HB 430 — An Act imposing the duty on Department of Environmental Protection to prohibit the construction or installation of wind turbines that negatively affect military installations.

PRINTER'S NO.   404

                   THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 430
                                               Session of
                                                 2025

     INTRODUCED BY MAKO, GREINER, BANTA, ZIMMERMAN, HAMM, SOLOMON,
        KENYATTA, M. MACKENZIE, KAUFFMAN, GUENST, GILLEN AND HEFFLEY,
        JANUARY 31, 2025

     REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY
        PREPAREDNESS, JANUARY 31, 2025


                                    AN ACT
 1   Imposing the duty on Department of Environmental Protection to
 2      prohibit the construction or installation of wind turbines
 3      that negatively affect military installations.
 4      The General Assembly of the Commonwealth of Pennsylvania
 5   hereby enacts as follows:
 6   Section 1.   Short title.
 7      This act shall be known and may be cited as the Military
 8   Installation Training and Operations Preservation Act.
 9   Section 2.   Definitions.
10      The following words and phrases when used in this act shall
11   have the meanings given to them in this section unless the
12   context clearly indicates otherwise:
13      "Clearinghouse."   The Military Aviation and Installation
14   Assurance Siting Clearinghouse.
15      "Department."    The Department of Environmental Protection of
16   the Commonwealth.
17      "Wind turbine."    A wind turbine or collection of wind
 1   turbines that require notice to be provided to the Federal
 2   Aviation Administration under 14 CFR 77.9 (relating to
 3   construction or alteration requiring notice).
 4      "Wind turbine owner."       A person or entity that plans to
 5   construct or install a wind turbine in this Commonwealth.
 6   Section 3.    Prohibition.
 7      A wind turbine owner may not engage in the construction,
 8   installation or expansion of a wind turbine unless the wind
 9   turbine owner has received written notification from the
10   clearinghouse that the proposed project will not have an adverse
11   impact on military operations and readiness or that the proposed
12   project will not result in an unacceptable risk to the national
13   security of the United States.
14   Section 4.    Department notification.
15      The department may not issue a required permit or
16   authorization under the laws of this Commonwealth regarding the
17   construction, installation or expansion of a proposed wind
18   turbine unless the department receives the required written
19   notification provided by the clearinghouse under section 3.
20   Section 5.    Applicability.
21      This act shall apply to a wind turbine that commences
22   operations on or after the effective date of this section,
23   regardless of the status of any other of the wind turbine's
24   permits or authorizations required under the laws of this
25   Commonwealth. A wind turbine owner that will commence operations
26   on or after the effective date of this section shall obtain the
27   written notification from the clearinghouse prior to commencing
28   operations.
29   Section 6.    Effective date.
30      This act shall take effect immediately.

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