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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 429 By: Hamilton
AS INTRODUCED
An Act relating to wind energy facilities; 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; providing setback requirements for wind
towers from certain dwellings and property
boundaries; updating statutory language; 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:
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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;
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. After June 1, 2025, 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 nearest
point on the outside wall of any residential dwelling; and
2. One and one-half (1 1/2) nautical miles from the nearest
point of any nonparticipating property.
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
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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 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
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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.
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. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
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declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
60-1-1112 RD 1/14/2025 3:51:20 PM