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) · 5 edits

MODERATE

The bill was revised from the House version to the Senate version, primarily adding a new sponsor (Pfeiffer of the House) and updating the effective date for new setback requirements from November 1, 2025 to June 1, 2025. The Senate version also reorganized the statutory language, adding new subsections regarding military installation impacts and administrative penalties for non-compliance, while clarifying jurisdiction for disputes between stakeholders and landowners.

Scope change

The bill's scope was expanded to include explicit provisions addressing impacts on military installations and clarifying the jurisdiction of district courts versus the Corporation Commission for certain disputes.

TIMELINE

The effective date for new setback requirements for residential dwellings and property boundaries was changed from November 1, 2025 to June 1, 2025, accelerating when these restrictions begin to apply.

REQUIREMENT

New provisions were added requiring that construction or operation of wind turbines near military installations must not have a significant adverse impact on military operations, with specific evidence requirements from the FAA and Department of Defense.

ENFORCEMENT

New language clarifies that stakeholder and landowner disputes regarding setback requirements fall under the exclusive jurisdiction of district courts, while the Corporation Commission retains authority over administrative penalties and enforcement of compliance submissions.

Administrative penalties for failing to submit required FAA documentation before construction begin were increased to $1,500 per day per violation, with additional authority for stakeholders to seek court injunctions.

ELIGIBILITY

The bill now explicitly prohibits construction of wind turbines near military installations unless a Determination of No Hazard or mitigation plan was received on or before April 3, 2018, creating a grandfathering provision for pre-existing projects.

SB2 (3-24-25) (GREEN) FS FA1.PDF → Floor (House) · 5 edits

MODERATE

The bill was converted from a Senate floor substitute version to an engrossed House floor version with substantive amendments. Key changes include formatting updates, addition of committee report information, and modifications to military setback requirements and FAA form references. The core wind energy setback provisions remain largely unchanged but were reorganized during the House floor process.

Scope change

The bill's substantive scope regarding wind energy facility setbacks remains the same, though formatting and organizational structure were modified during the House floor review process.

TECHNICAL

Document header changed from 'FLOOR SUBSTITUTE' to 'ENGROSSED SENATE BILL' with updated page numbering and formatting

Added committee report information from the Committee on Energy and Natural Resources Oversight

Military setback subsection reorganized with subsection letters changed from C to D and E, and FAA form reference simplified from '7460-1' to '74'

REQUIREMENT

Military impact language modified to clarify that impacts include training routes, drop zones, approaches, and bombing ranges

ENFORCEMENT

Enforcement language adjusted to reference 'C D' subsection for violations, indicating merged subsection numbering

Engrossed → SB2 (3-24-25) (GREEN) FS FA1.PDF · 3 edits

MINOR

The bill was amended to add a 'Floor Substitute' designation and reorganize the header information, while the substantive policy content regarding wind energy facility setback requirements and military installation protections remains unchanged. The core provisions establishing distance requirements for wind turbines near airports, schools, hospitals, and residences, along with military aviation protections and effective dates, are identical to the original version.

Scope change

No substantive change to the bill's scope or applicability; only formatting and header information were modified.

TECHNICAL

Added 'Floor Substitute' designation and reorganized header information to indicate this is a substitute bill version.

Changed page numbering and footer information from 'ENGR. S. B. NO. 2' to 'Req. No. 1868' to reflect the new bill version.

Removed original page headers and footers that identified the document as the 'Engrossed' version.

Amended And Engrossed → Engrossed · 6 edits · Mar 27, 2025

MODERATE

This bill amends Oklahoma's wind energy setback laws by adding stricter distance requirements between wind turbines and sensitive locations like schools, hospitals, and residential homes. It also introduces a phased implementation timeline with more stringent rules taking effect on November 1, 2025, and adds provisions for military installation safety assessments.

Scope change

The bill expands setback requirements from only public airports to include schools, hospitals, and residential dwellings, while also adding new requirements for military installation safety assessments.

REQUIREMENT

Added new setback distances of 1.5 nautical miles from schools and hospitals, and 0.25 nautical miles from residential dwellings and nonparticipating property.

Added new requirements for military installation safety assessments using FAA Form 7460-1 and Department of Defense clearance before construction.

TIMELINE

Established a phased implementation with current rules applying until November 1, 2025, after which stricter setback requirements take effect.

DEFINITION

Added definitions for 'affected county,' 'dwelling,' 'industrial wind turbine,' 'substantial construction activity,' 'tip height,' and 'tower' to clarify application of setback rules.

ENFORCEMENT

Added administrative penalties of up to $1,500 per day per violation for failure to submit required military safety documentation.

TECHNICAL

Removed Representative Pfeiffer as principal House author and substituted with Representative Caldwell (Trey).

Introduced → Amended And Engrossed · 7 edits · Mar 27, 2025

MODERATE

The bill was amended to replace the original wind energy setback requirements with a new framework that includes population density and wind speed criteria, adds waiver options for property owners, and introduces a mechanism for county voters to approve or modify setback limitations. The amendment also updates authorship information and restructures the bill to include new legislative findings and definitions.

Scope change

The bill's scope was expanded to include population density and wind speed thresholds for determining applicability, and added provisions for property owner waivers and county-level voter approval processes.

REQUIREMENT

Replaced fixed setback distances with variable requirements based on tower tip height and property proximity to dwellings in affected counties.

Introduced new waiver mechanism allowing property owners to opt out of setback requirements through lease agreements or voluntary consent.

ELIGIBILITY

Added definition of 'affected county' based on population density greater than 8.5 persons per square mile and average wind speed less than 9.5 mph.

ENFORCEMENT

Added provision for county voters to approve, modify, or eliminate setback limitations through ballot measures.

DEFINITION

Added new definitions for 'dwelling', 'improvement to real property', 'industrial wind turbine', 'substantial construction activity', 'tip height', and 'tower'.

TIMELINE

Updated bill authorship information to remove Representative Pfeiffer and substitute Representative Caldwell.

TECHNICAL

Added legislative findings section explaining the rationale for uniform setback requirements based on population density and wind speed.

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

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