MILITARY BASE PROTECTION ACT.

View NCGA Bill Details2019-2020 Session
Senate Bill 377 (Public) Filed Wednesday, March 27, 2019
AN ACT TO AMEND VARIOUS STATUTES GOVERNING THE PERMITTING OF WIND ENERGY FACILITIES.
Intro. by Brown, Newton, Sanderson.

Status: Re-ref Com On Rules, Calendar, and Operations of the House (House action) (Jun 25 2019)

SOG comments (2):

Long title change

Senate committee substitute to the 1st edition changed the long title. Original long title was AN ACT TO PROHIBIT CONSTRUCTION, OPERATION, OR EXPANSION OF WIND ENERGY FACILITIES IN AREAS OF THE STATE WHERE IMPACTS OF VERTICAL OBSTRUCTIONS HAVE BEEN DETERMINED TO BE SIGNIFICANTLY HIGH, WITH A HIGH RISK FOR DEGRADING SAFETY AND THE MILITARY'S ABILITY TO PERFORM AVIATION TRAINING.

Long title change

House committee substitute to the 2nd edition changed the long title. Previous long title was AN ACT TO PROHIBIT CONSTRUCTION, OPERATION, OR EXPANSION OF WIND ENERGY FACILITIES IN AREAS OF THE STATE WHERE IMPACTS OF VERTICAL OBSTRUCTIONS HAVE BEEN DETERMINED TO BE SIGNIFICANTLY HIGH, WITH A HIGH RISK FOR DEGRADING SAFETY AND THE MILITARY'S ABILITY TO PERFORM AVIATION TRAINING FOR A PERIOD OF THREE YEARS TO PROVIDE THE FEDERAL GOVERNMENT ADEQUATE TIME TO REVIEW AND PROMULGATE GUIDANCE ON POTENTIAL RAMIFICATIONS FOR THE BASE REALIGNMENT AND CLOSURE PROCESS CONCERNING THE COMPATIBILITY OF WIND ENERGY FACILITIES ON MILITARY OPERATIONS, TRAINING, AND READINESS; AND TO INCREASE THE APPLICATION FEE FOR PERMITTING OF PROPOSED WIND ENERGY FACILITIES OR WIND ENERGY FACILITY EXPANSIONS.

S 377

Bill Summaries:

  • Summary date: Jun 25 2019 - More information

    House committee substitute to the 2nd edition makes the following changes. Deletes the content of the previous edition and replaces it with the following.

    Amends GS 143-215.115 to add and define the term commanding military officer's designee as that term applies to Article 21C, Permitting of Wind Energy Facilities, of GS Chapter 143. Defines the term to mean an individual appointed by a commanding military officer, who may represent the interests of the military installation of the commanding military officer they represent. Requires the designee to provide information from the major military installation or the commanding military officer they represent to the Department of Environmental Quality. Specifies that the interests the designee represents may include the ongoing training and mission currently being conducted at the major military installation they represent. 

    Amends GS 143-215.119 to require the notice of receipt of a completed permit application for a proposed wind energy facility or proposed wind energy facility expansion provided to the commanding military officer of all major military installations, the commanding military officer of any military installation located outside the state that is within 50 nautical miles of the location of the proposed facility or expansion, and the board of commissioners for each county and the governing body of each municipality in which the facility or expansion is proposed to be located, to also include maps and narrative information identifying military air navigation routes, air traffic control areas, military training routes, special-use air space, radar, or other military operations that may be affected (previously did not specify the inclusion of maps and narrative information to identify those routes and areas). 

    Makes conforming changes to the act's long title.


  • Summary date: Jun 5 2019 - More information

    Senate committee substitute to the 1st edition makes the following changes. Deletes proposed GS 143-215.116 and instead prohibits issuing a permit from July 1, 2019, until July 1, 2022 (was a permanent moratorium under the proposed statute) for a wind energy facility or wind energy facility expansion for facilities located in an area where impacts of vertical obstructions are determined to be significantly high. States the purpose of the moratorium.

    Amends GS 143-215.119 to increase the fee for permits for a proposed wind energy facility or a proposed expansion from $3,500 to $4,000.

    Makes conforming changes to the act's long title. 


  • Summary date: Mar 27 2019 - More information

    Amends GS Chapter 143, Article 21C (Permitting of Wind Energy Facilities) by adding new GS 143-215.116A as title indicates. Require the Department of Commerce and Department of Environmental Quality to make the Vertical Obstruction Impact on the NC Military Mission map, used to determine the impacts, available on their website. Applies to applications for permits for a proposed wind energy facility or a proposed expansion pending or submitted on or after date law becomes effective.  


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