ENGROSSED HOUSE
BILL NO. 1821	By:	Trebilcock of the House

			   and

		Marlatt of the Senate

( energy - Oil and Gas Exploration Rights Act of 2011 - solar energy agreement - exploration rights - eminent domain – 		codification )

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 801 of Title 52, unless there is created a duplication in numbering, reads as follows:
This act shall be known and may be cited as the “Oil and Gas Exploration Rights Act of 2011”.  
SECTION 2.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 802 of Title 52, unless there is created a duplication in numbering, reads as follows:
As used in the Oil and Gas Exploration Rights Act of 2011:
1.  “Act” means the Oil and Gas Exploration Rights Act of 2011; 
2.  “Operator” means a person engaged in the severance of oil or gas for that person alone, for other persons only, or for that person and others;
3.  “Owner” means a person owning a right to explore for and produce oil and gas, whether the right is derived from ownership of oil and gas, from an oil and gas lease or from a force-pooling order issued by the Corporation Commission.  An owner shall also include an operator;
4.  “Person” means any individual, executor, administrator, estate, agent, trust, trustee, institution, receiver, business trust, firm, corporation, partnership, limited liability company, cooperative, joint venture, governmental entity or agency, association or any other group or combination acting as a unit;
5.  “Exploration rights” means, as to any lands within the State of Oklahoma, a right, title or interest of an owner, whether legal or equitable, and whether the right, title or interest is derived from ownership of oil and gas, from an oil and gas lease or from a force-pooling order issued by the Corporation Commission, to explore for and produce oil and gas, including, without limitation, the right to enter upon and make use of the surface estate in connection with exploring for and producing oil and gas, whether for that owner alone, for other owners only, or for that owner and others; and
6.  “Wind or solar energy agreement” means the same as defined in Section 820.1 of Title 60 of the Oklahoma Statutes.
SECTION 3.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 803 of Title 52, unless there is created a duplication in numbering, reads as follows:
A.  Exploration rights shall not be diminished, abrogated or interfered with in any respect by a wind or solar energy agreement except with the prior written consent of the owner of exploration rights, which consent may be granted or withheld for any reason or for no reason.  Any consent shall apply only to the exploration rights of the owner giving the consent, and to the successors and assigns of the owner if so provided in the instrument of consent.  Any consent shall apply only to the specific wind or solar energy agreement which is the subject of the consent.  Any consent shall be evidenced in a written instrument in recordable form and shall be recorded in the records of the county clerk of the county in which the affected property is located.  Within thirty (30) days of the expiration of the wind or solar energy agreement which is the subject of the consent, the person granting the consent shall cause to be recorded in the records of the county clerk of the county in which the affected property is located a notice of termination of consent.
B.  Any rights derived from a wind or solar energy agreement shall be subordinate in all respects to exploration rights except to the extent consent is otherwise given in accordance with this section.
SECTION 4.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 804 of Title 52, unless there is created a duplication in numbering, reads as follows:
Notwithstanding any other provision of law to the contrary, whether expressed or by implication, exploration rights shall not be taken by eminent domain proceedings other than pursuant to law specifically enacted for that purpose and specifically granting the power of eminent domain as to exploration rights.  The power of eminent domain as to exploration rights shall not be granted or bestowed by implication under any other law, rule, order or regulation.
SECTION 5.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 805 of Title 52, unless there is created a duplication in numbering, reads as follows:
The provisions of the Oil and Gas Exploration Rights Act of 2011 and the rights granted under the act are intended to be cumulative with all other rights an owner may otherwise have at law or in equity.  To the extent that there is a conflict between the provisions of the act and any other rights an owner has at law or in equity, then the rights of the owner are to be liberally construed to the end that those rights which afford the owner the most comprehensive protection to secure the exercise of the exploration rights of the owner shall be given preference.
Passed the House of Representatives the 17th day of March, 2011.

	
Presiding Officer of the House of
	Representatives

Passed the Senate the ____ day of __________, 2011.

	
Presiding Officer of the Senate