Oklahoma 2026 Regular Session Status: In Committee 1 D cosponsors

SB 2173 — Agriculture; creating the Landowner Energy Negotiation, Agricultural Preservation, and Orphaned Well Mitigation Education Act of 2026. Effective date. Emergency.

Last action — Referred to Appropriations

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill is in committee in the Senate. Introduced February 02, 2026. It must pass committee before a floor vote.

Next likely step: a committee vote, then a floor vote in the Senate.

Prognosis

Advancing 36% · moderate confidence

Where this bill stands today.

Odds of enactment

Low

How often bills like it became law.

  • In Committee

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 1 recorded vote so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

290 added · 291 removed

Plain-language change summary

The latest version of SB 2173 has added a requirement for reporting and clarified the establishment of a new program focused on energy negotiation and orphaned well mitigation education. Additionally, the language regarding the appropriating of funds has been removed, and the section declaring an emergency has also been taken out. These changes are important because they streamline the program's implementation and oversight while emphasizing accountability without rushing the bill into immediate effect.

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STATE OF OKLAHOMA 2 2nd Session of the 60th Legislature (2026) 3 SENATE BILL 2173 By:
STATE OF OKLAHOMA 2nd Session of the 60th Legislature (2026) COMMITTEE SUBSTITUTE FOR SENATE BILL 2173 By:
Boren 4 5 AS INTRODUCED 7 An Act relating to agriculture;
Boren 6 COMMITTEE SUBSTITUTE An Act relating to agriculture;
appropriating funds;
establishing fees for energy land remediation and education;
establishing fees for renewable energy land remediation and education;
providing for the promulgation of rules;
providing an effective date;
and providing an effective date.
and declaring an emergency.
A.
This act shall be known and may be cited as the “Landowner Energy Negotiation, Agricultural Preservation, and Orphaned Well Mitigation Education Act of 2026”.
3283 Page 1 B.
3642 Page 1 A.
This act shall be known and may be cited as the “Landowner Energy Negotiation, Agricultural Preservation, and Orphaned Well Mitigation Education Act of 2026”.
B.
The Legislature finds that landowners across this state 2 require improved access to high-quality professional education to 3 effectively negotiate oil, gas, wind, and solar energy agreements.
The Legislature finds that landowners across this state require improved access to high-quality professional education to effectively negotiate oil, gas, wind, and solar energy agreements.
The Legislature further finds that the rapid expansion of 5 utility-scale wind and solar development necessitates training and 6 technical assistance to ensure agricultural operations, including 7 grazing, crop production, and soil conservation, may be preserved alongside energy production.
The Legislature further finds that the rapid expansion of utility-scale wind and solar development necessitates education, training, and professional development to ensure agricultural operations, including grazing, crop production, and soil conservation, may be preserved alongside energy production.
9 3.
3.
The Legislature additionally recognizes the need for improved landowner awareness regarding environmental, safety, and financial risks posed by orphaned and abandoned oil and gas wells.
The Legislature additionally recognizes the need for improved landowner awareness regarding environmental, safety, and financial strategies posed by orphaned and abandoned oil and gas wells.
The Legislature further finds that agricultural producers and rural landowners face increasing challenges related to the availability of water for beneficial use, including groundwater and surface water management, and that land use decisions associated with energy development may affect the conservation and protection of water resources.
The Legislature further finds that agricultural producers and rural landowners face increasing challenges related to the availability of water for beneficial use, including groundwater and Req.
Req.
3283 Page 2 6.
3642 Page 2 surface water management, and that land use decisions associated with energy development may affect the conservation and protection of water resources.
The Legislature recognizes that the conservation and 2 protection of water resources for beneficial use, consistent with 3 existing law, is essential to the long-term viability of agriculture, grazing, soil health, and rural economies, and that 5 education and technical assistance may assist landowners in 6 voluntarily incorporating water-protective practices into energy- 7 related land use agreements.
6.
The Legislature recognizes that the conservation and protection of water resources for beneficial use, consistent with existing law, is essential to the long-term viability of agriculture, grazing, soil health, and rural economies, and that education and technical assistance may assist landowners in voluntarily incorporating water-protective practices into energy- related land use agreements.
9 1.
1.
“Dual-use land management” means land management strategies that allow agricultural activities, including grazing, crop cultivation, pasture improvement, or soil conservation, to continue on land leased for or impacted by wind or solar energy infrastructure;
“Abandoned or orphaned well” shall have the same meaning as “abandoned well” as defined in Section 53.3 of Title 17 of the Oklahoma Statutes;
“Extension Service” means the Oklahoma State University Cooperative Extension Service and Langston University Cooperative Extension Service;
“Dual-use land management” means land management strategies that allow agricultural activities, including grazing, crop cultivation, pasture improvement, or soil conservation, to continue on land leased for or impacted by wind or solar energy infrastructure;
“Landowner” means the legal owner of surface rights to real property within this state;
“Extension Service” means the Oklahoma State University Cooperative Extension Service and Langston University Cooperative Extension Service;
“Orphaned or abandoned well” means any well identified by the Corporation Commission as unplugged, unmaintained, or lacking a responsible operator;
“Landowner” means the legal owner of surface rights to real property within this state;
and 5.
and Req.
“Water conservation” means voluntary practices and management strategies that promote the beneficial use of water and the conservation or protection of groundwater and surface water Req.
3283 Page 3 resources, consistent with the authority of the Oklahoma Water 2 Resources Board and existing water rights law, including efficient 3 water use, soil moisture retention, runoff reduction, and prevention of contamination.
3642 Page 3 5.
5 D.
“Water conservation” means voluntary practices and management strategies that promote the beneficial use of water and the conservation or protection of groundwater and surface water resources, consistent with the authority of the Oklahoma Water Resources Board and existing water rights law, including efficient water use, soil moisture retention, runoff reduction, and prevention of contamination.
There is hereby established within the Extension Service the 6 Landowner Energy Negotiation, Agricultural Preservation, and 7 Orphaned Well Mitigation Education Program.
D.
The program shall provide education, training, and technical assistance to landowners 9 related to energy development and agricultural compatibility and the voluntary conservation of soil and water resources, provided that nothing in this act shall be construed to regulate water rights, water use, or water allocation.
There is hereby established within the Extension Service the Landowner Energy Negotiation, Agricultural Preservation, and Orphaned Well Mitigation Education Program.
The program shall provide education, legal assistance, and training to landowners related to energy development and agricultural compatibility and the voluntary conservation of soil and water resources, provided that nothing in this act shall be construed to regulate water rights, water use, or water allocation.
The Extension Service shall administer the program and may use funds appropriated pursuant to this section for the following purposes:
The Extension Service shall administer the program and may use funds collected pursuant to this section for the following purposes:
Development and delivery of professional education and training programs for landowners regarding:
Development and delivery of professional education, legal assistance, and training programs for landowners regarding:
negotiation of wind energy leases and turbine siting agreements, including impacts on agricultural operations, access roads, drainage, and long-term land value, Req.
negotiation of wind energy leases and turbine siting agreements, including impacts on agricultural Req.
3283 Page 4 c.
3642 Page 4 operations, access roads, drainage, and long-term land value, c.
negotiation of solar energy leases, including ground 2 cover requirements, panel spacing and height, panel 3 technology requirements, fencing, vegetation management, and livestock-compatible or agrivoltaics 5 system layouts, 6 d.
negotiation of solar energy leases, including ground cover requirements, panel spacing and height, panel technology requirements, fencing, vegetation management, and livestock-compatible or agrivoltaics system layouts, d.
incorporation of agricultural preservation clauses, 7 dual-use provisions, land restoration requirements, and decommissioning assurances into energy contracts, 9 e.
incorporation of agricultural preservation clauses, dual-use provisions, land restoration requirements, and decommissioning assurances into energy contracts, e.
voluntary practices related to the conservation and protection of groundwater and surface water resources, including educational discussion of lease provisions addressing water use during construction or operation, protection of water wells regulated under state law, Req.
voluntary practices related to the conservation and protection of groundwater and surface water resources, including educational discussion of lease provisions Req.
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3283 Page 5 drainage alteration, erosion control, stormwater 2 management, and post-construction land restoration, 3 provided that such education does not alter, impair, or adjudicate any existing water right;
3642 Page 5 addressing water use during construction or operation, protection of water wells regulated under state law, drainage alteration, erosion control, stormwater management, and post-construction land restoration, provided that such education does not alter, impair, or adjudicate any existing water right;
5 2.
2.
Creation and dissemination of technical assistance 6 materials, including model contract provisions, negotiation guides, 7 and decision-support tools related to energy development and agricultural compatibility including informational discussion of 9 potential water conservation considerations, provided such materials are educational in nature and do not confer regulatory authority or modify existing law;
Creation and dissemination of educational, legal assistance, and professional development materials, including model contract provisions, negotiation guides, and decision-support tools related to energy development and agricultural compatibility including informational discussion of potential water conservation considerations, provided such materials are educational in nature and do not confer regulatory authority or modify existing law;
Conducting workshops, field demonstrations, and educational programming related to:
Conducting workshops, field demonstrations, or educational programming related to:
voluntary soil and water conservation practices related to energy development, including soil moisture protection, runoff and drainage management, protection of water wells and recharge areas, vegetative cover Req.
voluntary soil and water conservation practices related to energy development, including soil moisture Req.
3283 Page 6 systems, and drought-resilient land management 2 practices, presented for educational purposes only;
3642 Page 6 protection, runoff and drainage management, protection of water wells and recharge areas, vegetative cover systems, and drought-resilient land management practices, presented for educational purposes only;
3 4.
4.
Supporting Extension Service personnel, including the hiring or training of specialists with expertise in renewable energy 5 contracting, agricultural dual-use systems, energy law, soil and 6 water conservation practices consistent with existing water law and 7 environmental remediation;
Supporting Extension Service personnel, including the hiring or training of specialists with expertise in renewable energy contracting, agricultural dual-use systems, energy law, soil and water conservation practices consistent with existing water law, and environmental remediation;
Conducting outreach in rural and agricultural communities 9 with high levels of oil, gas, wind, or solar development, or concentrations of orphaned or abandoned wells.
Conducting outreach in rural and agricultural communities with high levels of oil, gas, wind, or solar development, or concentrations of orphaned or abandoned wells.
5.
Improvements in the landowner engagement related to orphaned or abandoned well reporting;
3283 Page 7 6.
3642 Page 7 5.
Recommendations that shall be made publicly available on the 2 Extension Service’s website;
Improvements in the landowner engagement related to orphaned or abandoned well reporting;
and 3 7.
6.
Educational outcomes related to voluntary soil and water conservation practices, including landowner participation in water- 5 protective programming or incorporation of informational water- 6 related considerations into energy-related land use agreements.
Recommendations that shall be made publicly available on the Extension Service’s website;
7 H.
and 7.
Educational outcomes related to voluntary soil and water conservation practices, including landowner participation in water- protective programming or incorporation of informational water- related considerations into energy-related land use agreements.
H.
9 SECTION 2.
SECTION 2.
For fiscal year 2026, there is hereby appropriated from the General Revenue Fund to the Oklahoma Cooperative Extension Service the sum of Three Million Five Hundred Thousand Dollars ($3,500,000.00) to implement the program.
There is hereby created in the State Treasury a revolving fund for the Oklahoma Department of Agriculture, Food, and Forestry to be designated the “Landowner Energy Negotiation Revolving Fund”.
Monies appropriated pursuant to this section shall be used solely for the purposes specified in Section 1 of this act.
The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the Department from the fees authorized pursuant to Section 3 of this act provided for the purpose of supporting the Landowner Energy Negotiation, Agricultural Preservation, and Orphaned Well Mitigation Education Program.
All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the Department for the purpose provided for in this act.
Expenditures Req.
No.
3642 Page 8 from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.
“Commission” means the Corporation Commission;
2.
3.
“Department” means the Oklahoma Department of Agriculture, Food, and Forestry;
4.
“Disturbed acreage” means the total surface area within this state that is occupied or materially altered by an energy project;
and 5.
“Renewable energy project” means a facility or infrastructure used for the generation or storage of electricity from renewable resources, including wind energy facilities, solar energy facilities, battery or energy storage facilities, and collection or transmission infrastructure associated with a renewable energy project.
3283 Page 8 2.
3642 Page 9 B.
“Disturbed acreage” means the total surface area within this 2 state that is occupied or materially altered by a renewable energy 3 project, including turbines, panels, substations, access roads, laydown areas, and related facilities;
and 5 3.
“Renewable energy project” means a facility or 6 infrastructure used for the generation or storage of electricity 7 from renewable resources, including wind energy facilities, solar energy facilities, battery or energy storage facilities, and 9 associated collection or transmission infrastructure.
B.
The Corporation Commission shall levy and collect a State Renewable Energy Land Remediation and Education Fee on renewable energy projects located within this state.
The Corporation Commission may promulgate rules to levy and collect a State Energy Land Remediation and Education Fee on energy projects located within this state.
The fee imposed by this section shall be a fee and not a tax, shall be reasonably related to land disturbance impacts, and shall not regulate the siting, permitting, or operation of renewable energy facilities.
The fee authorized by this section shall be a fee on acres disturbed and not a tax on energy, shall be reasonably related to land disturbance impacts, and shall not regulate the siting, permitting, or operation of energy facilities.
All fees collected pursuant to this section shall be deposited in the State Treasury to the credit of a revolving fund to be designated the Renewable Energy Land Remediation and Education Fund.
All fees authorized pursuant to this section shall be deposited in the Landowner Energy Negotiation Revolving Fund established in Section 2 of this act.
Req.
2.
No.
Not less than eighty percent (80%) of all monies deposited to the fund shall be distributed to the Cooperative Extension Services, and such monies shall be divided equally as follows:
3283 Page 9 2.
Not less than eighty percent (80%) of all monies deposited 2 to the fund shall be distributed to the Cooperative Extension 3 Services, and such monies shall be divided equally as follows:
fifty percent (50%) to the Oklahoma State University 5 Cooperative Extension Service, and 6 b.
fifty percent (50%) to the Oklahoma State University Cooperative Extension Service, apportioned equally to counties in which there is an Oklahoma State University Cooperative Extension Service office located, and b.
fifty percent (50%) to the Langston University 7 Cooperative Extension Service.
fifty percent (50%) to the Langston University Cooperative Extension Service, apportioned equally to Req.
No.
3642 Page 10 counties in which there is a Langston University Cooperative Extension Service office located.
Monies distributed pursuant to paragraph 2 of this section 9 shall be used solely to support the Landowner Energy Negotiation, Agricultural Preservation, and Orphaned Well Mitigation Education Program created pursuant to Section 1 of this act, including technical assistance, education, outreach, and land stewardship support for landowners affected by renewable energy development, agricultural dual-use practices, and water conservation.
Monies distributed pursuant to paragraph 2 of this subsection shall be used solely to support the Landowner Energy Negotiation, Agricultural Preservation, and Orphaned Well Mitigation Education Program created pursuant to Section 1 of this act, including education, outreach, and land stewardship support for landowners affected by renewable energy development, agricultural dual-use practices, water conservation, or abandoned or orphaned oil and gas wells.
Not more than twenty percent (20%) of all monies collected pursuant to this section may be retained by the Corporation Commission for the purpose of administering this section, including fee collection, verification of disturbed acreage, processing of stewardship credits, auditing, reporting, and rulemaking.
Not more than ten percent (10%) of all monies collected pursuant to this section may be retained by the Department for the administration of the Landowner Energy Negotiation Revolving Fund established in Section 2 of this act.
5.
Not more than ten percent (10%) of all monies collected pursuant to this section may be retained by the Commission for the purpose of administering this section, including fee collection, verification of disturbed acreage, processing of stewardship credits, auditing, reporting, and rulemaking.
3283 Page 10 a.
3642 Page 11 a.
grazing of livestock beneath or around renewable 2 energy facilities, 3 b.
grazing of livestock beneath or around renewable energy facilities, b.
cultivation of crops, pollinator habitats, or native vegetation compatible with energy infrastructure, 5 c.
cultivation of crops, pollinator habitats, or native vegetation compatible with energy infrastructure, c.
soil health practices that prevent erosion or 6 compaction, or 7 d.
soil health practices that prevent erosion or compaction, or d.
9 3.
3.
The Corporation Commission shall grant a credit of up to fifty percent (50%) of the annual per-acre fee for acreage actively managed using approved agrivoltaic or dual-use practices.
The Commission shall establish a credit of fifty percent (50%) of the annual per-acre fee for acreage actively managed using approved agrivoltaic or dual-use practices.
Eligibility for a credit shall be demonstrated through documentation, site management plans, or technical verification or certification from the Cooperative Extension Service.
Eligibility for a credit shall be demonstrated through documentation, site management plans, or technical verification or certification from the Oklahoma Department of Agriculture, Food, and Forestry.
The Corporation Commission shall promulgate rules as necessary to implement and administer the provisions of this section.
The Oklahoma Department of Agriculture, Food, and Forestry shall promulgate rules in consultation with the Corporation Commission, the Oklahoma State University Cooperative Extension Service, and the Langston University Cooperative Extension Service as necessary to implement and administer the fund established in Section 2 of this act.
SECTION 4.
Req.
This act shall become effective July 1, 2026.
SECTION 5.
It being immediately necessary for the preservation of the public peace, health or safety, an emergency is hereby Req.
3283 Page 11 declared to exist, by reason whereof this act shall take effect and 2 be in full force from and after its passage and approval.
3642 Page 12 SECTION 4.
3 4 60-2-3283 YG 1/15/2026 2:19:29 PM 5 6 7 8 9 Req.
This act shall become effective November 1, 2026.
3 60-2-3642 YG 3/2/2026 11:26:37 AM 5 7 9 Req.
3283 Page 12
3642 Page 13
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Amendments

1 amendment

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Action History

  1. Referred to Appropriations

  2. Title stricken

  3. Reported Do Pass, amended by committee substitute Agriculture and Wildlife committee; CR filed

  4. Second Reading referred to Agriculture and Wildlife Committee then to Appropriations Committee

  5. Authored by Senator Boren

  6. First Reading

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 150 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (150)

150 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Orphaned Well Mitigation Education Act Of 2026.

Passed 12 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 10000
Democrat 2000
Unaffiliated 0002
Total 12002
% of votes cast 86%0%0%14%
How each member voted (14)
Member Party Vote
AMD SB2173 PCS - ADOPTED (Request No: 3642) — Not Voting
STRIKE THE TITLE - ADOPTED — Not Voting
Carri Hicks Democrat Yea
Nikki Nice Democrat Yea
Casey Murdock Republican Yea
Dana Prieto Republican Yea
David Bullard Republican Yea
George Burns Republican Yea
Grant Green Republican Yea
Jonathan Wingard Republican Yea
Randy Grellner Republican Yea
Roland Pederson Republican Yea
Spencer Kern Republican Yea
Tom Woods Republican Yea

Official roll call →

Subjects

agriculture energy
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Frequently asked questions

Who sponsors SB 2173?
SB 2173 is sponsored by Mary B. Boren (Democrat).
What is the current status of SB 2173?
This bill is in committee in the Senate. Introduced February 02, 2026. It must pass committee before a floor vote.
Where can I track SB 2173?
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