As some Oklahoma legislative observers remind us, “nothing is dead in the legislature until sine die is declared” and such is the case for the wind farm setback bill, SB2.
After the House of Representatives defeated the measure Tuesday evening on a 44-49 vote, it was resurrected Wednesday on a move by Rep. Trey Caldwell, R-Faxon and remains alive with the final results to be determined by a conference committee.
When it was defeated Tuesday, Elk City Republican Rep. Nick Archer led some of the opposition contending it would allow local governments to create “viewshed restrictions” and also take private property without compensation. He also argued the bill could allow a simple majority vote to override individual property rights.
Rep. Caldwell wasn’t finished and on Wednesday brought the measure back up for a vote but without the title, meaning if approved, it would go to a conference committee. Caldwell’s similar bill in the House, HB2751 failed last month in a Senate Committee and called for a setback of wind turbines from property lines and homes amounting to one and one-half times the height of the tower or one-half mile from property lines.
Democrats and opponents challenged the latest effort with Oklahoma City Rep. Andy Fugate asking, “Do we want to go back and revisit this vote…why do it again?” His challenge of a ruling of the chair regarding the effort was voted down 76-16.
Under questioning, Rep. Caldwell said he “wants to move to conference committee to keep the bill alive” and admitted he did not know what might come out of a compromise effort.
Tulsa Rep. John Waldron, a Democrat, wondered why there was an effort “resurrecting over and over again” on the measure.
“We’re trying to establish a framework to assure all Oklahoma property owners rights are assured,” answered Caldwell, adding under more questioning, “We’re going to continue these conversations right up to sine die.”
Caldwell later claimed under questioning, “This is not a Trey Caldwell bill. It’s the work of 6 or 7 legislators who am up with it weeks ago. I did not come up with any specific language in this bill.”
Fugate still questioned the resurrection, stating “We have no idea what the bill will entail.”
The House approved the measure on a 54-39 vote.
YEAS: 54
Adams Ford Lawson Sneed
Bashore Gann Lay Stark
Blair George Lepak Sterling
Boles Gise Marti Tedford
Caldwell (C) Hall May Turner
Caldwell (T) Hasenbeck Maynard West (K)
Cantrell Hays Miller West (T)
Chapman Hildebrant Moore Wilk
Cornwell Hill Olsen Williams
Crosswhite Hader Humphrey Pfeiffer Wolfley
Dempsey Jenkins Roberts Woolley
Duel Johns Shaw Worthen
Eaves Kane Smith Mr. Speaker
Fetgatter Kerbs
NAYS: 39
Alonso-Sandoval Harris Osburn Staires
Archer Kannady Pae Steagall
Bennett Kelley Patzkowsky Stewart
Blancett Kendrix Pittman Stinson
Burns Lowe (D) Pogemiller Strom
Culver Luttrell Provenzano Townley
Deck McCane Ranson Waldron
Dobrinski Menz Roe West (J)
Dollens Munson Rosecrants West (R)
Fugate Newton Schreiber