Bill Summary for H 763 (2015-2016)

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Summary date: 

Jun 20 2016

Bill Information:

View NCGA Bill Details2015-2016 Session
House Bill 763 (Public) Filed Tuesday, April 14, 2015
AN ACT TO PROTECT NORTH CAROLINA'S MILITARY FOOTPRINT BY (1) MODIFYING THE PERMITTING PROCESS FOR WIND ENERGY FACILITIES, THE ENDORSEMENT PROCESS FOR CONSTRUCTION OF TALL BUILDINGS AND STRUCTURES, AND THE PROCEDURE FOR ADOPTING, AMENDING, OR REPEALING ORDINANCES IN ORDER TO PROVIDE THE DEPARTMENT OF MILITARY AND VETERANS AFFAIRS WITH THE RESPONSIBILITY FOR CONSIDERATION AND REVIEW OF MILITARY‑RELATED CRITERIA AND (2) ESTABLISHING THE NORTH CAROLINA SENTINEL LANDS COMMITTEE TO COORDINATE THE OVERLAPPING PRIORITY AREAS IN THE VICINITY OF THE STATE'S MAJOR MILITARY INSTALLATIONS.
Intro. by Millis, J. Bell, Riddell.

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Bill summary

Senate amendments make the following changes to the 3rd edition.

Amendments #1 and #9 amend GS 143-215.119, concerning permit application requirements for a proposed wind energy facility or proposed wind energy facility expansion, to add the following provisions to proposed subsection (a1) that requires applicants to provide copies of the noise and shadow flicker studies required by subsection (a) of the statute to the Department of Health and Human Services (DHHS).

Allows DHHS to consult faculty from the University of North Carolina's School of Medicine or Gillings School of Global Public Health who are experts in the health impacts of noise, shadow flicker, or both, in its evaluation of the studies submitted with permit applications.

Additionally, requires DHHS to issue its recommendation for further action on the permit application, if any, to the Department of Environmental Quality within 60 days following receipt of a completed application.

Amendment #2 deletes the proposed revision to GS 143-151.73(a), concerning the prohibition of certain buildings and structures in areas surrounding major military installations in the State without endorsement, and reinstates the original language that allows proof of the State Construction Office's failure to act within the time allowed under GS 143-151.75 to constitute endorsement for a county or city to authorize the construction of a building or structure in an area surrounding a major military installation in the State.

Amends proposed subsection (a1) of GS 143-151.75, concerning required endorsement for proposed tall buildings or structures, to now provide that no person can undertake construction of a tall building or structure in any area located within 1/4 mile of a National Guard facility without either first obtaining an endorsement from the State Construction Office (Office) or proof of the State Construction Office's failure to act within the time allowed (previously, did not provide for proof of the Office's failure to act within the time allowed to be sufficient). Amends subsection (d) to provide that, if the Office does not receive a written statement requested pursuant to subsection (c) of the statute within 45 days of issuance of the request to the base commander concerning the proposed tall building or structure possibly adversely affecting any activities at the major military installation, then the Office must deem the tall building or structure as eligible by the base commander (previously, must deem the tall building or structure as denied by the base commander). 

Amends proposed subsection (d2) to provide that if the Office does not receive the written statement pursuant to subsection (d1) within 45 days of the date of the consultation between the person and the Adjutant General concerning the proposed tall building or structure located within 1/4 mile of the National Guard facility and its possible detrimental encroachment upon or otherwise interference with the mission, training, or operations of the facility, the Office is to construe the Adjutant General's failure to submit the written statement as the Adjutant General having no objection to the tall building or structure.

Amends the proposed revisions to subsection (e) to provide that the Office must make a final decision on the request for endorsement of a tall building or structure within 90 days from the date on which either (1) the Office requested the written statement from the base commander of the major military installation identified in subdivision (1) of subsection (b) of the statute or (2) the date of the consultation between the person and the Adjutant General conducted in accordance with subsection (d1) of the statute (previously, or the Office received the written summary of the consultation between the person and the Adjutant General submitted in accordance with subsection (d1) of the statute). Provides that if the Office fails to act within any time period set forth in the statute, the person may treat the failure to act as the Office having no objection to the tall building or structure (previously, as a decision to deny endorsement of the tall building or structure).

Amends the proposed revisions to GS 143B-1315D(a), effective October 1, 2018, making technical and conforming changes.

Amends the proposed changes to GS 143B-1315F(a) and (a1), concerning required endorsement for proposed tall buildings or structures, to make conforming and technical changes.

Makes technical changes to subsection (d), effective October 1, 2018.

Amends the proposed revision to GS 143B-1315F(d) effective October 1, 2018, concerning required endorsement for proposed tall buildings and structures surrounding a major military installation, to provide that if the Department does not receive the written statement pursuant to subsection (d1) of the statute within 45 days of the date of consultation between the person and the Adjutant General, the Department must construe the Adjutant General's failure to submit the written statement as the Adjutant General having no objection to the tall building or structure (previously, as a recommendation to deny endorsement of the tall building or structure).

Amends proposed revisions to subsection (e) to make technical changes, effective October 1, 2018.

Amendment #3 makes technical changes to GS 143-151.77, GS 143-215.118, and GS 143B-1315H. Makes technical changes to Section 4 of the act.

Amendment #5 amends new GS 143-215.116A, to provide that the Department of Military and Veterans Affairs and the Military Affairs Commission can propose updates to the figure based on their review. After an update has been proposed, the agencies must submit the proposed updated map with supporting data and public comments as required by GS 143-215.123 to the Environmental Review Commission for a determination of whether to recommend it to the General Assembly for statutory revision to incorporate the updated map (previously, allowed the Department of Military and Veterans Affairs and the Commission to update the figure from time to time and then submit it to the General Assembly for their consideration of a statutory revision).

Amendment #6 amends GS 143-215.123  enacting new subsection (b), which provides for public notice and public hearings when the Department of Military and Veterans Affairs and the Military Affairs Commission proposes updates to the Figure 3-1 map. Specifically requires the electronic publishing of the proposed updated map as specified; at least one public hearing within 30 days of completing an updated map; providing notice at least 30 days in advance of the hearing concerning the date, time, and location of the hearing in the manner specified; as well as requiring evaluation of the public comments received on the proposed updated map, including preparing a compilation of the comments and responses to those comments to be included when the updated map is submitted to the Environmental Review Commission. Makes conforming changes to the statute's catchline.

Amendments #7 and #8 amend GS 143-215.120 concerning the conditions under which DEQ may disapprove a permit application for a proposed wind energy facility or proposed wind energy facility expansion to include instances when the Department of Military and Veterans affairs determines that pursuant to its authority under GS 143-215.120A(b), construction of the proposed facility or expansion would pose a significant adverse impact on the mission, training, or operations of a major military installation (previously, stated when Department has issued a recommendation to deny the permit).

Makes conforming changes.

Amends proposed GS 143-215.120A(b) concerning the issuing of a determination of whether proposed wind energy facilities or expansions encroach on military missions, training, or operations, including requiring finding of facts documenting the basis for the determination (was, failure to do so was treated as a recommendation to deny an application). If it is determined that there is encroachment, notification must be made in writing to DEQ and must be issued within 60 days following the receipt of a completed application. If the Department fails to act within this time period, then DEQ must treat the failure to act as a determination that there is encroachment that would result in a detriment to continued military presence in North Carolina (previously these provisions provided only for make a recommendation as the approval or denial of a proposed wind energy facility or expansion).

Acts as a perfecting amendment to bring language and provisions into compliance with Amendment #7.