1. A. An energy storage resource agreement executed after the effective date of this act shall provide that the grantee is responsible for removing the grantee’s components of an energy storage resource facility from the landowner's property and that the grantee shall, in accordance with any other applicable laws or regulations, safely perform the following:

   1. 1. Clear, clean, and remove from the property each energy storage resource and associated transformers and substations;

   2. 2. For each foundation of an energy storage resource, transformer, or substation installed in the ground:

      1. 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
      2. 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. 3. For each buried cable, including power, fiber-optic, and communications cables, installed in the ground:

      1. 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
      2. 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. 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.

2. B. The agreement shall provide that, at the request of the landowner, the grantee shall:

   1. 1. Clear, clean, and remove each road constructed by the grantee on the property; and
   2. 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.

3. C. The agreement shall provide that, at the request of the landowner, if reasonable, the grantee shall:

   1. 1. Remove from the property all rocks over twelve (12) inches in diameter excavated during the decommissioning or removal process;
   2. 2. Return the property to a tillable state using scarification, V-rip, or disc methods, as appropriate; and

   3. 3. Ensure that:

      1. 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
      2. 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.

4. 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. 1. The date on which the landowner receives from the grantee via certified mail a copy of a notification of intent to suspend operations filed with a grid operator indicating an intent to permanently cease operations; or
   2. 2. The date the landowner receives written notice of intent to decommission the energy storage resource from the grantee.
5. E. The provisions of this section shall only apply to energy storage resource agreements executed after the effective date of this act and shall have no effect on existing agreements.

Laws 2026, HB 3464, c. 155, § 5, emerg. eff. July 1, 2026.