2019 Oklahoma Statutes
Title 17. Corporation Commission
§17-160.21v2. Notification of intent to build a facility.
A. The owner of a wind energy facility shall submit notification of intent to build a facility to the Corporation Commission within six (6) months of the initial filing with the Federal Aviation Administration (FAA) of a FAA 7460-1 form. The Corporation Commission shall prescribe the form and submittal requirements of the notification; provided, the information required on the notification form shall include at least the same information required on the FAA form and a map of the project boundary. The owner of a wind energy facility shall submit to the Oklahoma Aeronautics Commission copies of all initial FAA 7460-1 forms for all individual wind turbines or any other individual structure that requires a FAA Form 7460-1 that is part of a wind energy facility within thirty (30) days of the initial filing with the FAA. The Aeronautics Commission shall prescribe the submittal requirements for the 7460-1 form. The owner of the wind energy facility shall send copies of the notification to the board of county commissioners of every county in which all or a portion of the wind energy facility is to be located within twenty-four (24) hours of filing with the Corporation Commission. If all or a portion of the wind energy facility is to be located within the incorporated area of a municipality, copies of the notification shall also be sent to the governing body of the municipality within twenty-four (24) hours of filing with the Corporation Commission. If the owner of a wind energy facility is required to file subsequent 7460-1 forms with the FAA due to changing locations or heights of individual structures from the locations or heights originally proposed in the initial 7460-1 forms submitted to the Aeronautics Commission, the owner shall, within ten (10) days of filing with the FAA, submit such subsequent 7460-1 forms to the Corporation Commission and Aeronautics Commission. A wind energy facility owner shall not be required to start the notification processes over unless the subsequent 7460-1 forms expand the project beyond its original boundaries submitted to the Corporation Commission.
B. Within ten (10) days of receiving a FAA 7460-1 form, as provided for in subsection A of this section, the Aeronautics Commission shall notify the Oklahoma Strategic Military Planning Commission. The Oklahoma Strategic Military Planning Commission shall notify local base commanders upon receipt of this notification. The Oklahoma Strategic Military Planning Commission shall submit a letter to the Military Aviation and Installation Assurance Siting Clearinghouse outlining potential areas of impact, as provided in Section 160.20 of this title, within thirty (30) days of receipt of the notification. The letter from the Oklahoma Strategic Military Planning Commission shall be submitted to the Corporation Commission, the Aeronautics Commission and the wind energy facility owner at the same time the letter is submitted to the Clearinghouse.
C. Within six (6) months of submitting the notification with the Corporation Commission as provided for in subsection A of this section, the owner of the wind energy facility shall cause a copy of the notification to be published in a newspaper of general circulation in the county or counties in which all or a portion of the wind energy facility is to be located. Proof of publication shall be submitted to the Corporation Commission.
D. Within six (6) months of submitting the notification with the Corporation Commission as provided in subsection A of this section, the owner of the wind energy facility shall cause a copy of the notification to be sent, by certified mail, to:
1. Any operator, as reflected in the records of the Corporation Commission, who is conducting oil and gas operations upon all or any part of the surface estate as to which the wind energy developer intends the construction of the wind energy facility;
2. Any operator, as reflected in the records of the Corporation Commission, of an unspaced unit, or a unit created by order of the Corporation Commission, who is conducting oil and gas operations for the unit where all or any part of the unit area is within the geographical boundaries of the surface estate as to which the wind energy developer intends the construction of the wind energy facility; and
3. As to tracts of land not described in paragraphs 1 and 2 of this subsection on which the wind energy developer intends to construct a wind energy facility, all lessees of oil and gas leases covering the mineral estate underlying any part of the tracts of land that are filed of record with county clerk in the county where the tracts are located and whose primary term has not expired.
If the wind energy developer makes a search with reasonable diligence, and the whereabouts of a party entitled to any notice described in this subsection cannot be ascertained or such notice cannot be delivered, then an affidavit attesting to such diligent search for the parties shall be placed in the records of the county clerk where the surface estate is actually located.
E. Within sixty (60) days of publishing the notification in a newspaper as provided for in subsection C of this section, the owner of the wind energy facility shall hold a public meeting. Notice of the public meeting shall be published in a newspaper of general circulation and submitted to the board of county commissioners in the county or counties in which all or a portion of the wind energy facility is to be located. The notice shall contain the place, date and time of the public meeting. Proof of publication of the notice shall be submitted to the Corporation Commission. The public meeting shall be held in one of the counties in which all or a portion of the wind energy facility is to be located.
F. With regard to the surface estate upon which the owner of a wind energy facility intends to construct a wind energy facility, at least sixty (60) days before entering upon the surface estate for the purposes of commencement of construction of the wind energy facility, the owner shall provide written notice, by certified mail, of its intent to construct the wind energy facility to:
1. Any operator, as reflected in the records of the Corporation Commission, who is conducting oil and gas operations upon all or any part of the surface estate as to which the wind energy developer intends the construction of the wind energy facility;
2. Any operator, as reflected in the records of the Corporation Commission, of an unspaced unit, or a unit created by order of the Corporation Commission, who is conducting oil and gas operations for the unit where all or any part of the unit area is within the geographical boundaries of the surface estate as to which the wind energy developer intends the construction of the wind energy facility; and
3. As to tracts of land not described in paragraphs 1 and 2 of this subsection on which the wind energy developer intends to construct a wind energy facility, all lessees of oil and gas leases covering the mineral estate underlying any part of the tracts of land that are filed of record with county clerk in the county where the tracts are located and whose primary term has not expired.
The notice shall contain a map or plat of the proposed location, with sufficient specificity of all of the various elements of the wind energy facility to be located on the governmental section which includes all or any part of the tracts of land described in paragraphs 1, 2 and 3 of this subsection and the approximate date that the owner of the wind energy facility proposes to commence construction. If the wind energy developer makes a search with reasonable diligence, and the whereabouts of a party entitled to any notice described in this subsection cannot be ascertained or such notice cannot be delivered, then an affidavit attesting to such diligent search for the parties shall be placed in the records of the county clerk where the surface estate is actually located. Within thirty (30) days of receiving said notice, any operator, as described in paragraphs 1, 2 and 3 of this subsection shall reciprocate, in writing by certified mail, certain site, operational and infrastructure information, with sufficient specificity, to be shared with the owner of the wind energy facility to assist both with the safe construction and operation pertaining to the surface estate. This information should include ALTA surveys of existing subsurface and surface improvements on the property, if any, as well as other technical specifications for existing improvements such as pipe size, material, capacity and depth.
G. The owner of a wind energy facility shall not commence construction on the facility until the notification and public meeting requirements of this section have been met. If an owner of a wind energy facility fails to submit the information as required in this section, the owner shall be subject to an administrative penalty from the Corporation Commission not to exceed One Thousand Five Hundred Dollars ($1,500.00) per day, per violation as provided by law.
Added by Laws 2015, c. 92, § 3. Amended by Laws 2017, c. 45, § 1, emerg. eff. April 17, 2017; Laws 2018, c. 179, § 2, emerg. eff. May 2, 2018; Laws 2019, c. 310, § 2, emerg. eff. May 7, 2019.
