Oklahoma § 17-820.4 - Required agreement terms

§ 17-820.4. Required agreement terms

A. A solar power facility agreement shall provide that the

grantee is responsible for removing the grantee's solar power

facilities from the landowner's property and that the grantee shall,

in accordance with any other applicable laws or regulations, safely:

1. Clear, clean, and remove from the property each solar energy

device, transformer, and substation;

2. For each foundation of a solar energy device, transformer,

or substation installed in the ground:

a.

clear, clean, and remove the foundation from the

ground to a depth of at least three (3) feet below the

surface grade of the land in which the foundation is

installed, and

b.

ensure that each hole or cavity created in the ground

by the removal is filled with soil of the same type or

a similar type as the predominant soil found on the

property;

3. For each buried cable, including power, fiber-optic, and

communications cables, installed in the ground:

Oklahoma Statutes - Title 17. Corporation Commission

a.

clear, clean, and remove the cable from the ground to

a depth of at least three (3) feet below the surface

grade of the land in which the cable is installed, and

b.

ensure that each hole or cavity created in the ground

by the removal is filled with soil of the same type or

a similar type as the predominant soil found on the

property; and

4. Clear, clean, and remove from the property each overhead

power or communications line installed by the grantee on the

property at the request of the landowner.

B. The agreement shall provide that, at the request of the

landowner, the grantee shall:

1. Clear, clean, and remove each road constructed by the

grantee on the property; and

2. Ensure that each hole or cavity created in the ground by the

removal is filled with soil of the same type or a similar type as

the predominant soil found on the property.

C. The agreement shall provide that, at the request of the

landowner, if reasonable, the grantee shall:

1. Remove from the property all rocks over twelve (12) inches

in diameter excavated during the decommissioning or removal process;

2. Return the property to a tillable state using scarification,

V-rip, or disc methods, as appropriate; and

3. Ensure that:

a.

each hole or cavity created in the ground by the

removal is filled with soil of the same type or a

similar type as the predominant soil found on the

property, and

b.

the surface is returned as near as reasonably possible

to the same condition as before the grantee dug holes

or cavities, including by reseeding pastureland with

native grasses prescribed by an appropriate

governmental agency, if any. Noninvasive grasses

shall be allowed when reseeding native grasses is not

economically feasible.

D. The landowner shall make a request under subsection B or C

of this section not later than the one hundred eightieth day after

the later of:

1. The date on which the solar power facility is no longer

capable of generating electricity in commercial quantities; or

2. The date the landowner receives written notice of intent to

decommission the solar power facility from the grantee.

Added by Laws 2025, c. 25, § 5, eff. Nov. 1, 2025.