MILITARY OPERATIONS PROTECTION ACT OF 2016 (New).

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.

Status: Ref To Com On Rules, Calendar, and Operations of the House (House Action) (Jun 22 2016)

SOG comments (1):

Change Long Title

Senate committee substitute to the 2nd edition changed long title. Long title was AN ACT TO ESTABLISH THE NORTH CAROLINA JOINT LEGISLATIVE TASK FORCE ON REGULATORY REFORM.

Bill History:

H 763

Bill Summaries:

  • Summary date: Jun 20 2016 - More information

    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.


  • Summary date: Jun 15 2016 - More information

    Senate committee substitute makes the following changes to the 2nd edition.

    Deletes the content of the previous edition and replaces it with the following.

    Part I.

    Amends GS 143-215.115, which includes the definitions used in Article 21C, Permitting of Wind Energy Facilities, in GS Chapter 143, to add Camp Butner and the North Carolina National Guard Joint Force Headquarters to those facilities defined as major military installations.

    Enacts new GS 143-215.116A, which prohibits wind energy facility construction, operation, or expansion in any Red, Orange, Yellow, or Green zones, or any Grey zone-Rotary Operations Area, as those zones are identified in the figure in the specified publication. Requires the Department of Environmental Quality (DEQ) to consult at least annually with the Military Affairs Commission and the Department of Military and Veterans Affairs to ensure that that the figure is up to date; if an update is necessary, once the update is made, the agencies must present the new map and relevant data to the General Assembly for the General Assembly's consideration of a statutory revision to include the updated figure. Allows the Department to withhold data deemed critical to national security from the pubic record, but must state when asked where such data has been protected from inclusion in the public record.

    Amends GS 143-215.117 to allow an applicant to use data made available for the Department of Military and Veterans Affairs in completing a description of any known potential impacts of the proposed wind energy project location on specified types of military operations for inclusion in the preapplication package.

    Amends GS 143-215.118 to no longer require an applicant for a permit for a proposed wind energy facility or proposed wind energy facility expansion and DEQ to review the permit at the scoping meeting.

    Amends GS 143-215.119 by amending the information that must be included in the application for a permit for a proposed wind energy facility or proposed wind energy facility expansion to require identification of property owners living within one half mile of (was, property owners adjacent to) the facility. Adds the requirement that a person applying for a permit for a proposed wind energy facility or proposed wind energy facility expansion give copies of the noise and shadow flicker studies to the Department of Health and Human Services (DHHS) for review of the potential health effects. Requires DHHS to give the results and its recommendations to DEQ. If the impacts would be deleterious to human health, DHHS must notify DEQ in writing and make a recommendation that the permit be denied. Makes conforming changes.

    Amends GS 143-215.120 to expand 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 (1) construction or operation of the proposed facility or facility expansion would be inconsistent with or violate rules adopted by the Department of Military and Veterans Affairs (Department) or (2) construction of the proposed facility or expansion would pose a significant adverse impact on human health as evidence by a written notice from DHHS according to new GS 143-215.119(a1).

    Amends GS 143-215.123 to require the Department, instead of DEQ, to consult annually with representatives of the major military installations to review specified information concerning military presence. Also adds the requirement that the information be provided to DEQ.

    Amends GS 143-215.125 to require the Department and the Environmental Management Commission (was, just the Environmental Management Commission) to adopt necessary rules pertaining their respective jurisdictions to implement the Article.

    This part is effective when the act becomes law and applies to applications for permits for a proposed wind energy facility or proposed wind energy facility expansion submitted on or after that date.

    Part II.

    Further amends GS Chapter 143, Article 9G, as follows. 

    Amends GS 143-151.71, the definitions section for the Article, by removing the term Commissioner. Adds and defines (1) Adjutant General to mean the Adjutant General of the North Carolina National Guard or the Adjutant General's designee, (2) National Guard Facility to mean Camp Butner and the North Carolina National Guard Joint Force Headquarters, and (3) Secretary to mean the Secretary of the Department of Administration.

    Amends GS 143-151.72 to provide that the State has a vested economic interest in preserving, maintaining, and sustaining land uses that are compatible with military activities at National Guard facilities, in addition to at major military installations.

    Amends GS 143-151.73 to require a letter of endorsement by the State Construction Office (Office) (previously also allowed the option of providing proof of the Office’s failure to act within the time allowed) before constructing a tall building or structure in an area surrounding a major military installation. Makes a conforming change to GS 143-151.75. Further amends GS 143-151.75 to prohibit construction of a tall building or structure in any area located within one-quarter mile of a National Guard facility without first getting an endorsement from the Office. Amends the information that must be provided in the statement from the base commander concerning the proposed tall building or structure, to require that the statement include a determination whether the location of the building or structure is within an area (was, within a protected area) that surrounds the major military installation. Provides that if the Office does not receive the written statement from the base commander within 45 days of issuance of the request, the Office must deem the tall building or structure as denied (was, as endorsed) by the base commander. Adds the requirement that a person seeking endorsement for a proposed tall building or structure in an area located within one-quarter mile of a National Guard facility consult with the Adjutant General to determine whether the activities of the facility may be adversely affected by the building; requires a written summary of the consultation to be submitted to the Office. Sets out conditions under which the Office must not endorse a tall building or structure in any area located within one-quarter mile of a National Guard facility. Requires the Office to make a final decision on the request for endorsement 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 or (2) the Office received the written summary of the consultation between the person and the Adjutant General concerning facilities located within one-quarter mile of a National Guard facility. Also allows a person to treat the Office’s failure to decide on the request for endorsement of a tall building or structure within the required time period as a decision to deny endorsement (was, as a decision to endorse) the building or structure. Deletes the provision allowing the Office to meet remotely to make a decision on a request for endorsement of a tall building or structure.

    Makes a clarifying change to GS 143-151.74.

    Amends GS 143-151.76 to clarify that GS 143-151.73 (certain buildings and structures prohibited without endorsement) is applicable, as specified in the statute, to buildings or structures that existed in an area surrounding major military installations on October 1, 2013 (was, upon the effective date of Article 9G). Makes conforming changes.

    Amends GS 143-151.77 to make the Secretary of the Department of Administration (Secretary), instead of the Commissioner of Insurance, responsible for enforcement and penalties. Adds that  when the Secretary has reasonable cause to believe that any person has violated or is threatening to violate Article 9G, a rule implementing the Article, or any of the terms of an endorsement issued under the Article, the State Construction Office may request that the Attorney General institute a civil action in the name of the State for injunctive relief and for other relief deemed property. Sets out further provisions governing the request for injunctive relief. Makes conforming changes.

    This part is effective when it becomes law and applies to requests for endorsements to construct tall buildings or structures submitted on or after that date. 

    Part III.

    Further amends GS Chapter 143, Article 21C, concerning the permitting of wind energy facilities, as follows. 

    Amends GS 143-215.117 to also require that the Department of Military and Veterans Affairs (Department) be included in the preapplication site evaluation meeting between the applicant for a permit for a proposed wind energy facility or a proposed wind energy facility expansion and the Department of Environmental Quality (DEQ). Also requires that a copy of the preapplication package be send to the Department.

    Amends GS 143-215.118 to require that the Department attend the scoping meeting that also includes the applicant and DEQ.

    Amends GS 143-215.119 to require an application for a permit for a proposed wind energy facility or a proposed wind energy facility expansion be submitted to the Department in addition to DEQ. Notice of the scheduled public hearing must also be provided to the Department. 

    Amends GS 143-215.120 by amending the conditions under which a permit for a proposed wind energy facility or a proposed wind energy facility expansion may be denied to allow denial when the Department has issued a recommendation to deny the permit under new GS 143-215.120A(b) on the basis that construction or operation of the proposed facility or expansion would encroach upon or have a significant adverse impact on the mission, training, or operations of any major military installation or branch of military in the state and result in a detriment to continued military presence in the state. Makes conforming changes. Adds to the documents that DEQ must have received before it is required to make a final decision on a permit application to also require receipt of a recommendation issued under new GS 143-215.120A from the Department as to whether to approve or deny a permit for the proposed wind energy facility or proposed expansion.

    Enacts new GS 143-215.120A requiring the Department to evaluate whether the construction or operation of the proposed wind energy facility or wind energy facility expansion would encroach on or otherwise have a significant adverse impact on the mission, training, or operations of any major military installation or branch of military in the State and result in a detriment to continued military presence in the State. Sets out issues that the Department may consider in its evaluation. Requires the Department to issue a recommendation to DEQ based on its evaluation as to whether the application should be approved or denied. Requires the recommendation to be issued within 60 days following 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 recommendation to deny the application. 

    This part is effective October 1, 2018, applying to applications for permits for a proposed wind energy facility or a proposed wind energy facility expansion submitted on or after that date.

    Part IV.

    Recodifies Article 9G as Part 12 and makes conforming changes. Amends GS 143B-1315B, the definitions for use in the Part, to define Department as the Department of Military and Veterans Affairs (Department) and to define National Guard facilities to mean Camp Butner and the North Carolina National Guard Joint Force Headquarters. Deletes the term State Construction Office (SCO). Amends the term Secretary to now refer to the Secretary of the Department of Military and Veterans Affairs instead of the Secretary of the Department of Administration. Amends GS 143-1315F (formerly GS 143-151.75) to make the Department, instead of the SCO, responsible for endorsing proposed tall buildings or structures. Also makes the Department, instead of the CSO, responsible for enforcement and penalties. Provides that if the Department does not receive a written statement concerning the proposed tall building or structure from the base commander, within 45 days of issuance of the request to the base commander, the Department must deem the tall building or structure as eligible (was, endorsed) by the base commander.

    Makes conforming changes.

    This part becomes effective October 1, 2018, and applies to requests for endorsements to construct tall buildings or structures submitted on or after that date.

    Part V.

    Amends GS 153A-323 (county procedure for adopting, amending, or repealing ordinances under this Article and GS Chapter 160A, Article 19) and GS 160A-364 (city procedure for adopting, amending, or repealing ordinances under Article) to expand the changes that require notice, to now also require notice for: (1) changes relating to tall buildings and structures and (2) changes relating to wind energy facilities or wind energy facility expansions. Also amends the statute to require that notice also be given to the Department of Military and Veterans Affairs (Department) when the adoption or modification of the ordinance would result in the changes specified in the statute and those changes would be located five miles or less from the perimeter boundary of a military base. Adds the Department to those that may provide comments.

    Part VI.

    Amends the Department’s powers and duties under GS 143B-1211 to add maintaining, and making publicly available including posting to the Department's website, maps of specified zones and of areas surrounding major military installations, military training routes, and military operating areas that are subject to the provisions of Part 12.

    Repeals GS 143-135.29, which required the SCO to maintain, and make available to the public, accurate maps of areas surrounding major military installations. 

    The above provisions are effective when the act becomes law.

    Effective October 1, 2018, further amends the Department’s powers and duties under GS 143B-1211 to add issuing: (1) recommendations to DEQ as to whether to approve or deny an application for a proposed wind energy facility or wind energy facility expansion and (2) endorsements for the construction of proposed tall buildings or structures, and otherwise assist in the administration and implementation of the provisions of Part 12.

    Part VII.

    Establishes the North Carolina Sentinel Landscape Committee (Committee) administratively housed in the College of Natural Resources at NC State University. Sets out the General Assembly's findings and sets out the purpose of the Committee. Requires the Committee to develop and implement programs and strategies that (1) protect working lands in the vicinity of and where testing and training occurs on major military installations, (2) address restrictions that inhibit military testing and training, and (3) forestall incompatible development in the vicinity of and where testing and training occurs on military installations. Sets out the Committee's powers and duties. Provides that the Committee consists of at least the following individuals or the individuals' designee: (1) Commissioner of Agriculture, (2) Secretary of the Department of Military and Veterans Affairs, (3) Secretary of Natural and Cultural Resources, and (4) the Dean of the College of Natural Resources. Requires the Committee to meet at lease quarterly. Requires the Commission to report to the North Carolina Military Affairs Commission and the Agriculture and Forestry Awareness Study Commission annually, beginning September 1, 2016.

    Effective when the act becomes law. 

    Part VIII.

    Requires the Department, in consultation with the Division of Energy, Mineral, and Land Resources in DEQ, to study the potential conflicts posed by energy-related infrastructure development within the Red, Orange, and Yellow Zones as described in the specified publication. Specifies what must be included in the study. Allows the Department to keep records and documents that support the work of the study confidential. Requires the Department to report its findings and recommendations to the Joint Legislative Energy Policy Commission on on before December 15, 2017.

    Part IX.

    Unless otherwise indicated, effective when the act becomes law. 

    Changes the act's short and long titles.


  • Summary date: Apr 28 2015 - More information

    House amendment makes the following changes to the 1st edition.

    Requires that one of the members appointed to the NC Joint Legislative Task Force on Regulatory Reform upon recommendation of the House of Representatives be a representative of an environmental advocacy group instead of an at-large public member.


  • Summary date: Apr 16 2015 - More information

    Establishes the 12-member North Carolina Joint Legislative Task Force on Regulatory Reform (Task Force) to solicit, review, and recommend proposals from owners and managers of businesses, economic development professionals, employers, employees, independent contractors, consumers, and citizens on ways to improve the state's regulatory climate. Specifies issues that must be considered. Specifies membership requirements, provides for chairs, and sets out other provisions governing the functioning of the Task Force. Requires the Task Force to submit a final report to the General Assembly on or before December 31, 2016, and terminate the Task Force on that date or upon the filing of the final report, whichever is first. 


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