Oklahoma 2025 Regular Session

Oklahoma House Bill HB1373 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3		-	SENATE FLOOR VERSION - HB1373 SFLR Page 1
4		-	(Bold face denotes Committee Amendments) 1
	3	+	ENGR. H. B. NO. 1373 Page 1 1
5	4		2
6	5		3
7	6		4
8	7		5
9	8		6
10	9		7
11	10		8
12	11		9
13	12		10
14	13		11
15	14		12
16	15		13
17	16		14
18	17		15
19	18		16
20	19		17
21	20		18
22	21		19
23	22		20
24	23		21
25	24		22
26	25		23
27	26		24
28	27
29		-	SENATE FLOOR VERSION
30		-	April 17, 2025
31		-
32		-
33	28		ENGROSSED HOUSE
34	29		BILL NO. 1373 By: Boles and Crosswhite Hader
35	30		of the House
36	31
37	32		and
38	33
39	34		Green of the Senate
40		-
41		-
42	35
43	36
44	37
45	38		An Act relating to commercial solar facilities;
46	39		creating the Commercial Solar Facility
47	40		Decommissioning Act; defining terms; making certain
48	41		agreement provisions void; providing for certain
49	42		injunctive relief; stating certain provision s are not
50	43		exclusive; requiring agreement contain certain
51	44		provisions; requiring landowner make certain timely
52	45		request; requiring certain financial assurance be
53	46		delivered; stating acceptable forms of financial
54	47		assurance; requiring certain amount of financial
55	48		assurance; assigning ce rtain costs to grantee;
56	49		prohibiting certain cancellation of financial
57	50		assurance; providing for codification; and providing
58	51		an effective date.
59	52
60	53
61	54
62	55
63	56		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
64	57		SECTION 1. NEW LAW A new section of law to be codified
65	58		in the Oklahoma Statutes as Section 820 of Title 17, unless there is
66	59		created a duplication in numbering, reads as follows:
67	60		This act shall be known and may be cited as the "Commercial
68	61		Solar Facility Decommissioning Act ".
	62	+	SECTION 2. NEW LAW A new section of law to be codified
	63	+	in the Oklahoma Statutes as Section 820.1 of Title 17, unless there
	64	+	is created a duplication in numbering, reads as follows:
	65	+	As used in Commercial Solar Facility Decommissioning Act:
69	66
70		-	SENATE FLOOR VERSION - HB1373 SFLR Page 2
71		-	(Bold face denotes Committee Amendments) 1
	67	+	ENGR. H. B. NO. 1373 Page 2 1
72	68		2
73	69		3
74	70		4
75	71		5
76	72		6
77	73		7
78	74		8
79	75		9
80	76		10
81	77		11
82	78		12
83	79		13
84	80		14
85	81		15
86	82		16
87	83		17
88	84		18
89	85		19
90	86		20
91	87		21
92	88		22
93	89		23
94	90		24
95	91
96		-	SECTION 2. NEW LAW A new section of law to be codified
97		-	in the Oklahoma Statutes as Section 820.1 of Title 17, unless there
98		-	is created a duplication in numbering, reads as follows:
99		-	As used in Commercial Solar Facility Decommissioning Act:
100	92		1. "Generation assets" means all assets associated with the
101	93		production of electricity, including generation plants, electrical
102	94		interconnections of the ge neration plant to the transmission system,
103	95		fuel contracts, fuel transportation contracts, water contracts,
104	96		lands, surface or subsurface water rights, emissions -related
105	97		allowances, and gas pipeline interconnections ;
106	98		2. "Grantee" means a person, other than an electric utility
107	99		who:
108	100		a. leases property from a landowner, and
109	101		b. operates a solar power facility on the property;
110	102		3. "Solar energy device" means a solar energy collector or
111	103		solar energy system that provides for the collection of solar energy
112	104		or the subsequent use of that energy as thermal, mechanical, or
113	105		electrical energy;
114	106		4. "Solar power facility " includes:
115	107		a. a solar energy device , and
116	108		b. a facility or equipment, other than a facility or
117	109		equipment owned by an electric utility, used to
118	110		support the operation of a solar energy device,
119	111		including an underground or aboveground electrical
	112	+	transmission or communications line, an electric
	113	+	transformer, a battery storage facility, an energy
	114	+	storage facility, telecommunications equipment, a
120	115
121		-	SENATE FLOOR VERSION - HB1373 SFLR Page 3
122		-	(Bold face denotes Committee Amendments) 1
	116	+	ENGR. H. B. NO. 1373 Page 3 1
123	117		2
124	118		3
125	119		4
126	120		5
127	121		6
128	122		7
129	123		8
130	124		9
131	125		10
132	126		11
133	127		12
134	128		13
135	129		14
136	130		15
137	131		16
138	132		17
139	133		18
140	134		19
141	135		20
142	136		21
143	137		22
144	138		23
145	139		24
146	140
147		-	transmission or communications line, an electric
148		-	transformer, a battery storage facility, an energy
149		-	storage facility, telecommunicat ions equipment, a
150	141		road, a meteorologica l tower, or a maintenance yard;
151	142		and
152	143		5. "Solar power facility agreement " means a lease agreement
153	144		between a grantee and a landowner that authorizes the grantee to
154	145		operate a solar power facility on the leased property.
155	146		SECTION 3. NEW LAW A new section of law to be codified
156	147		in the Oklahoma Statutes as Section 820.2 of Title 17, unless there
157	148		is created a duplication in numbering, reads as follows:
158	149		The Commercial Solar Facility Decommissioning Act shall apply
159	150		only to a solar power facilit y that is a generation asset as defined
160	151		in Section 2 of this act.
161	152		SECTION 4. NEW LAW A new section of law to be codified
162	153		in the Oklahoma Statutes as Section 820.3 of Title 17, unless there
163	154		is created a duplication in numbering , reads as follows:
164	155		A. A provision of a solar power facility agreement that
165	156		purports to waive a right or exempt a grantee from a liability or
166	157		duty established by the Commercial Solar Facility Decommissioning
167	158		Act is void.
168	159		B. A person who is harmed by a violatio n of the Commercial
169	160		Solar Facility Decommissioning Act is entitled to appropriate
170	161		injunctive relief to prevent further violation of the act.
	162	+	C. The provisions of this section are not exclusive. The
	163	+	remedies provided in this section are in addition to any other
	164	+	procedures or remedies provided by other law.
171	165
172		-	SENATE FLOOR VERSION - HB1373 SFLR Page 4
173		-	(Bold face denotes Committee Amendments) 1
	166	+	ENGR. H. B. NO. 1373 Page 4 1
174	167		2
175	168		3
176	169		4
177	170		5
178	171		6
179	172		7
180	173		8
181	174		9
182	175		10
183	176		11
184	177		12
185	178		13
186	179		14
187	180		15
188	181		16
189	182		17
190	183		18
191	184		19
192	185		20
193	186		21
194	187		22
195	188		23
196	189		24
197	190
198		-	C. The provisions of this section are not exclusive. The
199		-	remedies provided in this section are in addition to any other
200		-	procedures or remedies provided by other law.
201	191		SECTION 5. NEW LAW A new section of law to be codified
202	192		in the Oklahoma Statutes as Section 820.4 of Title 17, unless there
203	193		is created a duplication in numbering, reads as follows:
204	194		A. A solar power facility agreement shall provide that the
205	195		grantee is responsible for removing the grantee 's solar power
206	196		facilities from the landowner 's property and that the grantee shall,
207	197		in accordance with any other applicable laws or regulation s, safely:
208	198		1. Clear, clean, and remove from the property each solar energy
209	199		device, transformer, and substation;
210	200		2. For each foundation of a solar energy device, transformer,
211	201		or substation installed in the ground:
212	202		a. clear, clean, and remove the foundation from the
213	203		ground to a depth of at least three (3) feet below the
214	204		surface grade of the land in which the foundation is
215	205		installed, and
216	206		b. ensure that each hole or cavity created in the ground
217	207		by the removal is filled with soil of the same type or
218	208		a similar type as the predominant soil found on the
219	209		property;
220	210		3. For each buried cable, including power, fiber -optic, and
221	211		communications cables, installed in the ground:
	212	+	a. clear, clean, and remove the cable from the ground to
	213	+	a depth of at least three (3) feet below the surface
	214	+	grade of the land in which the cable is installed , and
222	215
223		-	SENATE FLOOR VERSION - HB1373 SFLR Page 5
224		-	(Bold face denotes Committee Amendments) 1
	216	+	ENGR. H. B. NO. 1373 Page 5 1
225	217		2
226	218		3
227	219		4
228	220		5
229	221		6
230	222		7
231	223		8
232	224		9
233	225		10
234	226		11
235	227		12
236	228		13
237	229		14
238	230		15
239	231		16
240	232		17
241	233		18
242	234		19
243	235		20
244	236		21
245	237		22
246	238		23
247	239		24
248	240
249		-	a. clear, clean, and remove the cable from the ground to
250		-	a depth of at least three (3) feet below the surface
251		-	grade of the land in which the cable is installed , and
252	241		b. ensure that each hole or cavity created in the ground
253	242		by the removal is filled with soil of the same type or
254	243		a similar type as the predominant soil found on the
255	244		property; and
256	245		4. Clear, clean, and remove from the property each overhead
257	246		power or communications line installed by the grantee on the
258	247		property at the request of the landowner .
259	248		B. The agreement shall provide that, at the request of the
260	249		landowner, the grantee shall:
261	250		1. Clear, clean, and remove each road constructed by the
262	251		grantee on the property; and
263	252		2. Ensure that each hole or cavity created in the ground by the
264	253		removal is filled with soil of the same type or a similar type as
265	254		the predominant soil found on the property.
266	255		C. The agreement shall provide that, at the request of the
267	256		landowner, if reasonable, the grantee shall:
268	257		1. Remove from the property all rocks over twelve (12) inches
269	258		in diameter excavated during the decommissioning or removal process;
270	259		2. Return the property to a tillable state using scarification,
271	260		V-rip, or disc methods, as appropriate; and
272	261		3. Ensure that:
	262	+	a. each hole or cavity created in the ground by the
	263	+	removal is filled with soil of the same type or a
273	264
274		-	SENATE FLOOR VERSION - HB1373 SFLR Page 6
275		-	(Bold face denotes Committee Amendments) 1
	265	+	ENGR. H. B. NO. 1373 Page 6 1
276	266		2
277	267		3
278	268		4
279	269		5
280	270		6
281	271		7
282	272		8
283	273		9
284	274		10
285	275		11
286	276		12
287	277		13
288	278		14
289	279		15
290	280		16
291	281		17
292	282		18
293	283		19
294	284		20
295	285		21
296	286		22
297	287		23
298	288		24
299	289
300		-	a. each hole or cavity created in the ground by the
301		-	removal is filled with soil of the same type or a
302	290		similar type as the predominant soil found on the
303	291		property, and
304	292		b. the surface is returned as near as reasonably possible
305	293		to the same condition as before the grantee dug holes
306	294		or cavities, including by reseeding pastureland with
307	295		native grasses prescribed by an appropriate
308	296		governmental agency, if any. Noninvasive grasses
309	297		shall be allowed when reseeding native grasses isn't
310	298		economically feasible.
311	299		D. The landowner shall make a request under subsection B or C
312	300		of this section not later than the one hundred eightieth day after
313	301		the later of:
314	302		1. The date on which the solar power facility is no longer
315	303		capable of generating electricity in commercial quantities; or
316	304		2. The date the landowner receives written notice of intent to
317	305		decommission the solar power facility from the grantee.
318	306		SECTION 6. NEW LAW A new section of law to be codified
319	307		in the Oklahoma Statutes as Section 820.5 of Title 17, unless there
320	308		is created a duplication in numbering, reads as follows:
321	309		A. A solar power facility agreement shall provide that the
322	310		grantee obtain and delive r to the landowner evidence of financial
323	311		assurance that conforms to the requirements of this section to
	312	+	secure the performance of the grantee 's obligation to remove the
	313	+	grantee's solar power facilities located on the landowner 's property
324	314
325		-	SENATE FLOOR VERSION - HB1373 SFLR Page 7
326		-	(Bold face denotes Committee Amendments) 1
	315	+	ENGR. H. B. NO. 1373 Page 7 1
327	316		2
328	317		3
329	318		4
330	319		5
331	320		6
332	321		7
333	322		8
334	323		9
335	324		10
336	325		11
337	326		12
338	327		13
339	328		14
340	329		15
341	330		16
342	331		17
343	332		18
344	333		19
345	334		20
346	335		21
347	336		22
348	337		23
349	338		24
350	339
351		-	secure the performance of the grantee 's obligation to remove the
352		-	grantee's solar power facilities located on the landow ner's property
353	340		as described by Section 5 of this act. Acceptable forms of
354	341		financial assurance include a parent company guaranty with a minimum
355	342		investment grade credit rating for the parent company issued by a
356	343		major domestic credit rating agency, a letter of credit, a bond, or
357	344		another form of financial assurance reasonably acceptable to the
358	345		landowner.
359	346		B. The amount of the financial assurance must be at least equal
360	347		to the estimated amount by which the cost of removing the solar
361	348		power facilities from the landowner 's property and restoring the
362	349		property to as near as reasonably possible the condition of the
363	350		property as of the date the agreement begins exceeds the salvage
364	351		value of the solar power facilities, less any portion of the value
365	352		of the solar power facilities pledged to secure outstandi ng debt.
366	353		C. The agreement shall provide that:
367	354		1. The estimated cost of removing the solar power facilities
368	355		from the landowner's property and restoring the property to as near
369	356		as reasonably possible the condition of the property as of the date
370	357		the agreement begins and the estimated salvage value of the solar
371	358		power facilities must be determined by an independent, third -party
372	359		professional engineer licensed in this state;
373	360		2. The grantee shall deliver to the landowner an updated
374	361		estimate, prepared by an indep endent, third-party professional
	362	+	engineer licensed in this state, of the cost of removal and the
	363	+	salvage value:
375	364
376		-	SENATE FLOOR VERSION - HB1373 SFLR Page 8
377		-	(Bold face denotes Committee Amendments) 1
	365	+	ENGR. H. B. NO. 1373 Page 8 1
378	366		2
379	367		3
380	368		4
381	369		5
382	370		6
383	371		7
384	372		8
385	373		9
386	374		10
387	375		11
388	376		12
389	377		13
390	378		14
391	379		15
392	380		16
393	381		17
394	382		18
395	383		19
396	384		20
397	385		21
398	386		22
399	387		23
400	388		24
401	389
402		-	engineer licensed in this state, of the cost of removal and the
403		-	salvage value:
404	390		a. on or before the tenth anniversary of the commercial
405	391		operations date of the solar power facilities , and
406	392		b. at least once every five (5) years after the
407	393		commercial operations date of the solar power
408	394		facilities for the remainder of the term of the
409	395		agreement; and
410	396		3. The grantee is responsible for ensuring that the amount of
411	397		the financial assurance remains sufficient to cover the amount
412	398		required by subsection B of this section, consistent with the
413	399		estimates required by this subsection.
414	400		D. The grantee is responsible for the costs of obtaining
415	401		financial assurance described by this section and costs of
416	402		determining the estimated removal costs and salvage va lue.
417	403		E. The agreement must provide that the grantee shall deliver
418	404		the financial assurance not later than the earlier of:
419	405		1. The date the solar power facility agreement is terminated;
420	406		or
421	407		2. The twentieth anniversary of the commercial operations dat e
422	408		of the solar power facilities located on the landowner 's leased
423	409		property.
424	410		F. For purposes of this section, "commercial operations date "
425	411		means the date on which the solar power facilities are approved for
	412	+	participation in market operations by a regional transm ission
	413	+	organization and does not include the generation of electrical
426	414
427		-	SENATE FLOOR VERSION - HB1373 SFLR Page 9
428		-	(Bold face denotes Committee Amendments) 1
	415	+	ENGR. H. B. NO. 1373 Page 9 1
429	416		2
430	417		3
431	418		4
432	419		5
433	420		6
434	421		7
435	422		8
436	423		9
437	424		10
438	425		11
439	426		12
440	427		13
441	428		14
442	429		15
443	430		16
444	431		17
445	432		18
446	433		19
447	434		20
448	435		21
449	436		22
450	437		23
451	438		24
452	439
453		-	participation in market operations by a regional transmission
454		-	organization and does not include the generation of electrical
455	440		energy or other operations conducted before that date for purposes
456	441		of maintenance and testing.
457	442		G. The grantee may not cancel financial assurance before the
458	443		date the grantee has co mpleted the grantee's obligation to remove
459	444		the grantee's solar power facilities located on the landowner 's
460	445		property in the manner provided by this act, unless the grantee
461	446		provides the landowner with replacement financial assurance at the
462	447		time of or before the ca ncellation. In the event of a transfer of
463	448		ownership of the grantee 's solar power facilities, the financial
464	449		security provided by the grantee shall remain in place until the
465	450		date evidence of financial security meeting the requirements of this
466	451		act is provided to the landowner.
467	452		SECTION 7. This act shall become effective November 1, 2025.
468		-	COMMITTEE REPORT BY: COMMITTEE ON ENERGY
469		-	April 17, 2025 - DO PASS
	453	+	Passed the House of Representatives the 3rd day of March, 2025.
	454	+
	455	+
	456	+
	457	+
	458	+	Presiding Officer of the House
	459	+	of Representatives
	460	+
	461	+
	462	+
	463	+	Passed the Senate the ___ day of __________, 2025.
	464	+
	465	+
	466	+
	467	+
	468	+	Presiding Officer of the Senate