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PRIOR PRINTER'S NO. 404 PRINTER'S NO. 988
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, HEFFLEY,
TWARDZIK AND BOROWSKI, JANUARY 31, 2025
AS REPORTED FROM COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY
PREPAREDNESS, HOUSE OF REPRESENTATIVES, AS AMENDED,
MARCH 17, 2025
AN ACT
Imposing the duty on 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.
"DETERMINATION." THE FINDINGS OF A REVIEW. <--
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"REVIEW." A FORMAL REVIEW OF MISSION COMPATIBILITY CONDUCTED
BY THE CLEARINGHOUSE.
"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. Prohibition.
A wind turbine owner may not engage in the construction,
installation or expansion of a wind turbine unless 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 3. DETERMINATION REQUIRED.
(A) NOTICE.--PRIOR TO APPLYING TO THE DEPARTMENT FOR A
PERMIT OR AUTHORIZATION, A WIND TURBINE OWNER MUST SUBMIT NOTICE
TO THE FEDERAL AVIATION ADMINISTRATION UNDER 14 CFR 77.9
(RELATING TO CONSTRUCTION OR ALTERATION REQUIRING NOTICE),
INCLUDING A REVIEW.
(B) DISTRIBUTION OF COPIES OF DETERMINATION.--UPON RECEIPT
OF A DETERMINATION FROM THE CLEARINGHOUSE, THE WIND TURBINE
OWNER SHALL PROVIDE AN ORIGINAL COPY OF THE DETERMINATION TO THE
DEPARTMENT AND TRANSMIT AN ADDITIONAL COPY OF THE DETERMINATION
TO THE ADJUTANT GENERAL OF PENNSYLVANIA.
Section 4. Department notification.
The (A) ISSUANCE OF PERMIT.--SUBJECT TO SUBSECTIONS (B) AND
(C), THE department may not issue a required permit or
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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 DETERMINATION under
section 3.
(B) LIMITATION.--THE DEPARTMENT MAY NOT ISSUE THE REQUIRED
PERMIT OR AUTHORIZATION IF THE DETERMINATION FINDS THAT THE
PROPOSED WIND TURBINE WOULD:
(1) HAVE AN ADVERSE IMPACT ON MILITARY OPERATIONS AND
READINESS; OR
(2) RESULT IN AN UNACCEPTABLE RISK TO THE NATIONAL
SECURITY OF THE UNITED STATES.
(C) EXCEPTION.--NOTWITHSTANDING SUBSECTION (B), THE
DEPARTMENT MAY ISSUE A REQUIRED PERMIT OR AUTHORIZATION IF THE
WIND TURBINE OWNER PROVIDES PROOF TO THE DEPARTMENT THAT:
(1) THE CLEARINGHOUSE AND WIND TURBINE OWNER HAVE
ENTERED INTO AN AGREEMENT TO MITIGATE THE ADVERSE IMPACT OR
UNACCEPTABLE RISK IDENTIFIED IN THE REVIEW;
(2) THE CLEARINGHOUSE DETERMINES THAT ANY ADVERSE IMPACT
IN MILITARY OPERATIONS AND READINESS IS SUFFICIENTLY
ATTENUATED THAT IT DOES NOT REQUIRE MITIGATION; OR
(3) THE CLEARINGHOUSE HAS NOT ISSUED A DETERMINATION OF
ADVERSE IMPACT OR UNACCEPTABLE RISK TO NATIONAL SECURITY
WITHIN 180 DAYS OF THE WIND TURBINE OWNER'S SUBMISSION FOR A
REVIEW.
Section 5. Applicability.
This act shall apply to a wind turbine that commences
operations SEEKS A REQUIRED PERMIT OR AUTHORIZATION FROM THE
DEPARTMENT on or after the effective date of this section,
regardless of the status of any other of the wind turbine's
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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. CONSTRUCTION.
THIS ACT SHALL NOT BE CONSTRUED TO INVALIDATE ANY REQUIRED
PERMIT OR AUTHORIZATION ISSUED OR GRANTED BY THE DEPARTMENT
BEFORE THE EFFECTIVE DATE OF THIS SECTION.
Section 6 7. Effective date.
This act shall take effect immediately IN 180 DAYS.
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