ASU WIND DEMONSTRATION PROJECT.

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View NCGA Bill Details2011-2012 Session
House Bill 694 (Public) Filed Wednesday, April 6, 2011
TO DIRECT APPALACHIAN STATE UNIVERSITY TO JOINTLY DEVELOP AND IMPLEMENT A WIND DEMONSTRATION PROJECT WITH THE HOLDER OF A PERMIT FOR A WIND ENERGY FACILITY THAT HAS BEEN ISSUED BY THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES.
Intro. by Frye, Gillespie.

Status: Re-ref Com On Finance (House Action) (May 31 2011)

Bill History:

H 694

Bill Summaries:

  • Summary date: May 31 2011 - View Summary

    House committee substitute makes the following changes to 1st edition. Removes a provision requiring the Department of Environment and Natural Resources to deny an application for a wind energy facility demonstration permit if the proposed facility would be located in an area designated with a slide hazard ranking of “moderate” or “high” on a Stability Index Map prepared by the North Carolina Geological Survey. Amends the act to provide that the maximum penalty for a violation of permit terms and conditions is $1,000 per day (previously $10,000 per day). Removes provision stating that the act does not limit a county’s ability to regulate the siting of a wind energy demonstration project. Makes technical changes.


  • Summary date: Apr 6 2011 - View Summary

    Provides as the title indicates. Incorporates into this act the definitions provided in GS 143-212. Provides a definition for wind energy facility, meaning the turbines, accessory buildings, transmission facilities, and any other equipment necessary for the operation of the facility that cumulatively with any other wind energy facility whose turbines are located within one-half mile of one another, have a rated capacity of three megawatts or more of energy. Provides criteria, all of which must be satisfied, regarding site selection for the Wind Energy Facility demonstration project. Clarifies that Appalachian State University (ASU) is to assist a third party in selecting an appropriate site for the construction of a wind energy facility demonstration project that does not go over a rated capacity of 60 megawatts and that satisfies all of the criteria specified for site selection. Requires the third party to obtain a permit from the Department of Environment and Natural Resources (DENR) and provides guidelines as to what information is to be on the permit application. Specifies the criteria under which DENR is to deny a permit application. Permits DENR to including conditions on a third party seeking a permit that the third party mitigate any adverse impacts and engage ASU to conduct research on the technological, environmental, and economic aspects of the wind energy facility associated with the demonstration project as proposed and constructed and at no cost to ASU. Sets the permit fee for a third party applicant for a wind energy facility demonstration project at $2,000. Directs DENR to require the third party applicant to provide a plan for the decommissioning or removal of a wind energy facility demonstration project. Also requires DENR to hold a public hearing in the county or counties where the proposed energy facility project is to be located. Requires DENR to make a decision on the permit within 150 days following receiving the completed application. Provides additional criteria authorizing DENR to adopt rules implementing this section, regarding administrative penalties for constructing a wind energy facility without a permit, and the role of local authority in regulating the siting of a facility. Requires that the commercial operation of the demonstration project under this section is to begin no later than November 1, 2018. Requires that ASU report to DENR and the General Assembly on the effectiveness of the wind energy facility demonstration project one year after the permit is issued and annually thereafter. Specifies what the first report must contain.