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ENGR. H. B. NO. 2142 Page 1
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ENGROSSED HOUSE
BILL NO. 2142 By: Kannady of the House
and
Green of the Senate
An Act relating to wind energy facilities; defining
terms; prohibiting construction or modification of
wind energy facilities with respect to certain
military facilities; defining adverse impact with
respect to military facilities; prescribing
procedures; requiring filing of application;
requiring Oklahoma Military Department to provide
certain information; authorizing administrative
rules; imposing restriction on release of
information; authorizing administrative fines;
authorizing civil actions; providing for
codification; and providing an effective date.
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 240.1 of Title 44, unless there
is created a duplication in numbering, reads as follows:
As used in this act:
1. "Clearinghouse" means the Military Aviation and Installation
Assurance Siting Clearinghouse established by the United States
Secretary of Defense under 10 U.S.C., Section 183(a);
2. "Commencement of construction" means beginning excavation of
wind turbine foundations or other actions relating to the actual
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erection and installation of commercial wind energy equipment.
Commencement of construction does not include activities related to:
a. the erection of meteorological towers,
b. environmental assessments,
c. surveys,
d. preliminary engineering, or
e. assessments of the development of the wind resources
on a given parcel of property;
3. "Department" means the Oklahoma Military Department;
4. "Determination of no hazard" means the formal response
issued by the FAA upon completion of an aeronautical study regarding
a facility structure's impact to air navigation affirming that:
a. the facility structure does not exceed obstruction
standards, and
b. modifications to the facility structure are not
required;
5. "FAA" means the United States Federal Aviation
Administration;
6. "Facility structure" means a wind turbine or other structure
located on a wind energy facility, the construction or modification
of which would require the completion of Form 7460-1;
7. "Form 7460-1" means:
a. FAA Form 7460-1 Notice of Proposed Construction or
Alteration, which the FAA uses to conduct aeronautical
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studies to promote air safety and the efficient use of
navigable airspace, as required under 14 C.F.R., Part
77, or
b. a form designated by the FAA to conduct aeronautical
studies to promote air safety and the efficient use of
navigable airspace;
8. "Mission compatibility certification letter" means the
formal response the Clearinghouse issues through the Clearinghouse's
review of proposed projects and facility structures through the
Clearinghouse's evaluation process;
9. "Owner" means a person having a majority equity interest in
a commercial wind energy facility;
10. "Wind energy facility" means an electrical generation
consisting of one or more wind turbines under common ownership or
operating control. Wind energy facility includes the infrastructure
necessary to support the generation of electricity by one or more
wind turbines, including:
a. substations,
b. meteorological data towers,
c. aboveground and underground electrical transmission
lines,
d. transformers,
e. control systems, and
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f. other structures used to support the operation of the
facility with the primary purpose of supplying
electricity to an off-site customer; and
11. "Wind turbine" means a wind energy conversion system that
converts wind energy into electricity through the use of a wind
turbine generator. Wind turbine includes the turbine, blade, tower,
base, and pad transformer.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 240.2 of Title 44, unless there
is created a duplication in numbering, reads as follows:
A. Construction or modification of a facility structure may not
encroach upon or otherwise have an adverse impact on the mission,
training, or operations of any military installation or branch of
the military as determined by the Clearinghouse and the FAA.
B. An adverse impact to a military installation or branch of
the military as described in subsection A of this section includes
an adverse impact to:
1. A military training route;
2. A drop zone;
3. An approach to a runway;
4. A test or training range;
5. A military installation or facility;
6. United States Department of Defense special use air space;
and
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7. United States Department of Defense spectral requirements.
C. A facility structure may not be constructed or expanded
unless:
1. There is an active determination of no hazard; or
2. Any adverse impacts to the United States Department of
Defense, determined in accordance with 32 C.F.R., Section 211.6, or
the National Defense Authorization Act have been resolved as
evidenced by documentation from the Clearinghouse for the facility
structure and the Department.
D. For purposes of paragraph 2 of subsection C of this section,
a mission compatibility certification letter may serve as evidence
that the wind energy facility has resolved adverse impacts with the
United States Department of Defense or successor agency.
E. Before expanding or constructing a facility structure, and
within thirty (30) days of submitting an application to the FAA, an
owner shall file a copy of the FAA application with the Department.
F. Within fifteen (15) days of receiving a copy of the FAA
application to construct a wind energy site, the Oklahoma Military
Department will provide a copy of the application to the affected
military entities.
G. The Department may serve in a coordination role with the
owner and the affected military entity.
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H. Within thirty (30) days of receiving final notification from
the FAA or a Notice of Presumed Risk from the Department of Defense,
the owner shall provide the Department a copy of the documentation.
I. The Department may make rules in accordance with the
Oklahoma Administrative Procedures Act to administer this section.
J. The documentation an owner submits in accordance with
subsections E and H of this section:
1. Shall only be used and disclosed by the Department in
accordance with this section;
2. Is confidential, not public, and not open to public
inspection; and
3. Is not subject to the Oklahoma Open Records Act.
K. If an owner fails to submit the documentation described in
subsections E and H of this section for an individual facility
structure:
1. The Department may charge the owner an administrative
penalty not to exceed One Thousand Five Hundred Dollars ($1,500.00)
per day, per violation; and
2. A stakeholder, including the Department, may bring an action
in court to:
a. enjoin any action on a facility structure in violation
of this section, and
b. enforce the requirements of this section.
SECTION 3. This act shall become effective November 1, 2025.
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Passed the House of Representatives the 26th day of March, 2025.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2025.
Presiding Officer of the Senate