Multiple Amendments Enacted During the 2018 Legislative Session

1. A. After August 21, 2015, no wind energy facility may be constructed if the base of any tower is located at a distance of less than:

   1. 1. One and one-half (1 1/2) nautical miles from the center line of any runway located on:

      1. a. a public-use airport as defined in Section 120.2 of Title 3 of the Oklahoma Statutes, or
      2. b. an airport owned by a municipality;
   2. 2. One and one-half (1 1/2) nautical miles from any public school which is a part of a public school district; or
   3. 3. One and one-half (1 1/2) nautical miles from a hospital.
2. B. Attestation of compliance with the setback requirements in this section shall be included in any reports required by the Corporation Commission. Disputes arising under this section shall fall under the exclusive jurisdiction of the district courts.

3. C. After the effective date of this act, construction or operation of a proposed wind energy facility or proposed wind energy facility expansion shall not encroach upon or otherwise have a significant adverse impact on the mission, training or operations of any military installation or branch of military as determined by the Military Aviation and Installation Assurance Siting Clearinghouse and the Federal Aviation Administration. Areas of impact include, but are not limited to, military training routes, drop zones, approaches to runways and bombing ranges. No wind energy facility may be constructed or expanded unless an active Determination of No Hazard from the Federal Aviation Administration or an approved mitigation plan is obtained from the Military Aviation and Installation Assurance Siting Clearinghouse.

   1. 1. The Determination of No Hazard or mitigation plan shall be filed with the Corporation Commission.
   2. 2. The requirements established by this subsection shall not prohibit a wind energy facility construction or wind energy facility expansion if those facilities or facility expansions obtain a written Determination of No Hazard or mitigation plan on or before the effective date of this act.

   3. 3. The Corporation Commission shall promulgate rules and regulations for the implementation of the provisions of this section.

      Version 2 (as amended by Laws 2018, SB 1576, c. 179, § 1, emerg. eff. May 2, 2018)

   4. A. After August 21, 2015, no wind energy facility may be constructed if the base of any tower is located at a distance of less than:

      1. 1. One and one-half (1 1/2) nautical miles from the center line of any runway located on:

         1. a. a public-use airport as defined in Section 120.2 of Title 3 of the Oklahoma Statutes, or
         2. b. an airport owned by a municipality;
      2. 2. One and one-half (1 1/2) nautical miles from any public school which is a part of a public school district; or
      3. 3. One and one-half (1 1/2) nautical miles from a hospital.
   5. B. Attestation of compliance with the setback requirements in this section shall be included in any reports required by the Corporation Commission. Disputes arising under this section shall fall under the exclusive jurisdiction of the district courts.

   6. C. After the effective date of this act, construction or operation of a proposed wind energy facility or proposed wind energy facility expansion shall not encroach upon or otherwise have a significant adverse impact on the mission, training or operations of any military installation or branch of military as determined by the Military Aviation and Installation Assurance Siting Clearinghouse and the Federal Aviation Administration. Areas of impact include but are not limited to military training routes, drop zones, approaches to runways and bombing ranges. No wind energy facility may be constructed or expanded unless an active Determination of No Hazard from the Federal Aviation Administration or an approved mitigation plan is obtained from the Military Aviation and Installation Assurance Siting Clearinghouse.

      1. 1. The Determination of No Hazard or mitigation plan shall be submitted to the Corporation Commission.
      2. 2. The requirements established by this subsection shall not prohibit a wind energy facility construction or wind energy facility expansion if those facilities or facility expansions obtain a written Determination of No Hazard or mitigation plan on or before the effective date of this act.

      3. 3. The Corporation Commission shall promulgate rules and regulations for the implementation of the provisions of this section.

         Historical Data

         Laws 2015, SB 808, c. 92, § 2; Amended by Laws 2017, SB 593, c. 45, § 2, emerg. eff. April 17, 2017 (superseded document available); Amended by Laws 2018, HB 3561, c. 4, § 1, emerg. eff. April 3, 2018 (superseded document available); Amended by Laws 2018, SB 1576, c. 179, § 1, emerg. eff. May 2, 2018 (superseded document available).

Version 1 (as amended by Laws 2018, HB 3561, c. 4, § 1, emerg. eff. April 3, 2018)