95th Arkansas General Assembly/Commercial Renewable Energy Facilities: Legislation Introduced Addressing Agricultural Impact Remediation Agreements

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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House Bill 1525 has been introduced by Representative Steimel and Senator Irvin which would add a Subchapter 9 to Arkansas Code Title 18, Chapter 11, titled:

Agricultural Impact Remediation Agreements.

The Bill would require that an owner of a commercial renewable energy facility on agricultural land enter into an agricultural impact remediation agreement with the respective landowner.

An agricultural impact remediation agreement is defined as:

…an agreement between a commercial renewable energy facility owner and a landowner as described in this subchapter.

A commercial renewable energy facility is described as:

…a commercial wind energy facility or commercial solar energy facility.

An agricultural impact remediation agreement is described as including elements such as:

  • Outline construction/deconstruction standards to ensure restoration of agricultural land.
  • Be completed with a copy provided to the Arkansas Department of Agriculture no less than 45 days before the commencement of construction.
  • Be binding on subsequent commercial renewable energy facility owners or landowners.
  • Provide the landowner with a comprehensive deconstruction plan that includes adequate financial mechanisms and assurances.

A copy of House Bill 1525 can be downloaded here.

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Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.
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