Read the full stored bill text
Req. No. 14690 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 3723 By: Shaw
AS INTRODUCED
An Act relating to green energy projects; requiring
vote of board of county commissioners before certain
projects can proceed; requiring certain submissions
to board of county commissioners; requiring certain
vote; requiring certain notifications; authorizing
citizens to undertake referendum petition; stating
requirements for referendum 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 commission of ballot title; requiring question
be presented to voters at next general election;
requiring certain notices be given before general
election; providing final outcome of vote be binding;
providing for codification; and declaring an
emergency.
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:
A. No industrial wind or solar project shall proceed to state
or regional permitting, siting review, or interconnection study,
including through any state agency or regional grid operator such as
Req. No. 14690 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
the Southwest Power Pool, unless and until a majority of the board
of county commissioners for each county within which the project's
boundary occurs has voted to approve the project.
B. At least sixty (60) days prior to the county vote, the
company proposing the project shall submit to the board of county
commissioners for each affected county:
1. Full engineering plans and specifications of the project;
2. Maps showing the project boundary and locations of major
components;
3. Environmental, noise, and traffic impact assessments;
4. Proposed construction schedule; and
5. Decommissioning and restoration plan.
C. The board of county commissioners shall place the vote on
its next regular meeting agenda and provide advance public notice in
a newspaper of general local circulation and any available social
media channels at least fifteen (15) days prior to the vote. The
project developer shall provide notice of said vote to all
landowners within the project boundary and those residing within a
five‑mile radius of the project boundary at least fifteen (15) days
prior to the meeting.
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:
Req. No. 14690 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
A. Citizens of a county that are in disagreement with the
outcome of the vote of a board of county commissioners pursuant to
subsection C of Section 1 of this act shall have the power to
institute a referendum petition as provided for by the Oklahoma
Constitution and as provided in this section.
B. 1. For purposes of this section, the form of the referendum
petition shall be substantially as provided in Section 1 of Title 34
of the Oklahoma Statutes. A true copy of each measure proposed by
referendum shall be filed with the secretary of the county election
board before it is circulated and signed by the registered voters.
2. Every petition for referendum 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 a petition invoking a referendum upon any
ordinance or resolution shall be submitted to the secretary of the
county election board within thirty (30) days after the passage or
adoption of the ordinance or resolution.
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
Req. No. 14690 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
county and on any available social media channels, a notice of the
filing and the apparent sufficiency or insufficiency of the
petition. The notice shall also state that any qualified elector in
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 a petition for a referendum 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 must 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
Req. No. 14690 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
contain the gist of the proposition couched in language that may be
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 (150) 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 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 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
Req. No. 14690 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
substitute ballot title for the one from which the appeal is taken.
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
one 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 board of
county commissioners in writing, and attach a copy of the petition
and ballot title.
G. Whenever a referendum is demanded against any measure passed
by the county governing body, the question shall be submitted to the
registered voters of the county for their approval or rejection at
the next general county election.
H. In addition to the procedural requirements of this section,
if signatures are successfully gathered and the ballot measure is
approved, notice of said ballot shall be provided by the board of
county commissioners in local newspapers and on any available social
media channels for two (2) weeks before the general county election.
The company proposing the industrial wind or solar project shall
Req. No. 14690 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
provide notice by U.S. mail of the ballot measure to all landowners
within the project boundary and all landowners within a radius of
five (5) miles of the perimeter of the project at least thirty (30)
days before the general county election.
I. If a referendum petition is sufficient and the measure is
submitted to and decided by a vote of the registered voters of the
county, the final outcome of such election shall be binding upon the
board of county commissioners and upon any company proposing,
constructing, or operating an industrial wind or solar project that
is the subject of the referendum. No such company shall proceed
with, resume, or continue development, construction, or operation of
the project in a manner inconsistent with the result approved by the
voters.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
60-2-14690 JBH 01/13/26