Oklahoma § 17-160.23 - Light-mitigating technology system requirement for wind

§ 17-160.23. Light-mitigating technology system requirement for wind

energy facilities.

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 January 1, 2026, no new wind energy facility

may commence operations in this state unless the developer, owner,

Oklahoma Statutes - Title 17. Corporation Commission

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. and to the Federal Communications

Commission (FCC) regarding frequency licensing and antenna structure

registration, as applicable, as provided in 47 C.F.R., Sections

90.101 and 17.4. If approved by the FAA and the FCC, the developer,

owner, or operator of such facility shall install the lightmitigating 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. and to the FCC regarding frequency licensing and

antenna structure registration, as applicable, as provided in 47

C.F.R., Sections 90.101 and 17.4 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 and

the FCC 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 twentyfour (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 and FCC, 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.

Added by Laws 2025, c. 355, § 1, eff. Jan. 1, 2026.

Oklahoma Statutes - Title 17. Corporation Commission