(a) Before construction of a commercial renewable energy facility on agricultural land, the commercial renewable energy facility owner shall enter into an agricultural impact remediation agreement with the respective landowner.
(b) The agricultural impact remediation agreement required under subsection (a) of this section shall:(1) Outline construction and deconstruction standards to ensure the restoration of the agricultural land upon the conclusion of the commercial renewable energy facility;(2) (A) Be completed with a copy provided to the Department of Agriculture no less than forty-five (45) days before the full notice to proceed under the construction contract for the commercial renewable energy facility.(B) An agricultural remediation agreement in the custody of the department under subdivision (b)(2)(A) of this section is not a public record and is exempt from examination or disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq.;(3) Be binding on a subsequent commercial renewable energy facility owner or landowner; and(4) Provide the landowner with a comprehensive deconstruction plan that includes adequate proof of financial mechanisms and assurances.
(1) Outline construction and deconstruction standards to ensure the restoration of the agricultural land upon the conclusion of the commercial renewable energy facility;
(2) (A) Be completed with a copy provided to the Department of Agriculture no less than forty-five (45) days before the full notice to proceed under the construction contract for the commercial renewable energy facility.(B) An agricultural remediation agreement in the custody of the department under subdivision (b)(2)(A) of this section is not a public record and is exempt from examination or disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq.;
(A) Be completed with a copy provided to the Department of Agriculture no less than forty-five (45) days before the full notice to proceed under the construction contract for the commercial renewable energy facility.
(B) An agricultural remediation agreement in the custody of the department under subdivision (b)(2)(A) of this section is not a public record and is exempt from examination or disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq.;
(3) Be binding on a subsequent commercial renewable energy facility owner or landowner; and
(4) Provide the landowner with a comprehensive deconstruction plan that includes adequate proof of financial mechanisms and assurances.
(c) The terms and conditions of the agricultural impact remediation agreement required under this section may be modified by an underlying agreement between the landowner and the commercial renewable energy facility owner.
(d) This subchapter or a term in an agricultural impact remediation agreement shall not be construed to apply to or otherwise impair an underlying agreement for a commercial renewable energy facility entered into before August 5, 2025.
(e) This subchapter shall not apply when the commercial renewable energy facility owner is also the landowner.