This article originally appeared as a Gavel to Gavel guest column in the Journal Record on August 5, 2026.
By Phillips Murrrah attorney Peter K. Wright
Peter K. Wright
As Oklahoma’s electric generation mix diversifies, so too do the regulations. As of July 1 this summer, solar and utility-scale battery storage developers in Oklahoma must comply with new sets of regulations that the legislature implemented this year in House Bill 3464.
For more than a decade, the Oklahoma Wind Energy Development Act has required wind energy developers to meet minimum standards and a series of deadlines to provide notice to stakeholders in their communities. Now, the Oklahoma Solar Energy Development Act – or OSEDA – will require utility-scale solar developers to meet similar standards.
OSEDA is designed to protect landowners who lease their property to solar developments. It requires solar developers to provide landowners with clear and understandable details behind any payments to landowners based on the amount of electrical energy produced. It requires solar developments to carry sufficient liability insurance that extends protections to landowners.
OSEDA is also designed to keep all kinds of stakeholders in the loop through a new series of mandatory notices. After an initial timeframe to allow developers to prepare for the new regulations, no utility-scale solar project may commence construction without first submitting a notice of intent to build to the Oklahoma Corporation Commission at least six months before the commencement of construction.
The notice to the Commission triggers a series of deadlines developers must meet, including deadlines to provide notice to county commissioners, certain municipal leaders, oil and gas operators, injection well operators, and, in some cases, oil and gas lessees. Within 60 days of publishing notice in a newspaper, the developer must hold a public meeting in the county or one of the counties where the development will be located.
HB 3464 also creates the Oklahoma Energy Storage Resource Safety Act. The storage safety act applies to utility-scale battery storage developments, which are generation resources that store electricity and deliver it when the grid needs it the most.
The storage safety act ensures that all developments will meet or exceed the highest industry safety standards, including setbacks, security, and design requirements. Developers must also develop site-specific emergency response plans, and they must offer free site-specific training to first responders on the specific characteristic of battery storage and how to safely respond to any incidents.
Both OSEDA and the storage safety act also include provisions that firm up decommissioning requirements to ensure developments are properly removed at the end of their useful lives.
It is important for developers to make a plan as these regulations gear up and Oklahoma’s energy mix keeps growing.
About the author:
Peter K. Wright is an attorney at the law firm of Phillips Murrah focused on issues involving business, clean energy, public utilities, and regulatory law.
CONTACT: pkwright@phillipsmurrah.com | 405.552.2418
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