1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 SENATE BILL 1913 By: Jech
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6 AS INTRODUCED
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7 An Act relating to wind energy facilities; defining
7 terms; requiring certain newly established facilities
8 to apply for certain light-mitigating technology
8 system prior to commencement; requiring existing wind
9 energy facilities to apply for certain light-
9 mitigating technology system by certain date;
10 requiring costs to be assumed by facility developer,
10 owner, or operator; directing rule promulgation;
11 providing for codification; and providing an
11 effective date.
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14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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15 SECTION 1. NEW LAW A new section of law to be codified
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16 in the Oklahoma Statutes as Section 160.23 of Title 17, unless there
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17 is created a duplication in numbering, reads as follows:
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18 A. As used in this section:
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19 1. “Light-mitigating technology system” means aircraft
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20 detection lighting or any other comparable system capable of
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21 reducing the impact of facility obstruction lighting while
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22 maintaining conspicuity sufficient to assist aircraft in identifying
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23 and avoiding collision with a wind energy facility; and
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1 2. “Wind energy facility” means an electrical generation
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2 facility consisting of one or more wind turbines under common
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3 ownership or operating control, and includes substations,
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4 meteorological data towers, aboveground and underground electrical
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5 transmission lines, transformers, control systems, and other
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6 buildings or facilities used to support the operation of the
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7 facility, and whose primary purpose is to supply electricity to an
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8 off-site customer or customers. Wind energy facility shall not
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9 include a wind energy facility located entirely on property held in
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10 fee simple absolute estate by the owner of the wind energy facility.
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11 B. On and after the effective date of this act, no new wind
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12 energy facility may commence operations in this state unless the
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13 developer, owner, or operator of the facility applies to the Federal
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14 Aviation Administration (FAA) for installation of a light-mitigating
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15 technology system that complies with FAA regulations provided in 14
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16 C.F.R. Section 1.1 et seq. If approved by the FAA, the developer,
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17 owner, or operator of such facility shall install the light-
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18 mitigating technology system on the facility within twenty-four (24)
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19 months after receipt of approval.
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20 C. On and after January 1, 2026, any developer, owner, or
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21 operator of a wind energy facility that has commenced commercial
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22 operations in this state without a light-mitigating technology
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23 system shall apply to the FAA for installation of a light-mitigating
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24 technology system that complies with FAA regulations provided in 14
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1 C.F.R. Section 1.1 et seq. If approved by the FAA, the developer,
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2 owner, or operator of such facility shall install the light-
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3 mitigating technology system on the facility within twenty-four (24)
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4 months after receipt of approval.
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5 D. Any costs associated with the installation, implementation,
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6 operation, and maintenance of a light-mitigating technology system
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7 shall be the responsibility of the developer, owner, or operator of
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8 the wind energy facility.
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9 E. Wind energy facilities shall maintain operations of
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10 installed light-mitigating technology systems in accordance with
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11 Corporation Commission rule.
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12 F. The Corporation Commission shall have authority to enforce
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13 the provisions of this section and may promulgate rules to
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14 effectuate the provisions of this section.
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15 SECTION 2. This act shall become effective November 1, 2024.
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17 59-2-2754 RD 1/18/2024 11:20:28 AM
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