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Oklahoma Legislature· HB 4194Referred to Government Modernization and Technology

An act relating to data centers, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1                            STATE OF OKLAHOMA

2   2nd Session of the 60th Legislature (2026)

3 HOUSE BILL 4194            By: Chapman

4

5

6                            AS INTRODUCED

7   An Act relating to data centers; creating the Data

    Center Decommissioning Act; providing a definition of

8   data center; establishing that owners of a data

    center shall be responsible for proper

9   decommissioning; clarifying it shall not be the

    responsibility of the state or any political

10  subdivision to cover costs associated with

    decommissioning; providing proper decommissioning

11  requirements; requiring that decommissioning shall be

    completed within twelve months; permitting the

12  Oklahoma Corporation Commission to take necessary

    action to complete decommissioning; requiring owners

13  of data centers to provide financial assurance;

    permitting contracts between a landowner and data

14  center to include more restrictive decommissioning

    requirements; granting the Corporation Commission

15  rule-making authority; providing for codification;

    and providing an effective date.

16

17

18 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

19  SECTION 1.      NEW LAW  A new section of law to be codified

20 in the Oklahoma Statutes as Section 821 of Title 17, unless there is

21 created a duplication in numbering, reads as follows:

22  This act shall be known and may be cited as the "Data Center

23 Decommissioning Act".

24

    Req. No. 15518                                         Page 1
1   SECTION 2.      NEW LAW  A new section of law to be codified

2 in the Oklahoma Statutes as Section 821.1 of Title 17, unless there

3 is created a duplication in numbering, reads as follows:

4   As used in this act, the term "data center" shall mean a

5 facility that is designed to have a load of one hundred (100)

6 megawatts or more and whose primary purpose is the storage,

7 management, and processing of digital data via the interconnection

8 and operation of information technology and network

9 telecommunications equipment, including all related facilities and

10 infrastructure for backup electricity generation, power

11 distribution, environmental control, cooling, and security.

12  SECTION 3.      NEW LAW  A new section of law to be codified

13 in the Oklahoma Statutes as Section 821.2 of Title 17, unless there

14 is created a duplication in numbering, reads as follows:

15  The owner of a data center shall be responsible, at its sole

16 expense, for the proper decommissioning of the data center upon

17 abandonment, permanent cessation of operations, bankruptcy,

18 insolvency, economic infeasibility, destruction by natural disaster,

19 or the end of the useful life of the data center or its equipment.

20 Neither the State of Oklahoma nor any political subdivision thereof

21 shall be responsible for any costs associated with decommissioning,

22 remediation, site restoration, or environmental cleanup of a data

23 center.

24

    Req. No. 15518                                                  Page 2
1   SECTION 4.      NEW LAW  A new section of law to be codified

2 in the Oklahoma Statutes as Section 821.3 of Title 17, unless there

3 is created a duplication in numbering, reads as follows:

4   A. Proper decommissioning of a data center shall include:

5   1. Removal of all buildings, structures, electrical

6 substations, backup generators, fuel storage tanks, cabling,

7 conduit, power distribution systems, cooling equipment,

8 telecommunications equipment, foundations, concrete pads, and all

9 other associated facilities and infrastructure to a minimum depth of

10 thirty (30) inches below grade;

11  2. Removal and lawful disposal of all hazardous materials,

12 fuels, coolants, batteries, and electronic waste in compliance with

13 state and federal law;

14  3. Grading, reseeding, and restoration of all disturbed land to

15 substantially the same physical condition that existed prior to the

16 construction of the data center, excluding roads, unless the

17 landowner specifically requests in writing that roads be removed and

18 the land restored; and

19  4. Implementation of all environmental remediation necessary to

20 eliminate contamination or pollution caused by data center

21 operations.

22  B. 1. Decommissioning shall be completed by the owner within

23 twelve (12) months after abandonment, closure, destruction, or

24 permanent cessation of operations.

    Req. No. 15518                                                 Page 3
1   2. If the owner fails to complete decommissioning within the

2 required period, the Oklahoma Corporation Commission may take any

3 action necessary to complete decommissioning, and the owner shall

4 remain fully liable for all costs incurred.

5   SECTION 5.      NEW LAW        A new section of law to be codified

6 in the Oklahoma Statutes as Section 821.4 of Title 17, unless there

7 is created a duplication in numbering, reads as follows:

8   A. Prior to commencing construction of any new data center in

9 the State of Oklahoma, the owner of a data center shall provide

10 financial assurance in a form acceptable to the Oklahoma Corporation

11 Commission, which may include:

12  1. Surety bond;

13  2. Irrevocable letter of credit;

14  3. Cash escrow; or

15  4. Other form approved by the Corporation Commission.

16  B. The financial assurance shall be in an amount sufficient to

17 cover the full cost of decommissioning, environmental remediation,

18 and site restoration.

19  C. Financial assurance shall be maintained for the life of the

20 data center and shall not be canceled, reduced, or allowed to lapse

21 without prior approval of the Commission.

22  D. Financial assurance required by this section shall:

23  1. Be noncancelable and nonrevocable in the event of bankruptcy

24 or insolvency;

    Req. No. 15518                                                 Page 4
1   2. Be payable directly to the State of Oklahoma for the sole

2 purpose of completing decommissioning and remediation; and

3   3. Not be subject to claims of the owner's creditors or

4 bankruptcy estate.

5   SECTION 6.        NEW LAW   A new section of law to be codified

6 in the Oklahoma Statutes as Section 821.5 of Title 17, unless there

7 is created a duplication in numbering, reads as follows:

8   A lease, development agreement, or other contract between a

9 landowner and a data center owner may include decommissioning,

10 bonding, or remediation provisions that are more restrictive than

11 those required by this act.

12  SECTION 7.        NEW LAW   A new section of law to be codified

13 in the Oklahoma Statutes as Section 821.6 of Title 17, unless there

14 is created a duplication in numbering, reads as follows:

15  The Oklahoma Corporation Commission shall have rule-making

16 authority to carry out this act.

17  SECTION 8. This act shall become effective November 1, 2026.

18

19  60-2-15518        MJ       01/03/26

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    Req. No. 15518                                                Page 5
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