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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
HOUSE BILL 3095 By: Jenkins
AS INTRODUCED
An Act relating to property; enacting the Rural
Landowners Protection Act; defining terms;
prohibiting governmental entities from taking certain
actions with respect to certain facilities without
landowner approval; providing for allocation of
shares based on real estate parcels; providing for
approval of certain facilities based upon vote
outcome; requiring board of county commissioners to
administer provisions; imposing duties on board of
county commissioners; prohibiting submission of
question within designated time period after failure
of approval; providing for noncodification; 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 not to be
codified in the Oklahoma Statutes reads as follows:
This act shall be known and may be cited as the "Rural
Landowners Protection Act".
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SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2021 of Title 60, unless there
is created a duplication in numbering, reads as follows:
As used in this act:
1. "Covered facility" means any proposed facility or
installation falling within one or more of the following North
American Industry Classification System (NAICS) codes or
functionally equivalent operations:
a. NAICS 221115, relating to wind electric power
generation,
b. NAICS 221121, relating to electric bulk power
transmission and control, when used primarily for wind-
energy transmission,
c. NAICS 423930 or 562920, relating to recyclable material
merchants and materials recovery facilities, when used
for wind-turbine component recycling or
decommissioning,
d. NAICS 518210, relating to data processing, hosting, and
computing infrastructure providers, when used for
operation of a large-scale data center,
e. NAICS 221122 relating to grid-scale battery storage
installations, and
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f. activities relating to carbon capture, carbon
recapture, carbon-sequestration, or related scientific
or industrial operations;
2. "Election" means an election required by this act which
shall be conducted in substantially the same manner as elections for
county free-fair boards, including notice, ballot preparation,
polling location requirements, and canvassing of results, pursuant
to Sections 15-21 through 15-32 of Title 2 of the Oklahoma Statutes;
3. "Impact radius" means the area extending five (5) miles in
all directions from the outermost boundary of a proposed covered
facility or infrastructure; and
4. "Landowner of record" means the person or persons identified
in county land records as holding title to a parcel, or such person's
authorized representative.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2022 of Title 60, unless there
is created a duplication in numbering, reads as follows:
A. No state agency, county, municipality, or political
subdivision shall issue any permit, zoning action, certificate, or
authorization for construction or operation of a covered facility
unless the project first receives landowner approval as provided in
this section.
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B. Each parcel of privately owned land located wholly or
partially within the impact radius shall be allotted one (1) share of
voting authority, to be exercised by the landowner of record.
C. A proposed covered facility shall be deemed approved only if
at least two-thirds (2/3) of all counted shares vote in favor of the
project.
D. The county commissioners of the county in which the largest
portion of the proposed project is located shall administer the
landowner election.
E. Within thirty (30) days of receiving notice of application
for a covered facility, the board of county commissioners shall:
1. Identify all landowners of record within the impact radius;
2. Provide written notice to such landowners; and
3. Set a date for the election.
F. A project, substantively identical to one that fails to
receive landowner approval, shall not be resubmitted for a landowner
approval election for a period of three (3) years from the date of
the election at which the project failed to receive approval.
SECTION 4. This act shall become effective November 1, 2026.
60-2-15523 MAH 01/09/26