Oklahoma 2025 Regular Session

Oklahoma House Bill HB2266 Compare Versions

Version 1 (Old)

Version 2 (New)

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	3	+	ENGR. H. B. NO. 2266 Page 1 1
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29		-	SENATE FLOOR VERSION
30		-	April 14, 2025
31		-	AS AMENDED
32		-
33	28		ENGROSSED HOUSE
34	29		BILL NO. 2266 By: Miller and Menz of the
35	30		House
36	31
37	32		and
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39	34		Rosino of the Senate
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45	40		An Act relating to aerospace; amending 3 O.S. 2021,
46	41		Section 101, which relates to definitions; defining
47	42		terms; amending 3 O.S. 2021, Section 102.1, as
48	43		amended by Section 12, Chapter 126, O.S.L. 2023 (3
49	44		O.S. Supp. 2024, Section 102.1), which relates to
50	45		permits for erection, alteration , or modification of
51	46		certain structures; modifying list requiring certain
52		-	permit; requiring certain airports be included in
53		-	statewide airport system plan; modifying certain list
54		-	of considerations; amending 3 O.S. 2021, Section 4 21,
55		-	as last amended by Section 15, Chapter 135, O.S.L.
56		-	2024 (3 O.S. Supp. 2024, Section 421), which relates
57		-	to Department of Aerospace and Aeronautics
58		-	established as clearinghouse for unmanned aircraft
59		-	systems; requiring implementation of certain
60		-	strategy; authorizing certain actions; authorizing
61		-	certain partnerships; and providing an effective
62		-	date.
	47	+	permit; detailing federal obstruction standards;
	48	+	requiring certain airports be included in statewide
	49	+	airport system plan; modifying certain list of
	50	+	considerations; amending 3 O.S. 2021, Section 421, as
	51	+	last amended by Section 15, Chapter 135, O.S.L. 2024
	52	+	(3 O.S. Supp. 2024, Section 421), which relates to
	53	+	Department of Aerospace and Aeronautics established
	54	+	as clearinghouse for unmanned aircraft systems;
	55	+	requiring implementation of certain strategy;
	56	+	authorizing certain actions; authorizing certain
	57	+	partnerships; and providing an effective date.
	58	+
	59	+
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67	64		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
68	65		SECTION 1. AMENDATORY 3 O.S. 2021, Section 101, is
69	66		amended to read as follows:
70	67		Section 101. As used in this act, unless the context otherwise
71	68		requires:
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	70	+	ENGR. H. B. NO. 2266 Page 2 1
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99	95		(1) 1. "Airport" means an area of land or water that is used or
100	96		intended to be used for the landing and taking off of aircraft
101	97		including its buildings and facilities, if any .;
102	98		(2) 2. "Airport hazard" means any structure, object of natural
103	99		growth or use of land which obs tructs the airspace required for the
104	100		flight of aircraft in landing or taking off at an airport or is
105	101		otherwise hazardous to such landing or taking off of aircraft .;
106	102		(3) 3. "Airport hazard area" means any area of land or water
107	103		upon which an airport hazard might be establish ed if not prevented
108	104		as provided in this act .;
109	105		(4) 4. "Heliport" means an area of land, water , or structure
110	106		used or intended to be used for the landing and takeoff of
111	107		helicopters and includes its buildings and facilities ;
112	108		5. "Political subdivision" means any municipality, city, town,
113	109		village, or county.;
114	110		(5) 6. "Person" means any individual, firm, copartnership,
115	111		corporation, company, association, joint stock association, or body
116	112		politic, and includes any trustee, receiver, assignee, or other
117	113		similar representative thereof.;
118	114		(6) 7. "Structure" means any object constructed or installed by
119	115		man, including, but without limitation, buildings, towers,
120	116		smokestacks, and overhead transmission lines .;
121		-	(7) 8. "Tree" means any object of natural ~~growth~~ .; ~~and~~
	117	+	(7) 8. "Tree" means any object of natural grow th.;
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	119	+	ENGR. H. B. NO. 2266 Page 3 1
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149		-	9. "VTOL aircraft" means an aircraft which has vertical takeoff
150		-	and landing capability.
	144	+	9. "Vertiport" means an area of land, water, or structure used
	145	+	or intended to be used for the landing and takeoff of VTOL aircraft ;
	146	+	and
	147	+	10. "VTOL aircraft" means an aircraft which has vertical
	148	+	takeoff and landing capability.
151	149		SECTION 2. AMENDATORY 3 O.S. 2021, Section 102.1, as
152	150		amended by Section 12, Chapter 126, O.S.L. 2023 (3 O.S. Supp. 2024,
153	151		Section 102.1), is amended to read as follows:
154	152		Section 102.1. A. In order to prevent the erection of
155	153		structures dangerous to air na vigation, subject to the provisions of
156	154		subsections B, C and D of this section, each person shall secure
157	155		from the local airport zoning authority, or in the absence of a
158	156		local airport zoning authority, the Oklahoma Department of Aerospace
159	157		and Aeronautics, a permit for the ere ction, alteration, or
160	158		modification of any structure the result of which would exceed the
161	159		federal obstruction standards as contained in 14 CFR, Part 77.
162	160		Permits from the local airport zoning authority will be required
163	161		only within an airpo rt hazard area where federal standards are
164	162		exceeded and if the proposed construction is within:
165	163		1. A 10-nautical mile radius of the geographical center of a
166	164		publicly owned or operated airport, a military airport, or an
167	165		airport open for public use which has a published inst rument
168	166		approach procedure;
169		-	2. A 6-nautical mile radius of the geographical center of a
170		-	publicly owned or operated airport, a mili tary airport, or an
171		-	airport open for public use which has no published instrument
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	193	+	2. A 6-nautical mile radius of the geographical center of a
	194	+	publicly owned or operated airport, a military airport, or an
	195	+	airport open for public use which has no published instrument
199	196		approach procedure and has runways in excess of three thousand two
200	197		hundred (3,200) feet in length; or
201	198		3. A 2.5-nautical mile radius of the geographical center of a
202	199		publicly owned or operated airport, a military airport, or an
203	200		airport open for public use which has no published instrument
204	201		approach and has runways three thousand two hundred (3,200) feet or
205	202		less in length; or
206	203		4. A 1-nautical mile radius of the geographic center of a
207		-	publicly owned or operated heliport or vertiport .
208		-	B. Affected airports will be considered as having those
209		-	facilities which are programmed in the Federal Aviation
210		-	Administration’s Regional Aviation System Plan or the Oklahoma
211		-	Department of Aerospace and Aeronautics’ statewide airport system
212		-	plan and will be so protected.
213		-	C. Permit requirements of subsection A of this section shall
214		-	not apply to projects which received construction permits from the
215		-	Federal Communications Commission for structures exceed ing federal
216		-	obstruction standards prior to May 20, 1975; nor shall it apply to
217		-	previously approved structures now existing, or any necessary
218		-	replacement or repairs to such existing structures, so long as the
219		-	height and location is unchanged.
220		-	D. In determining whether to issue or deny a permit, the local
221		-	airport zoning authority shall consider:
222		-	1. The nature of the terrain and height of existing structures;
	204	+	publicly owned or operated heliport or vertiport . Federal
	205	+	obstruction standards include a primary surf ace which is a
	206	+	horizontal plane at the established heliport or vertiport elevation
	207	+	and that coincides in size and shape with the designated takeoff and
	208	+	landing area, the approach surface which begins at each end of the
	209	+	heliport primary surface with the same width as the pri mary surface,
	210	+	and extends outward and upward for a horizontal distance of four
	211	+	thousand (4,000) feet where its width is five hundred (500) feet and
	212	+	where the slope of the approach surface is eight (8) to one (1), and
	213	+	the transitional surf aces which extend outward and upward from the
	214	+	lateral boundaries of the primary surface and from the approach
	215	+	surfaces at a slope of two (2) to one (1) for a distance of two
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224		-	SENATE FLOOR VERSION - HB2266 SFLR Page 5
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	217	+	ENGR. H. B. NO. 2266 Page 5 1
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	242	+	hundred fifty (250) feet measured horizontally from the centerline
	243	+	of the primary and approach surfa ces.
	244	+	B. Affected airports will be considered as having those
	245	+	facilities which are programmed in the Federal Aviation
	246	+	Administration’s Regional Aviation System Plan or the Oklahoma
	247	+	Department of Aerospace and Aeronautics’ statewide airpor t system
	248	+	plan and will be so protected.
	249	+	C. Permit requirements of subsection A of this section shall
	250	+	not apply to projects which received construction permits from the
	251	+	Federal Communications Commission for structures exceeding federal
	252	+	obstruction standards prior to May 20, 1975; nor shall it apply to
	253	+	previously approved structures now existing, or any necessary
	254	+	replacement or repairs to such existing structures, so long as the
	255	+	height and location is unchanged.
	256	+	D. In determining whether to issue or deny a permit, the local
	257	+	airport zoning authority shall consider:
	258	+	1. The nature of the terrain and height of existing structures;
250	259		2. Public and private interests and investments;
251	260		3. The character of flying operations and planned developments
252	261		of airports, vertiports, and helipor ts;
253	262		4. Federal airways as designated by the Federal Aviation
254	263		Administration that lie within the radii described in paragraphs 1
255	264		through 3 of subsection A of this section;
256		-	5. Whether the constr uction of the proposed structure would
257		-	cause an increase in the minimum descent altitude or the decision
258		-	height at the affected airport;
259		-	6. Technological advances;
260		-	7. The safety of persons on the ground and in the air; and
261		-	8. Land use density.
262		-	E. In order to promo te the health, safety and welfare of the
263		-	public and to protect persons and property by promoting safety in
264		-	aeronautics, the Oklahoma Department of Aerospace and Aeronautics
265		-	may review any structure erected, altered, or modified since January
266		-	1, 1996, in which no permit was secured from the local airport
267		-	zoning authority because of the absence of a local airport
268		-	authority. The Oklahoma Department of Aerospace and Aeronautics
269		-	shall determine whether such structures meet the requirements set
270		-	forth in this section. If the structures do not meet the
271		-	requirements as set forth in this section, the Oklahoma Department
272		-	of Aerospace and Aeronautics may request the owners of such
273		-	structure to make any necessary modifications to protect the health,
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	266	+	ENGR. H. B. NO. 2266 Page 6 1
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	291	+	5. Whether the construction of the proposed structure would
	292	+	cause an increase in the minimum descent altitude or the decision
	293	+	height at the affected airport;
	294	+	6. Technological advances;
	295	+	7. The safety of persons on the ground and in the air; and
	296	+	8. Land use density.
	297	+	E. In order to promote the health, safety and welfare of the
	298	+	public and to protect persons and property by promoting safety in
	299	+	aeronautics, the Oklahoma Department of Aerospace and Aeronautics
	300	+	may review any structure erected, altered, or modified since January
	301	+	1, 1996, in which no permit was secured from t he local airport
	302	+	zoning authority because of the absence of a local airport
	303	+	authority. The Oklahoma Department of Aerospace and Aeronautics
	304	+	shall determine whether such structures meet the requirements set
	305	+	forth in this section. If the structures do not meet the
	306	+	requirements as set forth in this section, the Oklahoma Department
	307	+	of Aerospace and Aeronautics may request the owners of such
	308	+	structure to make any necessary modifications to protect the health,
301	309		safety and welfare of the public, including, but no t limited to,
302	310		altering, marking, mapping, or identifying such structure. The
303	311		Oklahoma Department of Aerospace and Aeronautics may assist the
304	312		owner of such structure in any manner deemed feasible by the
305	313		Oklahoma Department of Aerospace and Aeronautics.
306		-	SECTION 3. AMENDATORY 3 O.S. 2021, Section 421, as last
307		-	amended by Section 15, Chapter 135, O.S.L. 2024 (3 O.S. Supp. 2024,
308		-	Section 421), is amended to read as follows:
309		-	Section 421. A. Th e Oklahoma Department of Aerospace and
310		-	Aeronautics is hereby established as the clearinghouse for unmanned
311		-	aircraft systems (UAS) and advanced air mobility (AAM) in this state
312		-	and shall be designated as the agency of this state for the
313		-	promotion, enhancement and devel opment of UAS and AAM as well as any
314		-	associated infrastructure necessary to ensure the safe integration
315		-	and use of this new technology within the state. The purpose of
316		-	this clearinghouse is to create a partnership between those entities
317		-	that currently operate UAS, those that desire to use this technology
318		-	in the future and other entities that can support the research and
319		-	development of UAS to ensure that this state can more effectively
320		-	respond to the needs of this critical sector of the aviation and
321		-	aerospace industry. In the operation of this clearinghouse, the
322		-	Department shall cooperate, assist and coordinate with the federal
323		-	government, agencies of this state, tribal entities, municipalities
324		-	and other persons in the development of unmanned ai rcraft systems
325	314
326		-	SENATE FLOOR VERSION - HB2266 SFLR Page 7
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	315	+	ENGR. H. B. NO. 2266 Page 7 1
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	340	+	SECTION 3. AMENDATORY 3 O.S. 2021, Section 421, as last
	341	+	amended by Section 15, Chapter 135, O.S.L. 2024 (3 O.S. Supp. 2024,
	342	+	Section 421), is amended to read as follows:
	343	+	Section 421. A. The Oklahoma Department of Aerospace and
	344	+	Aeronautics is hereby established as the clearinghouse for unmanned
	345	+	aircraft systems (UAS) and advanced air mobility (AAM) in this state
	346	+	and shall be designated as the agency of this state for the
	347	+	promotion, enhancement and development of UAS and AAM as well as any
	348	+	associated infrastructure necessary to ensure the safe integration
	349	+	and use of this new technology within the state. The purpose of
	350	+	this clearinghouse is to create a partnership between those entities
	351	+	that currently operate UAS, those that desire to u se this technology
	352	+	in the future and other entities that can support the research and
	353	+	development of UAS to ensure that this state can more effectively
	354	+	respond to the needs of this critical sector of the aviation and
	355	+	aerospace industry. In the operation of this clearinghou se, the
	356	+	Department shall cooperate, assist and coordinate with the federal
	357	+	government, agencies of this state, tribal entities, municipalities
	358	+	and other persons in the development of unmanned aircraft systems
352	359		throughout the state to ensur e the acceptance of this technology and
353	360		the successful integration of UAS into the National Airspace System.
354	361		Contingent upon the availability of funds, the Oklahoma Department
355	362		of Aerospace and Aeronautics may use established program processes
356	363		or may contract with other qua lified entities to carry out the
357		-	duties and responsibilities of the Unmanned Aircraft Systems
358		-	Development Act of 2021.
359		-	B. The primary goal of the clearinghouse within the Department
360		-	is to establish a central point within state government to develop
361		-	and implement the strategy for how this state can become a leader in
362		-	the UAS and AAM industry. It will focus the collective resources,
363		-	knowledge, information and assets within state government to ensure
364		-	coordinated efforts amongst all parties. The clearinghouse will
365		-	have the authority to :
366		-	1. Conduct research on what other states and localities are
367		-	doing insofar as their UAS rules and regulations so that it can
368		-	provide recommendations to ensure this state is in the best position
369		-	within the industry;
370		-	2. Organize and coordinate the application for any UAS and AAM
371		-	test site, integration opportunity, pilot program or grant funding
372		-	on behalf of this state;
373		-	3. Maintain a registry of UAS being operated by state agenci es,
374		-	except those UAS that are part of a university -affiliated research
375		-	program;
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	390	+	duties and responsibilities of the Unmanned Aircraft Systems
	391	+	Development Act of 2021.
	392	+	B. The primary goal of the clearinghouse within the Department
	393	+	is to establish a central point within state government to develop
	394	+	and implement the strategy for how this state can become a leader in
	395	+	the UAS and AAM industry. It will focus the collective resources,
	396	+	knowledge, information and assets within state government to ensure
	397	+	coordinated efforts amongst all parties. The clearinghous e will
	398	+	have the authority to :
	399	+	1. Conduct research on what other states and localities are
	400	+	doing insofar as their UAS rules and regulations so that it can
	401	+	provide recommendations to ensure this state is in the best position
	402	+	within the industry;
	403	+	2. Organize and coordinate the application for any UAS and AAM
	404	+	test site, integration opportunity, pilot program or grant funding
	405	+	on behalf of this state;
	406	+	3. Maintain a registry of UAS being operated by state agencies,
	407	+	except those UAS that are part of a university -affiliated research
	408	+	program;
403	409		4. Maintain a registry of educational institutions that offer
404	410		training programs for users of UAS; and
405	411		5. Investigate the development of, and if necessary, create a
406	412		statewide system plan that will provide th e framework for the
407	413		construction, development, siting, and potential partnerships
408		-	required for vertiports and other infrastructure needed to integrate
409		-	AAM and UAS into the existing air transportation system of the
410		-	state;
411		-	6. Develop a statewide network of UAS/AAM detection systems as
412		-	necessary to support the safe integration of these new technologies
413		-	into the state’s existing air transportation system; and
414		-	7. Create statewide or regional command/control and radar
415		-	systems or centers to support paragraph 6 of this subsection and the
416		-	Department's efforts to bring UAS/AAM testing and development to the
417		-	state. These systems or centers can be standalone or in partnership
418		-	with other federal, state, local, tribal, or nonprofit entit ies.
419		-	C. The Department is authorized to enter into partnerships with
420		-	any city or town of this state and, any county or political
421		-	subdivision or district in this state, or any public trust thereof,
422		-	or any federal government entity for the purpose of investing in and
423		-	operating infrastructure and any other items necessary to safely and
424		-	effectively integrate AAM and UAS into the existing air
425		-	transportation system of this state as well as the testing and
426		-	development of these aeronautical technologies.
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	440	+	required for vertiports and other infrastructure needed to integrate
	441	+	AAM and UAS into the existing air transportation system of the
	442	+	state;
	443	+	6. Develop a statewide network of UAS/AAM detection systems as
	444	+	necessary to support the safe integration of these new technologies
	445	+	into the state’s existing air transportation system ; and
	446	+	7. Create statewide or regional command/control and radar
	447	+	systems or centers to support paragraph 6 of this subsection and the
	448	+	Department's efforts to bring UAS/AAM testing and development to the
	449	+	state. These systems or centers can be standalone or in partnership
	450	+	with other federal, state, local, tribal, or nonprofit entities .
	451	+	C. The Department is authorized to enter int o partnerships with
	452	+	any city or town of this state and, any county or political
	453	+	subdivision or district in this state, or any public trust thereof,
	454	+	or any federal government entity for the purpose of investing in and
	455	+	operating infrastruct ure and any other items necessary to safely and
	456	+	effectively integrate AAM and UAS into the existing air
	457	+	transportation system of this state as well as the testing and
	458	+	development of these aeronautical technologies.
454	459		SECTION 4. This act shall become effective November 1, 2025.
455		-	COMMITTEE REPORT BY: COMMITTEE ON AERONAUTICS AND TRANSPORTATION
456		-	April 14, 2025 - DO PASS AS AMENDED
	460	+
	461	+	ENGR. H. B. NO. 2266 Page 10 1
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	486	+	Passed the House of Representatives the 17th day of March, 2025.
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	491	+	Presiding Officer of the House
	492	+	of Representatives
	493	+
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	496	+	Passed the Senate the ____ day of __________, 2025.
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	501	+	Presiding Officer of the Senate
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