PRINTER'S NO. 1458
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1323
Session of
2023
INTRODUCED BY MAKO, HAMM, R. MACKENZIE, JAMES, BOROWSKI,
TWARDZIK, DIAMOND, OWLETT, ROAE, GILLEN, MOUL AND ZIMMERMAN,
JUNE 6, 2023
REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY
PREPAREDNESS, JUNE 6, 2023
AN ACT
Imposing the duty of Department of Environmental Protection to
prohibit the construction or installation of wind turbines
that negatively affect military installations.
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.
"Wind turbine." A wind turbine or collection of wind
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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. 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.
Section 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 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 6. Effective date.
This act shall take effect immediately.
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