Bill Summaries: H574 (2017-2018 Session)

Tracking:
  • Summary date: Apr 26 2017 - View 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. 


  • Summary date: Apr 5 2017 - View 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.