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
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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.
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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".
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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.
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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.
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19 60-2-15518 MJ 01/03/26
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Req. No. 15518 Page 5Every fact on this page links to its source, starting with the official bill record.