[Congressional Record Volume 162, Number 147 (Wednesday, September 28, 2016)]
[Senate]
[Pages S6229-S6230]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CORNYN:
  S. 3428. A bill to amend the Internal Revenue Code of 1986 to ensure 
that new wind turbines located near certain military installations are 
ineligible for the renewable electricity production credit and the 
energy credit; to the Committee on Finance.
  Mr. CORNYN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.

[[Page S6230]]

  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 3428

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Protection of Military 
     Airfields from Wind Turbine Encroachment Act''.

     SEC. 2. NEW WIND TURBINES LOCATED NEAR CERTAIN MILITARY 
                   INSTALLATIONS.

       (a) In General.--Paragraph (1) of section 45(d) of the 
     Internal Revenue Code of 1986 is amended by striking ``Such 
     term'' and all that follows through the period and inserting 
     the following: ``Such term shall not include--
       ``(A) any facility with respect to which any qualified 
     small wind energy property expenditure (as defined in 
     subsection (d)(4) of section 25D) is taken into account in 
     determining the credit under such section, or
       ``(B) any facility which is originally placed in service 
     after the date of the enactment of the Protection of Military 
     Airfields from Wind Turbine Encroachment Act and is located 
     within a 30-mile radius of--
       ``(i) an airfield or airbase under the jurisdiction of a 
     military department which is in active use, or
       ``(ii) an air traffic control radar site, weather radar 
     site, or aircraft navigation aid which is--

       ``(I) owned or operated by the Department of Defense, and
       ``(II) a permanent land-based structure at a fixed 
     location.''.

       (b) Qualified Small Wind Energy Property.--Paragraph (4) of 
     section 48(c) of the Internal Revenue Code of 1986 is 
     amended--
       (1) by redesignating subparagraph (C) as subparagraph (D), 
     and
       (2) by inserting after subparagraph (B) the following:
       ``(C) Exception.--The term `qualifying small wind energy 
     property' shall not include any property which is originally 
     placed in service after the date of the enactment of the 
     Protection of Military Airfields from Wind Turbine 
     Encroachment Act and is located within a 30-mile radius of 
     any property described in clause (i) or (ii) of section 
     45(d)(1)(B).''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after the date of 
     the enactment of this Act.
                                 ______