Some might suggest the bill approved by the House of Representatives on Wednesday is “tilting at windmills” but the measure will put setback restrictions on wind farm development in the state and affect landowners, those who want the wind towers and those who don’t.
House Bill 2751 by Rep. Trey Caldwell, R-Faxon, won approval after lengthy debate on a vote of 68-22 even though opponents and critics charged the measure sent the wrong message to the wind industry.
Question after question arose as Caldwell explained the measure would end up with different impacts on the western half of the state and the counties located east of I-35. The bill calls for a wind turbine setback of one-half mile from homes and applies population densities and average wind speeds in determining their location. It also allows counties to hold special elections to make changes to the setback requirements.
Even some of supporters of the bill agreed it was not “perfect” but it was still a “good solution” as described by Rep. Mark Chapman, R-Broken Arrow.
Stronger wind speeds in western Oklahoma mean wind turbines don’t have to be atop taller towers than those in the eastern part of the state where wind speeds require taller towers, some as high as 720 feet.
Caldwell admitted it was not a perfect bill but one that included compromise reached Tuesday evening at 5 o’clock. Two eastern Oklahoma counties, Pushmataha and Pottawatomie, would not be immediately impacted because of greater wind speeds located there.
He also declared that, “the bill will not affect a single wind tower already up in the state of Oklahoma.” But it will have an impact on new wind turbines and where they will be allowed to be constructed.
Rep. John Waldron, D-Tulsa maintained the bill “kicked the problem back to the counties” and “takes the teeth out of a moratorium bill.”
“We shouldn’t be getting in the way of the wind industry and should be respecting the right of landowners,” he added.
One opponent, Rep. Cyndi Munson, D-OKC, argued it was an “alarming precedent set in this chamber” and the measure is “hurting our state.” She maintained that it created property rights “but not for all” and the bill was sending the message it “is a ban.”
“It’s pitting neighbors and against neighbors,” she said, referring to landowners who might want the wind towers located on their property.
“I push back on the thought that this is an infringement on property rights,” responded Rep. Caldwell in his final debate for the bill.
The bill puts in place:
- A setback of 1.5x the tip height of a wind turbine from the property line or a half 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
Prior to the final vote, an attempt by Rep. Jim Shaw, R-Chandler to create tighter restrictions through a proposed amendment failed on a vote of 18 in favor and 72 against.
The final vote is shown below:
THIRD PASSED
READING
YEAS: 68 RCS# 406
NAYS: 22 03/26/2025
EXC : 7 12:37 PM
C/P : 2 406
YEAS: 68
Adams Eaves Lawson Sneed
Archer Fetgatter Lay Staires
Banning Ford Lepak Stark
Bashore Gann Manger Sterling
Blair George Marti Stinson
Boles Gise May Strom
Burns Hall Maynard Tedford
Caldwell (C) Hardin Miller Turner
Caldwell (T) Harris Moore West (K)
Cantrell Hays Newton West (R)
Chapman Hildebrant Olsen West (T)
Cornwell Hill Osburn Wilk
Crosswhite Hader Jenkins Patzkowsky Williams
Culver Johns Pfeiffer Wolfley
Dempsey Kane Roberts Woolley
Dobrinski Kelley Shaw Worthen
Duel Kerbs Smith Mr. Speaker
NAYS: 22
Bennett Kendrix Pogemiller Steagall
Blancett Lowe (D) Provenzano Stewart
Deck Luttrell Ranson Townley
Fugate Menz Roe Waldron
Hefner Munson Schreiber West (J)
Kannady Pae
EXCUSED: 7
Alonso-Sandoval Hasenbeck McCane Rosecrants
Dollens Lowe (J) Pittman
CONSTITUTIONAL PRIVILEGE: 2
Grego Humphrey
VACANCY: 2