Regular Session 2021-2022 House Bill 2367 P.N. 2800

PRINTER'S NO. 2800

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2367

Session of

2022

INTRODUCED BY MAKO, RYAN, O'NEAL, JAMES, PENNYCUICK, LAWRENCE,

M. MACKENZIE, KERWIN, MILLARD, FEE, HELM, DIAMOND, HAMM,

BURGOS, TOPPER, WHITE, C. WILLIAMS, METCALFE, ROAE, GILLEN,

MALONEY, STRUZZI, ZIMMERMAN, OWLETT, MOUL, GROVE, HEFFLEY AND

ROWE, MARCH 8, 2022

REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,

MARCH 8, 2022

AN ACT

Providing for duty of Department of Environmental Protection to

prohibit the construction or installation of wind turbines

that negatively affect military installations, for duties of

wind turbine owners and for authorization processes.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Short title.

This act shall be known and may be cited as the Military

Installation Training Preservation Act.

Section 2. Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Department." The Department of Environmental Protection of

the Commonwealth.

"Wind turbine." A wind turbine with a capacity of at least

100 kilowatts.

"Wind turbine owner." A person or entity that plans to

construct or install a wind turbine in this Commonwealth.

Section 3. Duty to prohibit construction of wind turbines that

negatively affect military installations.

The department shall have the duty to prohibit the

construction or installation of a wind turbine in an area or a

region of a military installation in this Commonwealth that may

affect the military installation's airspace, flight paths or

established training needs in accordance with this act.

Section 4. Duties of wind turbine owners.

(a) Duties.--For the purpose of assisting the department in

complying with section 3, a wind turbine owner shall, in a

manner specified by the department, apply for a request for

authorization from the department prior to engaging in the

construction or installation of wind turbines. In applying for a

request for authorization under this subsection, the wind

turbine owner shall provide notice to the department of all of

the following:

(1) The size of each proposed wind turbine.

(2) The number of proposed wind turbines.

(3) The area or region where each proposed wind turbine

will be constructed.

(4) Any other necessary information requested by the

department.

(b) Prohibition.--A wind turbine owner may not engage in the

construction or installation of a wind turbine until the wind

turbine owner has received an authorization from the department

under section 5(c)(1) and any other required permits or

authorizations in accordance with the laws of this Commonwealth.

Section 5. Authorization processes.

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(a) Forms and methods.--The department shall establish a

form and method to allow a wind turbine owner to apply for a

request for authorization under section 4(a). Upon receipt of a

request for authorization under section 4(a), the department

shall immediately forward the request to the Adjutant General.

(b) Duties of Adjutant General.--No later than 60 days after

receipt of the request for authorization forwarded by the

department under subsection (a), the Adjutant General shall

review the request and provide comments or information to the

department regarding whether a proposed wind turbine will

negatively impact a military installation's airspace, flight

paths or established training needs.

(1) The department shall grant an authorization for the

construction or installation of a proposed wind turbine to a

wind turbine owner if any of the following apply:

(i) The department receives comments or information

from the Adjutant General under subsection (b) that the

proposed wind turbine will not negatively impact a

military installation's airspace, flight paths or

established training needs.

(ii) The department receives no comments or

information under subsection (b) from the Adjutant

General within 60 days after receipt of the request for

authorization forwarded by the department under

subsection (a).

(2) The department may not grant an authorization for

the construction or installation of a proposed wind turbine

to a wind turbine owner if the department receives comments

or information from the Adjutant General under subsection (b)

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that the proposed wind turbine may negatively impact a

military installation's airspace, flight paths or established

training needs.

(d) Other permits or authorization.--The department may not

issue any other required permits or authorizations under the

laws of this Commonwealth regarding the construction or

installation of a proposed wind turbine until the department

grants an authorization for the construction or installation of

the proposed wind turbine to the wind turbine owner under

subsection (c)(1).

Section 6. Applicability.

This act shall apply to a wind turbine that commences

operations on or after the effective date of this section,

regardless of the status of any other of the wind turbine's

permits or authorizations required under the laws of this

Commonwealth. A wind turbine that will commence operations on or

after the effective date of this section shall obtain the

authorization required under section 5(c)(1) prior to commencing

operations and shall be prohibited from commencing operations

until the authorization has been granted by the department.

Section 7. Effective date.

This act shall take effect immediately.

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