{"data":{"id":"us-ok/okla.-stat.-tit.-17-17-160.23","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 17, § 17-160.23","heading":"Light-mitigating technology system requirement for wind","body":"energy facilities.\n\nA. As used in this section:\n\n1. “Light-mitigating technology system” means aircraft\n\ndetection lighting or any other comparable system capable of\n\nreducing the impact of facility obstruction lighting while\n\nmaintaining conspicuity sufficient to assist aircraft in identifying\n\nand avoiding collision with a wind energy facility;\n\n2. “Wind energy facility” means an electrical generation\n\nfacility consisting of one or more wind turbines under common\n\nownership or operating control, and includes substations,\n\nmeteorological data towers, aboveground and underground electrical\n\ntransmission lines, transformers, control systems, and other\n\nbuildings or facilities used to support the operation of the\n\nfacility, and whose primary purpose is to supply electricity to an\n\noff-site customer or customers. Wind energy facility shall not\n\ninclude a wind energy facility located entirely on property held in\n\nfee simple absolute estate by the owner of the wind energy facility;\n\n3. “Repowering” means a rebuild or refurbishment of a majority\n\nof the wind energy facility due to the facility reaching the end of\n\nits useful life or useful reasonable economic life. The rebuild or\n\nrefurbishment does not constitute repowering if it is part of\n\nroutine major maintenance or the maintenance of or replacement of\n\nequipment that does not materially affect the expected physical or\n\neconomic life of the facility; and\n\n4. “Power offtake agreement” means a long-term contract that\n\nprovides for the provision of the whole or any part of the available\n\ncapacity or the sale or other disposal of the whole or any part of\n\nthe output of a wind energy facility. Sales of capacity or energy\n\ninto a capacity or power market do not constitute a power offtake\n\nagreement.\n\nB. On and after January 1, 2026, no new wind energy facility\n\nmay commence operations in this state unless the developer, owner,\n\nor operator of the facility applies to the Federal Aviation\n\nAdministration (FAA) for installation of a light-mitigating\n\ntechnology system that complies with FAA regulations provided in 14\n\nC.F.R., Section 1.1 et seq. and to the Federal Communications\n\nCommission (FCC) regarding frequency licensing and antenna structure\n\nregistration, as applicable, as provided in 47 C.F.R., Sections\n\n90.101 and 17.4. If approved by the FAA and the FCC, the developer,\n\nowner, or operator of such facility shall install the light-\n\nmitigating technology system on the facility within twenty-four (24)\n\nmonths after receipt of approval.\n\nC. 1. Any developer, owner, or operator of a wind energy\n\nfacility that commences commercial operations in this state on or\n\nbefore the effective date of this act without a light-mitigating\n\ntechnology system shall apply to the FAA for installation of the\n\nsystem in compliance with FAA regulations provided in 14 C.F.R.,\n\nSection 1.1 et seq. and to the FCC regarding frequency licensing and\n\nantenna structure registration, as applicable, as provided in 47\n\nC.F.R., Sections 90.101 and 17.4 upon the occurrence of either:\n\na. the repowering of the wind energy facility, or\n\nb. entrance into or renewal of a new power offtake\n\nagreement.\n\n2. Upon approval of the application submitted to the FAA and\n\nthe FCC in compliance with paragraph 1 of this subsection, the\n\ndeveloper, owner, or operator of such facility shall install the\n\nlight-mitigating technology system on the facility within twenty-\n\nfour (24) months after receipt of approval.\n\nD. Any county may issue revenue bonds for the purpose of paying\n\nall or part of the costs of the purchase, acquisition, and equipping\n\nof a light-mitigating technology system, subject to the approval of\n\nthe FAA and FCC, for a wind energy facility that has commenced\n\noperations without a light-mitigating technology system prior to the\n\neffective date of this act.\n\nE. Any costs associated with the installation, implementation,\nue bonds for the purpose of paying\n\nall or part of the costs of the purchase, acquisition, and equipping\n\nof a light-mitigating technology system, subject to the approval of\n\nthe FAA and FCC, for a wind energy facility that has commenced\n\noperations without a light-mitigating technology system prior to the\n\neffective date of this act.\n\nE. Any costs associated with the installation, implementation,\n\noperation, and maintenance of a light-mitigating technology system\n\nshall be the responsibility of the developer, owner, or operator of\n\nthe wind energy facility. For public utilities subject to rate\n\nregulation by the Corporation Commission, costs incurred directly by\n\nthe public utility in compliance with this act may seek recovery\n\nsubject to review and order of the Corporation Commission.\n\nF. Wind energy facilities shall maintain operations of\n\ninstalled light-mitigating technology systems in accordance with\n\nCorporation Commission rule.\n\nG. The Corporation Commission shall have the authority to\n\nenforce the provisions of this section and may promulgate rules to\n\neffectuate the provisions of this section.","path":["OK Code","Title 17"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os17.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"2b8a091cc74376af96c2cc4ec38fe0dcac982b76b6afd9e5e1fe13b5032f4475","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-17-17-160.22","next":"us-ok/okla.-stat.-tit.-17-17-160.31"},"notice":"GroundRules: Original legal text. Not legal advice."}