SB 2: Wind energy; providing setback requirements for certain affected counties; waiver; referral of question to eligible voters; zoning; construction; exemptions; database. - Oklahoma

Floor (House) → Floor (Senate) · 3 edits

MINOR

The bill was amended to add a new sponsor from the House and updated the header to reflect the Senate floor version. The core policy regarding wind energy setback requirements, military safety protocols, and penalty structures remains substantively unchanged, though the formatting and page numbering were adjusted to match Senate procedures.

Scope change

The bill's scope and applicability remain unchanged; the modifications are administrative updates to the bill's header and formatting for the Senate stage.

TECHNICAL

Added a new sponsor, Pfeiffer of the House, to the list of bill authors.

Updated the document header to indicate this is the 'Senate Floor Version' dated February 13, 2025.

Adjusted page numbering and footer text to reflect the transition from the House to the Senate version.

SB2 (3-24-25) (GREEN) FS FA1.PDF → Floor (House) · 4 edits

MODERATE

The bill was converted from a Senate Floor Substitute to an Engrossed House version, incorporating specific committee amendments. The most significant substantive change is the addition of a new subsection (D. E.) that establishes a $1,500 per day penalty for wind energy facility owners who fail to submit required FAA safety documentation. The text also includes minor formatting adjustments and clarifications regarding military installation safety protocols.

Scope change

The bill's scope remains focused on wind energy facility setback requirements and FAA safety compliance, but the enforcement mechanism has been expanded with a specific daily penalty for non-compliance.

ENFORCEMENT

Added a $1,500 per day penalty for wind energy facility owners who fail to submit active FAA Determination of No Hazard documentation.

TECHNICAL

Inserted a new subsection (D. E.) to clarify enforcement procedures and penalties for violations of the FAA safety requirements.

Changed the document header from 'Floor Substitute' to 'Engrossed Senate Bill' and updated the legislative session title.

Added clarifying text to the military safety section to specify that 'Determination of No Hazard' is the required evidence of resolved adverse impacts.

Senate Conference Committee Substitute 2 → SB2 (3-24-25) (GREEN) FS FA1.PDF · 5 edits

MODERATE

The bill was converted from a Conference Committee Substitute to a Floor Substitute, changing the legislative session from the 2nd to the 1st session of the 60th Legislature. The primary policy shift involves updating the statutory reference from Section 160.13 to Section 160.20 and significantly altering setback requirements for wind energy facilities. Most notably, the bill introduces a new effective date of November 1, 2025, for stricter setback rules (1.5 nautical miles from airports and 0.25 nautical miles from homes), replacing the previous reliance on tip-height calculations.

Scope change

The bill's scope shifted from a broad 'Wind Energy Development Act' framework to a specific amendment of existing setback regulations, narrowing the focus to distance-based restrictions rather than height-based ones.

TIMELINE

The legislative session changed from the 2nd Session (2026) to the 1st Session (2025), and the effective date for new setback rules was moved to November 1, 2025.

REQUIREMENT

Setback requirements were changed from being based on turbine height (tip height) to fixed distances: 1.5 nautical miles from airports and 0.25 nautical miles from residential dwellings.

New provisions require a 'Determination of No Hazard' from the FAA and resolution of adverse impacts to the Department of Defense before construction can occur.

DEFINITION

The bill references Section 160.20 instead of 160.13 and updates definitions to align with the new distance-based setback model.

ENFORCEMENT

Added specific administrative penalties of up to $1,500 per day for violations of the new setback requirements.

Senate Conference Committee Substitute → Senate Conference Committee Substitute 2 · 3 edits

MINOR

The bill was renumbered as the 2nd Conference Committee Substitute and updated its page reference numbers. The primary substantive change involves clarifying the conditions under which the setback requirements apply, specifically linking their effectiveness to the acquisition of site control or a queue position with a transmission operator, rather than a fixed end date. Additionally, the definition of 'commercial wind energy equipment' was adjusted to specify a minimum capacity of 500 kilowatts.

Scope change

The applicability of setback requirements was modified to depend on obtaining site control or filing for a queue position, removing a previous fixed expiration date for these rules.

TIMELINE

The effective end date for setback provisions was removed and replaced with a condition requiring the acquisition of 85% of land leases or obtaining site control/queue position.

DEFINITION

The definition of 'commercial wind energy equipment' was updated to explicitly require a total nameplate generating capacity of at least 500 kilowatts.

TECHNICAL

The bill title and page reference numbers were updated to reflect it is the second substitute version.

Engrossed → Senate Conference Committee Substitute · 8 edits

MODERATE

The bill was converted from an Engrossed version to a Senate Conference Committee Substitute, updating the sponsor list and refining the bill's title to reflect a broader scope. The most significant substantive change is the reorganization of the law from a single section into two distinct sections: Section 1 amends existing definitions and regulations, while Section 2 establishes new setback requirements for wind energy facilities. Additionally, the effective date for the new setback rules was moved from November 1, 2025, to November 1, 2026, and the sunset provision for these rules was extended to November 1, 2028.

Scope change

The bill's scope was expanded by splitting the original text into two sections. Section 1 now focuses on definitions and administrative rules, while Section 2 introduces specific new setback distances for wind turbines relative to dwellings and property lines, which were previously contained within a single, broader section.

TIMELINE

The effective date for the new setback requirements was delayed from November 1, 2025, to November 1, 2026.

The sunset date for the new setback provisions was extended from an unspecified date to November 1, 2028.

DEFINITION

New definitions were added for terms such as 'Abandonment', 'Commencement of construction', 'Commercial generation date', 'Commercial wind energy equipment', 'Commercial quantities', 'Dwelling', 'Nonparticipating property line', 'Owner', 'Tip height', 'Useful life', and 'Wind energy facility'.

REQUIREMENT

New setback requirements were established: wind turbines must be at least 2.5 times their tip height away from a dwelling and 1.5 times their tip height away from a nonparticipating property line, unless waived in writing.

ELIGIBILITY

The new setback requirements explicitly apply to wind energy facilities where a lease is signed, site control is obtained, and a queue position is filed with the Southwest Power Pool.

EXEMPTIONS

Exemptions were added for small or community-scale wind systems with a rated capacity of less than one megawatt.

SCOPE

The bill title was updated to 'Oklahoma Wind Energy Development Act' to better reflect the comprehensive nature of the changes.

ENFORCEMENT

Enforcement mechanisms were clarified, including administrative penalties for violations and the right for stakeholders to seek court injunctions.

Amended And Engrossed → Engrossed · 8 edits · Mar 31, 2025

MODERATE

This bill updates Oklahoma's wind energy setback laws to address concerns about noise and safety near homes and schools. It introduces stricter distance requirements for new wind turbines starting November 1, 2025, while allowing a grandfathered construction period until that date. The changes also add specific protections for military installations and clarify dispute resolution processes.

Scope change

The bill expands setback requirements to include schools and hospitals in addition to runways, and adds new restrictions based on proximity to residential dwellings and non-participating property.

REQUIREMENT

New setback rules require wind towers to be at least 1.5 nautical miles from public-use airports, municipal airports, public schools, and hospitals.

Starting November 1, 2025, new wind towers must be at least 0.25 nautical miles from residential dwellings and non-participating property.

Existing setback rules for military installations were expanded to explicitly include military training routes, drop zones, runway approaches, and bombing ranges.

TIMELINE

A transition period is established where facilities can be constructed until November 1, 2025, even if they violate the new stricter setback rules.

DEFINITION

New definitions were added for 'Affected county', 'Dwelling', 'Improvement to real property', 'Industrial wind turbine', 'Substantial construction activity', 'Tip height', and 'Tower'.

ENFORCEMENT

Disputes regarding these new setback requirements are now under the exclusive jurisdiction of district courts, and the Corporation Commission can seek enforcement through administrative channels.

ELIGIBILITY

The bill clarifies that individual wind turbines requiring FAA Form 7460-1 can be built if they have received a 'Determination of No Hazard' from the Department of Defense.

TECHNICAL

Representative Pfeiffer was removed as a principal House author and replaced with Representative Caldwell.

Introduced → Amended And Engrossed · 6 edits · Mar 31, 2025

MODERATE

The bill was completely rewritten to replace the previous version. The new version establishes a new statute (Section 160.21.1) with different setback rules based on county population density and wind speed, introduces a waiver process for property owners, and adds a mechanism for counties to vote on whether to adopt or modify these rules.

Scope change

The bill's scope shifted from a uniform statewide application to a tiered system based on county demographics and climate data. It also added a new layer of local control allowing counties to vote on the rules.

REQUIREMENT

New setback requirements based on tower height and distance from dwellings, replacing the fixed distance requirements of the old bill.

Removed the specific fixed-distance setbacks (e.g., 1.5 nautical miles from airports) and the penalty for failing to submit FAA hazard determinations found in the original text.

ELIGIBILITY

Added a waiver process allowing property owners to opt out of setback requirements by leasing their land to a wind energy company.

TIMELINE

Added a provision allowing counties to vote via referendum to adopt, modify, or eliminate the new setback limitations.

DEFINITION

Introduced new definitions for 'affected county', 'dwelling', 'industrial wind turbine', and 'substantial construction activity'.

ENFORCEMENT

Replaced the administrative penalty structure with a new framework focused on compliance with the new setback and waiver rules.

Wind energy; providing setback requirements for certain affected counties; waiver; referral of question to eligible voters; zoning; construction; exemptions; database.

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