PRIOR PRINTER'S NOS. 2800, 3295
PRINTER'S NO. 3345
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
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 30, 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 and Operations 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:
"Clearinghouse." The Military Aviation and Installation
Assurance Siting Clearinghouse.
"Department." The Department of Environmental Protection of
the Commonwealth.
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"Wind turbine." A wind turbine or collection of wind
turbines that require notice to be provided to the Federal
Aviation Administration under 14 CFR 77.9 (relating to
construction or alteration requiring notice).
"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.
A wind turbine shall not present an adverse impact on the
mission, training or operation of a military installation within
the Commonwealth.
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, installation or expansion of a wind turbine until
the wind turbine owner has received written notification from
the clearinghouse that the proposed project will not have an
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adverse impact on military operations and readiness or that the
proposed project will not result in an unacceptable risk to the
national security of the United States.
Section 5. Department notification.
The following shall apply:
(1) The department may not issue a required permit or
authorization under the laws of this Commonwealth regarding
the construction, installation or expansion of a proposed
wind turbine unless the department receives the required
written notification provided by the clearinghouse under
section 4.
(2) A permit or authorization granted under the laws of
this Commonwealth regarding a proposed wind turbine project
that has already been granted shall be suspended until an
applicant provides to the department the written notification
under section 4.
SECTION 3. PROHIBITION.
A WIND TURBINE OWNER MAY NOT ENGAGE IN THE CONSTRUCTION,
INSTALLATION OR EXPANSION OF A WIND TURBINE UNTIL THE WIND
TURBINE OWNER HAS RECEIVED WRITTEN NOTIFICATION FROM THE
CLEARINGHOUSE THAT THE PROPOSED PROJECT WILL NOT HAVE AN ADVERSE
IMPACT ON MILITARY OPERATIONS AND READINESS OR THAT THE PROPOSED
PROJECT WILL NOT RESULT IN AN UNACCEPTABLE RISK TO THE NATIONAL
SECURITY OF THE UNITED STATES.
SECTION 4. DEPARTMENT NOTIFICATION.
THE DEPARTMENT MAY NOT ISSUE A REQUIRED PERMIT OR
AUTHORIZATION UNDER THE LAWS OF THIS COMMONWEALTH REGARDING THE
CONSTRUCTION, INSTALLATION OR EXPANSION OF A PROPOSED WIND
TURBINE UNLESS THE DEPARTMENT RECEIVES THE REQUIRED WRITTEN
NOTIFICATION PROVIDED BY THE CLEARINGHOUSE UNDER SECTION 3.
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Section 6 5. 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(1) prior to commencing
operations and shall be prohibited from commencing operations
until the authorization has been granted by the department. A
WIND TURBINE OWNER THAT WILL COMMENCE OPERATIONS ON OR AFTER THE
EFFECTIVE DATE OF THIS SECTION SHALL OBTAIN THE WRITTEN
NOTIFICATION FROM THE CLEARINGHOUSE PRIOR TO COMMENCING
OPERATIONS.
Section 7 6. Effective date.
This act shall take effect immediately.
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