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A05230
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 REPORTED FROM COMMITTEE ON ENVIRONMENTAL RESOURCES AND
ENERGY, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 22, 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 with a capacity of at least
100 kilowatts. 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.
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. 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.
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(4) Any other necessary information requested by the
department.
(b) Prohibition.--A wind turbine owner may not engage in the
construction or installation, INSTALLATION OR EXPANSION 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.
(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.
(c) Grant of authorization.--
(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.
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(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)
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). 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 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
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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.
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(c)(1) 5(1) prior to
commencing operations and shall be prohibited from commencing
operations until the authorization has been granted by the
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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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