Oklahoma 2025 Regular Session

Oklahoma House Bill HB2751 Compare Versions

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3		-	ENGR. H. B. NO. 2751 Page 1 1
	3	+	HB2751 HFLR Page 1
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28		-	ENGROSSED HOUSE
29		-	BILL NO. 2751 By: Caldwell (Trey), Hays,
30		-	Turner, and Hilbert of the
31		-	House
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	1st Session of the 60th Legislature (2025)
	34	+
	35	+	COMMITTEE SUBSTITUTE
	36	+	FOR
	37	+	HOUSE BILL NO. 2751 By: Caldwell (Trey), Hays, and
	38	+	Turner of the House
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33	40		and
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35	42		Seifried of the Senate
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	47	+	COMMITTEE SUBSTITUTE
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44	49		An Act relating to wind energy; making legislative
45	50		findings; defining terms; providing for setback
46	51		requirement for certain affected counties; providing
47	52		exceptions; authorizing waiver by certain owne rs of
48		-	real property; providing procedures for referral of
49		-	question to eligible voters of a county; providing
50		-	for effect of zoning provisions; prescribing the
51		-	period for construction ; requiring Oklahoma
	53	+	real property; providing for continuation of setback;
	54	+	providing procedures for referral of question to
	55	+	eligible voters of a county; requiring Oklahoma
52	56		Corporation Commission to maintain database;
53		-	providing for noncodification; providing for
54		-	codification; and decl aring an emergency.
55		-
	57	+	providing for noncodification; and providing for
	58	+	codification.
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60	63		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
61	64		SECTION 1. NEW LAW A new section of law not to be
62	65		codified in the Oklahoma Statutes reads as follows:
63	66		The Legislature finds that construction and operation of wind
64	67		turbines and construction of the towers used in connection with wind
65	68		turbines is a matter which is the proper subject of legislation.
66	69		The Legislature finds that the height of towers used to support
67		-	commercial wind turbines for production of electrical energy by
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69		-	ENGR. H. B. NO. 2751 Page 2 1
	71	+	HB2751 HFLR Page 2
	72	+	BOLD FACE denotes Committee Amendments. 1
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	97	+	commercial wind turbines for production of electric al energy by
94	98		means of wind power is a potential issue with respect to setback
95	99		limitations and that there is a need for uniformity in areas of the
96	100		state likely to be affected by the construction and operation of
97	101		towers and wind turbines. The Legislature fi nds that consideration
98	102		of population density and average wind speed are a logical basis in
99	103		order to enact legislation related to setback requirements for the
100	104		structures used in the wind energy industry that pose risks related
101	105		to either persons or property or both in the event of d amage to the
102	106		structures or structural failures.
103	107		SECTION 2. NEW LAW A new section of law to be codified
104	108		in the Oklahoma Statutes as Section 160.21.1 of Title 17, unless
105	109		there is created a duplication in numbe ring, reads as follows:
106	110		A. As used in this act:
107		-	1. "Affected county" means a county having a population ~~density~~
108		-	greater than eight and five -tenths (8.5) persons per square ~~mile~~
109		-	according to the 2020 Federal Decennial Census or most recent
	111	+	1. "Affected county" means a county having both a population
	112	+	density greater than eight and five -tenths (8.5) persons per square
	113	+	mile according to the 2020 Federal Decennial Census or most recent
110	114		population estimate and a county wh ich has an average wind speed of
111	115		less than nine and five -tenths (9.5) miles per hour according to the
112	116		most recent climatology documents by county from the Oklahoma
113	117		Climatological Survey as of the effective date of this act;
114		-	2. "Dwelling" means a structure occupied by one or more persons
115		-	for at least six (6) months during a single calendar year or whic h
116		-	is occupied by one or more persons for an average of more than fifty
117		-	percent (50%) of the time during any other period of time in excess
	118	+	2. "Improvement to real property" means a residential dwelling
	119	+	or a building used or suitable for use by a for -profit or nonprofit
118	120
119		-	ENGR. H. B. NO. 2751 Page 3 1
	121	+	HB2751 HFLR Page 3
	122	+	BOLD FACE denotes Committee Amendments. 1
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144		-	of one (1) year. As used in this section, dwelling shall not
145		-	include a motor home or recreational vehicle;
146		-	3. "Improvement to real property" means a residential dwelling
147		-	or a building used or suitable for use by a for -profit or nonprofit
148	147		entity. As used in this act, "improvement" shall not include a
149	148		fence;
150		-	4. "Industrial wind turbine" means a device used for the
	149	+	3. "Industrial wind turbine" means a device used for the
151	150		production of electrical en ergy by means of wind;
152		-	5. "Substantial construction activity" means movement or
153		-	grading of earth at the site of a tower and pour ing of concrete or
154		-	installation of material designed to support the weight of a tower
155		-	or both such activities and shall require due diligence and the
156		-	conduct of activity which is continuous without any cessation of
157		-	such activity for a period in excess of sixty (60) days;
158		-	6. "Tip height" means the highest measurable point of a tower
	151	+	4. "Tip height" means the highest measurable point of a tower
159	152		upon which an industrial wind turbine is installed or is capable of
160	153		being installed, including the height of the turbine itself without
161	154		regard to any period of time during which a turbine is removed from
162	155		the tower; and
163		-	7. "Tower" means a vertical structure used in order to ~~suppor t~~
	156	+	5. "Tower" means a vertical structure used in order to support
164	157		an industrial wind turbine.
165	158		B. Except as provided by Section 160.20 of Title 17 of the
166	159		Oklahoma Statutes, except as p rovided by subsection C o f this
167		-	section, in an affected county on or after the effective date of
	160	+	section, and except as provided by subsection G of this section, in
	161	+	an affected county on or after the effective date of this act, a
	162	+	tower or similar structure used in connection with an industrial
	163	+	wind turbine shall not be located any closer than a distance of two
	164	+	and one-half (2 1/2) times the tip height of the tower or one -
	165	+	quarter (1/4) of one (1) mile, whichever distance is the greater.
	166	+	For purposes of this section, the distance shall be measured from
	167	+	the point on the property line of the parcel of real property upon
	168	+	which the tower is located, which is nearest to the point at which
	169	+	an improvement to real property affected by the provisions of this
	170	+	act is located.
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169		-	ENGR. H. B. NO. 2751 Page 4 1
	172	+	HB2751 HFLR Page 4
	173	+	BOLD FACE denotes Committee Amendments. 1
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194		-	this act, a tower or similar structure used in connection with an
195		-	industrial wind turbine shall not be located:
196		-	1. Any closer than a distance of one and one -half (1 1/2) times
197		-	the tip height of the tower. For purposes of this paragraph, the
198		-	distance shall be measured from the point on the pro perty line of
199		-	the parcel of real property upon which the tower is located, which
200		-	is nearest to the point on a property line of any parcel of real
201		-	property affected by the provisions of this act; or
202		-	2. Any closer than one -half (1/2) nautical mile from the
203		-	nearest point of a dwelling structure.
204	198		C. An owner of real property that would otherwise be subj ect to
205	199		the provisions of this act with respect to a setback distance
206	200		applicable to a tower may waive the otherwise applicable setback
207	201		requirement. In order to exercise the waiver authorized by this
208		-	subsection, a point along the property line of a parcel of real
209		-	property shall be required to be within a distance of one and one -
210		-	half (1 1/2) times the tip height of the tower or a tower must be
211		-	located within one-half (1/2) mile of a dwelling structure. If an
212		-	owner of real property executes a lease with a wind energy company
213		-	to allow placement of a tower or other wind energy assets on such
214		-	real property, the execution of the lease agreement shall constitute
215		-	a waiver pursuant to this subsection.
216		-	D. 1. The provisions of subsection B of this section shall
	202	+	subsection, some part of the real property shall be requi red to be
	203	+	within a distance of two and one-half (2 1/2) times the tip height
	204	+	of the tower or one-quarter (1/4) of one (1) mile, whichever is
	205	+	greater, to be calculated as required by subsection B of this
	206	+	section.
	207	+	D. The provisions of subsection B of this s ection shall
217	208		continue to be applicable to the construction of a tower or similar
	209	+	structure used in connection with an industrial wind turbine unless
	210	+	a majority of the qualified electors of a county voting on a
	211	+	question submitted for such purpose by the boa rd of county
	212	+	commissioners of the county approve a modification or elimination of
	213	+	the setback limitation as prescribed by subsection B of this section
	214	+	with respect to a tower constructed on or after the effective date
	215	+	specified in the question submitted to the voters. The vote
	216	+	authorized by this subsection may occur no more often than once each
	217	+	five (5) years.
	218	+	E. Subject to the limitations prescribed by subsection D of
	219	+	this section, the question described by subsection D of this section
	220	+	may be referred to a vote of the qualified electors of the county by
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219		-	ENGR. H. B. NO. 2751 Page 5 1
	222	+	HB2751 HFLR Page 5
	223	+	BOLD FACE denotes Committee Amendments. 1
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244		-	structure used in connection with an industrial wind turbine unless
245		-	a majority of the qualified electors of a county voting on a
246		-	question submitted for such purpose by the board of county
247		-	commissioners of the county approve the adoption of the setb ack
248		-	limitations as prescribed by subsection B of this section or a
249		-	modification or elimination of the se tback limitation as prescribed
250		-	by subsection B of this section with respect to a tower constructed
251		-	on or after the effective date specified in the question submitted
252		-	to the voters.
253		-	2. In addition to the referral of the question pursuant to
254		-	paragraph 1 of this subsection, the question may also be submitted
255		-	to the voters of the county if a petition, signed by at least ten
256		-	percent (10%) of the number of v oters who voted in the last
257		-	presidential election, is filed with the county clerk of the county.
258		-	3. The vote authorized by this subsection may occur no more
259		-	often than once each five (5) years.
260		-	E. Subject to the limitations prescribed by paragraph 3 of
261		-	subsection D of this section, the question described by subsection D
262		-	of this section may be referred to a vote of the qualified electors
263		-	of the county by an affirmative vote of a majority of the board of
264		-	county commissioners.
	248	+	an affirmative vote of a majority of the board of county
	249	+	commissioners.
265	250		F. The provisions of this section shall be applicable to towers
266	251		the physical construction of which begins on or after the effective
267	252		date of this act.
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294		-	G. The provisions of this section shall be applicable whether
295		-	or not any existing zoning provisions are in effect on or after the
296		-	effective date of this act and the provisions of this act shall
297		-	supersede such zoning provisions.
298		-	H. Except as otherwise provided by subsection I of this
299		-	section, a wind energy company shall have a total period of four (4)
300		-	years in order to begin substantial construction activity of a wind
301		-	energy project. The time period shall be computed from the first
302		-	date as of which the wind energy company is contractually assured of
303		-	the ability to make an interconnection to the segment of the
304		-	national electric grid located within the state for which the
305		-	Southwest Power Pool is responsible.
306		-	I. If a wind energy company h as had contractual assurance of
307		-	the ability to make such interconnection as described in subsection
308		-	H of this section or a wind energy company has estab lished an actual
309		-	physical connection to the segment of the national electric grid
310		-	located within the sta te for which the Southwest Power Pool is
311		-	responsible for a period of three (3) or more years prior to the
312		-	effective date of this act, the wind energy company shall have a
313		-	period of twelve (12) months from the effective date of this act to
314		-	begin substantial construction activity.
	253	+	G. The provisions of this act shall not be applicable to any
	254	+	entity that owns, directly or indirectly, any wind turbine that
	255	+	would otherwise be subject to the provisions of this act if the
	256	+	entity is a party to a contract for the sale of electrical energy
	257	+	produced by or capable of being produced by one or more wind
	258	+	turbines located within the state and such contract is in effect
	259	+	upon the effective date of this act.
315	260		SECTION 3. NEW LAW A new section of law to be codif ied
316	261		in the Oklahoma Statutes as Section 160.21.2 of Title 17, unless
317	262		there is created a duplication in numbering, reads as follows:
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344	263		The Oklahoma Corporation Commission shall maintain a publicly
345	264		accessible and searchable database containing the status of ea ch
346	265		county of the state wi th respect to whether a setback provision is
347	266		in effect and the relevant information regarding the setback
348	267		provisions, including any applicable expiration date.
349		-	SECTION 4. It being immediately necessary for the preservation
350		-	of the public peace, health or safety, an em ergency is hereby
351		-	declared to exist, by reason whereof this act shall take effect and
352		-	be in full force from and after its passage and approval.
353		-	Passed the House of Representatives the 26th day of March, 2025.
	268	+
	269	+	COMMITTEE REPORT BY: COMMITTEE ON ENERGY AND NATURAL RESOURCES
	270	+	OVERSIGHT, dated 03/05/2025 - DO PASS, As Amended and Coauthored.
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356		-
357		-
358		-	Presiding Officer of the House
359		-	of Representatives
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363		-	Passed the Senate the ___ day of ___________, 2025.
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368		-	Presiding Officer of the Senate