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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1989 By: Turner
AS INTRODUCED
An Act relating to wind farms; amending 17 O.S. 2021,
Section 160.20, as amended by Section 21, Chapter
126, O.S.L. 2023 (17 O.S. Supp. 2 024, Section
160.20), which relates to setback requirements;
modifying date; modifying list of setbacks; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 1 7 O.S. 2021, Section 160.20, as
amended by Section 21, Chapter 126, O.S.L. 202 3 (17 O.S. Supp. 2024,
Section 160.20), is amended to read as follows:
Section 160.20. A. 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:
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
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b. an airport owned by a municipality;
2. One and one-half (1 1/2) nautical miles from an y 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 ; or
4. Two (2) nautical miles from a wildlife refuge, wildlife
management area, a body of water that is regarded as a habitat for
migrating waterfowl or any active aquifer .
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 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, 2018, construction or operation of a proposed
individual wind turbine or any other individual structure requiring
a Federal Aviation Administrat ion (FAA) Form 7460-1 that is part of
a wind energy facility shall not encroac h 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
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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 expanded unless there
is an active Determination of No Hazard from the FAA and adverse
impacts to the United States Department of Defense, pursua nt 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 structure. The
Mission Compatibility Certification Letter or succ essor form may
serve as such evidence of adverse impacts being resolved with t he
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 pr omulgate rules
and regulations for the implementation of the provisions of this
section and Section 160.21 of this title.
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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 i ndividual wind turbine or other individual
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.
SECTION 2. This act shall become effective November 1, 2025.
60-1-11795 JBH 01/16/25