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An Act
ENROLLED SENATE
BILL NO. 713 By: Jech of the Senate
and
Newton of the House
An Act relating to wind energy facilities; defining
terms; requiring newly established facilities to
apply for certain light-mitigating technology systems
prior to commencement; establishing deadline for
installation after receipt of approval; requiring
existing wind energy facilities to apply for
installation of light-mitigating technology systems;
establishing deadline for installation after receipt
of approval; providing for issuance of revenue bond
by county; providing for cost recovery; directing
wind energy facilities to maintain operations in
accordance with certain rules; directing rule
promulgation; providing for codification; and
providing an effective date.
SUBJECT: Wind energy facilities
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 160.23 of Title 17, unless there
is created a duplication in numbering, reads as follows:
A. As used in this section:
1. “Light-mitigating technology system” means aircraft
detection lighting or any other comparable system capable of
reducing the impact of facility obstruction lighting while
maintaining conspicuity sufficient to assist aircraft in identifying
and avoiding collision with a wind energy facility;
ENR. S. B. NO. 713 Page 2
2. “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;
3. “Repowering” means a rebuild or refurbishment of a majority
of the wind energy facility due to the facility reaching the end of
its useful life or useful reasonable economic life. The rebuild or
refurbishment does not constitute repowering if it is part of
routine major maintenance or the maintenance of or replacement of
equipment that does not materially affect the expected physical or
economic life of the facility; and
4. “Power offtake agreement” means a long-term contract that
provides for the provision of the whole or any part of the available
capacity or the sale or other disposal of the whole or any part of
the output of a wind energy facility. Sales of capacity or energy
into a capacity or power market do not constitute a power offtake
agreement.
B. On and after January 1, 2026, no new wind energy facility
may commence operations in this state unless the developer, owner,
or operator of the facility applies to the Federal Aviation
Administration (FAA) for installation of a light-mitigating
technology system that complies with FAA regulations provided in 14
C.F.R., Section 1.1 et seq. and to the Federal Communications
Commission (FCC) regarding frequency licensing and antenna structure
registration, as applicable, as provided in 47 C.F.R., Sections
90.101 and 17.4. If approved by the FAA and the FCC, the developer,
owner, or operator of such facility shall install the light-
mitigating technology system on the facility within twenty-four (24)
months after receipt of approval.
C. 1. Any developer, owner, or operator of a wind energy
facility that commences commercial operations in this state on or
before the effective date of this act without a light-mitigating
ENR. S. B. NO. 713 Page 3
technology system shall apply to the FAA for installation of the
system in compliance with FAA regulations provided in 14 C.F.R.,
Section 1.1 et seq. and to the FCC regarding frequency licensing and
antenna structure registration, as applicable, as provided in 47
C.F.R., Sections 90.101 and 17.4 upon the occurrence of either:
a. the repowering of the wind energy facility, or
b. entrance into or renewal of a new power offtake
agreement.
2. Upon approval of the application submitted to the FAA and
the FCC in compliance with paragraph 1 of this subsection, the
developer, owner, or operator of such facility shall install the
light-mitigating technology system on the facility within twenty-
four (24) months after receipt of approval.
D. Any county may issue revenue bonds for the purpose of paying
all or part of the costs of the purchase, acquisition, and equipping
of a light-mitigating technology system, subject to the approval of
the FAA and FCC, for a wind energy facility that has commenced
operations without a light-mitigating technology system prior to the
effective date of this act.
E. Any costs associated with the installation, implementation,
operation, and maintenance of a light-mitigating technology system
shall be the responsibility of the developer, owner, or operator of
the wind energy facility. For public utilities subject to rate
regulation by the Corporation Commission, costs incurred directly by
the public utility in compliance with this act may seek recovery
subject to review and order of the Corporation Commission.
F. Wind energy facilities shall maintain operations of
installed light-mitigating technology systems in accordance with
Corporation Commission rule.
G. The Corporation Commission shall have the authority to
enforce the provisions of this section and may promulgate rules to
effectuate the provisions of this section.
SECTION 2. This act shall become effective January 1, 2026.
ENR. S. B. NO. 713 Page 4
Passed the Senate the 20th day of May, 2025.
Presiding Officer of the Senate
Passed the House of Representatives the 1st day of May, 2025.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of __________________, 20 _______, at _______ o'clock _______ M.
By: _________________________________