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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1263 By: Hays
AS INTRODUCED
An Act relating to wind energy facilities; requiring
the Oklahoma Water Resources Board conduct certain
study; detailing study requirements ; requiring
certain collaboration; requiring report be submitted
by certain date; 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; modifyi ng date;
requiring setback from residential housing and
certain lakes; requiring greater setback distance for
towers exceeding a certain height; providing for
codification; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE ST ATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1021.23 of Title 82, unless
there is created a duplication in numbering, reads as follows:
A. The Oklahoma Water Resources Board shall conduct a detailed
study to assess the effects of the placement of wind turbine
footings on the state’s aquifers and groundwater resources.
B. The study shall include, but shall not be limited to:
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1. Analysis of the physical impact of wind tu rbine
construction, including the placement of footings, on aquifer
integrity;
2. Assessment of potential changes in groundwater flow,
availability, and quality;
3. Evaluation of cumulative impacts in areas with high
concentrations of wind turbines; and
4. Recommendations for mitigating any identified adverse
effects.
C. The Board shall collaborate with relevant state and federal
agencies, academic institutions, and stakeholders, including
representatives from the wind energy industry, agricultural sect or,
and environmental organizations, to ensure the study is
comprehensive and inclusive.
D. The Board shall submit a report detailing its findings and
recommendations to the Governor, the Speaker of the Oklahoma House
of Representatives, and the President Pro Tempore of the Oklahoma
State Senate no later than December 31, 2026.
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. 1. After August 21, 2015 November 1, 2025,
no wind energy facility may be constructed if the base of any tower
is located at a distance of less than:
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1. One
a. one and one-half (1 1/2) nautical miles from the
center line of any runway located on:
a.
(1) a public-use airport as defined in Secti on 120.2
of Title 3 of the Oklahoma Statutes, or
b.
(2) an airport owned by a municipality ;,
2. One
b. 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
c. one and one-half (1 1/2) nautical miles from a
hospital,
d. one and one-half (1 1/2) nautical miles from any
residential home, or
e. forty (40) nautical miles from any lake with a normal
level surface area that is in excess of ten thousand
(10,000) surface acres .
2. For any wind turbine tower that exceeds five hundred (500)
feet in height, the setback distance specified in subparagraphs a,
b, c, and d of paragraph 1 on this subsection shall be three (3)
nautical miles.
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B. 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 of this section shall fall und er the exclusive
jurisdiction of the district courts. The Corporation Commiss ion 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, 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 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 FAA 7460 -1 form that is part of
a wind energy facility may be constructe d or expanded unless there
is an active Determination of No Hazard from the FA A 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 docum entation from the Clearinghouse
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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
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.
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 ot her individual
structure prior to the start of construction, the owner shall b e
subject to an administrative penalty not to exceed One Thousand Five
Hundred Dollars ($1,500.00) per day, per violation from the
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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 s ubsection C of
this section other than Corporation Commission actions related to
submissions or attestations.
SECTION 3. This act shall become effective November 1, 2025.
60-1-10361 JBH 01/13/25