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House approves new setbacks, agrivoltaics advisory measures after heated debate on solar, batteries and wind

2784999 · March 26, 2025
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Summary

Lawmakers approved a package of bills tightening setbacks for utility‑scale solar and related battery storage, creating an agrivoltaics advisory panel and clarifying wind facility setbacks after hours of floor debate about property values, fire risk and military protections.

The Oklahoma House passed several bills Wednesday tightening siting rules for utility‑scale solar and associated battery storage and clarifying wind energy setback rules near military installations.

House Bill 21-56, a floor substitute crafted after an interim study and hearings in the fall, establishes setback distances for utility‑scale solar projects and associated battery energy storage systems (BESS) near homes, schools, hospitals and roads. Representative Dobrinsky, the bill’s author, said the measure was a response to a 250‑megawatt solar project under construction in his district and aims to protect neighbors.

Representative Dobrinsky said, “If adopted, it will provide setback provisions for new solar energy generation and associated battery storage facilities from neighboring residents, county roads, schools, and hospitals.”

Why it mattered: floor debate was lengthy and at times heated. Representative Shaw, who said he would ultimately vote for the bill, warned of property‑value and environmental concerns near arrays and highlighted fire and bird‑strike risks tied to large solar and battery facilities.

Representative Shaw argued, “The property value loss of homes within half a mile of a solar farm were anywhere from negative 7% property value all the way up to 30% drop in property value.”

Key provisions and follow‑ups - Utility‑scale definition: The floor substitute clarifies “utility‑scale” at a 10‑megawatt threshold and limits battery storage provisions to battery systems co‑located with new solar generation facilities, not standalone storage projects. - Setbacks: The bill sets minimum distances to neighboring residences and critical places and authorizes counties to adopt standards within statutory bounds. - Agrivoltaics advisory committee: House Bill 21-57 creates a 17‑member advisory committee to study agrivoltaics — the joint use of land for agriculture and solar — to encourage compatibility between farming and energy development. The bill was amended so OCAST (Oklahoma Center for the Advancement of Science and Technology) would facilitate the committee rather than the Corporation Commission. - Wind setbacks: House Bill 21-42 clarifies procedures for wind facility setbacks near military installations; it passed with little floor debate.

Votes and outcomes - House Bill 21-56 (solar setbacks and associated battery storage co‑location) - Vote tally: 73 yes, 23 no - Outcome: approved; emergency enacted by the House - House Bill 21-57 (agrivoltaics advisory committee) - Vote tally: 73 yes, 20 no - Outcome: approved - House Bill 21-42 (wind energy facility setback clarification) - Vote tally: 94 yes, 0 no - Outcome: approved

What supporters and critics said Supporters argued the measures restore local control and protect homeowners and rural communities from rapid, large‑scale projects that can change neighboring land uses. Dobrinsky and other sponsors said the 10 MW floor focuses the law on larger projects, preserving flexibility for smaller community‑scale projects.

Critics warned that stand‑alone battery projects — which can present thermal‑runaway fire risks — were not comprehensively addressed and that the bills could have uneven impacts across counties. The floor substitute limited battery provisions to those co‑located with new solar projects, a point authors said reflected industry and resident concerns.

Next steps: The bills go to the Senate, where sponsors expect additional negotiation on county‑level implementation and provisions for standalone battery facilities.

Speakers quoted in this report are recorded in the House transcript.