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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 1012 By: Murdock
AS INTRODUCED
An Act relating to the Oklahoma Wind Energy
Development Act; amending 17 O.S. 2021, Section
160.20, as amended by Section 21, Chapter 126, O.S.L.
2023 (17 O.S. Supp. 2024, Section 160.20), which
relates to setback requirements for wind energy
facilities; establishing waiver process for certain
setback provisions; updating statutory language;
providing an effective date; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 17 O.S. 2021, Section 160.20, as
amended by Section 21, Chapter 126, O.S.L. 2023 (17 O.S. Supp. 2024,
Section 160.20), is amended to read as follows:
Section 160.20. A. After August 21, 2015, no wind energy
facility may be constructed if the base of any tower is located at a
distance of less than:
1. One and one-half (1 1/2) nautical miles from the center line
of any runway located on:
a. a public-use airport as defined in Section 120.2 of
Title 3 of the Oklahoma Statutes, or
b. an airport owned by a municipality;
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2. One and one-half (1 1/2) nautical miles from any public
school which is a part of a public school district; or
3. One and one-half (1 1/2) nautical miles from a hospital.
B. The setback distances prescribed in paragraphs 2 and 3 of
subsection A of this section may be waived by a majority vote of the
applicable school board or by a hospital board of directors or other
governing body. Any approved waiver shall be submitted in writing,
signed by all parties, by the wind energy facility operator to the
Corporation Commission.
C. Attestation of compliance with the setback requirements in
this section shall be included in any reports required by the
Corporation Commission. Stakeholder and landowner disputes arising
under subsection A or B of this section shall fall under the
exclusive jurisdiction of the district courts. The Corporation
Commission may seek enforcement of the submission and attestation
requirements of this subsection and subsection C D of this section
through its administrative court system.
C. D. After April 3, 2018, construction or operation of a
proposed individual wind turbine or any other individual structure
requiring a Federal Aviation Administration (FAA) Form 7460-1 that
is part of a wind energy facility shall not encroach upon or
otherwise have a significant adverse impact on the mission, training
or operations of any military installation or branch of military as
determined by the Military Aviation and Installation Assurance
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Siting Clearinghouse (Clearinghouse) and the FAA. Areas of impact
include, but are not limited to, military training routes, drop
zones, approaches to runways and bombing ranges. No individual wind
turbine or any other individual structure that requires a an FAA
7460-1 form that is part of a wind energy facility may be
constructed or expanded unless there is an active Determination of
No Hazard from the FAA and adverse impacts to the United States
Department of Defense, pursuant to Title 32 of the Code of Federal
Regulations, Section 211.6, have been resolved as evidenced by
documentation from the Clearinghouse for the individual wind turbine
or other individual structure. The Mission Compatibility
Certification Letter or successor form may serve as such evidence of
adverse impacts being resolved with the Department of Defense or
successor agency.
1. The Determination of No Hazard and documentation of the
resolution of adverse impacts to the Department of Defense shall be
filed with the Corporation Commission and the Oklahoma Department of
Aerospace and Aeronautics.
2. The requirements established by this subsection shall not
prohibit the construction of an individual wind turbine or any other
individual structure requiring a an FAA 7460-1 form that is part of
a wind energy facility if that individual wind turbine or other
individual structure has received a Determination of No Hazard or
mitigation plan on or before April 3, 2018.
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3. The Corporation Commission is authorized to promulgate rules
and regulations for the implementation of the provisions of this
section and Section 160.21 of this title.
D. E. If an owner of a wind energy facility fails to submit an
active Determination of No Hazard and documentation that adverse
impacts to the Department of Defense have been resolved by the
Clearinghouse for the individual wind turbine or other individual
structure prior to the start of construction, the owner shall be
subject to an administrative penalty not to exceed One Thousand Five
Hundred Dollars ($1,500.00) per day, per violation from the
Corporation Commission as provided by law. In addition,
stakeholders, including, but not limited to, the Corporation
Commission or the Oklahoma Department of Aerospace and Aeronautics
may institute an action in any court of general jurisdiction to
prevent, restrain, correct, or abate any violation of subsection C D
of this section other than Corporation Commission actions related to
submissions or attestations.
SECTION 2. This act shall become effective July 1, 2025.
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.
60-1-588 RD 1/16/2025 2:23:08 PM