OklahomaHB 1373Oklahoma 2026 Regular SessionHouse

Commercial solar facilities; creating the Commercial Solar Facility Decommissioning Act; defining terms; effective date.

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 1 benefits, 0 costs, 2 mixed.

Landowners gain enforceable solar cleanup rights

Beginning November 1, 2025, covered Oklahoma solar contracts cannot waive rights or excuse operators from legal duties or liability. Any contract term that attempts this is void. People harmed by violations are entitled to an appropriate court order preventing further violations. This protection adds to remedies available under other laws.

Solar operators must restore leased land

Beginning November 1, 2025, Oklahoma requires covered solar leases to make operators responsible for safe equipment removal and land restoration. The law covers non-utility operators leasing private land, and only facilities that qualify as generation assets. Covered facilities include solar devices and related equipment, storage, lines, and roads; utility-owned equipment is excluded. Operators must remove their solar devices, transformers, substations, and overhead power or communications lines. Foundations and buried cables must be removed at least 3 feet below ground, with holes filled using matching or similar soil. Landowners can request removal of roads the operator built. When reasonable, they can also request removal of rocks over 12 inches, return to tillable condition, and restoration near the land's prior condition. Reseeding uses agency-prescribed native grasses when feasible, or noninvasive grasses when native reseeding is not economically feasible. Requests are due within 180 days after the later of commercial generation ending or receipt of written decommissioning notice.

Solar operators must secure cleanup funds

Beginning November 1, 2025, covered Oklahoma solar leases must require financial guarantees for equipment removal and land restoration. Operators pay for the guarantees and cost estimates, protecting landowners from uncovered cleanup costs. Guarantees must be acceptable to the landowner, such as letters of credit, bonds, or an investment-grade parent-company guarantee. The minimum amount covers estimated costs above salvage value, accounting for facility value pledged to outstanding debt. An independent professional engineer licensed in Oklahoma must estimate costs and salvage value. Updated estimates are due by the 10th anniversary of commercial operations and at least every 5 years afterward. Operators must keep the guarantee amount sufficient as estimates change. The guarantee is due by lease termination or the 20th anniversary of commercial operations, whichever comes first. These anniversaries start when a regional transmission organization approves market participation, not during earlier testing or maintenance. Operators cannot cancel the guarantee before cleanup is complete unless compliant replacement coverage is provided at or before cancellation. After ownership changes, existing security stays until the landowner receives evidence of a compliant replacement.

Sponsors & Cosponsors

Sponsor

Brad Boles
Republican • House

Cosponsors

Denise Crosswhite Hader
Republican • House
Grant Green
Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 170 • No: 0

Senate vote • 4/28/2025

THIRD READING

Yes: 44 • No: 0

Senate vote • 4/17/2025

Committee vote: Energy

Yes: 11 • No: 0

House vote • 3/3/2025

THIRD READING

Yes: 94 • No: 0

House vote • 2/26/2025

DO PASS

Yes: 14 • No: 0

House vote • 2/12/2025