HB 2751: Wind energy; legislative findings; setback requirement for certain affected counties; waiver; referral of question to eligible voters of a county; requiring Corporation Commission to maintain database; emergency. - Oklahoma

House Committee Substitute → Floor (House) · 3 edits

MINOR

The bill changed from a Committee Substitute version to a Floor version, adding a new sponsor (Turner of the House and Seifried of the Senate) and reformatting the document header. The substantive policy content regarding wind energy setback requirements, definitions, and procedures remains unchanged.

ELIGIBILITY

Added Turner of the House and Seifried of the Senate as co-sponsors to the bill.

TECHNICAL

Updated document header from 'House Committee Substitute' to 'House of Representatives - Floor Version' to reflect the bill's progression to the House floor.

Reformatted page numbering and removed reference numbers (Req. No. 13189) and page footers from the text body.

Engrossed → Proposed Committee Substitute (full committee) 1 · 4 edits

MODERATE

The bill was completely rewritten by the House committee to strengthen wind energy setback requirements. The new version increases minimum setback distances from 1.5 times tower height to the greater of 2.5 times tower height or 0.25 miles, and removes exemptions for entities with existing wind turbine contracts.

Scope change

The bill now applies to all wind turbines regardless of existing contracts, and the setback rules now apply to the physical construction start date rather than just the tower location.

REQUIREMENT

Increased minimum setback distance from 1.5 times tip height to the greater of 2.5 times tip height or one-quarter mile

ELIGIBILITY

Removed exemption for entities that own wind turbines under existing power purchase contracts

TIMELINE

Changed applicability to focus on when physical construction begins rather than when the tower is located

DEFINITION

Updated title and summary language to reflect continuation of setback provisions and removed reference to waiver procedures

Introduced → Engrossed · 6 edits · Mar 26, 2025

MODERATE

This bill was completely rewritten from a general electric transmission law to a specific wind energy setback regulation. The new version establishes minimum distance requirements for wind turbines in populated areas, creates waiver options for property owners, and adds a voter referendum process for counties to override or modify these setback rules.

Scope change

Changed from broad electric transmission facility authority to specific wind energy setback requirements for counties with population density over 8.5 people per square mile and average wind speeds of at least 9.5 mph.

SCOPE

Removed provisions granting the Corporation Commission authority over electric transmission facility construction, competitive bidding requirements, and Certificate of Authority mandates.

REQUIREMENT

Added setback requirements mandating wind towers be located at least 1.5 times the tower height from property lines or 0.5 nautical mile from dwellings in affected counties.

DEFINITION

Added new definitions for 'affected county', 'dwelling', 'industrial wind turbine', 'substantial construction activity', 'tip height', and 'tower'.

ELIGIBILITY

Added waiver authority allowing property owners to opt out of setback requirements by executing a lease agreement with wind energy companies.

ENFORCEMENT

Added voter referendum process allowing county electors to approve, modify, or eliminate setback limitations through a question submitted to voters.

TIMELINE

Changed effective date from November 1, 2025 to the effective date of the act, with voter referendum votes limited to once every five years.

Proposed Policy Committee Substitute 2 → House Committee Substitute · 4 edits

MODERATE

The House Committee Substitute amends HB 2751 by adding a co-sponsor, modifying the bill title, and reorganizing the content structure. The substantive policy changes include adding a new subsection G that exempts entities owning wind turbines under power purchase agreements from setback requirements, and renumbering sections to accommodate these changes. The bill also updates formatting and adds a new section number for the Oklahoma Corporation Commission database requirement.

Scope change

The bill's scope is narrowed by adding an exemption for entities that own wind turbines through power purchase agreements, meaning these entities would not be subject to setback requirements even if located in affected counties.

SCOPE

Added new subsection G exempting entities that own wind turbines through power purchase agreements from setback requirements, protecting existing wind energy contracts from new regulatory restrictions.

TECHNICAL

Changed bill title from 'Proposed Policy Committee Substitute' to 'Committee Substitute' and added co-sponsor Hays to the bill sponsor list.

Reorganized section numbering and formatting to accommodate the new subsection G, moving the Oklahoma Corporation Commission database requirement to a new section 3.

REQUIREMENT

Updated the text in subsection C regarding property waiver requirements to clarify the distance calculation for waiver eligibility.

Proposed Policy Committee Substitute 1 → Proposed Policy Committee Substitute 2 · 7 edits

MODERATE

The bill was completely rewritten to shift focus from electric transmission facilities to wind energy turbines. The new version establishes setback requirements for wind turbines in certain counties, creates a database tracking these requirements, and adds procedures for local voters to modify or eliminate setback rules. This represents a significant policy shift from transmission infrastructure to wind energy development regulations.

Scope change

The bill's scope changed from regulating electric transmission facilities and utilities to regulating wind energy turbines and their setback requirements in specific counties.

SCOPE

Removed all provisions related to electric transmission lines, high-voltage transmission facilities, and retail electric supplier obligations.

DEFINITION

Added new definitions for 'affected county', 'industrial wind turbine', 'tip height', and 'tower' specific to wind energy applications.

REQUIREMENT

Established a 2.5 times tip height or 0.25 mile setback requirement for wind turbines in affected counties (population density over 8.5 per square mile or average wind speed under 9.5 mph).

ELIGIBILITY

Created a waiver mechanism allowing property owners to opt out of setback requirements if they have property within the setback zone.

ENFORCEMENT

Added provisions allowing county voters to modify or eliminate setback limitations through a referendum, limited to once every five years.

TECHNICAL

Required the Oklahoma Corporation Commission to maintain a publicly accessible database tracking county setback provision status and expiration dates.

TIMELINE

Changed effective date provisions and codification references from Title 17 Section 296 to Section 160.21.1 and 160.21.2.

Proposed Committee Substitute (full committee) 1 → Proposed Policy Committee Substitute 1 · 6 edits

MODERATE

The bill was amended to shift its focus from wind energy setback requirements to electric transmission facility regulations. The original version addressed wind turbine placement distances from properties, while the new version grants the Oklahoma Corporation Commission authority over high-voltage transmission lines and establishes competitive bidding requirements for transmission projects.

Scope change

The bill's scope changed from regulating wind energy turbine setbacks to regulating electric transmission facility construction, ownership, and maintenance, including requirements for competitive bidding and independent evaluation.

SCOPE

Changed subject matter from wind energy setback requirements to electric transmission facility regulations

REQUIREMENT

Added requirement for retail electric suppliers and rural electric cooperatives to solicit competitive bids for transmission facility extensions

Added requirement for independent evaluator oversight of competitive bidding process

Added authority for Commission to ensure development of new high-voltage transmission lines of 300kV or greater

DEFINITION

Removed definitions related to wind energy terms including 'affected county', 'industrial wind turbine', 'tip height', and 'tower'

TIMELINE

Changed effective date to July 1, 2025

Wind energy; legislative findings; setback requirement for certain affected counties; waiver; referral of question to eligible voters of a county; requiring Corporation Commission to maintain database; emergency.

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