House committee passes wind setback bill
The House Utilities Committee today passed legislation that will put in place a setback from wind turbines in counties that meet certain wind speed and population density requirements.
House Bill 2751, by Rep. Trey Caldwell, is the culmination of work being done by multiple House members who filed wind setback bills this session.
‘I appreciate the work of our Republican House members who came together to find a compromise that, while it doesn’t make everyone happy, addresses this issue in a way that works for all of Oklahoma,’ said Hilbert, R-Bristow. ‘Our twotiered committee process is intended to ensure work like this is done at the committee level, and this is a great example of the process working.’
The legislation puts in place:
• A setback of 2.5x the fall down height of a wind turbine from the property line or a quarter mile from an occupied dwelling, whichever is greater, in the counties that meet the criteria
• average wind speed below 9.5 mph according to Oklahoma Climatological Survey and;
• population density greater than 8.5 per square mile according to the 2020 US Census
‘This bill is about property rights at its core. We are trying to use common sense to mitigate disputes between property owners, some of which may want wind and some who don’t,’ said Caldwell, RFaxon. ‘This balances private property rights with the desire to encourage economic development in Oklahoma.’
The bill includes a local opt-in/opt-out option, allowing counties to, by popular vote, change their status of being subject to this wind setback. The bill also requires the Oklahoma Corporation Commission to maintain a list of counties and their wind setback status.
‘This legislation ensures that wind turbines can be where the wind blows consistently and at certain speeds in our state so they can generate efficient energy,’ said Rep. Tim Turner, R-Kinta. ‘This does not restrict wind projects but makes sure the projects are placed in areas where if subsidies were taken – per President Trump’s America First agenda – they are financially viable on their own.’
‘This well thought piece of legislation allows the state to set uniform policy while giving counties local control,’ said Rep. Mark Chapman, R-Broken Arrow. ‘This solution to the setback issue provides some clarity and a framework that all affected parties can work within.’
The bill applies to future projects and those that are not currently under construction. How ‘under construction’ is defined will continue to be worked on prior to the bill being heard in oversight committee.
‘This legislation ensures projects will not happen in eastern Oklahoma where the population density and wind speeds do not make these wind projects viable or make any sense,’ said Rep. Neil Hays, R-Checotah. ‘This legislation is a win for eastern Oklahoma.’
The House Utilities Committee passed the bill 8-3 and it will now move to the House Energy and Natural Resources Oversight Committee for further consideration.
