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ENGR. S. A. TO ENGR. H. B. NO. 2155 Page 1
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ENGROSSED SENATE AMENDMENT
TO
ENGROSSED HOUSE
BILL NO. 2155 By: Dobrinski of the House
and
Green of the Senate
[ Corporation Commission - Renewable Energy Facility
Act – rules - facility operators - penalties -
permit - filing fee - codification –
emergency ]
AUTHOR: Add the following House Coauthor: Waldron
AMENDMENT NO. 1. Page 1, strike the enacting clause
Passed the Senate the 8th day of May, 2025.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2025.
Presiding Officer of the House
of Representatives
ENGR. H. B. NO. 2155 Page 1
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ENGROSSED HOUSE
BILL NO. 2155 By: Dobrinski of the House
and
Green of the Senate
[ Corporation Commission - Renewable Energy Facility
Act – rules - facility operators - penalties -
permit - filing fee - codification –
emergency ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 810 of Title 17, unless there is
created a duplication in numbering, reads as follows:
This act shall be known and may be cited as the "Renewable
Energy Facility Act".
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 811 of Title 17, unless there is
created a duplication in numbering, reads as follows:
As used in the Renewable Energy Facility Act:
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1. "Adjacent owner" means the landowner or landowners of record
of the surface estate and owners or holders of the mineral estate,
within a one-half (1/2) mile radius of the outer boundary of any
energy facility;
2. "Commission" means the Oklahoma Corporation Commission;
3. "Energy facility" means the development, construction,
operation, and maintenance of facilities for renewable energy
sources including wind energy, solar energy, battery storage,
hydrogen energy, or other renewable energy source, but shall not
include transmission or distribution lines providing services to the
facility;
4. "Facility operator" or "applicant" means a person or entity
who is the owner of the right to develop, operate, and maintain an
energy facility;
5. "Mineral estate" means ownership or interests as defined
under Section 802 of Title 52 of the Oklahoma Statutes;
6. "Mineral owner" means an owner or holder of certain rights
of the mineral estate as defined under Section 802 of Title 52 of
the Oklahoma Statutes, as to the property upon which the energy
facility is to be developed, operated, and maintained based upon the
records of the county clerk of the county within which the mineral
estate lies;
7. "Permit" means a form approved by the Commission for an
energy facility;
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8. "Surface estate" means, as to any lands within the State of
Oklahoma, the fee simple or absolute fee ownership of a tract of
real property, as defined under Sections 5 and 23 of Title 60 of the
Oklahoma Statutes, less and excluding the mineral estate; and
9. "Surface owner" means the landowner or landowners of record
of the surface estate of the real property upon which the energy
facility is to be developed, operated, and maintained, based upon
the records of the county clerk of the county within which the
surface estate is actually located.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 812 of Title 17, unless there is
created a duplication in numbering, reads as follows:
A. The Corporation Commission is directed and authorized to
promulgate rules governing the operations for energy facilities for
the purpose of protecting the interests and property of the citizens
of this state.
B. Any facility operator desiring to commence any energy
facility in this state shall, prior to commencing any such activity:
1. Be duly registered with or under the jurisdiction of the
Commission;
2. Provide a form of financial security which meets the
provisions of Section 160.15 of Title 17 of the Oklahoma Statutes,
if applicable, or provide a form of financial security, in the form
and amount to be determined by the Commission, as applicable, which
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shall remain in effect until release is authorized by the
Commission; and
3. Obtain an approved permit from the Commission.
C. Rules promulgated by the Commission governing all energy
facility operations shall include, but not be limited to,
requirements for:
1. A permit containing:
a. the name, address, and contact information of the
facility operator, including a named representative of
the facility operator and a telephone number and
electronic mail address for each such representative
including emergency contact information,
b. a legal description of the energy facility which
includes the gross acreage utilized and actual size of
the energy facility,
c. an attestation that insurance with coverage limits
consistent with prevailing industry standards shall be
obtained and kept in effect or an attestation that the
provisions of Section 160.19 of Title 17 of the
Oklahoma Statutes, if applicable, have been complied
with,
d. sources of water used at the energy facility, if any,
e. an attestation that the facility operator has current
safety and environmental plans in place and that it
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will provide such plans to state, regional and local
emergency personnel, if requested,
f. proposed methods for disposal of equipment, waste,
chemicals or other substances, if any, during the life
of the energy facility,
g. an attestation that prior to abandonment or
decommission, the facility operator shall notify the
Commission at least thirty (30) days in advance,
h. an attestation that a decommission plan shall be
provided to the Commission, the Department of
Environmental Quality, and any other agencies, if
requested, and if applicable, such decommission plan
shall comply with the provisions of Section 160.14 of
Title 17 of the Oklahoma Statutes, and
i. a list of the names and addresses for all surface,
mineral, and adjacent owners notified in accordance
with paragraph 2 of this subsection;
2. An applicant to notify all surface, mineral, and adjacent
owners where the energy facility shall be located at least sixty
(60) days prior to commencement of any energy facility by U.S. mail.
If the applicant has the right to commence an energy facility and
has attempted to give actual notice of intent to commence the energy
facility to the owners noted herein, any time prior to sixty (60)
days of commencing the energy facility, such action shall be
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considered sufficient notification for the purposes of this section.
For the purposes of this section, an attempt to notify shall be
considered sufficient when the notification is sent by U.S. mail,
the notice is postmarked at least sixty (60) days prior to
commencement of any energy facility, and has been given at the last
address shown of record for any such owners in the records of the
county clerk in the county where the owners’ lands are located, or
an address that is verified by an applicant to be more accurate than
the foregoing address of record;
3. An applicant to file an affidavit within ninety (90) days of
the last mailing of the notice described herein with the county
clerk in the county where the lands are located, setting out that
mailing of the notice has occurred in compliance with this section,
and specifically listing the owners which were not locatable at the
addresses required;
4. A facility operator shall obtain an additional permit for
any extension, rebuild, or upgrade of the initial energy facility;
and
5. Any other pertinent and relevant information requested by
the Commission for the protection of surface, minerals, and adjacent
owners shall be timely provided by the facility operator.
D. The Commission is further directed to promulgate rules to
implement a system to register complaints against any facility
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operator. The Commission may determine if and when a complaint has
been adequately resolved.
E. Any facility operator which commences any energy facility
without an approved permit by the Commission, or in any other manner
violates the rules of the Commission governing such energy facility,
shall be subject to a penalty of One Thousand Five Hundred Dollars
($1,500.00) per violation per day by the Commission, in addition to
any other legal remedy provided by law.
F. In order for facility operators to continue operations on
any preexisting, operating, or under construction energy facilities,
a permit shall be obtained from the Commission on or before January
1, 2026. A preexisting, operating, or under construction energy
facility owned by a public utility under the jurisdiction of the
Commission shall not be assessed a fee for a permit.
G. The Commission is authorized to assess a filing fee for any
permit required under this section on a per acre or per turbine or
per mega-watt output or any other basis the Commission deems
appropriate, in an amount not to exceed Forty Thousand Dollars
($40,000.00) per permit. The Commission is authorized to adopt
emergency rules in order to effectuate the provisions of this act.
SECTION 4. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
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Passed the House of Representatives the 5th day of March, 2025.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2025.
Presiding Officer of the Senate