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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1156 By: Cornwell
AS INTRODUCED
An Act relating to wind energy facilities; amending
17 O.S. 2021, Section 160.20, as amended by Section
21, Chapter 126, O.S.L. 2023 (17 O.S. Supp. 2024,
Section 160.20), which relates to setback
requirements; modifying date; prohibiting
construction of wind energy facilities within certain
distance of adjacent properties; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 17 O.S. 2021, Section 160.20, as
amended by Section 21, Chapter 126, O.S.L. 2023 (17 O.S. Supp. 2024,
Section 160.20), is amended to read as follows:
Section 160.20. A. After August 21, 2015 November 1, 2025, no
wind energy facility may be constructed if the base of any tower is
located at a distance of less than:
1. One and one-half (1 1/2) nautical miles from the center line
of any runway located on:
a. a public-use airport as defined in Section 120.2 of
Title 3 of the Oklahoma Statutes, or
b. an airport owned by a municipality;
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2. One and one-half (1 1/2) nautical miles from any public
school which is a part of a public school district; or
3. One and one-half (1 1/2) nautical miles from a hospital; or
4. One-half (1/2) mile from the property line of an adjacent
property.
B. Attestation of compliance with the setback requirements in
this section shall be included in any reports required by the
Corporation Commission. Stakeholder and landowner disputes arising
under subsection A of this section shall fall under the exclusive
jurisdiction of the district courts. The Corporation Commission may
seek enforcement of the submission and attestation requirements of
this subsection and subsection C of this section through its
administrative court system.
C. After April 3, 2018, construction or operation of a proposed
individual wind turbine or any other individual structure requiring
a Federal Aviation Administration (FAA) Form 7460-1 that is part of
a wind energy facility shall not encroach upon or otherwise have a
significant adverse impact on the mission, training or operations of
any military installation or branch of military as determined by the
Military Aviation and Installation Assurance Siting Clearinghouse
(Clearinghouse) and the FAA. Areas of impact include, but are not
limited to, military training routes, drop zones, approaches to
runways and bombing ranges. No individual wind turbine or any other
individual structure that requires a FAA 7460-1 form that is part of
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a wind energy facility may be constructed or expanded unless there
is an active Determination of No Hazard from the FAA and adverse
impacts to the United States Department of Defense, pursuant to
Title 32 of the Code of Federal Regulations, Section 211.6, have
been resolved as evidenced by documentation from the Clearinghouse
for the individual wind turbine or other individual structure. The
Mission Compatibility Certification Letter or successor form may
serve as such evidence of adverse impacts being resolved with the
Department of Defense or successor agency.
1. The Determination of No Hazard and documentation of the
resolution of adverse impacts to the Department of Defense shall be
filed with the Corporation Commission and the Oklahoma Department of
Aerospace and Aeronautics.
2. The requirements established by this subsection shall not
prohibit the construction of an individual wind turbine or any other
individual structure requiring a FAA 7460-1 form that is part of a
wind energy facility if that individual wind turbine or other
individual structure has received a Determination of No Hazard or
mitigation plan on or before April 3, 2018.
3. The Corporation Commission is authorized to promulgate rules
and regulations for the implementation of the provisions of this
section and Section 160.21 of this title.
D. If an owner of a wind energy facility fails to submit an
active Determination of No Hazard and documentation that adverse
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impacts to the Department of Defense have been resolved by the
Clearinghouse for the individual wind turbine or other individual
structure prior to the start of construction, the owner shall be
subject to an administrative penalty not to exceed One Thousand Five
Hundred Dollars ($1,500.00) per day, per violation from the
Corporation Commission as provided by law. In addition,
stakeholders, including, but not limited to, the Corporation
Commission or the Oklahoma Department of Aerospace and Aeronautics
may institute an action in any court of general jurisdiction to
prevent, restrain, correct or abate any violation of subsection C of
this section other than Corporation Commission actions related to
submissions or attestations.
SECTION 2. This act shall become effective November 1, 2025.
60-1-10239 JBH 12/05/24