1. A. When applicable, a solar energy developer shall submit site plans and fees for any new solar energy facility to the Office of the Oklahoma State Fire Marshal for review. Such site plans shall be submitted when the solar energy facility is sixty percent (60%) complete in design development. The site plans shall include an accurate representation of:

   1. 1. Photovoltaic modules;
   2. 2. Inverters;
   3. 3. Monitoring and control equipment;
   4. 4. Substations;
   5. 5. Collection lines;
   6. 6. Access roads;
   7. 7. Temporary construction areas;
   8. 8. Operation and maintenance facilities; and
   9. 9. Other relevant supporting infrastructure.

2. B. Review by the Office of the Oklahoma State Fire Marshal shall be limited to compliance with applicable fire and building safety codes, including:

   1. 1. The Oklahoma-adopted International Building Code, as codified at OAC 748:20-2-1; and
   2. 2. The 2018 Edition of the International Fire Code, as codified at OAC 748:20-4-1.
3. C. The Office of the Oklahoma State Fire Marshal or local authority having jurisdiction, where applicable, shall complete any review subject to this section as soon as practicable, but in no event later than thirty (30) calendar days following receipt of complete site plans and fees. In the event the Office of the Oklahoma State Fire Marshal or local authority having jurisdiction does not complete its review within thirty (30) calendar days, any applicable permits and certificates shall be deemed issued.

4. D. During the pendency of the review by the Office of the Oklahoma State Fire Marshal, the following on-site activities may proceed:

   1. 1. Timbering, clearing, and grubbing vegetation;
   2. 2. Civil grading and earthwork;
   3. 3. Installation of stormwater pollution prevention measures and best management practices;
   4. 4. Installation of laydown areas and substation concrete foundation pads, including rough grading and gravel;
   5. 5. Installation of racking systems, inverters, photovoltaic modules, low-voltage collection systems, and above-ground transmission poles;
   6. 6. Public road improvements, entrance installations, and service road construction;
   7. 7. Placement of construction trailers with temporary power, fiber connections, and portable sanitation facilities;
   8. 8. Sub-grade open trenching;
   9. 9. Installation of on-grade concrete foundations; and
   10. 10. Installation of structural columns and beams.
5. E. The Office of the Oklahoma State Fire Marshal may assess a plan review fee at a rate of six cents ($0.06) per square foot of actual erected solar facilities, provided that the total fee shall not exceed Five Hundred Thousand Dollars ($500,000.00) for any single solar energy facility. The amount of such fee shall have a reasonable connection to the work actually performed by the Office of the Oklahoma State Fire Marshal.

6. F. Of the fees collected pursuant to this section:

   1. 1. Seventy-five percent (75%) shall be distributed to the local fire department providing primary fire protection services to the jurisdiction where the facility is located, within sixty (60) days of receipt. Funds distributed pursuant to this paragraph shall be used solely for fire protection, fire prevention, inspections, training, or emergency response activities related to the facility; and
   2. 2. Twenty-five percent (25%) shall be distributed to the permit issuing authority, whether the Office of the Oklahoma State Fire Marshal or a recognized local authority having jurisdiction, if delegated.
7. G. If the Office of the Oklahoma State Fire Marshal delegates any site plan review, permitting, or similar authority over a solar energy facility to a recognized local authority having jurisdiction, fees and timing shall continue to conform the requirements of this section.
8. H. The provisions of this section shall only apply to solar energy facilities designed to provide electricity to the grid, as well as any utility-scale solar energy facility designed to deliver electricity directly from a generating facility to a single end-use customer.

Laws 2026, HB 3464, c. 155, § 18, emerg. eff. July 1, 2026.