Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 1012 By: Murdock
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6 AS INTRODUCED
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7 An Act relating to the Oklahoma Wind Energy
7 Development Act; amending 17 O.S. 2021, Section
8 160.20, as amended by Section 21, Chapter 126, O.S.L.
8 2023 (17 O.S. Supp. 2024, Section 160.20), which
9 relates to setback requirements for wind energy
9 facilities; establishing waiver process for certain
10 setback provisions; updating statutory language;
10 providing an effective date; and declaring an
11 emergency.
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13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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14 SECTION 1. AMENDATORY 17 O.S. 2021, Section 160.20, as
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15 amended by Section 21, Chapter 126, O.S.L. 2023 (17 O.S. Supp. 2024,
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16 Section 160.20), is amended to read as follows:
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17 Section 160.20. A. After August 21, 2015, no wind energy
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18 facility may be constructed if the base of any tower is located at a
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19 distance of less than:
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20 1. One and one-half (1 1/2) nautical miles from the center line
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21 of any runway located on:
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22 a. a public-use airport as defined in Section 120.2 of
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23 Title 3 of the Oklahoma Statutes, or
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24 b. an airport owned by a municipality;
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1 2. One and one-half (1 1/2) nautical miles from any public
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2 school which is a part of a public school district; or
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3 3. One and one-half (1 1/2) nautical miles from a hospital.
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4 B. The setback distances prescribed in paragraphs 2 and 3 of
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5 subsection A of this section may be waived by a majority vote of the
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6 applicable school board or by a hospital board of directors or other
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7 governing body. Any approved waiver shall be submitted in writing,
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8 signed by all parties, by the wind energy facility operator to the
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9 Corporation Commission.
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10 C. Attestation of compliance with the setback requirements in
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11 this section shall be included in any reports required by the
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12 Corporation Commission. Stakeholder and landowner disputes arising
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13 under subsection A or B of this section shall fall under the
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14 exclusive jurisdiction of the district courts. The Corporation
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15 Commission may seek enforcement of the submission and attestation
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16 requirements of this subsection and subsection C D of this section
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17 through its administrative court system.
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18 C. D. After April 3, 2018, construction or operation of a
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19 proposed individual wind turbine or any other individual structure
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20 requiring a Federal Aviation Administration (FAA) Form 7460-1 that
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21 is part of a wind energy facility shall not encroach upon or
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22 otherwise have a significant adverse impact on the mission, training
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23 or operations of any military installation or branch of military as
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24 determined by the Military Aviation and Installation Assurance
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1 Siting Clearinghouse (Clearinghouse) and the FAA. Areas of impact
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2 include, but are not limited to, military training routes, drop
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3 zones, approaches to runways and bombing ranges. No individual wind
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4 turbine or any other individual structure that requires a an FAA
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5 7460-1 form that is part of a wind energy facility may be
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6 constructed or expanded unless there is an active Determination of
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7 No Hazard from the FAA and adverse impacts to the United States
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8 Department of Defense, pursuant to Title 32 of the Code of Federal
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9 Regulations, Section 211.6, have been resolved as evidenced by
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10 documentation from the Clearinghouse for the individual wind turbine
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11 or other individual structure. The Mission Compatibility
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12 Certification Letter or successor form may serve as such evidence of
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13 adverse impacts being resolved with the Department of Defense or
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14 successor agency.
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15 1. The Determination of No Hazard and documentation of the
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16 resolution of adverse impacts to the Department of Defense shall be
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17 filed with the Corporation Commission and the Oklahoma Department of
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18 Aerospace and Aeronautics.
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19 2. The requirements established by this subsection shall not
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20 prohibit the construction of an individual wind turbine or any other
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21 individual structure requiring a an FAA 7460-1 form that is part of
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22 a wind energy facility if that individual wind turbine or other
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23 individual structure has received a Determination of No Hazard or
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24 mitigation plan on or before April 3, 2018.
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1 3. The Corporation Commission is authorized to promulgate rules
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2 and regulations for the implementation of the provisions of this
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3 section and Section 160.21 of this title.
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4 D. E. If an owner of a wind energy facility fails to submit an
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5 active Determination of No Hazard and documentation that adverse
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6 impacts to the Department of Defense have been resolved by the
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7 Clearinghouse for the individual wind turbine or other individual
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8 structure prior to the start of construction, the owner shall be
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9 subject to an administrative penalty not to exceed One Thousand Five
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10 Hundred Dollars ($1,500.00) per day, per violation from the
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11 Corporation Commission as provided by law. In addition,
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12 stakeholders, including, but not limited to, the Corporation
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13 Commission or the Oklahoma Department of Aerospace and Aeronautics
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14 may institute an action in any court of general jurisdiction to
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15 prevent, restrain, correct, or abate any violation of subsection C D
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16 of this section other than Corporation Commission actions related to
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17 submissions or attestations.
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18 SECTION 2. This act shall become effective July 1, 2025.
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19 SECTION 3. It being immediately necessary for the preservation
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20 of the public peace, health or safety, an emergency is hereby
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21 declared to exist, by reason whereof this act shall take effect and
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22 be in full force from and after its passage and approval.
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24 60-1-588 RD 1/16/2025 2:23:08 PM
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Req. No. 588 Page 4Every fact on this page links to its source, starting with the official bill record.