Pro Tem Paxton Comments on Senate Bill 2 Receiving no Further Action

Voting on legislation in current form violates Senate final action rule

OKLAHOMA CITY – Senate Pro Tem Lonnie Paxton, R-Tuttle, today released the following information regarding Senate Bill 2 not receiving further legislative review this session. 

Senate Bill 2, as introduced, originally aimed to impose setback requirements for wind energy facilities and mandated that wind turbines be located at least a quarter nautical mile from residential dwellings and nonparticipating properties.

The legislation has changed from its original version to mirror House Bill 2751, which failed in the Senate Energy Committee on April 24. Voting on the legislation in its current form would violate the Senate’s final action rule, which prohibits the chamber from reconsidering bill language that has already been rejected.

House Bill 2751 created unreasonable setback requirements related to the “tip height” of the wind tower, population density and average wind speeds of the area, among other provisions.

Pro Tem Paxton said voting on the newly amended version of Senate Bill 2 would violate Senate rules while potentially advancing overreaching legislation that is a massive violation of private property rights. 

“Senate Bill 2, as originally introduced by Senator Grant Green, was a reasonable measure that struck a balance between landowner rights and reasonable setback requirements,” Pro Tem Paxton said. “I commend Senator Green for fighting for this legislation and the amount of work he has put into it. I made the decision to hit pause on this bill because it violates the Senate’s final action rule, as legislation with this language already failed in the Senate Energy Committee. In its current form, this bill would arguably legislate an industry out of business and likely draw legal challenges. 

“Furthermore, politics, misinformation and petty personal agendas have co-opted the debate on this bill, resulting in senators being harassed and making it nearly impossible to have a serious, rational policy discussion on this bill and other wind energy regulations this late in session. I think the best path forward for this legislation is to hit pause and find a better path forward where everyone can come to a reasonable agreement.”

Although the current version of Senate Bill 2 is technically eligible to be heard in conference committee, it would not be eligible for a floor vote because of the final action rule.

The Senate final action rule states: If final action is such as to defeat an amendment, a bill or a resolution, no other amendment, bill or resolution having the same effect and covering the same specific or substantially similar subject matter shall be considered by the Senate during either session of the current Legislature.