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An Act
ENROLLED SENATE
BILL NO. 730 By: Hines of the Senate
and
Miller, Crosswhite Hader,
and Hill of the House
An Act relating to the Oklahoma Department of
Aerospace and Aeronautics; amending 3 O.S. 2021,
Section 85, as last amended by Section 1, Chapter
452, O.S.L. 2024 (3 O.S. Supp. 2024, Section 85),
which relates to the Department and its Director’s
powers and duties; requiring Department to develop
certain program; requiring Department to adopt
certain plan; modifying qualification for certain
financial assistance; updating statutory language;
updating statutory reference; and providing an
effective date.
SUBJECT: Airport infrastructure development
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 3 O.S. 2021, Section 85, as last
amended by Section 1, Chapter 452, O.S.L. 2024 (3 O.S. Supp. 2024,
Section 85), is amended to read as follows:
Section 85. A. The Oklahoma Department of Aerospace and
Aeronautics and its Director acting under its authority is empowered
and directed to encourage, foster, and assist in the development of
aerospace and aeronautics in this state and to encourage the
establishment of airports and air navigation facilities. It shall
cooperate with and assist the federal government, the municipalities
of this state, and other persons in the development of aerospace and
aeronautics, and shall seek to coordinate the aeronautical
ENR. S. B. NO. 730 Page 2
activities of these bodies and persons. Municipalities are
authorized to cooperate with the Department in the development of
aeronautics and aeronautical facilities in this state.
B. The Department may organize and administer an aerospace and
aviation education program in cooperation with the schools,
colleges, and for the general public, and may prepare and conduct
voluntary flight clinics for airmen and issue such bulletins and
publications as may be required. This program shall be known and
may be cited as the “AeroSPACE Program” or “Aero Student Pathways
for Aerospace Careers and Education”. This program shall be a
partnership with primary, secondary, career technology, and higher
education providers to respond to the workforce needs of the
aviation and aerospace industry by promoting and organizing quality
curriculum, enhanced classroom instruction, and research-based
educational programs. The AeroSPACE Program shall collaborate with
industry and act as the facilitator for the collection and sharing
of information, development and implementation of activities, and
the dissemination of resources concerning aerospace education with
the primary goal being to establish a common statewide strategy for
implementing aerospace educational curriculum initiatives to better
prepare students for an aviation and aerospace career. The Oklahoma
Aeronautics Commission may employ established program processes or
contract with other qualified entities to operate the AeroSPACE
Program. The Oklahoma Aeronautics Commission may accept funding
that includes, but is not limited to, donations, contractual
arrangements, in-kind services, federal or state appropriations, and
grants.
C. The Department shall assist in all aeronautical matters
related to emergency management actions in conformance with federal
directions and with the Emergency Operations Plan of the state.
D. The Department may establish air markers throughout the
state.
E. The Department may purchase and install roadside signs
directing highway traffic to airports, subject to approval of the
State Transportation Commission.
F. The Department shall:
ENR. S. B. NO. 730 Page 3
1. Draft and recommend necessary legislation to advance the
interests of the state in aerospace and aeronautics;
2. Represent the state in aeronautical matters before federal
agencies and other state agencies; and
3. Participate as party plaintiff or defendant or as intervener
on behalf of the state or any municipality or citizen thereof in any
proceeding which involves the interest of the state in aerospace or
aeronautics.
G. 1. The Department shall develop and adopt a five-year
Airport Construction Program on an annual basis which lists federal
and state funding that the Department has available for the
development of airport infrastructure. In addition, the Department
shall adopt a statewide airport system plan on a regular basis which
details the twenty-year planning horizon for publicly owned, public-
use airports and sets the service level, role, and functional
classification of airports within the Oklahoma Airport System. The
system plan will be made available to the public and shall serve as
the Department’s official document which guides the programming of
public funds for airport infrastructure. An airport must be
included in the system plan to be eligible for funding.
2. The development of the five-year Airport Construction
Program shall begin with supporting and achieving the goals laid out
in the statewide airport system plan and will be guided by the air
transportation needs and priorities of airports within the system.
The basic goals within the system plan include, but are not limited
to, airport safety, security, infrastructure preservation and
sustainment, economic enhancement, capacity, meeting Federal
Aviation Administration (FAA) or Department standards, and pro-
growth development.
3. The Department shall involve public input during the
development of the five-year Airport Construction Program each year
and coordinate and receive input from the airports within the
statewide airport system plan.
4. The Department shall set realistic project delivery
schedules across the five-year window of the Airport Construction
ENR. S. B. NO. 730 Page 4
Program to maintain the integrity of the Program and to minimize air
transportation disruptions.
H. 1. The Department may, insofar as is reasonably possible,
make available its engineering and other technical services to any
municipality or person desiring them in connection with the
planning, acquisition, construction, improvement, maintenance, or
operation of airports or navigation facilities.
2. The Department may render financial assistance by grant or
loan or both to any municipality or municipalities acting jointly in
the planning, acquisition, construction, improvement, maintenance,
or operation of an airport owned or controlled, or to be owned or
controlled, by such municipality or municipalities, out of
appropriations or other monies made available by the Legislature for
such purposes. Such financial assistance may be furnished in
connection with federal or other financial aid for the same
purposes. A project must have been included in the five-year
Airport Construction Program and be at an airport that is included
in the most current version of the statewide airport system plan to
receive financial assistance.
3. The Department shall be designated as the agent of this
state or political subdivision of this state for the purpose of
applying for, receiving, administering, and disbursing federal funds
and other public monies for the benefit of general aviation
airports, except reliever airports, as may be available under
applicable federal law or other laws. If requested by a political
subdivision, the Department may act as its or their agent in
contracting for and supervising such planning, acquisition,
construction, improvement, maintenance, or operation; and all
political subdivisions are authorized to designate the Department as
their agent for the foregoing purposes. The Department, as
principal on behalf of the state, may enter into any contracts with
the United States or with any person, which may be required in
connection with a grant or loan of federal monies for municipal
airport or air navigation facility purposes. All federal monies
accepted under this section shall be accepted and transferred or
expended by the Department upon such terms and conditions as are
prescribed by the United States. All monies received by the
Department pursuant to this section shall be deposited in the
Oklahoma Department of Aerospace and Aeronautics Revolving Fund in
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the State Treasury and shall be paid out by the Department in
accordance with the terms and conditions of any agreement entered
into under the provisions of this section.
H. I. 1. The Department is authorized on behalf of and in the
name of the state, out of appropriations and other monies made
available for such purposes, to plan, zone, establish, construct,
enlarge, improve, maintain, equip, operate, regulate, protect, and
police airports and air navigation facilities, either within or
without the state, including the construction, installation,
equipping, maintenance, and operation at such airports of buildings
and other facilities for the servicing of aircraft or for the
comfort and accommodation of air travelers. However, the regulatory
authority shall not extend to any airman employed by, nor to any
aeronautics facility or aircraft under the exclusive possession,
operation, or control of, a person holding a certificate of public
convenience and necessity issued by any agency of the United States
to operate as a common carrier by air of persons and/or property in
interstate commerce. For such purposes the Department may, by
purchase, gift, devise, or lease, acquire property, real or
personal, or any interest therein including easements in
aeronautical hazards or land outside the boundaries of an airport or
airport site, as are necessary to permit safe and efficient
operation of the state airports or to permit the removal,
elimination, obstruction-marking or obstruction-lighting of airport
hazards, or to prevent the establishment of airport hazards. In
like manner the Department may acquire existing airports and air
navigation facilities. However, the Department shall not acquire or
take over any airport or air navigation facility owned or controlled
by a municipality of this or any other state without the consent of
such municipality. The Department may, by sale, lease, or
otherwise, dispose of any such property, airport, air navigation
facility, or portion thereof or interest therein. The disposal, by
sale, lease, or otherwise, shall be in accordance with the laws of
this state governing the disposition of other property of the state,
except that, in the case of disposals to any municipality or state
government or the United States for aeronautical purposes incident
thereto, the sale, lease, or other disposal may be effected in such
manner and upon such terms as the Department may deem in the best
interest of the state.
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2. All airports owned by the state shall be within the primary
jurisdiction of the Oklahoma Department of Aerospace and Aeronautics
for purposes of design, development, and operation; provided, that
airports owned and operated by the Oklahoma Space Industry
Development Authority shall be exempt from such provisions, and
during the time of a national emergency, the Air National Guard
shall be exempt from such provisions, and provided further, that any
airport owned by the state may be leased by the Department to a
public or private agency, as it may deem fit.
3. Nothing contained in the Oklahoma Department of Aerospace
and Aeronautics Act shall be construed to limit any right, power, or
authority of the state or a municipality to regulate airport hazards
by zoning.
4. The Department may exercise any powers granted by this
section jointly with any municipalities or with the United States.
5. a. In operating an airport or air navigation facility
owned or controlled by the state, the Department may
enter into contracts, leases, and other arrangements
for a term not exceeding twenty-five (25) years with
any persons granting the privilege of using or
improving such airport or air navigation facility or
any portion or facility thereof or space therein for
commercial purposes; conferring the privilege of
supplying goods, commodities, things, services, or
facilities at such airport or air navigation facility;
or making available services to be furnished by the
Department or its agents at such airport or air
navigation facility.
In each such case the Department may establish the
terms and conditions and fix the charges, rentals, or
fees for the privileges or services, which shall be
reasonable and uniform for the same class of
privileges or services and shall be established with
due regard to the property and improvements used and
the expenses of operation to the state; provided, that
in no case shall the public be deprived of its
rightful, equal, and uniform use of the airport, air
navigation facility or portion or facility thereof.
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b. The Department may by contract, lease, or other
arrangement, upon a consideration fixed by it, grant
to any qualified person for a term not to exceed
twenty-five (25) years the privilege of operating, as
agent of the state or otherwise, any airport owned or
controlled by the state; provided, that no such person
shall be granted any authority to operate the airport
other than as a public airport or to enter into any
contracts, leases, or other arrangements in connection
with the operation of the airport which the Department
might not have undertaken under subparagraph a of this
paragraph.
c. To enforce the payment of any charges for repairs to,
or improvements, storage, or care of, any personal
property made or furnished by the Department or its
agents in connection with the operation of an airport
or air navigation facility owned or operated by the
state, the state shall have liens on such property,
which shall be enforceable by the Department as
provided by law.
6. In accepting federal monies under this section, the
Department shall have the same authority to enter into contracts on
behalf of the state as is granted to the Department under paragraph
3 of subsection G H of this section with respect to federal monies
accepted on behalf of municipalities. All monies received by the
Department pursuant to this section shall be deposited in the
Oklahoma Department of Aerospace and Aeronautics Revolving Fund in
the State Treasury and shall be paid out of the Department Fund in
accordance with the terms and conditions of any agreement entered
into under the provisions of this section.
7. The Department shall grant no exclusive right for the use of
any airport or air navigation facility under its jurisdiction. This
shall not be construed to prevent the making of contracts, leases,
and other arrangements pursuant to paragraph 5 of this subsection.
I. J. The Department may enter into any contracts necessary to
the execution of the powers granted it by the Oklahoma Department of
Aerospace and Aeronautics Act. All contracts made by the
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Department, either as the agent of the state or as the agent of any
municipality, shall be made pursuant to the laws of the state
governing the making of like contracts. When the planning,
acquisition, construction, improvement, maintenance, or operation of
any airport or air navigation facility is financed wholly or
partially with federal monies, the Department as agent of the state
or of any municipality may let contracts in the manner prescribed by
the federal authorities acting under the laws of the United States
and any rules or regulations made thereunder.
J. K. 1. The Commission, the Director, or any officer or
employee of the Department designated by it shall have the power to
hold investigations, inquiries, and hearings concerning matters
covered by the provisions of the Oklahoma Department of Aerospace
and Aeronautics Act and the rules, regulations, and orders of the
Department. Hearings shall be open to the public and shall be held
upon such call or notice as the Commission shall deem advisable.
Each member of the Commission, the Director, and every officer or
employee of the Department designated by it to hold any inquiry,
investigation, or hearing shall have the power to administer oaths
and affirmations, certify to all official acts, issue subpoenas, and
order the attendance and testimony of witnesses and the production
of papers, books, and documents. In case of the failure of any
person to comply with any subpoena or order issued under the
authority of this subsection, or on the refusal of any witness to
testify to any matters regarding which he may be lawfully
interrogated, it shall be the duty of the district court of any
county or of the judge thereof, on application of the Department or
its authorized representative, to compel obedience by proceedings
for contempt, as in the case of disobedience of the requirements of
a subpoena issued from such court or a refusal to testify therein.
2. In order to facilitate the making of investigations by the
Department in the interest of public safety and promotion of
aeronautics the public interest requires, and it is therefore
provided, that the reports of investigations or hearings, or any
part thereof, shall not be admitted in evidence or used for any
purpose in any suit, action, or proceeding growing out of any matter
referred to in the investigation, hearing, or report thereof, except
in case of any suit, action, or proceeding, civil or criminal,
instituted by or in behalf of the Department or in the name of the
state under the provisions of the Oklahoma Department of Aerospace
ENR. S. B. NO. 730 Page 9
and Aeronautics Act or other laws of the state relating to
aeronautics; nor shall any member of the Commission, or the
Director, or any officer or employee of the Department be required
to testify to any facts ascertained in, or information gained by
reason of, such person’s official capacity, or be required to
testify as an expert witness in any suit, action, or proceeding
involving any aircraft. Subject to the foregoing provisions, the
Department may in its discretion make available to appropriate
federal, state and municipal agencies information and material
developed in the course of its investigations and hearings.
K. L. 1. The Department is authorized to confer with or to
hold joint hearings with any agency of the United States in
connection with any matter arising under the Oklahoma Department of
Aerospace and Aeronautics Act or relating to the sound development
of aerospace and aeronautics.
2. The Department is authorized to avail itself of the
cooperation, services, records, and facilities of the agencies of
the United States as fully as may be practicable in the
administration and enforcement of the Oklahoma Department of
Aerospace and Aeronautics Act. The Department shall furnish to the
agencies of the United States its cooperation, services, records,
and facilities, insofar as may be practicable.
3. The Department shall report to the appropriate agency of the
United States all accidents in aeronautics in this state of which it
is informed and shall, insofar as is practicable, preserve, protect,
and prevent the removal of the component parts of any aircraft
involved in an accident being investigated by it until the federal
agency institutes an investigation.
L. M. The Department may organize and administer an aerospace
education program in cooperation with universities, colleges and
schools for the general public. The Department may also plan and
act jointly in a cooperative aviation research or high technology
program. As part of these programs, the Department may issue
aviation communication films and publications.
M. N. The Department shall administer an airport inspection
program for all public-use airports within this state. The
inspection program shall occur on a three-year cycle and shall be
ENR. S. B. NO. 730 Page 10
administered by the Oklahoma Department of Aerospace and
Aeronautics. Airport owners, including individuals and
municipalities, shall provide access to airport facilities for
conducting the inspections. The Department shall provide a written
report to each public-use airport detailing the findings of such
inspections.
SECTION 2. This act shall become effective November 1, 2025.
ENR. S. B. NO. 730 Page 11
Passed the Senate the 24th day of March, 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: _________________________________