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ENGR. H. B. NO. 2266 Page 1
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ENGROSSED HOUSE
BILL NO. 2266 By: Miller and Menz of the
House
and
Rosino of the Senate
An Act relating to aerospace; amending 3 O.S. 2021,
Section 101, which relates to definitions; defining
terms; amending 3 O.S. 2021, Section 102.1, as
amended by Section 12, Chapter 126, O.S.L. 2023 (3
O.S. Supp. 2024, Section 102.1), which relates to
permits for erection, alteration, or modification of
certain structures; modifying list requiring certain
permit; detailing federal obstruction standards;
requiring certain airports be included in statewide
airport system plan; modifying certain list of
considerations; amending 3 O.S. 2021, Section 421, as
last amended by Section 15, Chapter 135, O.S.L. 2024
(3 O.S. Supp. 2024, Section 421), which relates to
Department of Aerospace and Aeronautics established
as clearinghouse for unmanned aircraft systems;
requiring implementation of certain strategy;
authorizing certain actions; authorizing certain
partnerships; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 3 O.S. 2021, Section 101, is
amended to read as follows:
Section 101. As used in this act, unless the context otherwise
requires:
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(1) 1. "Airport" means an area of land or water that is used or
intended to be used for the landing and taking off of aircraft
including its buildings and facilities, if any.;
(2) 2. "Airport hazard" means any structure, object of natural
growth or use of land which obstructs the airspace required for the
flight of aircraft in landing or taking off at an airport or is
otherwise hazardous to such landing or taking off of aircraft.;
(3) 3. "Airport hazard area" means any area of land or water
upon which an airport hazard might be established if not prevented
as provided in this act.;
(4) 4. "Heliport" means an area of land, water, or structure
used or intended to be used for the landing and takeoff of
helicopters and includes its buildings and facilities;
5. "Political subdivision" means any municipality, city, town,
village, or county.;
(5) 6. "Person" means any individual, firm, copartnership,
corporation, company, association, joint stock association, or body
politic, and includes any trustee, receiver, assignee, or other
similar representative thereof.;
(6) 7. "Structure" means any object constructed or installed by
man, including, but without limitation, buildings, towers,
smokestacks, and overhead transmission lines.;
(7) 8. "Tree" means any object of natural growth.;
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9. "Vertiport" means an area of land, water, or structure used
or intended to be used for the landing and takeoff of VTOL aircraft;
and
10. "VTOL aircraft" means an aircraft which has vertical
takeoff and landing capability.
SECTION 2. AMENDATORY 3 O.S. 2021, Section 102.1, as
amended by Section 12, Chapter 126, O.S.L. 2023 (3 O.S. Supp. 2024,
Section 102.1), is amended to read as follows:
Section 102.1. A. In order to prevent the erection of
structures dangerous to air navigation, subject to the provisions of
subsections B, C and D of this section, each person shall secure
from the local airport zoning authority, or in the absence of a
local airport zoning authority, the Oklahoma Department of Aerospace
and Aeronautics, a permit for the erection, alteration, or
modification of any structure the result of which would exceed the
federal obstruction standards as contained in 14 CFR, Part 77.
Permits from the local airport zoning authority will be required
only within an airport hazard area where federal standards are
exceeded and if the proposed construction is within:
1. A 10-nautical mile radius of the geographical center of a
publicly owned or operated airport, a military airport, or an
airport open for public use which has a published instrument
approach procedure;
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2. A 6-nautical mile radius of the geographical center of a
publicly owned or operated airport, a military airport, or an
airport open for public use which has no published instrument
approach procedure and has runways in excess of three thousand two
hundred (3,200) feet in length; or
3. A 2.5-nautical mile radius of the geographical center of a
publicly owned or operated airport, a military airport, or an
airport open for public use which has no published instrument
approach and has runways three thousand two hundred (3,200) feet or
less in length; or
4. A 1-nautical mile radius of the geographic center of a
publicly owned or operated heliport or vertiport. Federal
obstruction standards include a primary surface which is a
horizontal plane at the established heliport or vertiport elevation
and that coincides in size and shape with the designated takeoff and
landing area, the approach surface which begins at each end of the
heliport primary surface with the same width as the primary surface,
and extends outward and upward for a horizontal distance of four
thousand (4,000) feet where its width is five hundred (500) feet and
where the slope of the approach surface is eight (8) to one (1), and
the transitional surfaces which extend outward and upward from the
lateral boundaries of the primary surface and from the approach
surfaces at a slope of two (2) to one (1) for a distance of two
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hundred fifty (250) feet measured horizontally from the centerline
of the primary and approach surfaces.
B. Affected airports will be considered as having those
facilities which are programmed in the Federal Aviation
Administration’s Regional Aviation System Plan or the Oklahoma
Department of Aerospace and Aeronautics’ statewide airport system
plan and will be so protected.
C. Permit requirements of subsection A of this section shall
not apply to projects which received construction permits from the
Federal Communications Commission for structures exceeding federal
obstruction standards prior to May 20, 1975; nor shall it apply to
previously approved structures now existing, or any necessary
replacement or repairs to such existing structures, so long as the
height and location is unchanged.
D. In determining whether to issue or deny a permit, the local
airport zoning authority shall consider:
1. The nature of the terrain and height of existing structures;
2. Public and private interests and investments;
3. The character of flying operations and planned developments
of airports, vertiports, and heliports;
4. Federal airways as designated by the Federal Aviation
Administration that lie within the radii described in paragraphs 1
through 3 of subsection A of this section;
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5. Whether the construction of the proposed structure would
cause an increase in the minimum descent altitude or the decision
height at the affected airport;
6. Technological advances;
7. The safety of persons on the ground and in the air; and
8. Land use density.
E. In order to promote the health, safety and welfare of the
public and to protect persons and property by promoting safety in
aeronautics, the Oklahoma Department of Aerospace and Aeronautics
may review any structure erected, altered, or modified since January
1, 1996, in which no permit was secured from the local airport
zoning authority because of the absence of a local airport
authority. The Oklahoma Department of Aerospace and Aeronautics
shall determine whether such structures meet the requirements set
forth in this section. If the structures do not meet the
requirements as set forth in this section, the Oklahoma Department
of Aerospace and Aeronautics may request the owners of such
structure to make any necessary modifications to protect the health,
safety and welfare of the public, including, but not limited to,
altering, marking, mapping, or identifying such structure. The
Oklahoma Department of Aerospace and Aeronautics may assist the
owner of such structure in any manner deemed feasible by the
Oklahoma Department of Aerospace and Aeronautics.
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SECTION 3. AMENDATORY 3 O.S. 2021, Section 421, as last
amended by Section 15, Chapter 135, O.S.L. 2024 (3 O.S. Supp. 2024,
Section 421), is amended to read as follows:
Section 421. A. The Oklahoma Department of Aerospace and
Aeronautics is hereby established as the clearinghouse for unmanned
aircraft systems (UAS) and advanced air mobility (AAM) in this state
and shall be designated as the agency of this state for the
promotion, enhancement and development of UAS and AAM as well as any
associated infrastructure necessary to ensure the safe integration
and use of this new technology within the state. The purpose of
this clearinghouse is to create a partnership between those entities
that currently operate UAS, those that desire to use this technology
in the future and other entities that can support the research and
development of UAS to ensure that this state can more effectively
respond to the needs of this critical sector of the aviation and
aerospace industry. In the operation of this clearinghouse, the
Department shall cooperate, assist and coordinate with the federal
government, agencies of this state, tribal entities, municipalities
and other persons in the development of unmanned aircraft systems
throughout the state to ensure the acceptance of this technology and
the successful integration of UAS into the National Airspace System.
Contingent upon the availability of funds, the Oklahoma Department
of Aerospace and Aeronautics may use established program processes
or may contract with other qualified entities to carry out the
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duties and responsibilities of the Unmanned Aircraft Systems
Development Act of 2021.
B. The primary goal of the clearinghouse within the Department
is to establish a central point within state government to develop
and implement the strategy for how this state can become a leader in
the UAS and AAM industry. It will focus the collective resources,
knowledge, information and assets within state government to ensure
coordinated efforts amongst all parties. The clearinghouse will
have the authority to:
1. Conduct research on what other states and localities are
doing insofar as their UAS rules and regulations so that it can
provide recommendations to ensure this state is in the best position
within the industry;
2. Organize and coordinate the application for any UAS and AAM
test site, integration opportunity, pilot program or grant funding
on behalf of this state;
3. Maintain a registry of UAS being operated by state agencies,
except those UAS that are part of a university-affiliated research
program;
4. Maintain a registry of educational institutions that offer
training programs for users of UAS; and
5. Investigate the development of, and if necessary, create a
statewide system plan that will provide the framework for the
construction, development, siting, and potential partnerships
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required for vertiports and other infrastructure needed to integrate
AAM and UAS into the existing air transportation system of the
state;
6. Develop a statewide network of UAS/AAM detection systems as
necessary to support the safe integration of these new technologies
into the state’s existing air transportation system; and
7. Create statewide or regional command/control and radar
systems or centers to support paragraph 6 of this subsection and the
Department's efforts to bring UAS/AAM testing and development to the
state. These systems or centers can be standalone or in partnership
with other federal, state, local, tribal, or nonprofit entities.
C. The Department is authorized to enter into partnerships with
any city or town of this state and, any county or political
subdivision or district in this state, or any public trust thereof,
or any federal government entity for the purpose of investing in and
operating infrastructure and any other items necessary to safely and
effectively integrate AAM and UAS into the existing air
transportation system of this state as well as the testing and
development of these aeronautical technologies.
SECTION 4. This act shall become effective November 1, 2025.
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Passed the House of Representatives the 17th day of March, 2025.
Presiding Officer of the House
of Representatives
Passed the Senate the ____ day of __________, 2025.
Presiding Officer of the Senate