Read the full stored bill text
Req. No. 14083 Page 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
HOUSE BILL 2972 By: Hays
AS INTRODUCED
An Act relating to wind and solar energy; authorizing
board of county commissioners of each county to adopt
certain ordinances; limiting the scope of ordinances;
stating act does not limit certain authorities;
authorizing ordinances more restrictive than state
standards; requiring Corporation Commission maintain
certain database; authorizing county voters to
undertake initiative petition; stating requirements
for initiative petition; providing for counting of
signatures; providing procedure for protests;
outlining procedure for ballot title; providing for
appeals to the wording of ballot title; requiring
secretary of the county election board notify county
commission of ballot title; requiring question be
presented to voters at next general election;
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 180.14 of Title 17, unless there
is created a duplication in numbering, reads as follows:
Req. No. 14083 Page 2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
A. The board of county commissioners of each county is hereby
granted authority to adopt, amend, and enforce ordinances regulating
the siting, construction, and expansion of commercial wind energy
facilities and commercial solar energy facilities within the
unincorporated areas of the county. Ordinances adopted pursuant to
this section may include, but are not limited to, provisions
governing:
1. Setbacks from residences, property lines, roads, and public
infrastructure;
2. Height, density, and spacing of facilities; and
3. Noise, shadow flicker, lighting, and visual impact
mitigation.
B. Nothing in this section shall be construed to limit the
authority of any state or federal agency with jurisdiction over
energy generation, transmission, or environmental permitting.
County ordinances adopted pursuant to this section shall not
conflict with state or federal law but may impose requirements that
are more restrictive than state minimum standards where not
expressly preempted.
C. Approval, permitting, or application submission to any
state, regional, or federal authority shall not create a vested
right to construct or operate a commercial wind or solar energy
facility absent compliance with applicable county ordinances adopted
pursuant to this section.
Req. No. 14083 Page 3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
D. The Oklahoma Corporation Commission shall maintain a
publicly accessible and searchable database containing the status of
each county of the state with respect to county ordinances enacted
pursuant to this section.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 180.15 of Title 17, unless there
is created a duplication in numbering, reads as follows:
A. The legal voters of any county are hereby granted the
authority to propose and enact county ordinances by initiative
petition regulating commercial wind energy facilities and commercial
solar energy facilities located within the unincorporated areas of
the county. An ordinance adopted pursuant to this section shall
apply only within the unincorporated areas of the county and shall
have the same force and effect as an ordinance enacted by the board
of county commissioners. An initiative petition filed pursuant to
this section may address one or more of the following subjects,
provided the ordinance is otherwise consistent with state and
federal law:
1. Setbacks from residences, property lines, roads, rights-of-
way, and public infrastructure;
2. Height, density, and spacing of wind turbines, solar panels,
and associated facilities; and
Req. No. 14083 Page 4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
3. Noise, shadow flicker, lighting, and visual impact
mitigation standards designed to protect public health, safety, and
welfare.
B. 1. For purposes of this section, the form of the initiative
petition shall be substantially as provided in Section 1 of Title 34
of the Oklahoma Statutes. A true copy of each measure proposed by
initiative and referendum shall be filed with the secretary of the
county election board before it is circulated and signed by the
registered voters.
2. Every initiative petition shall be signed by a number of the
registered voters residing in the county to be equal to at least ten
percent (10%) of the registered voters residing in the county. The
signatures to each petition shall be verified in the manner provided
by law.
3. Signed copies of an initiative petition shall be submitted
to the secretary of the county election board within ninety (90)
days after the initial filing of the measure with the secretary of
the county election board.
C. When signed copies of a petition are timely filed with the
secretary of the county election board, the secretary of the county
election board shall make a physical count of the number of
signatures appearing on the petitions. He or she shall then
publish, in at least one newspaper of general circulation in the
county, a notice of the filing and the apparent sufficiency or
Req. No. 14083 Page 5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
insufficiency of the petition. The notice shall also state that any
qualified elector of the county may file a protest to the petition
or an objection to the count made by the secretary of the county
election board.
A protest to the petition or the count of signatures shall be
filed in the district court in the county within ten (10) days after
the publication. Written notice of the protest shall be served upon
the secretary of the county election board and the parties who filed
the petition. In the case of the filing of an objection to the
count, notice shall also be served upon any party filing a protest.
The district court shall fix a day, not less than ten (10) days
after the filing of a protest, to hear testimony and arguments for
and against the sufficiency of the petition. A protest filed by
anyone, if abandoned by the party filing it, may be revived within
five (5) days by any other qualified elector. After the hearing,
the district court shall decide whether such petition is in the form
required by law.
D. 1. The parties submitting initiative petition shall also
prepare and file a ballot title for the measure. The ballot title
may be filed with the secretary of the county election board prior
to circulating the petition, but it shall be submitted no later than
the time that the signed copies of the petition are filed with the
secretary of the county election board. The ballot title shall
contain the gist of the proposition couched in language that may be
Req. No. 14083 Page 6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
readily understood by persons not engaged in the practice of law.
The ballot title shall contain language which clearly states that a
"yes" vote is a vote in favor of the proposition, and a "no" vote is
a vote against the proposition. The ballot title may not:
a. exceed one hundred fifty words,
b. reflect partiality in its composition or contain any
argument for or against the measure, or
c. contain language whereby a "yes" vote is, in fact, a
vote against the proposition and a "no" vote is, in
fact, a vote in favor of the proposition.
2. The secretary of the county election board shall immediately
forward a copy of the proposition and ballot title to the district
attorney. Within three (3) days after the filing of the ballot
title, the district attorney shall notify the secretary of the
county election board in writing whether or not the proposed ballot
title is in legal form and in harmony with the law. If the ballot
title is not in proper form, in the opinion of the district
attorney, he or she shall prepare and file a ballot title which does
conform to the law within the three-day period.
E. A qualified elector who is dissatisfied with the wording of
a ballot title may appeal, within ten (10) days after the ballot
title is filed with the secretary of the county election board, to
the county district court. The petition for appeal shall offer a
substitute ballot title for the one from which the appeal is taken.
Req. No. 14083 Page 7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Written notice of the appeal shall be served upon the secretary of
the county election board and upon the parties who filed the ballot
title at least five (5) days before such appeal is heard by the
court. The district attorney shall, and any interested citizen may,
defend the ballot title from which the appeal is taken. After the
hearing of the appeal, the district court may correct or amend the
ballot title, or accept the substitute suggested, or may draft a new
ballot title which will conform with the law.
F. When a ballot title has been decided upon, either as
approved by the district attorney or by the district court, the
secretary of the county election board shall notify the secretary of
the board of county commissioners in writing, and attach a copy of
the petition and ballot title.
G. When an initiative petition demands the enactment of an
ordinance, the chair of the board of county commissioners shall
present the petition to the governing body at its next meeting. If
the petition is not granted more than thirty (30) days before the
next general county election, the board of county commissioners
shall submit the ordinance so petitioned to the registered voters of
the county at the next general county election.
H. The Oklahoma Corporation Commission shall maintain a
publicly accessible and searchable database containing the status of
each county of the state with respect to county ordinances enacted
by initiative petition pursuant to this section.
Req. No. 14083 Page 8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
SECTION 3. This act shall become effective November 1, 2026.
60-2-14083 JBH 12/16/25