Read the full stored bill text
An Act
ENROLLED HOUSE
BILL NO. 3464 By: Boles, Chapman, and
Dobrinski of the House
and
Paxton and Green of the
Senate
An Act relating to energy; creating the Oklahoma
Energy Storage Resource Safety Act; stating
legislative intent; defining terms; requiring energy
storage resources comply with certain safety codes
and standards; providing for resolution if conflict
exists; limiting application for certain energy
storage resources; authorizing requirement for
certain written report; listing required contents of
written report; requiring certain cooperation;
requiring certain information be provided; requiring
the curing of noncompliance before commencement of
operations; requiring certain energy storage resource
to have emergency operations plan; listing
requirements of emergency operations plan; requiring
submission of emergency operations plan; requiring
the offering of certain training to local first
responders; listing requirements of training;
prohibiting certain actions by political
subdivisions; requiring certain agreements contain
decommissioning provisions; requiring landowner make
certain timely requests for grantee compliance;
stating certain applicability; requiring certain
financial assurance be delivered; stating acceptable
forms of financial assurance; requiring certain
amount of financial assurance; providing agreement
contain certain provisions; detailing agreement
provision requirements; assigning certain costs to
grantee; prohibiting certain cancellation of
financial assurance; making certain agreement
provisions void; providing for certain injunctive
relief; establishing fees for review and permitting
certain facilities by the Office of the Oklahoma
State Fire Marshal; limiting the amount of collected
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fees; providing for distribution of collected fees;
requiring completion of certain report as soon as
practicable; requiring the State Fire Marshal
Commission to adopt certain rules; requiring fees and
timing to continue to conform if certain delegation
occurs; limiting application of act to certain
facilities; creating the Oklahoma Solar Energy
Development Act; stating legislative findings;
requiring owners of solar energy facilities to
provide certain statement to landowners; listing
minimum requirements of statements; authorizing
certain landowners the right to inspect records to
verify payments; requiring certain records be made
available; detailing the procedure for providing
records; requiring the annual reporting of
generation, nameplate capacity, and facility location
to the Oklahoma Corporation Commission; requiring the
keeping of liability insurance policy prior to
commencement of construction; requiring landowner be
added as additional insured to policy; requiring
certain evidence of policy be submitted to landowner;
requiring certain notice; requiring submission of a
notification of intent to build; requiring
Corporation Commission prescribe form and submission
requirements; listing certain required information;
requiring certain notification to board of county
commissioners or municipality; requiring publication
of certain notice by certain date; requiring copies
of notice be sent to certain specified parties;
requiring an affidavit in certain situations;
requiring the holding of a public meeting; requiring
notice of public meeting be published and submitted;
listing requirements of public meeting notice;
requiring certain notice to surface estate owner;
requiring certain provided information be
confidential and proprietary; requiring parties take
certain actions; stating confidentiality provisions
shall not be limited by certain agreements; providing
for certain penalties; listing requirements of notice
to surface estate; prohibiting commencement of
construction until all notification requirements are
satisfied; requiring notification to Corporation
Commission that certain requirements have been met;
providing for certain penalty; stating requirements
shall only apply to certain facilities; requiring
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submission of certain site plans to the Office of the
Oklahoma State Fire Marshal at certain time; listing
requirements to be included in site plan; limiting
review of the Office of the Oklahoma State Fire
Marshal; requiring review be completed as soon as
practicable; allowing certain on-site actions to
proceed during review period; authorizing assessment
of certain fee; limiting the amount of collected fee;
providing for fee distribution; providing for
application to certain facilities; requiring
compliance with certain act; requiring submission of
certain evidence of financial assurance; providing
for certain calculations of financial assurance;
requiring financial assurance be certain percentage
of decommissioning estimate; authorizing Corporation
Commission to promulgate certain rules; granting
certain exclusive jurisdiction; providing for
codification; providing an effective date; and
declaring an emergency.
SUBJECT: Energy
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 180.14 of Title 17, unless there
is created a duplication in numbering, reads as follows:
Sections 1 through 8 of this act shall be known and may be cited
as the "Oklahoma Energy Storage Resource Safety Act".
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 180.15 of Title 17, unless there
is created a duplication in numbering, reads as follows:
The Legislature finds that:
1. To protect the citizens of Oklahoma, energy storage
resources shall satisfy safety codes and standards; and
2. This act is intended to help Oklahoma secure the benefits of
energy storage resources to provide electric grid reliability.
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SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 180.16 of Title 17, unless there
is created a duplication in numbering, reads as follows:
As used in the Oklahoma Energy Storage Resource Safety Act:
1. "Commencement of operations" means the date on which an
energy storage resource first delivers electricity to the grid in an
amount sufficient for commercial sale or use off-site from the
energy storage resource, but shall not include amounts of electrical
energy used only for the maintenance or testing of the energy
storage resource or related equipment;
2. "Energy storage resource" means a resource capable of
receiving electric energy from the electrical grid, or from a
generation source with which it is associated, and storing such
electric energy for later injection into the electrical grid;
3. "Energy storage resource agreement" means a lease agreement
between a grantee and a landowner that authorizes the grantee to
operate an energy storage resource on the leased property;
4. "Grantee" means a person, other than an electric utility
who:
a. leases property from a landowner, and
b. operates an energy storage resource on the property;
and
5. "Resource owner" means the entity having a majority equity
interest in the energy storage resource, including its respective
successors and assigns.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 180.17 of Title 17, unless there
is created a duplication in numbering, reads as follows:
A. An energy storage resource shall comply with the following
minimum safety codes and standards for energy storage resource
equipment or facilities:
1. The International Fire Code (IFC), as adopted and amended by
the Oklahoma Uniform Building Code Commission, in effect at the time
a construction permit is applied for; and
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2. Criteria described in the National Fire Protection
Association (NFPA) 855 2026 Standard for the Installation of
Stationary Energy Storage Systems.
Where a conflict exists between the requirements of the IFC, as
adopted and amended by the Oklahoma Uniform Building Code
Commission, and the NFPA 855 2026 edition, the provisions of the
NFPA 855 2026 edition shall take precedence. For an energy storage
resource with a nameplate capacity equal to or less than one (1)
megawatt, only the provisions of this subsection shall apply.
B. Before a construction permit is issued for an energy storage
resource, the entity responsible for fire inspection and primary
emergency response may require the resource owner to pay for an
independent, third-party engineer licensed in this state or other
consultant with appropriate expertise, to provide a written report
to the entity responsible for fire inspection and primary emergency
response and the resource owner determining:
1. Whether the energy storage resource, as proposed, complies
with subsection A of this section; and
2. To the extent the energy storage resource does not comply
with subsection A of this section, any appropriate actions to cure
such noncompliance in accordance with the NFPA 855 2026 edition.
C. Any resource owner that receives a lawful request pursuant
to subsection B of this section shall cooperate with the request.
Such cooperation shall include providing the engineer or consultant
with all necessary documents relating to the energy storage
resource's site layout, emergency operations plan, hazard mitigation
analysis, manufacturer specifications, product listings, including,
but not limited to, UL 9540 and UL 9540A reports, compliance with
the NFPA 855 2026 edition and other applicable referenced standards,
electrical drawings, monitoring procedures, and fire protection
system, as applicable to the proposed energy storage resource. If
the engineer or consultant identifies appropriate actions to cure
noncompliance under paragraph 2 of subsection B of this section, the
resource owner shall implement said appropriate actions before
commencement of operations.
D. Energy storage resources, other than energy storage systems
installed in one- and two-family dwellings as defined in the NFPA
855 2026 edition, in this state shall have and maintain, at an on-
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site location accessible to local first responders, a site-specific
emergency operations plan. In accordance with the NFPA 855 2026
edition, the site-specific emergency operations plan shall identify:
1. Potential risks and hazards specific to the site;
2. Hazard mitigation measures;
3. Procedures for the safe shutdown, de-energizing, or
isolation of equipment and systems under emergency conditions,
including emergency procedures to be followed in case of fire;
4. Procedures for handling equipment damaged in a fire or other
emergency event;
5. Procedures and schedules for conducting drills using the
procedures listed under this subsection and documentation related to
the performance of the drills;
6. Procedures for communication between the operator of the
energy storage resource and first responders, including procedures
that facilitate communication between first responders and emergency
contacts for the resource operator; and
7. Emergency operations protocols to ensure safety during
critical events, including protocols that provide for the safety of
nearby residents, neighboring properties, and first responders.
E. Before commencement of operations, the resource owner shall
provide the site-specific emergency operations plan to the entity
responsible for fire inspection and primary emergency response.
F. Energy storage resource owners in this state shall offer to
local first responders, at no cost to the responders, education and
training regarding responding to an equipment failure incident at
the energy storage resource site. The training shall include:
1. Training on specific characteristics of the energy storage
resource technology;
2. Training on protecting first responders during incident
response;
3. Training on hazards commonly associated with incident
response;
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4. Training on incident response protocols, including an
overview of the site-specific emergency operations plan developed
under subsection D of this section; and
5. An on-site review of the perimeter, major equipment, and
ingress and egress to the energy storage resource site.
G. Unless expressly authorized by law, political subdivisions
in this state shall not adopt, enforce, or maintain any rules,
regulations, codes, or standards that uniquely apply to energy
storage resources other than those set forth in the Oklahoma Energy
Storage Resource Safety Act.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 180.18 of Title 17, unless there
is created a duplication in numbering, reads as follows:
A. An energy storage resource agreement executed after the
effective date of this act shall provide that the grantee is
responsible for removing the grantee’s components of an energy
storage resource facility from the landowner's property and that the
grantee shall, in accordance with any other applicable laws or
regulations, safely perform the following:
1. Clear, clean, and remove from the property each energy
storage resource and associated transformers and substations;
2. For each foundation of an energy storage resource,
transformer, or substation installed in the ground:
a. clear, clean, and remove the foundation from the
ground to a depth of at least three (3) feet below the
surface grade of the land in which the foundation is
installed, and
b. ensure that each hole or cavity created in the ground
by the removal is filled with soil of the same type or
a similar type as the predominant soil found on the
property;
3. For each buried cable, including power, fiber-optic, and
communications cables, installed in the ground:
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a. clear, clean, and remove the cable from the ground to
a depth of at least three (3) feet below the surface
grade of the land in which the cable is installed, and
b. ensure that each hole or cavity created in the ground
by the removal is filled with soil of the same type or
a similar type as the predominant soil found on the
property; and
4. Clear, clean, and remove from the property each overhead
power or communications line installed by the grantee on the
property at the request of the landowner.
B. The agreement shall provide that, at the request of the
landowner, the grantee shall:
1. Clear, clean, and remove each road constructed by the
grantee on the property; and
2. Ensure that each hole or cavity created in the ground by the
removal is filled with soil of the same type or a similar type as
the predominant soil found on the property.
C. The agreement shall provide that, at the request of the
landowner, if reasonable, the grantee shall:
1. Remove from the property all rocks over twelve (12) inches
in diameter excavated during the decommissioning or removal process;
2. Return the property to a tillable state using scarification,
V-rip, or disc methods, as appropriate; and
3. Ensure that:
a. each hole or cavity created in the ground by the
removal is filled with soil of the same type or a
similar type as the predominant soil found on the
property, and
b. the surface is returned as near as reasonably possible
to the same condition as before the grantee dug holes
or cavities, including by reseeding pastureland with
native grasses prescribed by an appropriate
governmental agency, if any. Noninvasive grasses
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shall be allowed when reseeding native grasses is not
economically feasible.
D. The landowner shall make a request under subsection B or C
of this section not later than the one hundred eightieth day after
the later of:
1. The date on which the landowner receives from the grantee
via certified mail a copy of a notification of intent to suspend
operations filed with a grid operator indicating an intent to
permanently cease operations; or
2. The date the landowner receives written notice of intent to
decommission the energy storage resource from the grantee.
E. The provisions of this section shall only apply to energy
storage resource agreements executed after the effective date of
this act and shall have no effect on existing agreements.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 180.19 of Title 17, unless there
is created a duplication in numbering, reads as follows:
A. An energy storage resource agreement executed after the
effective date of this act shall provide that the grantee obtain and
deliver to the landowner evidence of financial assurance that
conforms to the requirements of this section to secure the
performance of the grantee's obligation to remove the grantee's
energy storage resource facilities located on the landowner's
property as described by Section 5 of this act. Acceptable forms of
financial assurance include a parent company guaranty with a minimum
investment grade credit rating for the parent company issued by a
major domestic credit rating agency, a letter of credit, a bond, or
another form of financial assurance reasonably acceptable to the
landowner.
B. The amount of the financial assurance shall be at least
equal to the estimated amount by which the cost of removing the
energy storage resource facilities from the landowner's property and
restoring the property to as near as reasonably possible the
condition of the property as of the date the agreement begins
exceeds the salvage value of the facilities, less any portion of the
value of the facilities pledged to secure outstanding debt.
C. The agreement shall provide that:
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1. The estimated cost of removing the energy storage resource
facilities from the landowner's property and restoring the property
to as near as reasonably possible the condition of the property as
of the date the agreement begins, and the estimated salvage value of
the energy storage resource facilities, shall be determined by an
independent, third-party professional engineer licensed in this
state;
2. The grantee shall deliver to the landowner an updated
estimate, prepared by an independent, third-party professional
engineer licensed in this state, of the cost of removal and the
salvage value:
a. on or before the tenth anniversary of commencement of
operations of the energy storage resource facility,
and
b. at least once every five (5) years thereafter for the
remainder of the term of the agreement; and
3. The grantee is responsible for ensuring that the amount of
the financial assurance remains sufficient to cover the amount
required by subsection B of this section, consistent with the
estimates required by this subsection.
D. The grantee is responsible for the costs of obtaining
financial assurance described by this section and costs of
determining the estimated removal costs and salvage value.
E. The agreement shall provide that, if the grantee fails to
fulfill the scope of decommissioning and removal work specified in
the agreement, the grantee shall deliver the financial assurance not
later than the earlier of:
1. The date the energy storage resource agreement is
terminated; or
2. The twentieth anniversary of the commencement of operations
of the energy storage resources located on the landowner's property,
unless the term of the agreement is extended.
F. The grantee may not cancel financial assurance before the
date the grantee has completed the grantee's obligation to remove
the grantee's energy storage resource facilities located on the
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landowner's property in the manner provided by this act, unless the
grantee provides the landowner with replacement financial assurance
at the time of or before the cancellation. In the event of a
transfer of ownership of the grantee's energy storage resource
facilities, the financial security provided by the grantee shall
remain in place until the date evidence of replacement financial
security meeting the requirements of this act is provided to the
landowner by the transferee.
G. The provisions of this section shall only apply to energy
storage resource agreements executed after the effective date of
this act and shall have no effect on existing agreements.
SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 180.20 of Title 17, unless there
is created a duplication in numbering, reads as follows:
A. A provision of an energy storage resource agreement executed
after the effective date of the Oklahoma Energy Storage Resource
Safety Act that purports to waive a right or exempt a grantee from a
liability or duty established under the Oklahoma Energy Storage
Resource Safety Act is void and unenforceable, but the remainder of
the agreement shall remain enforceable.
B. A resource owner shall comply with the decommissioning
obligations set forth in the Oklahoma Energy Storage Resource Safety
Act. A landowner subject to an energy storage resource agreement is
expressly authorized to bring an action in district court for
injunctive relief to enforce compliance with this act.
C. The provisions of this section are not exclusive. The
remedies provided in this section are in addition to any other
procedures or remedies provided by other law. Failure to comply
with the Oklahoma Energy Storage Resource Safety Act does not impair
the validity or enforceability of any lease, easement, mortgage,
deed of trust, or other interest in real property.
SECTION 8. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 180.21 of Title 17, unless there
is created a duplication in numbering, reads as follows:
A. For energy storage resource facilities located in areas
where no recognized local authority having jurisdiction exists, and
where, as a result, any component of an energy storage resource
facility or the energy storage resource facility itself is subject
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to inspections, plan reviews, or permits from the Office of the
Oklahoma State Fire Marshal, as provided in the codes adopted by the
Oklahoma Uniform Building Code Commission, the State Fire Marshal
Commission may establish a fee rate of no more than six cents
($0.06) per square foot of surface physically occupied aboveground
by energy storage resource facility infrastructure. Such fee shall
be inclusive of all inspections, plan reviews, permit issuance, and
other review actions undertaken by the Office of the Oklahoma State
Fire Marshal in connection with the project, and the total fee shall
not exceed Five Hundred Thousand Dollars ($500,000.00) for any
individual energy storage resource facility. Nothing in this
section shall be construed to authorize the collection of fees
beyond said amount, except as otherwise provided by law. Where a
recognized local authority having jurisdiction exists, such local
authority is subject to the same fee limitations as the Office of
the Oklahoma State Fire Marshal established in this subsection.
B. Any fees collected pursuant to subsection A of this section
shall be distributed as follows:
1. Seventy-five percent (75%) of such fees shall be
distributed to the local fire department providing primary fire
protection services to the jurisdiction where the facility is
located, within sixty (60) days of receipt. Funds distributed under
this paragraph shall be used solely for fire protection, fire
prevention, inspections, training, or emergency response activities
related to the facility; and
2. Twenty-five percent (25%) of such fees shall be distributed
to the permit issuing authority, whether the Office of the Oklahoma
State Fire Marshal or a recognized local authority having
jurisdiction, if delegated.
C. For purposes of this section, "recognized local authority
having jurisdiction" means a city, town, college, county, or fire
protection district that has been recognized by the Office of the
Oklahoma State Fire Marshal as the authority having jurisdiction for
permits, inspections, and enforcement under the adopted codes.
D. The Office of the Oklahoma State Fire Marshal or a local
authority having jurisdiction, where applicable, shall complete any
review subject to subsection A of this section as soon as
practicable, and in no event later than thirty (30) calendar days
following receipt of complete site plans. In the event the Office
of the Oklahoma State Fire Marshal does not complete its review
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within thirty (30) calendar days, any applicable permits and
certificates shall be deemed issued.
E. The State Fire Marshal Commission shall adopt rules as
necessary to implement the provisions of this section, pursuant to
Section 324.9 of Title 74 of the Oklahoma Statutes, including, but
not limited to, fee collection and distributions.
SECTION 9. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 160.24 of Title 17, unless there
is created a duplication in numbering, reads as follows:
A. To the extent required by law, for wind energy facilities
located in areas where no recognized local authority having
jurisdiction exists, and where, as a result, any component of a wind
energy facility or the wind energy facility itself is subject to
inspections, plan reviews, or permits from the Office of the
Oklahoma State Fire Marshal, as provided in the codes adopted by the
Oklahoma Uniform Building Code Commission, the State Fire Marshal
Commission may establish a fee rate of no more than six cents
($0.06) per square foot of surface physically occupied aboveground
by wind energy facility's occupiable operations and maintenance
buildings. Such fee shall be inclusive of all inspections, plan
reviews, permit issuance, and other review actions undertaken by the
Office of the Oklahoma State Fire Marshal in connection with the
project, and the total fee shall not exceed Five Hundred Thousand
Dollars ($500,000.00) for any individual wind energy facility.
Nothing in this section shall be construed to authorize the
collection of fees beyond said amount, except as otherwise provided
by law. Where a recognized local authority having jurisdiction
exists, such local authority is subject to the same fee limitations
as the Office of the Oklahoma State Fire Marshal established in this
subsection.
B. Any fees collected pursuant to subsection A of this section
shall be distributed as follows:
1. Seventy-five percent (75%) of such fees shall be distributed
to the local fire department providing primary fire protection
services to the jurisdiction where the facility is located, within
sixty (60) days of receipt. Funds distributed under this paragraph
shall be used solely for fire protection, fire prevention,
inspections, training, or emergency response activities related to
the facility; and
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2. Twenty-five percent (25%) of such fees shall be distributed
to the permit issuing authority, whether the Office of the Oklahoma
State Fire Marshal or a recognized local authority having
jurisdiction, if delegated.
C. For purposes of this section, "recognized local authority
having jurisdiction" means a city, town, college, county, or fire
protection district that has been recognized by the Office of the
Oklahoma State Fire Marshal as the authority having jurisdiction for
permits, inspections, and enforcement under the adopted codes.
D. The Office of the Oklahoma State Fire Marshal or a local
authority having jurisdiction, where applicable, shall complete any
review subject to subsection A of this section as soon as
practicable, but in no event later than thirty (30) calendar days
following receipt of complete site plans. In the event the Office
of the Oklahoma State Fire Marshal does not complete its review
within thirty (30) calendar days, any applicable permits and
certificates shall be deemed issued.
E. The State Fire Marshal Commission shall adopt rules as
necessary to implement the provisions of this section, pursuant to
Section 324.9 of Title 74 of the Oklahoma Statutes, including, but
not limited to, fee collection and distributions.
F. If the Office of the Oklahoma State Fire Marshal delegates
any site plan review, permitting, or similar authority over a wind
energy facility to a recognized local authority having jurisdiction,
fees and timing shall continue to conform to the subsections of this
section.
G. The provisions of this section shall not apply to any
facilities that commenced construction before the effective date of
this act, including any subsequent maintenance, repairs,
modifications, or other work on, or repower of, existing facilities.
SECTION 10. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 809 of Title 17, unless there is
created a duplication in numbering, reads as follows:
Sections 10 through 20 of this act shall be known and may be
cited as the "Oklahoma Solar Energy Development Act".
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SECTION 11. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 809.1 of Title 17, unless there
is created a duplication in numbering, reads as follows:
The Legislature finds that the prudent development of solar
energy resources requires assurances that the rights of private
landowners should be protected, that such landowners have access to
adequate information to verify the accuracy of their payments, among
other protections, and that public and mineral interest operators
receive sufficient notice of planned developments.
SECTION 12. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 809.2 of Title 17, unless there
is created a duplication in numbering, reads as follows:
As used in the Oklahoma Solar Energy Development Act:
1. "Commencement of construction" means the date on which the
owner or developer of a solar energy facility installs a post or
posts into the ground for panel or inverter foundations. The term
shall not include environmental assessments, surveys, preliminary
engineering, site preparation, or other activities associated with
assessment of development of the solar resources on a given parcel
of property;
2. "Facility" means a solar energy facility;
3. "Owner" means the entity having a majority equity interest
in a solar energy facility, including its respective successors and
assigns;
4. "Racking system" means the permanent structural framework,
including foundations, piles, mounts, or tracking equipment that is
designed to support, anchor, and orient photovoltaic modules or
related solar-energy-producing equipment at a solar energy facility
and that is integral to the facility's ability to generate
electricity;
5. "Solar energy facility" means an electric-generating
facility using photovoltaic or solar-thermal technologies with a
nameplate capacity greater than one (1) megawatt alternating current
(AC), designed to deliver energy to the electric grid and not
primarily to on-site load, unless otherwise specified by state law;
and
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6. "Working interest" means the interest in a well or the
interest in a unit created by order of the Corporation Commission
that entitles the oil and gas lessee, or the lessee’s successor or
assign, to drill for and produce oil and gas.
SECTION 13. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 809.3 of Title 17, unless there
is created a duplication in numbering, reads as follows:
For landowners who are paid based on the amount of electrical
energy produced from the conversion of solar energy, the owner of
any solar energy facility shall provide a statement within ten (10)
business days of the payment to the landowner in consideration for
the use of the property of the landowner to generate electrical
energy. The statement shall provide, at a minimum, information
reasonably necessary to assist the landowner in understanding the
basis for the payment to the landowner and a means of confirming its
accuracy.
SECTION 14. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 809.4 of Title 17, unless there
is created a duplication in numbering, reads as follows:
A. Any landowner who has, through a lease, easement, or other
arrangement, allowed a solar energy facility foundation or racking
system to be placed on the property of the landowner and who is paid
based on the amount of electrical energy produced from the
conversion of solar energy shall have the right to inspect the
records of the owner of the solar energy facility for the purpose of
confirming the accuracy of any payments made to the landowner within
the past twenty-four (24) months.
B. The owner of any solar energy facility, any portion of which
is located in this state, upon request of a landowner with the right
to inspect records as set forth in subsection A of this section,
shall make available, within a reasonable time, all records,
documents, data, and other information, or copies thereof, as are
necessary for a landowner to conduct the inspection specified in
subsection A of this section. The records shall be made available
within the confines of this state and in a location and manner that
affords a landowner reasonable access to the records during normal
business hours. The landowner shall be permitted one request per
calendar year and be afforded a reasonable length of time to
complete the inspection but shall not cause undue disruption to the
operations of the owner during the inspection. The records shall be
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subject to the confidentiality requirements contained in the
respective landowner lease agreement.
SECTION 15. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 809.5 of Title 17, unless there
is created a duplication in numbering, reads as follows:
A. The owner of any solar energy facility shall report to the
Oklahoma Corporation Commission the electrical energy generated by
the solar energy facility, the nameplate capacity of the solar
energy facility, and the location of the solar energy facility.
B. If a solar energy facility contains generating units with
different nameplate capacities, the information required in
subsection A of this section shall be reported separately for each
nameplate capacity.
C. The information required by this section shall be reported
on an annual basis, with the information due not later than March 1
of each calendar year.
SECTION 16. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 809.6 of Title 17, unless there
is created a duplication in numbering, reads as follows:
A. Prior to commencing construction of a solar energy facility,
the owner of the solar energy facility shall obtain and keep in
effect either:
1. A commercial general liability insurance policy with
coverage limits consistent with prevailing industry standards; or
2. A combination of self-insurance and excess liability
insurance.
B. The owner shall cause the owner of the land on which the
solar energy facility is located to be named as an additional
insured under the policy.
C. The owner shall deliver to the landowner a certificate of
insurance evidencing the policy. The landowner shall be given not
less than thirty (30) days prior written notice of any material
modification, cancellation, or termination of the insurance policy.
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SECTION 17. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 809.7 of Title 17, unless there
is created a duplication in numbering, reads as follows:
A. The owner of a solar energy facility shall submit a
notification of intent to build a facility to the Oklahoma
Corporation Commission at least six (6) months before the
commencement of construction, as defined in Section 12 of this act.
The Corporation Commission shall prescribe the form and submittal
requirements of the notification; provided, the information required
on the notification form shall include a description of the
facility, the nameplate capacity, the general location of the
facility, and a map of the project boundary.
The owner of the solar energy facility shall send copies of the
notification to the board of county commissioners of every county in
which all or a portion of the solar energy facility is to be located
within twenty-four (24) hours of filing said notification with the
Corporation Commission. If all or a portion of the solar energy
facility is to be located within the incorporated area of a
municipality, a copy of the notification shall also be sent to the
governing body of the municipality within twenty-four (24) hours of
filing said notification with the Corporation Commission.
B. Within six (6) months of submitting the notification to the
Corporation Commission as provided for in subsection A of this
section, the owner of the solar energy facility shall cause a copy
of the notification to be published in a newspaper of general
circulation in the county or counties in which all or a portion of
the solar energy facility is to be located. Proof of publication
shall be submitted to the Corporation Commission.
C. Within six (6) months of submitting the notification to the
Corporation Commission as provided in subsection A of this section,
the owner of the solar energy facility shall cause a copy of the
notification to be sent, by certified mail, to:
1. Any operator, as reflected in the records of the Corporation
Commission, conducting oil and gas operations upon all or any part
of the surface estate on which the solar energy developer intends to
construct the solar energy facility;
2. Any operator, as reflected in the records of the Corporation
Commission, of an unspaced unit or a unit created by order of the
Corporation Commission, conducting oil and gas operations for a unit
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where all or any part of the unit area is within the geographical
boundaries of the surface estate on which the solar energy developer
intends to construct the solar energy facility;
3. All lessees of oil and gas leases covering the mineral
estate underlying any part of the tracts of land that are filed of
record with the county clerk in the county where the tracts are
located and whose primary term has not expired. This paragraph
shall apply to tracts of land not described in paragraphs 1 and 2 of
this subsection on which the solar energy developer intends to
construct a solar energy facility;
4. Any owner of a working interest arising from an oil and gas
lease, as reflected in the records of the Corporation Commission, of
a unit created by order of the Corporation Commission, where all or
any part of the unit area is within the geographical boundaries of
the surface estate on which the solar energy developer intends to
construct the solar energy facility; and
5. Any operator of a well permitted by the Corporation
Commission for injection or disposal purposes, as reflected in the
records of the Corporation Commission, where such well is located
within the geographical boundaries of the surface estate on which
the solar energy developer intends to construct the solar energy
facility.
If the solar energy developer makes a search with reasonable
diligence and the whereabouts of a party entitled to notice cannot
be ascertained or the notice cannot be delivered, an affidavit
attesting to such diligent search shall be submitted to the
Corporation Commission.
D. Within sixty (60) days of publication of the notification in
a newspaper of general circulation as provided for in subsection B
of this section, the owner of the solar energy facility shall hold a
public meeting. Notice of the public meeting shall be published in
a newspaper of general circulation and submitted to the board of
county commissioners in the county or counties in which all or a
portion of the solar energy facility is to be located. The notice
shall contain the place, date, and time of the public meeting.
Proof of publication of the notice shall be submitted to the
Corporation Commission. The public meeting shall be held in the
county or in one of the counties in which all or a portion of the
solar energy facility is to be located.
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E. With regard to the surface estate upon which the owner of a
solar energy facility intends to construct the facility, at least
sixty (60) days before entering upon the surface estate for the
purpose of commencement of construction, the owner shall provide
written notice, by certified mail, of its intent to construct the
solar energy facility to the parties described in subsection C of
this section.
The notice shall contain a map or plat of the proposed location,
with sufficient specificity to identify the solar energy facility to
be located on the governmental section and the approximate date
construction is proposed to commence. If the solar energy developer
makes a search with reasonable diligence and the whereabouts of a
party entitled to notice cannot be ascertained or the notice cannot
be delivered, an affidavit attesting to such diligent search shall
be submitted to the Corporation Commission. Within thirty (30) days
of receiving such notice, any party described in subsection C of
this section shall reciprocate, in writing by certified mail, the
relevant site, operational, and infrastructure information
sufficient to assist with the safe construction and operation of the
solar energy facility. This information shall include American Land
Title Association surveys, if available, and technical
specifications for existing subsurface or surface improvements.
Any information provided by an oil and gas operator or solar
energy developer pursuant to this subsection shall be confidential
and proprietary. The parties shall:
1. Use such information solely for the purposes of this
section;
2. Not disclose such information to any third party without the
prior written consent of the disclosing party, except as required by
law or order of a court of competent jurisdiction or the Corporation
Commission; and
3. Upon written request of the disclosing party, return or
destroy all such information and certify the same in writing.
The confidentiality obligations of this subsection shall not be
limited by or contingent upon the terms of any landowner lease
agreement or surface use agreement. Violation of this provision
shall constitute grounds for the Corporation Commission to suspend
or revoke a permit issued under this act, in addition to any other
remedies available at law or in equity.
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F. The owner of a solar energy facility shall not commence
construction on the facility until the notification and public
meeting requirements of this section have been satisfied. Upon the
commencement of the sixty-day notice required under subsection E of
this section, the owner shall notify the Corporation Commission that
such notice has commenced and shall include an affirmation that all
other notices and notifications required by this section have been
properly provided.
If an owner of a solar energy facility fails to submit any
information required by this section, the owner shall be subject to
an administrative penalty not to exceed One Thousand Five Hundred
Dollars ($1,500.00) per day, per violation, as provided by law.
G. The provisions of this section shall only apply to
facilities that commence construction after May 1, 2027, and shall
not apply to any facilities that commenced construction before that
date, including any subsequent maintenance, repairs, modifications,
or other work on existing facilities.
SECTION 18. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 809.8 of Title 17, unless there
is created a duplication in numbering, reads as follows:
A. When applicable, a solar energy developer shall submit site
plans and fees for any new solar energy facility to the Office of
the Oklahoma State Fire Marshal for review. Such site plans shall
be submitted when the solar energy facility is sixty percent (60%)
complete in design development. The site plans shall include an
accurate representation of:
1. Photovoltaic modules;
2. Inverters;
3. Monitoring and control equipment;
4. Substations;
5. Collection lines;
6. Access roads;
7. Temporary construction areas;
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8. Operation and maintenance facilities; and
9. Other relevant supporting infrastructure.
B. Review by the Office of the Oklahoma State Fire Marshal
shall be limited to compliance with applicable fire and building
safety codes, including:
1. The Oklahoma-adopted International Building Code, as
codified at OAC 748:20-2-1; and
2. The 2018 Edition of the International Fire Code, as codified
at OAC 748:20-4-1.
C. The Office of the Oklahoma State Fire Marshal or local
authority having jurisdiction, where applicable, shall complete any
review subject to this section as soon as practicable, but in no
event later than thirty (30) calendar days following receipt of
complete site plans and fees. In the event the Office of the
Oklahoma State Fire Marshal or local authority having jurisdiction
does not complete its review within thirty (30) calendar days, any
applicable permits and certificates shall be deemed issued.
D. During the pendency of the review by the Office of the
Oklahoma State Fire Marshal, the following on-site activities may
proceed:
1. Timbering, clearing, and grubbing vegetation;
2. Civil grading and earthwork;
3. Installation of stormwater pollution prevention measures and
best management practices;
4. Installation of laydown areas and substation concrete
foundation pads, including rough grading and gravel;
5. Installation of racking systems, inverters, photovoltaic
modules, low-voltage collection systems, and above-ground
transmission poles;
6. Public road improvements, entrance installations, and
service road construction;
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7. Placement of construction trailers with temporary power,
fiber connections, and portable sanitation facilities;
8. Sub-grade open trenching;
9. Installation of on-grade concrete foundations; and
10. Installation of structural columns and beams.
E. The Office of the Oklahoma State Fire Marshal may assess a
plan review fee at a rate of six cents ($0.06) per square foot of
actual erected solar facilities, provided that the total fee shall
not exceed Five Hundred Thousand Dollars ($500,000.00) for any
single solar energy facility. The amount of such fee shall have a
reasonable connection to the work actually performed by the Office
of the Oklahoma State Fire Marshal.
F. Of the fees collected pursuant to this section:
1. Seventy-five percent (75%) shall be distributed to the local
fire department providing primary fire protection services to the
jurisdiction where the facility is located, within sixty (60) days
of receipt. Funds distributed pursuant to this paragraph shall be
used solely for fire protection, fire prevention, inspections,
training, or emergency response activities related to the facility;
and
2. Twenty-five percent (25%) shall be distributed to the permit
issuing authority, whether the Office of the Oklahoma State Fire
Marshal or a recognized local authority having jurisdiction, if
delegated.
G. If the Office of the Oklahoma State Fire Marshal delegates
any site plan review, permitting, or similar authority over a solar
energy facility to a recognized local authority having jurisdiction,
fees and timing shall continue to conform the requirements of this
section.
H. The provisions of this section shall only apply to solar
energy facilities designed to provide electricity to the grid, as
well as any utility-scale solar energy facility designed to deliver
electricity directly from a generating facility to a single end-use
customer.
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SECTION 19. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 809.9 of Title 17, unless there
is created a duplication in numbering, reads as follows:
A. In addition to complying with the provisions of this act, the
owner of a solar energy facility shall comply with the provisions of
the Commercial Solar Facility Decommissioning Act in accordance with
Section 820 et seq. of Title 17 of the Oklahoma Statutes.
B. An owner shall submit evidence of financial assurance
sufficient to secure the performance of its decommissioning
obligations in accordance with the Commercial Solar Facility
Decommissioning Act on or before the tenth year of operation of the
facility and thereafter upon request by the Commission, but at least
once every five (5) years for the life of the solar energy facility.
The amount of such financial assurance shall be calculated in
accordance with the Commercial Solar Facility Decommissioning Act,
but shall not be less than one hundred twenty-five percent (125%) of
the estimate of the total cost of decommissioning, less the salvage
value of facility equipment and any portion of the value of such
equipment pledged to secure outstanding debt.
SECTION 20. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 809.10 of Title 17, unless there
is created a duplication in numbering, reads as follows:
The Oklahoma Corporation Commission shall have authority to
promulgate rules as necessary to implement the provisions of the
Oklahoma Solar Energy Development Act and to set fees necessary to
perform the duties and responsibilities of the Commission pursuant
to the act. The Oklahoma Corporation Commission shall have
exclusive jurisdiction to enforce the provisions of this act that
are within its authority.
SECTION 21. This act shall become effective July 1, 2026.
SECTION 22. 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 25th day of March, 2026.
Presiding Officer of the House
of Representatives
Passed the Senate the 29th day of April, 2026.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________