: A. The owner of a renewable energy re cycling facility shall submit an annual report to the Oklahoma Corporation Com mission no later than December 31 of each calendar year to include current inventory and an estimated timeline for the finality of recycling of all renewable energy components. The report shall also include evidence of financial security for all projects for that calendar year. B. The owner of a renewable energy recycling facility shall submit to the Oklahoma Corporation Commission evidence of financial ENGR. H. B. NO. 2359 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 security to cover the ant icipated costs of recycling wind turbine blades or other components of the ren ewable energy facility. Evidence of financial security may be in the form of a surety bond, collateral bond, parent guaranty, cash, cashier 's check, certificate of deposit, bank joint custody receipt or other approved n egotiable instrument as established in rules promulgated by the Oklahoma Corporation Commission. Evidence of financial security shall be submitted within ninety (90) days of the recycling facility taking control of components for the energy facility to be recycled. C. The amount of financi al security shall be one hundred twenty-five percent (125%) of the estimated total cost of recycling. D. If the owner of the recycling facility fails to submit the information required by this section, the owner shall b e subject to an administrative penal ty not to exceed Five Hundred Dollars ($500.00) per day. SECTION 4. This act shall become effective November 1, 2023. ENGR. H. B. NO. 2359 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Passed the House of Representatives the 6th day of March, 2023. Presiding Officer of the House of Representatives Passed the Senate the ___ day of __________, 2023. Presiding Officer of the Senate