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
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2 2nd Session of the 60th Legislature (2026)
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3 SENATE BILL 2173 By: Boren
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6 AS INTRODUCED
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7 An Act relating to agriculture; creating the
7 Landowner Energy Negotiation, Agricultural
8 Preservation, and Orphaned Well Mitigation Education
8 Act of 2026; providing short title; stating
9 legislative findings; defining terms; creating the
9 Landowner Energy Negotiation, Agricultural
10 Preservation, and Orphaned Well Mitigation Education
10 Program within the Oklahoma Cooperative Extension
11 Service; prescribing duties and program purposes;
11 requiring reporting; granting rulemaking authority;
12 appropriating funds; establishing fees for renewable
12 energy land remediation and education; providing for
13 collection and distribution of fees; creating a
13 revolving fund; authorizing land stewardship credits;
14 authorizing rulemaking; providing for codification;
14 providing an effective date; and declaring an
15 emergency.
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18 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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19 SECTION 1. NEW LAW A new section of law to be codified
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20 in the Oklahoma Statutes as Section 4200 of Title 2, unless there is
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21 created a duplication in numbering, reads as follows:
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22 A. This act shall be known and may be cited as the "Landowner
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23 Energy Negotiation, Agricultural Preservation, and Orphaned Well
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24 Mitigation Education Act of 2026".
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Req. No. 3283 Page 1
1 B. 1. The Legislature finds that landowners across this state
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2 require improved access to high-quality professional education to
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3 effectively negotiate oil, gas, wind, and solar energy agreements.
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4 2. The Legislature further finds that the rapid expansion of
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5 utility-scale wind and solar development necessitates training and
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6 technical assistance to ensure agricultural operations, including
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7 grazing, crop production, and soil conservation, may be preserved
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8 alongside energy production.
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9 3. The Legislature additionally recognizes the need for
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10 improved landowner awareness regarding environmental, safety, and
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11 financial risks posed by orphaned and abandoned oil and gas wells.
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12 4. It is the intent of the Legislature to support landowners
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13 through the Oklahoma Cooperative Extension Service by providing
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14 educational resources that promote informed negotiation, dual-use
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15 land management, agricultural preservation, the voluntary
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16 conservation and protection of soil and water resources for
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17 beneficial use, and environmental stewardship.
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18 5. The Legislature further finds that agricultural producers
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19 and rural landowners face increasing challenges related to the
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20 availability of water for beneficial use, including groundwater and
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21 surface water management, and that land use decisions associated
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22 with energy development may affect the conservation and protection
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23 of water resources.
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1 6. The Legislature recognizes that the conservation and
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2 protection of water resources for beneficial use, consistent with
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3 existing law, is essential to the long-term viability of
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4 agriculture, grazing, soil health, and rural economies, and that
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5 education and technical assistance may assist landowners in
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6 voluntarily incorporating water-protective practices into energy-
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7 related land use agreements.
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8 C. As used in this section:
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9 1. "Dual-use land management" means land management strategies
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10 that allow agricultural activities, including grazing, crop
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11 cultivation, pasture improvement, or soil conservation, to continue
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12 on land leased for or impacted by wind or solar energy
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13 infrastructure;
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14 2. "Extension Service" means the Oklahoma State University
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15 Cooperative Extension Service and Langston University Cooperative
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16 Extension Service;
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17 3. "Landowner" means the legal owner of surface rights to real
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18 property within this state;
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19 4. "Orphaned or abandoned well" means any well identified by
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20 the Corporation Commission as unplugged, unmaintained, or lacking a
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21 responsible operator; and
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22 5. "Water conservation" means voluntary practices and
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23 management strategies that promote the beneficial use of water and
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24 the conservation or protection of groundwater and surface water
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1 resources, consistent with the authority of the Oklahoma Water
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2 Resources Board and existing water rights law, including efficient
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3 water use, soil moisture retention, runoff reduction, and prevention
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4 of contamination.
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5 D. There is hereby established within the Extension Service the
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6 Landowner Energy Negotiation, Agricultural Preservation, and
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7 Orphaned Well Mitigation Education Program. The program shall
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8 provide education, training, and technical assistance to landowners
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9 related to energy development and agricultural compatibility and the
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10 voluntary conservation of soil and water resources, provided that
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11 nothing in this act shall be construed to regulate water rights,
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12 water use, or water allocation.
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13 E. The Extension Service shall administer the program and may
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14 use funds appropriated pursuant to this section for the following
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15 purposes:
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16 1. Development and delivery of professional education and
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17 training programs for landowners regarding:
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18 a. negotiation of oil and gas leases, surface use
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19 agreements, and related energy contracts,
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20 b. negotiation of wind energy leases and turbine siting
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21 agreements, including impacts on agricultural
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22 operations, access roads, drainage, and long-term land
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23 value,
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1 c. negotiation of solar energy leases, including ground
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2 cover requirements, panel spacing and height, panel
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3 technology requirements, fencing, vegetation
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4 management, and livestock-compatible or agrivoltaics
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5 system layouts,
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6 d. incorporation of agricultural preservation clauses,
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7 dual-use provisions, land restoration requirements,
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8 and decommissioning assurances into energy contracts,
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9 e. legal and financial considerations associated with
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10 energy development on privately owned agricultural
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11 land,
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12 f. evaluation of risks and obligations related to energy
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13 infrastructure on agricultural property,
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14 g. negotiation of timelines and procedures for
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15 dismantling energy-related equipment and any
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16 potentially necessary land restoration requirements,
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17 h. negotiation of clear ownership, responsibilities, and
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18 procedures for any necessary repairs of energy-related
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19 equipment during the life of the lease, and
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20 i. voluntary practices related to the conservation and
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21 protection of groundwater and surface water resources,
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22 including educational discussion of lease provisions
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23 addressing water use during construction or operation,
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24 protection of water wells regulated under state law,
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1 drainage alteration, erosion control, stormwater
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2 management, and post-construction land restoration,
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3 provided that such education does not alter, impair,
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4 or adjudicate any existing water right;
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5 2. Creation and dissemination of technical assistance
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6 materials, including model contract provisions, negotiation guides,
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7 and decision-support tools related to energy development and
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8 agricultural compatibility including informational discussion of
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9 potential water conservation considerations, provided such materials
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10 are educational in nature and do not confer regulatory authority or
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11 modify existing law;
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12 3. Conducting workshops, field demonstrations, and educational
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13 programming related to:
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14 a. agricultural co-location with wind and solar energy,
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15 including grazing under solar arrays, wind-compatible
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16 grazing systems, and soil protection during
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17 construction,
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18 b. identification, reporting, and remediation options
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19 related to orphaned and abandoned oil and gas wells,
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20 and
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21 c. voluntary soil and water conservation practices
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22 related to energy development, including soil moisture
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23 protection, runoff and drainage management, protection
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24 of water wells and recharge areas, vegetative cover
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1 systems, and drought-resilient land management
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2 practices, presented for educational purposes only;
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3 4. Supporting Extension Service personnel, including the hiring
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4 or training of specialists with expertise in renewable energy
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5 contracting, agricultural dual-use systems, energy law, soil and
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6 water conservation practices consistent with existing water law and
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7 environmental remediation; and
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8 5. Conducting outreach in rural and agricultural communities
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9 with high levels of oil, gas, wind, or solar development, or
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10 concentrations of orphaned or abandoned wells.
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11 F. In administering the program, the Extension Service shall
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12 coordinate with the Corporation Commission, county governments,
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13 agricultural producer organizations, tribal governments, and other
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14 relevant public or private stakeholders.
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15 G. On or before December 31 of each year, the Extension Service
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16 shall electronically submit a report to the President Pro Tempore of
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17 the Senate and the Speaker of the House of Representatives that
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18 includes:
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19 1. An accounting of expenditures made pursuant to this section;
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20 2. The number of landowners served;
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21 3. Outcomes related to energy negotiation literacy;
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22 4. Adoption of agricultural dual-use practices;
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23 5. Improvements in the landowner engagement related to orphaned
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24 or abandoned well reporting;
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1 6. Recommendations that shall be made publicly available on the
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2 Extension Service's website; and
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3 7. Educational outcomes related to voluntary soil and water
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4 conservation practices, including landowner participation in water-
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5 protective programming or incorporation of informational water-
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6 related considerations into energy-related land use agreements.
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7 H. The Extension Service may adopt policies and procedures to
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8 implement the provisions of this section.
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9 SECTION 2. NEW LAW A new section of law to be codified
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10 in the Oklahoma Statutes as Section 4201 of Title 2, unless there is
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11 created a duplication in numbering, reads as follows:
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12 For fiscal year 2026, there is hereby appropriated from the
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13 General Revenue Fund to the Oklahoma Cooperative Extension Service
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14 the sum of Three Million Five Hundred Thousand Dollars
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15 ($3,500,000.00) to implement the program. Monies appropriated
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16 pursuant to this section shall be used solely for the purposes
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17 specified in Section 1 of this act.
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18 SECTION 3. NEW LAW A new section of law to be codified
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19 in the Oklahoma Statutes as Section 4202 of Title 2, unless there is
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20 created a duplication in numbering, reads as follows:
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21 A. As used in this section:
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22 1. "Cooperative Extension Service" means the Oklahoma State
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23 University Cooperative Extension Service and the Langston University
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24 Cooperative Extension Service;
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1 2. "Disturbed acreage" means the total surface area within this
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2 state that is occupied or materially altered by a renewable energy
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3 project, including turbines, panels, substations, access roads,
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4 laydown areas, and related facilities; and
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5 3. "Renewable energy project" means a facility or
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6 infrastructure used for the generation or storage of electricity
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7 from renewable resources, including wind energy facilities, solar
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8 energy facilities, battery or energy storage facilities, and
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9 associated collection or transmission infrastructure.
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10 B. 1. The Corporation Commission shall levy and collect a
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11 State Renewable Energy Land Remediation and Education Fee on
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12 renewable energy projects located within this state.
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13 2. The fee shall be assessed annually and shall not exceed
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14 Twenty-five Dollars ($25.00) per acre of disturbed acreage,
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15 beginning on the date construction commences and continuing until
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16 the date of decommissioning or completion of site reclamation.
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17 3. The fee imposed by this section shall be a fee and not a
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18 tax, shall be reasonably related to land disturbance impacts, and
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19 shall not regulate the siting, permitting, or operation of renewable
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20 energy facilities.
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21 C. 1. All fees collected pursuant to this section shall be
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22 deposited in the State Treasury to the credit of a revolving fund to
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23 be designated the Renewable Energy Land Remediation and Education
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24 Fund.
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1 2. Not less than eighty percent (80%) of all monies deposited
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2 to the fund shall be distributed to the Cooperative Extension
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3 Services, and such monies shall be divided equally as follows:
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4 a. fifty percent (50%) to the Oklahoma State University
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5 Cooperative Extension Service, and
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6 b. fifty percent (50%) to the Langston University
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7 Cooperative Extension Service.
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8 3. Monies distributed pursuant to paragraph 2 of this section
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9 shall be used solely to support the Landowner Energy Negotiation,
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10 Agricultural Preservation, and Orphaned Well Mitigation Education
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11 Program created pursuant to Section 1 of this act, including
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12 technical assistance, education, outreach, and land stewardship
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13 support for landowners affected by renewable energy development,
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14 agricultural dual-use practices, and water conservation.
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15 4. Not more than twenty percent (20%) of all monies collected
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16 pursuant to this section may be retained by the Corporation
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17 Commission for the purpose of administering this section, including
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18 fee collection, verification of disturbed acreage, processing of
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19 stewardship credits, auditing, reporting, and rulemaking.
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20 D. 1. The owner or operator of a renewable energy project
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21 shall be eligible for a stewardship credit if the project
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22 incorporates agrivoltaic or dual-use land management practices.
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23 2. Eligible practices may include:
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1 a. grazing of livestock beneath or around renewable
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2 energy facilities,
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3 b. cultivation of crops, pollinator habitats, or native
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4 vegetation compatible with energy infrastructure,
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5 c. soil health practices that prevent erosion or
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6 compaction, or
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7 d. site design that preserves agricultural productivity
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8 during the operational life of the project.
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9 3. The Corporation Commission shall grant a credit of up to
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10 fifty percent (50%) of the annual per-acre fee for acreage actively
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11 managed using approved agrivoltaic or dual-use practices.
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12 4. Eligibility for a credit shall be demonstrated through
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13 documentation, site management plans, or technical verification or
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14 certification from the Cooperative Extension Service.
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15 E. The Corporation Commission shall promulgate rules as
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16 necessary to implement and administer the provisions of this
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17 section.
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18 F. Nothing in this section shall be construed to authorize this
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19 state to prohibit renewable energy projects or to impose operational
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20 standards unrelated to the assessment or administration of the fee.
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21 SECTION 4. This act shall become effective July 1, 2026.
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22 SECTION 5. It being immediately necessary for the preservation
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23 of the public peace, health or safety, an emergency is hereby
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1 declared to exist, by reason whereof this act shall take effect and
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2 be in full force from and after its passage and approval.
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Req. No. 3283 Page 12Every fact on this page links to its source, starting with the official bill record.