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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
CONFERENCE COMMITTEE SUBSTITUTE
FOR ENGROSSED
SENATE BILL NO. 2 By: Paxton, Thompson, and
Seifried of the Senate
and
Caldwell (Trey) of the
House
CONFERENCE COMMITTEE SUBSTITUTE
<StartFT>An Act relating to the Oklahoma Wind Energy
Development Act; amending 17 O.S. 2021, Section
160.13, which relates to definitions; adding
definitions; updating statutory language;
establishing certain setback requirements; stating
exceptions; stating applicability; providing end
date; providing for codification; and providing an
effective date. <EndFT>
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 17 O.S. 2021, Section 160.13, is
amended to read as follows:
Section 160.13. As used in the Oklahoma Wind Energy Development
Act:
1. “Abandonment” means the failure to generate electricity from
commercial wind energy equipment for a period of twenty-four (24)
consecutive months for reasons other than curtailment, repowering, a
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valid judicial order or other governmental regulatory action, with
no pending negotiations for purchase. A wind energy facility shall
not be considered abandoned if the owner or operator has elected not
to run the facility, but it has been maintained in proper working
order and is capable of generating electricity;
2. “Commencement of construction” means beginning excavation of
wind turbine foundations or other actions relating to the actual
erection and installation of commercial wind energy equipment. It
shall not include erection of meteorological towers, environmental
assessments, surveys, preliminary engineering or other activities
associated with assessment of development of the wind resources on a
given parcel of property;
3. “Commercial generation date” means the date on which the
wind turbine in question first generates electrical energy in
commercial quantities;
4. “Commercial wind energy equipment” means a wind tower and
turbine with five hundred (500) kilowatts (500kw) or greater of
total nameplate generating capacity;
5. “Commercial quantities” means an amount of electrical energy
sufficient for sale or use off-site from a wind turbine or wind
energy facility, and shall not include amounts of electrical energy
used only for the maintenance or testing of the wind turbine or wind
energy facility itself;
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6. “Dwelling” means a structure occupied by one or more persons
for at least six (6) months during a single calendar year or which
is occupied by one or more persons for an average of more than fifty
percent (50%) of the time during any other period of time in excess
of one (1) year. As used in this section, dwelling shall not
include a motor home or recreational vehicle;
7. “Nonparticipating property line” means the property boundary
of a parcel not subject to a written agreement with the owner or
operator of a wind energy facility concerning siting, compensation,
easement, or participation;
8. “Owner” means the entity having a majority equity interest
in commercial wind energy equipment, including their respective
successors and assigns;
9. “Tip height” means the maximum height of a wind turbine
measured from the ground to the tip of the blade at its highest
point of rotation;
7. 10. “Useful life” means the time during which a wind turbine
or wind energy facility is generating electricity in commercial
quantities;
8. 11. “Wind turbine” means a wind energy conversion system
which converts wind energy into electricity through the use of a
wind turbine generator and includes the turbine, blade, tower, base
and pad transformer, if any; and
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9. 12. “Wind energy facility” means an electrical generation
facility consisting of one or more wind turbines under common
ownership or operating control, and includes substations,
meteorological data towers, aboveground and underground electrical
transmission lines, transformers, control systems, and other
buildings or facilities used to support the operation of the
facility, and whose primary purpose is to supply electricity to an
off-site customer or customers. Wind energy facility shall not
include a wind energy facility located entirely on property held in
fee simple absolute estate by the owner of the wind energy facility.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 160.20.1 of Title 17, unless
there is created a duplication in numbering, reads as follows:
A. Commercial wind energy equipment shall:
1. Not be located within two and one-half times the tip height
from the outer wall of a dwelling unless waived in writing by the
owner of the dwelling and filed of record with the county clerk in
the county where the tract or tracts are located; and
2. Not be located within one and one-half times the tip height
of a nonparticipating property line unless waived in writing by the
owner of the relevant nonparticipating property and filed of record
with the county clerk in the county where the tract or tracts are
located.
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B. Setbacks shall be measured from the closest part of the wind
turbine base to the outer wall of the dwelling or nonparticipating
property line using standard industry practices, and no extra
setback or buffer is required.
C. The provisions of this section shall not apply to small or
community-scale wind systems serving on-site load with a rated
capacity of less than one (1) megawatt.
D. The provisions of this section shall apply to wind energy
facilities and applications for which a lease has been signed, the
entirety of the site control for the project is obtained, and the
developer has filed for a queue position with the Southwest Power
Pool.
E. The provisions of this section shall be in effect until
November 1, 2028.
SECTION 3. This act shall become effective November 1, 2026.
60-2-3848 CN 5/7/2026 10:44:39 AM