Bill Summary for H 574 (2017-2018)

Printer-friendly: Click to view

Summary date: 

Apr 5 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
House Bill 574 (Public) Filed Wednesday, April 5, 2017
AN ACT TO BETTER ENSURE COMPATIBILITY OF WIND ENERGY FACILITIES WITH MILITARY OPERATIONS AND READINESS.
Intro. by Grange, Szoka, Watford.

View: All Summaries for BillTracking:

Bill summary

Amends GS 143-215.116 to delete the provision requiring a permit to operate wind energy facilities. Retains the permit requirements for construction or expansion of wind energy facilities.

Amends GS 143-215.117 and GS 143-215.118. Requires an applicant to request a preapplication site evaluation meeting and a scoping meeting between the applicant, the Department of Environmental Quality (DEQ), and the Department of Military and Veterans Affairs (DMVA) (currently, just the applicant and DEQ). Adds DMVA to the list of parties to whom DEQ must give notice of and invitation to the meeting.

Amends GS 143-215.119. Deletes the requirement that an application include (1) a copy of a deed or other legal instrument demonstrating the right to develop a wind energy facility on the property, (2) identification of adjacent property owners, (3) a study of noise impacts, and (4) a study of shadow flicker impacts. Retains all other application requirements. Replaces the requirement that DEQ notify commanding military officers of military installations outside the state of receipt of a complete permit application with a requirement to notify DMVA of the same. Adds DMVA to the list of parties to whom DEQ must give notice of a public hearing on the application. Makes conforming changes.

Enacts new GS 143-215.119A (Letter to proceed determination by DMVA). Requires an applicant to obtain a letter to proceed from DMVA prior to receiving a permit. Directs DMVA to issue a letter only after finding that the proposed wind energy facility would not cause significant adverse impacts, as defined, on air navigation routes, air traffic control areas, military training routes, or radar installations (currently, a similar determination is made by DEQ under GS 143-215.120). Directs DMVA to make its determination within 60 days of the public hearing required under GS 143-215.119(e). Directs DEQ to treat a failure by DMVA to issue a letter to proceed as confirmation that the proposed wind energy facility would not cause significant adverse impacts. Directs DMVA to issue a letter of concern upon a finding that the proposed wind energy facility would cause significant adverse impacts. Directs DMVA to engage with the applicant, any relevant commanding military officer, and the Department of Defense Clearninghouse designee for relevant military installations to address the issues identified in the letter of concern. Failure to resolve concerns functions as a denial of the letter to proceed, and may be challenged as provided in GS Chapter 150B.

Amends GS 143-215.120. Deletes the provision requiring DEQ to withhold a permit on determination that construction would have a significant adverse impact on views from any State or national park, wilderness area, significant natural heritage area, or other public lands or private conservation lands, or would be denied under criteria in GS 113A-120. Deletes the provision authorizing DEQ to delay issuance of an application to wait for a written "Determination of No Hazard to Air Navigation" by the Federal Aviation Administration. Provides that failure of DEQ to act within the time period set forth for permit decisions acts as a grant of the permit. Provides that obtaining other applicable permits, licenses, or approvals is not a requirement for the consideration and grant of a permit under this statute. Makes conforming changes.

Repeals GS 143-215.121 (Financial assurance requirements).

Amends GS 143-215.123 to require the annual review under that statute be conducted by DMVA (currently, DEQ). Provides that information obtained in the annual review may be used to determine the impact of wind energy facilities that have not previously received a permit from DMVA or a letter to proceed from DMVA.

Applies only to wind energy facilities for which no "Determination of No Hazard to Air Navigation" has been issued by the Federal Aviation Administration on or before the date this bill becomes law.