The legislation did not receive the necessary votes during a House session Tuesday. But Rep. Trey Caldwell (R-Faxon), who authored it with Sen. Grant Green (R-Wellston), said he wanted lawmakers to reconsider.
On Wednesday, the body moved to send the legislation to conference, where it could be altered and put back to a vote.
The bill would require new wind turbines to be set back at least 1.5 times the tower’s height from non-participating property lines or a half nautical mile from a dwelling. It only applies to counties with a population density greater than 8.5 people per square mile and an average wind speed of less than 9.5 miles per hour.
Lawmakers have largely referred to eastern counties as the affected areas.
Proponents of the bill say it would protect property owners, while those against it have voiced concern over its constitutionality and potential hindrance to the wind energy industry.
While debating against the legislation, Rep. Nick Archer (R-Elk City) referenced the U.S. Constitution’s Fifth and Fourteenth Amendments.
“You cannot take someone's right to income from their property without just compensation,” he said.
Landowners have received income from leasing property to wind energy companies, particularly in western Oklahoma.
Rep. John Waldron (R-Tulsa) praised renewable energy’s role in creating jobs and contributing tax dollars to schools in rural areas.
“So why are we trying to roll back progress?” he asked. “Why are we denying rural Oklahoma a chance at this bonanza of energy, economic development, jobs and taxes?”
While pushing for reconsideration of the bill on Wednesday, Caldwell indicated he is open to compromises on the language. The legislation could undergo significant changes while in a conference committee.
“ I don't have non-negotiables when it comes to this stuff,” Caldwell said. “We'll see where it goes.”
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