Oklahoma 2024 Regular Session

Oklahoma Senate Bill SB764

Introduced
2/6/23  

Caption

Airspace; removing exceptions for wind and solar energy agreements. Effective date.

Impact

The passage of SB764 would lead to significant changes in how airspace regulations are applied in Oklahoma. It would clarify the legality of titles, estates, rights, and interests in airspace, as it would no longer be governed by exceptions for renewable energy agreements. The implication is that property owners would have broader rights over their airspace, which might facilitate various developments, including vertical construction and aerial navigation rights.

Summary

Senate Bill 764, introduced by Senator Hicks, aims to amend existing Oklahoma laws concerning airspace as real property. The bill seeks to remove the exceptions for wind and solar energy agreements found in previous legislation. By doing so, it reinforces the principle that airspace is considered part of the property rights of the individuals or entities holding the land beneath it, allowing for greater flexibility in the legal management of airspace and potentially opening up avenues for new agreements.

Contention

The bill is likely to evoke differing opinions regarding its impact on renewable energy initiatives in Oklahoma. Proponents argue that removing the exceptions could streamline property rights and encourage new investments in airspace usage without the restrictions previously imposed by wind and solar agreements. Conversely, opponents may express concerns that this shift could hinder the growth of renewable energy projects by creating friction between landowners and energy developers, potentially complicating future energy agreements.

Legal_changes

In addition to amending sections related to airspace ownership, SB764 also repeals the Airspace Severance Restriction Act. This repeal indicates a legislative intent to simplify property law concerning airspace, further indicating a move towards deregulation in this sector. The effective date for these changes is set for November 1, 2023, allowing for a new legal landscape surrounding airspace and its distinctions as property in Oklahoma.

Companion Bills

OK SB764

Carry Over Airspace; removing exceptions for wind and solar energy agreements. Effective date.

Previously Filed As

OK SB764

Airspace; removing exceptions for wind and solar energy agreements. Effective date.

OK HB1023

Property; owners association; solar energy; effective date.

OK SB669

Driver licenses; clarifying language; removing certain limitation; removing certain exceptions; removing certain license renewal requirement; removing certain presumption; removing certain application. Effective date.

OK SB770

Corporation Commission; requiring Commission to establish procedures for unitized management of wind and solar energy. Effective date.

OK SB767

Oklahoma Wind Energy Development Act; clarifying notice to be provided. Effective date.

OK SB526

Teachers; removing and repealing language related to the Teacher and Leader Effectiveness Evaluation System. Effective date. Emergency.

OK SB427

Utility vehicles; removing prohibition on certain vehicles operating on certain roadways. Effective date.

OK SB690

Oklahoma Vehicle License and Registration Act; expanding exceptions for prohibition on title transfer. Effective date.

OK SB355

Firearms; removing certain unlawful transport of a weapon; modifying fines; removing certain exception. Effective date.

OK HB1039

Revenue and taxation; franchise tax; removing levy of tax after certain year; effective date; emergency.

Similar Bills

No similar bills found.