In an effort to directly assist residents of Towamensing and Penn Forest Township, Rep. Doyle Heffley, R-Carbon, has proposed two amendments to Senate Bill 656 that, if passed, may impact the Bethlehem Water Authority’s ability to honor its lease with Atlantic Wind.

Atlantic Wind is currently attempting to construct up to 37 wind turbines on land the water authority owns in Penn Forest Township. The project is still in the early stages and is currently on hold as issues related to the Special Exception zoning permit are ironed out in court.

At this time Atlantic Wind is claiming to have “deemed approval” of the Zoning Hearing Board due to a time lapse between hearings. Under the Municipal Planning Code, the lapse permitted the approval to take effect.

The issue of the approval is the subject of an appeal pending before Carbon County Court of Common Pleas Judge Steven R. Serfass.

In the meantime, Heffley has taken the opportunity to add two amendments to a Senate Bill that is currently being revised.

The bill No. 656 is an amendment to Title 53 (Municipalities Generally) which governs public sewer systems and public water systems.

The Bethlehem Water Authority and other authorities like it are incorporated under this act.

Heffley’s amendments number A05253 and A05254 call for residents to have a greater say in how the authority could proceed with future development on its property.

“Residents and businesses within Penn Forest and Towamensing townships, who would be impacted firsthand by the proposed construction of 40 windmills, should have a say in this process,” Heffley said. “These amendments are designed to give them a voice in the process while also ensuring fairness for those who own property within the township.”

Atlantic Wind had initially proposed building 40 turbines, with 37 on land owned by the Bethlehem Water Authority and three on Lehighton Water Authority property. But in June 2016, the Lehighton Water Authority unanimously voted against leasing land to Iberdrola Renewables, the parent company for Atlantic Wind.

The first of the amendments would require a voter referendum to be placed on the ballot giving residents the final say in whether or not a project can go forward. The amendment also calls for a five-year moratorium on a second request.

The second amendment addresses the inequity in the current tax code in relation to municipal authorities.

“Bethlehem Water Authority pays taxes on only a fraction of the true value of the 22,000 acres it owns in Carbon and Monroe counties,” said Heffley. “Last year, it paid $20,375 in lieu of property taxes to Carbon County. This is far beneath fair market value. If the water authority chooses to develop this land, it should be required to pay the appropriate taxes.”

“Thousands of hardworking families struggle to pay their property taxes each year, while the Bethlehem Water Authority, by dramatically underpaying what it should owe, deprives Carbon County school districts of much-needed funds,” he said.

Bethlehem Water Authority Executive Director Steven Repasch said that the authority is aware of the proposed legislation and said he did not know if it would impact the Atlantic Wind project due to the current status of the project.

“It’s not something to be taken lightly, but we don’t think it’s getting a lot of attention,” he said.

Repasch added that the Pennsylvania Municipal Authorities Association, which lobbies on behalf of authorities such as the Bethlehem Water Authority in Harrisburg, is also aware of the bill.

“They’re keeping a close eye on this, because it would not only affect our water authority, it would affect all water authorities across the state,” Repasch said.

Paul Copleman, communications manager for Avangrid Renewables, parent company of Atlantic Wind said that due to the complexities of the legislative process he couldn’t comment on potential legislation until it’s under further committee consideration.

Chris Reber contributed to this article.