Wind farm setbacks and biosolids fertilizer to be discussed in Senate Committee hearing

  • August 25, 2025

 

 

Just because the idea of wind and solar farm setbacks failed to become law in the recent Oklahoma legislative session doesn’t mean the issue has died for good. The same applies for another controversial item that didn’t become law—the application of Human Biosolids on farmland and other sites.

Both topics will be raised at an upcoming hearing to be held by the State Senate Energy Committee. It will be held Wednesday, September 3 at 9 a.m. in Senate Room 230 of the State Capitol Building.

Senator Casey Murdock, R-Felt called for discussion of wind and solar farm setbacks. More than one setback bill was filed in the recent session of the legislature and the most prominent, SB2, 
authored by Sen. Grant Green, who is chairman of the Energy Committee, and Rep. Trey Caldwell, received some approval but late in the session, Senate President Lonnie Paxton announced there would be no vote on the measure. He said the decision came after SB2 changed from its original version to mirror HB2751 which failed in the Senate Energy Committee. HB2751 was authored by Rep. Trey Caldwell and Sen. Ally Seifried.
“Senate Bill 2, as originally introduced by Senator Grant Green, was a reasonable measure that struck a balance between landowner rights and reasonable setback requirements,” Pro Tem Paxton said. “I commend Senator Green for fighting for this legislation and the amount of work he has put into it. I made the decision to hit pause on this bill because it violates the Senate’s final action rule, as legislation with this language already failed in the Senate Energy Committee. In its current form, this bill would arguably legislate an industry out of business and likely draw legal challenges.
He also contended that HB2751 created unreasonable setback requirements.

“Furthermore, politics, misinformation and petty personal agendas have co-opted the debate on this bill, resulting in senators being harassed and making it nearly impossible to have a serious, rational policy discussion on this bill and other wind energy regulations this late in session.”

The second controversial issue to be brought up later in the day will focus on the use of human biosolids or waste as farm fertilizer. Sen. Randy Grellner, R-Cushing, wants a discussion of failed efforts in the recent legislative session or new attempts perhaps in the coming legislative session. The topic will be discussed at 3 p.m. and no specific bill was included in the agenda.

173 Composting Sludge Royalty-Free Photos and Stock Images | Shutterstock

However, the issue was the target of SB3 by Sen. Green and Rep. John George in the concluded 2025 session.

“Oklahomans pride themselves on being good neighbors, but the stench from biosolid fertilizers and the swarms of flies invading homes are anything but neighborly,” Green said at the time. “Every resident deserves to feel comfortable and safe in their own home, and Senate Bill 3 is a crucial step in safeguarding that right.”

He also raised the issue of whether such biosolids might contain “forever” chemicals.

“Sewage sludge and biosolids pose a serious threat to Oklahoma’s water and food supply, and as a conscientious agricultural producer, I simply cannot stand by and allow the continued use of these toxic materials,” Green said.

The bill received Senate approval but in the House, was referred to a committee and no final vote was held on the measure.

“To protect the health and safety of the people of Oklahoma,
a moratorium is hereby established on land application of sludge and biosolid material in this state until July 1, 2028. On and after
the effective date of this act, the Department of Environmental
Quality shall not issue or renew any permit for the land application of sludge or biosolid material and all active permits shall be revoked until July 1, 2028,” stated the measure.

Jerry Bohnen