1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 2 By: Green
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7 AS INTRODUCED
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8 An Act relating to wind energy facilities; amending
8 17 O.S. 2021, Section 160.20, as amended by Section
9 21, Chapter 126, O.S.L. 2023 (17 O.S. Supp. 2024,
9 Section 160.20), which relates to setback
10 requirements; providing setback requirements for wind
10 towers from certain dwellings and property
11 boundaries; updating statutory language; and
11 declaring an emergency.
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15 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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16 SECTION 1. AMENDATORY 17 O.S. 2021, Section 160.20, as
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17 amended by Section 21, Chapter 126, O.S.L. 2023 (17 O.S. Supp. 2024,
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18 Section 160.20), is amended to read as follows:
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19 Section 160.20. A. After August 21, 2015, no wind energy
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20 facility may be constructed if the base of any tower is located at a
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21 distance of less than:
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22 1. One and one-half (1 1/2) nautical miles from the center line
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23 of any runway located on:
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 1 a. a public-use airport as defined in Section 120.2 of
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2 Title 3 of the Oklahoma Statutes, or
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3 b. an airport owned by a municipality;
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4 2. One and one-half (1 1/2) nautical miles from any public
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5 school which is a part of a public school district; or
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6 3. One and one-half (1 1/2) nautical miles from a hospital.
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7 B. After June 1, 2025, no wind energy facility may be
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8 constructed if the base of any tower is located at a distance of
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9 less than:
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10 1. One-quarter (1/4) nautical mile from the nearest point on
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11 the outside wall of any residential dwelling; and
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12 2. One-quarter (1/4) nautical mile from the nearest point of
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13 any nonparticipating property.
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14 C. Attestation of compliance with the setback requirements in
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15 this section shall be included in any reports required by the
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16 Corporation Commission. Stakeholder and landowner disputes arising
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17 under subsection A or B of this section shall fall under the
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18 exclusive jurisdiction of the district courts. The Corporation
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19 Commission may seek enforcement of the submission and attestation
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20 requirements of this subsection and subsection C D of this section
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21 through its administrative court system.
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22 C. D. After April 3, 2018, construction or operation of a
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23 proposed individual wind turbine or any other individual structure
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24 requiring a Federal Aviation Administration (FAA) Form 7460-1 that
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 1 is part of a wind energy facility shall not encroach upon or
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2 otherwise have a significant adverse impact on the mission,
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3 training, or operations of any military installation or branch of
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4 military as determined by the Military Aviation and Installation
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5 Assurance Siting Clearinghouse (Clearinghouse) and the FAA. Areas
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6 of impact include, but are not limited to, military training routes,
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7 drop zones, approaches to runways, and bombing ranges. No
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8 individual wind turbine or any other individual structure that
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9 requires a an FAA 7460-1 form that is part of a wind energy facility
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10 may be constructed or expanded unless there is an active
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11 Determination of No Hazard from the FAA and adverse impacts to the
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12 United States Department of Defense, pursuant to Title 32 of the
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13 Code of Federal Regulations, Section 211.6, have been resolved as
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14 evidenced by documentation from the Clearinghouse for the individual
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15 wind turbine or other individual structure. The Mission
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16 Compatibility Certification Letter or successor form may serve as
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17 such evidence of adverse impacts being resolved with the Department
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18 of Defense or successor agency.
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19 1. The Determination of No Hazard and documentation of the
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20 resolution of adverse impacts to the Department of Defense shall be
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21 filed with the Corporation Commission and the Oklahoma Department of
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22 Aerospace and Aeronautics.
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23 2. The requirements established by this subsection shall not
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24 prohibit the construction of an individual wind turbine or any other
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 1 individual structure requiring a an FAA 7460-1 form that is part of
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2 a wind energy facility if that individual wind turbine or other
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3 individual structure has received a Determination of No Hazard or
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4 mitigation plan on or before April 3, 2018.
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5 3. The Corporation Commission is authorized to promulgate rules
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6 and regulations for the implementation of the provisions of this
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7 section and Section 160.21 of this title.
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8 D. E. If an owner of a wind energy facility fails to submit an
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9 active Determination of No Hazard and documentation that adverse
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10 impacts to the Department of Defense have been resolved by the
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11 Clearinghouse for the individual wind turbine or other individual
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12 structure prior to the start of construction, the owner shall be
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13 subject to an administrative penalty not to exceed One Thousand Five
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14 Hundred Dollars ($1,500.00) per day, per violation from the
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15 Corporation Commission as provided by law. In addition,
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16 stakeholders, including, but not limited to, the Corporation
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17 Commission or the Oklahoma Department of Aerospace and Aeronautics,
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18 may institute an action in any court of general jurisdiction to
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19 prevent, restrain, correct, or abate any violation of subsection C D
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20 of this section other than Corporation Commission actions related to
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21 submissions or attestations.
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22 SECTION 2. It being immediately necessary for the preservation
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23 of the public peace, health or safety, an emergency is hereby
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 1 declared to exist, by reason whereof this act shall take effect and
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2 be in full force from and after its passage and approval.
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4 60-1-12 RD 11/15/2024 3:11:47 PM
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Statutes affected:
Introduced: 17-160.20