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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1044 By: Jenkins
AS INTRODUCED
An Act relating to wind energy facilities; creating
the Vital Industries Security Act of 2025; 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 setbacks;
authorizing county commissions to make certain
moratorium declaration; providing for
noncodification; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
This act shall be known and may be cited as the "Vital
Industries Security Act of 2025".
SECTION 2. 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, 201 5, no wind energy
facility may be constructed if the base of any tower is loca ted at a
distance of less than:
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1. One and one-half (1 1/2) nautical miles from the center line
of any runway located on:
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. Attestation of compliance with the setback requirements in
this section shall be included in any reports required by the
Oklahoma Corporation Commission. Stakeholder and landowner disputes
arising under subsection A 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 of this section
through its administrative court system.
C. After April 3, 201 8, construction or operation of a proposed
individual wind turbine or any othe r individual structure requiring
a Federal Aviation Administration (FAA) Form 7460 -1 that 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
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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 FAA 7460 -1 form that is part of
a wind energy facility may be constructed or expa nded 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 str ucture. 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 es tablished by this subsection shall not
prohibit the construction of an individ ual wind turbine or any other
individual structure requiring a 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.
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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. 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 indiv idual
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 of
this section other than Corporation Commission actions related to
submissions or attestations.
E. A county commission in any county in this state that is the
home to any facility spanning two or more counties that serves as a
primary hub for the sto rage, aggregation, and distribution of crude
oil through pipeline networks, an d that is recognized as a key
delivery point for crude oil futures contracts in national or
international markets , may declare a moratorium on the construction
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or expansion of wind energy facilities within the county
commission's area of jurisdiction.
SECTION 3. This act shall become effective November 1, 2025.
60-1-10992 JBH 12/17/24