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

TECHNICAL

Added a new sponsor name (Seifried of the Senate) to the bill authorship line.

Changed the document header from 'HOUSE OF REPRESENTATIVES - FLOOR VERSION' to 'HOUSE OF REPRESENTATIVES - FLOOR VERSION' with adjusted formatting and page numbering.

Reformatted the bill text layout and page markers to match the floor version standard, but all substantive legislative text remains identical.

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

MODERATE

The bill was amended to add a new co-sponsor (Hays), update the committee type from 'Proposed Policy' to standard 'Committee Substitute', and reorganize the text to conform to House Committee Substitute formatting. The substantive policy content regarding wind energy setback requirements remains unchanged.

Scope change

No substantive change to the bill's scope or applicability; changes are primarily formatting and administrative.

TECHNICAL

Title changed from 'Proposed Policy Committee Substitute' to 'Committee Substitute' to reflect House Committee processing.

Added co-sponsor 'Hays' to the bill authorship line.

Updated requirement number from 12776 to 13189 and adjusted page numbering.

Minor text reorganization to conform to House Committee Substitute formatting standards.

Proposed Policy Committee Substitute 1 → Proposed Policy Committee Substitute 2 · 6 edits

MODERATE

The bill was completely rewritten to replace electric transmission facility regulations with wind energy setback requirements. The new version establishes setback rules for wind turbines in counties with specific population density or wind speed criteria, includes provisions for property owner waivers, and allows county voters to modify or eliminate setback requirements through a referendum.

Scope change

The bill's scope changed from regulating electric transmission facilities statewide to regulating industrial wind turbines specifically in affected counties based on population density and wind speed criteria.

SCOPE

Removed all provisions related to electric transmission facilities, including authority for the Oklahoma Corporation Commission regarding transmission lines, competitive bidding requirements, and transmission facility construction rules.

DEFINITION

Added new definitions for 'affected county' (population density greater than 8.5 persons per square mile or average wind speed less than 9.5 mph), 'industrial wind turbine', 'tip height', and 'tower'.

REQUIREMENT

Established setback requirements for wind turbines at 2.5 times the tip height or 0.25 miles, whichever is greater, measured from the nearest point on property lines.

ELIGIBILITY

Added provision allowing real property owners to waive setback requirements if they own property within the setback zone.

ENFORCEMENT

Added referendum process allowing county voters to modify or eliminate setback limitations, with votes occurring no more often than once every five years.

TECHNICAL

Added requirement for Oklahoma Corporation Commission to maintain a publicly accessible database tracking setback provision status and expiration dates for each county.

Proposed Committee Substitute (full committee) 1 → Proposed Policy Committee Substitute 1 · 7 edits

MODERATE

The bill was amended to shift its focus from regulating wind energy setbacks to granting authority to the Oklahoma Corporation Commission over electric transmission facilities. The substantive policy content was completely replaced, changing the subject matter from wind turbine placement restrictions to transmission infrastructure oversight.

Scope change

Changed from wind energy setback regulations to electric transmission facility authority and construction requirements

SCOPE

Removed all provisions related to wind energy setbacks, tower height requirements, and population density thresholds for wind turbines

Added authority for the Oklahoma Corporation Commission to oversee high-voltage transmission lines (300kV or greater) and ensure lowest reasonable cost for consumers

REQUIREMENT

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

Added requirement to use an independent evaluator to oversee competitive bid solicitations, considering construction costs, reliability, and decommissioning

TIMELINE

Changed effective date from unspecified to July 1, 2025

DEFINITION

Removed definitions for affected counties, industrial wind turbines, tip height, and tower structures

Added provisions about transmission developers and competitive bid solicitation oversight

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

MODERATE

The bill was completely rewritten by the House Oversight Committee to strengthen wind energy setback requirements. The new version increases minimum setback distances, clarifies when rules apply, adds new exemptions for existing turbine owners, and modifies the voter referendum process.

Scope change

The bill now applies to towers whose physical construction begins on or after the effective date, and excludes entities that already own wind turbines under existing power sales contracts.

REQUIREMENT

Increased minimum setback distance from 1.5 times tip height to the greater of 2.5 times tip height or 0.25 miles

Changed setback measurement from property line to property line to nearest point at which improvement to real property is located

ELIGIBILITY

Added exemption for entities that own wind turbines and have existing contracts for selling electricity produced by those turbines

TIMELINE

Clarified that setback provisions apply only to towers whose physical construction begins on or after the effective date

DEFINITION

Revised definition of 'Improvement to real property' to clarify it includes buildings used by for-profit or nonprofit entities

ENFORCEMENT

Changed waiver procedure to require some part of real property to be within setback distance rather than a point along property line

Introduced → Engrossed · 8 edits · Mar 26, 2025

MODERATE

The bill was completely rewritten to shift focus from electric transmission facilities to wind energy. The new version establishes setback requirements for wind turbines in counties with higher population density and wind speeds, defines key terms like 'industrial wind turbine' and 'tip height', and creates a process for counties to vote on whether to adopt or modify these setback rules.

Scope change

The bill's scope changed from regulating electric transmission facilities to regulating wind energy development, specifically focusing on setback requirements for wind turbines.

SCOPE

Bill subject matter changed from electric transmission facilities to wind energy development

DEFINITION

New definitions added for 'affected county', 'dwelling', 'industrial wind turbine', 'substantial construction activity', 'tip height', and 'tower'

REQUIREMENT

Setback requirements established: towers must be at least 1.5 times their tip height from property lines or 0.5 nautical miles from dwellings

Property owners can waive setback requirements by executing a lease agreement with a wind energy company

Removed provisions related to competitive bidding, independent evaluators, and Certificate of Authority for electric transmission facilities

ELIGIBILITY

Setback rules apply only to counties with population density greater than 8.5 persons per square mile and average wind speed of at least 9.5 mph

ENFORCEMENT

New voting mechanism added allowing county electors to approve, modify, or eliminate setback requirements through referendum

TIMELINE

Effective date changed from November 1, 2025 to the effective date of the act

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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