Bill Summary for H 574 (2017-2018)

Printer-friendly: Click to view

Summary date: 

Apr 26 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

House committee substitute makes the following changes to the 1st edition.

Eliminates the proposed deletion of, and instead retains, the requirement to obtain a permit to operate wind energy facilities in GS 143-215.116. Makes conforming changes.

Additionally eliminates the proposed deletion of certain permit application requirements in GS 143-215.119(a), retaining existing subdivisions (3), (4), (8) and (9). Adds language to subdivisions (a)(8) and (a)(9) to provide that the noise impact study and shadow flicker impact study requirements of the permit application may be met if the applicant demonstrates it has submitted a study pursuant to local requirements. 

Eliminates the proposed deletion in GS 143-215.119(d) to retain the requirement that the Department of Environmental Quality (DEQ) notify commanding military officers of military installations outside the state of receipt of a complete permit application.

Amends proposed GS 143-215.119A(a) to modify the definition of significant adverse impact to define the term to mean any demonstrable adverse impact upon military operations and readiness, including flight operations research, development, testing, and evaluation and training in North Carolina, that (1) is likely to impair or degrade the ability of the Armed Forces to perform their warfighting missions, (2) would result in a detriment to continued military presence in the State (previously not included), and (3) is unable to be addressed through mitigation measures. Amends subsection (b) to provide that the Department of Military and Veteran Affairs (DMVA) must determine whether to issue a letter to proceed under the statute within the later of (1) 60 days of receiving the results of a formal or informal review of the Department of Defense Siting Clearinghouse or (2) within 60 days of the public hearing required by GS 143-215.119(f) (previously, must determine within 60 days of the public hearing with no alternative). Amends subsection (d), providing that failure of the DMVA to issue a letter within the time period specified permits the applicant to treat the Department's failure to issue the letter as an issuance of a letter of concern as outlined in subsection (f) (previously, DMVA to treat failure as confirmation that the proposed wind energy facility or proposed expansion of a wind energy facility would not cause significant adverse impacts on air navigation routes, air traffic control areas, military training routes, or radar installations). Amends subsection (f) to add local governments with jurisdiction over any major military installation impacted by the letter of concern to the entities with whom DMVA must engage to address issues identified in the letter.

Eliminates the proposed changes in GS 143-215.120(b), which provided that failure of DEQ to act within the time period set forth for permit decisions acts as a grant of the permit, and instead retains the existing language, providing that failure of DEQ to act within the time period set forth in permit decisions as a denial of the permit and permits the applicant to challenge the denial as provided in GS Chapter 150B. Also eliminates the proposed provision in GS 143-215.120(d), providing that obtaining other applicable permits, licenses, or approvals is not a requirement for the consideration and grant of a permit under the statute. Adds new subsection (e) to authorize DEQ to transfer a permit so long as the successor-owner of the wind energy facility submits to the DEQ's written request for transfer of the permit and complies with all the permit terms and conditions once transferred. Prohibits DEQ from imposing new or different permit terms or conditions without prior express consent of the successor-owner. 

Eliminates the proposed deletion of GS 143-215.121 to instead retain the statute in its entirety. Adds a new provision to GS 143-215.121 to permit the applicant to satisfy the financial assurance requirements by demonstrating that it previously met the financial assurance requirements pursuant to local, State, or federal requirements.