ENGR. H. B. NO. 2751 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
ENGROSSED HOUSE
BILL NO. 2751 By: Caldwell (Trey), Hays,
Turner, and Hilbert of the
House
and
Seifried of the Senate
An Act relating to wind energy; making legislative
findings; defining terms; providing for setback
requirement for certain affected counties; providing
exceptions; authorizing waiver by certain owners of
real property; providing procedures for referral of
question to eligible voters of a county; providing
for effect of zoning provisions; prescribing the
period for construction ; requiring Oklahoma
Corporation Commission to maintain database;
providing for noncodification; providing for
codification; and decl aring an emergency.
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:
The Legislature finds that construction and operation of wind
turbines and construction of the towers used in connection with wind
turbines is a matter which is the proper su bject of legislation.
The Legislature finds that the height of towers used to support
commercial wind turbines for production of electrical energy by
ENGR. H. B. NO. 2751 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
means of wind power is a potential issue with respect to setback
limitations and that there is a need for uniformity in areas of the
state likely to be affected by the construction and operation of
towers and wind turbines. The Legislature finds that consideration
of population density and average wind speed are a logical basis in
order to enact legislation related to setback requirements for the
structures used in the wind energy industry that pose risks related
to either persons or property or both in the event of damage to the
structures or structural failures.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 160.21.1 of Title 17, unless
there is created a duplication in numbering, reads as follows:
A. As used in this act:
1. "Affected county" means a county having a population density
greater than eight and five -tenths (8.5) persons per square mile
according to the 2020 Federal Decennial Census or most recent
population estimate and a cou nty which has an average wind speed of
less than nine and five -tenths (9.5) miles per hour according to the
most recent climatology documents by county from the Oklahoma
Climatological Survey as of the effective date of this act;
2. "Dwelling" means a structure occupied by one or more persons
for at least six (6) months during a single calendar year or whic h
is occupied by one or more persons for an average of more than fifty
percent (50%) of the time during any other period of time in excess
ENGR. H. B. NO. 2751 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
of one (1) year. As used in this section, dwelling shall not
include a motor home or recreational vehicle;
3. "Improvement to real property" means a residential dwelling
or a building used or suitable for use by a for -profit or nonprofit
entity. As used in this act, "improvement" shall not include a
fence;
4. "Industrial wind turbine" means a device used for the
production of electrical energy by means of wind;
5. "Substantial construction activity" means movement or
grading of earth at the site of a tower and pour ing of concrete or
installation of material designed to support the weight of a tower
or both such activities and shall require due diligence and the
conduct of activity which is continuous without any cessation of
such activity for a period in excess of sixty (60) days;
6. "Tip height" means the highest measurable point of a tower
upon which an industrial wind turbine is installed or is capable of
being installed, including the height of the turbine itself without
regard to any period of time during which a turbine is removed from
the tower; and
7. "Tower" means a vertical structure used in order to suppor t
an industrial wind turbine.
B. Except as provided by Section 160.20 of Title 17 of the
Oklahoma Statutes, except as provided by subsection C of this
section, in an affected county on or after the effective date of
ENGR. H. B. NO. 2751 Page 4 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
this act, a tower or similar structure used in connection with an
industrial wind turbine shall not be located:
1. Any closer than a distance of one and one -half (1 1/2) times
the tip height of the tower. For purposes of this paragraph, the
distance shall be measured from the point on the pro perty line of
the parcel of real property upon which the tower is located, which
is nearest to the point on a property line of any parcel of real
property affected by the provisions of this act; or
2. Any closer than one -half (1/2) nautical mile from the
nearest point of a dwelling structure.
C. An owner of real property that would otherwise be subject to
the provisions of this act with respect to a set back distance
applicable to a tower may waive the otherwise applicable setback
requirement. In order to exercise the waiver authorized by this
subsection, a point along the property line of a parcel of real
property shall be required to be within a distance of one and one -
half (1 1/2) times the tip height of the tower or a tower must be
located within one-half (1/2) mile of a dwelling structure. If an
owner of real property executes a lease with a wind energy company
to allow placement of a tower or other wind energy assets on such
real property, the execution of the lease agreement shall constitute
a waiver pursuant to this subsection.
D. 1. The provisions of subsection B of this section shall
continue to be applicable to the construction of a tower or similar
ENGR. H. B. NO. 2751 Page 5 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
structure used in connection with an industrial wind turbine unless
a majority of the qualified electors of a county voting on a
question submitted for such purpose by the board of county
commissioners of the county approve the adoption of the setb ack
limitations as prescribed by subsection B of this section or a
modification or elimination of the se tback limitation as prescribed
by subsection B of this section with respect to a tower constructed
on or after the effective date specified in the question submitted
to the voters.
2. In addition to the referral of the question pursuant to
paragraph 1 of this subsection, the question may also be submitted
to the voters of the county if a petition, signed by at least ten
percent (10%) of the number of v oters who voted in the last
presidential election, is filed with the county clerk of the county.
3. The vote authorized by this subsection may occur no more
often than once each five (5) years.
E. Subject to the limitations prescribed by paragraph 3 of
subsection D of this section, the question described by subsection D
of this section may be referred to a vote of the qualified electors
of the county by an affirmative vote of a majority of the board of
county commissioners.
F. The provisions of this se ction shall be applicable to towers
the physical construction of which begins on or after the effective
date of this act.
ENGR. H. B. NO. 2751 Page 6 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
G. The provisions of this section shall be applicable whether
or not any existing zoning provisions are in effect on or after the
effective date of this act and the provisions of this act shall
supersede such zoning provisions.
H. Except as otherwise provided by subsection I of this
section, a wind energy company shall have a total period of four (4)
years in order to begin substantial construction activity of a wind
energy project. The time period shall be computed from the first
date as of which the wind energy company is contractually assured of
the ability to make an interconnection to the segment of the
national electric grid located within the state for which the
Southwest Power Pool is responsible.
I. If a wind energy company h as had contractual assurance of
the ability to make such interconnection as described in subsection
H of this section or a wind energy company has estab lished an actual
physical connection to the segment of the national electric grid
located within the sta te for which the Southwest Power Pool is
responsible for a period of three (3) or more years prior to the
effective date of this act, the wind energy company shall have a
period of twelve (12) months from the effective date of this act to
begin substantial construction activity.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 160.21.2 of T itle 17, unless
there is created a duplication in numbering, reads as follows:
ENGR. H. B. NO. 2751 Page 7 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
The Oklahoma Corporation Commission shall maintain a publicly
accessible and searchable database containing the status of each
county of the state with respect to whether a setback provision is
in effect and the relevant information regarding the setback
provisions, including any applicable expiration date.
SECTION 4. It being immediately necessary for the preservation
of the public peace, health or safety, an em ergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
Passed the House of Representatives the 26th day of March, 2025.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of ___________, 2025.
Presiding Officer of the Senate