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SENATE FLOOR VERSION
February 26, 2026
COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 1510 By: Hamilton
[ energy - property restoration - financial assurance
- effective date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 17 O.S. 2021, 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 decommissioning 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, buildings, cabling,
electrical components, foundations, and any other associated
facilities, to a depth of thirty (30) inches below grade that
restores the property to, as near as reasonably possible, the
condition of the property prior to the establishment of the wind
energy facility; and
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2. Disturbed earth being graded and reseeded or otherwise
restored to substantially the same physical condition as existed
prior to the construction of the wind energy facility by the owner,
excluding roads, unless the landowner 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. If the owner of the wind energy facility fails to complete
the decommissioning within the period prescribed in paragraph 1 of
this subsection, the Corporation Commission shall take such measures
as are necessary to complete the decommissioning.
D. A lease or other agreement between 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. AMENDATORY 17 O.S. 2021, Section 160.15, is
amended to read as follows:
Section 160.15. A. The owner of a wind energy facility shall
submit to the Corporation Commission evidence of financial security
to cover the anticipated costs of decommissioning the wind energy
facility. For a wind energy facility or portion thereof which
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reaches the commercial generation date prior to December 31, 2016,
the evidence of financial security shall be submitted after the
fifteenth year of operation of the facility. For a wind energy
facility or portion thereof which reaches the commercial generation
date on or after December 31, 2016, the evidence of financial
security shall be submitted by the fifth year of operation of the
facility. Evidence of financial security may shall 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 Commission underwritten by surety companies listed as
certified insurers acceptable as sureties and reinsurers on federal
bonds as published in the Federal Register, Treasury Circular 570,
latest revision.
B. 1. For a wind energy facility which reaches the commercial
generation date prior to December 31, 2016, the evidence of
financial security shall be accompanied by an estimate of the total
cost of decommissioning, minus the salvage value of the equipment,
prepared by a professional engineer licensed in this state. The
amount of the evidence of financial security shall be either:
a. the estimate of the total cost of decommissioning
minus the salvage value of the equipment which shall
be submitted to the Commission in the fifteenth year
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of the project and every tenth year thereafter for the
life of the wind energy facility, or
b. one hundred twenty-five percent (125%) of the estimate
of the total cost of decommissioning which shall be
submitted to the Commission in the fifteenth year of
the project.
2. For a wind energy facility which reaches the commercial
generation date on or after December 31, 2016, the evidence of
financial security shall be accompanied by an estimate of the total
cost of decommissioning and an estimate of the salvage value of the
equipment prepared by a professional engineer licensed in this
state. The amount of the evidence of financial security shall be
one hundred twenty-five percent (125%) of the estimate of the total
cost of decommissioning, minus the salvage value of the equipment,
which shall be submitted to the Commission by the fifth year after
reaching the commercial generation date and thereafter upon request
by the Commission.
C. If the owner of a wind energy facility fails to submit the
information with the Commission as is 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.
D. In the event of a transfer of ownership of a wind energy
facility, the evidence of financial security posted by the
transferor shall remain in place and shall not be released until
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such time as evidence of financial security meeting the requirements
of this section is posted by the new owner of the wind energy
facility and deemed acceptable by the Commission.
E. The provisions of this section shall apply to any wind
energy facility or portion thereof entering into or renewing a power
purchase agreement (PPA) for the energy generated by the wind energy
facility on or after January 1, 2011. If a wind energy facility
does not sell its energy under a power purchase agreement, the
provisions of this section shall apply to the wind energy facility
or portion thereof which construction commences on or after January
1, 2011.
SECTION 3. AMENDATORY Section 6, Chapter 25, O.S.L. 2025
(17 O.S. Supp. 2025, Section 820.5), is amended to read as follows:
Section 820.5. A. A solar power facility agreement 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 solar power facilities located on the
landowner’s property as described by Section 5 of this act 820.4 of
this title. Acceptable forms Evidence 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 shall be
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in the form of a surety bond underwritten by surety companies listed
as certified insurers acceptable as sureties and reinsurers on
federal bonds as published in the Federal Register, Treasury
Circular 570, latest revision.
B. The amount of the financial assurance must shall be at
either:
1. At least equal to the estimated amount by which the cost of
removing the solar power 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 solar power facilities, less any
portion of the value of the solar power facilities pledged to secure
outstanding debt; or
2. One hundred twenty-five percent (125%) of the estimate of
the total cost of decommissioning.
C. The agreement shall provide that:
1. The estimated cost of removing the solar power 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 solar
power facilities must 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
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engineer licensed in this state, of the cost of removal and the
salvage value:
a. on or before the tenth anniversary of the commercial
operations date of the solar power facilities, and
b. at least once every five (5) years after the
commercial operations date of the solar power
facilities 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 must shall provide that the grantee shall
deliver the financial assurance not later than the earlier of:
1. The date the solar power facility agreement is terminated;
or
2. The twentieth anniversary of the commercial operations date
of the solar power facilities located on the landowner’s leased
property.
F. For purposes of this section, “commercial operations date”
means the date on which the solar power facilities are approved for
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participation in market operations by a regional transmission
organization and does not include the generation of electrical
energy or other operations conducted before that date for purposes
of maintenance and testing.
G. The grantee may not cancel financial assurance before the
date the grantee has completed the grantee’s obligation to remove
the grantee’s solar power facilities located on the landowner’s
property in the manner provided by this act the Commercial Solar
Facility Decommissioning 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 solar power facilities, the financial security
provided by the grantee shall remain in place until the date
evidence of financial security meeting the requirements of this act
the Commercial Solar Facility Decommissioning Act is provided to the
landowner.
SECTION 4. This act shall become effective November 1, 2026.
COMMITTEE REPORT BY: COMMITTEE ON ENERGY
February 26, 2026 - DO PASS AS AMENDED BY CS