One of the new laws to take effect the first of 2026 in Oklahoma will require wind farm operators to see Federal Aviation Administration approval of a light-mitigating system for aircraft approaching the project.
The law was created by SB713, authored by Sen. Darcy Jech (R)of Kingfisher and Rep. Carl Newton (R) Cherokee and requires light-mitigating technology for all wind energy facilities by 2026.
The two legislators attempted the same requirement in the 2024 session of the legislature but it was under SB1913. It failed to win full legislative approval. It was approved by the Senate on a 31-13 vote but no vote was ever taken by the full House. The measure barely won support when the House Energy and Natural Resources Committee voted 8-7 in favor of the measure.
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 160.23 of Title 17, unless there is created a duplication in numbering, reads as follows:
A. As used in this section:
1. “Light-mitigating technology system” means aircraft
detection lighting or any other comparable system capable of
reducing the impact of facility obstruction lighting while
maintaining conspicuity sufficient to assist aircraft in identifying
and avoiding collision with a wind energy facility;
2. “Wind energy facility” means an electrical generation
facility consisting of one or more wind turbines under common
ownership or operating control, and includes substations,
meteorological data towers, aboveground and underground electrical transmission lines, transformers, control systems, and other buildings or facilities used to support the operation of the
facility, and whose primary purpose is to supply electricity to an
off-site customer or customers. Wind energy facility shall not
include a wind energy facility located entirely on property held in
fee simple absolute estate by the owner of the wind energy facility;
3. “Repowering” means a rebuild or refurbishment of a majority
of the wind energy facility due to the facility reaching the end of
its useful life or useful reasonable economic life. The rebuild or
refurbishment does not constitute repowering if it is part of
routine major maintenance or the maintenance of or replacement of
equipment that does not materially affect the expected physical or
economic life of the facility; and
4. “Power offtake agreement” means a long-term contract that
provides for the provision of the whole or any part of the available
capacity or the sale or other disposal of the whole or any part of
the output of a wind energy facility. Sales of capacity or energy
into a capacity or power market do not constitute a power offtake
agreement.
B. On and after the effective date of this act, no new wind
energy facility may commence operations in this state unless the
developer, owner, or operator of the facility applies to the Federal
Aviation Administration (FAA) for installation of a light-mitigating
technology system that complies with FAA regulations provided in 14
C.F.R., Section 1.1 et seq. If approved by the FAA, the developer,
owner, or operator of such facility shall install the light mitigating technology system on the facility within twenty-four (24)
months after receipt of approval.
C. 1. Any developer, owner, or operator of a wind energy
facility that commences commercial operations in this state on or
before the effective date of this act without a light-mitigating
technology system shall apply to the FAA for installation of the
system in compliance with FAA regulations provided in 14 C.F.R.,
Section 1.1 et seq. upon the occurrence of either:
a. the repowering of the wind energy facility, or
b. entrance into or renewal of a new power offtake
agreement.
2. Upon approval of the application submitted to the FAA in
compliance with paragraph 1 of this subsection, the developer,
owner, or operator of such facility shall install the light mitigating technology system on the facility within twenty-four (24)
months after receipt of approval.
D. Any county may issue revenue bonds for the purpose of paying
all or part of the costs of the purchase, acquisition, and equipping
of a light-mitigating technology system, subject to the approval of
the FAA, for a wind energy facility that has commenced operations without a light-mitigating technology system prior to the effective date of this act.
E. Any costs associated with the installation, implementation,
operation, and maintenance of a light-mitigating technology system shall be the responsibility of the developer, owner, or operator of the wind energy facility. For public utilities subject to rate regulation by the Corporation Commission, costs incurred directly by the public utility in compliance with this act may seek recovery subject to review and order of the Corporation Commission.
F. Wind energy facilities shall maintain operations of
installed light-mitigating technology systems in accordance with
Corporation Commission rule.
G. The Corporation Commission shall have the authority to
enforce the provisions of this section and may promulgate rules to
effectuate the provisions of this section.
SECTION 2. This act shall become effective November 1, 2025