North Carolina 2017-2018 Session Status: In Committee 1 R cosponsors

SB 366 — Responsible Wind Energy Implementation.

Last action — Passed 1st Reading

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2017-2018 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

22 added · 23 removed

Plain-language change summary

In the latest version of Senate Bill 366, several changes were made to streamline the text, with certain lines added or removed. This update likely reflects an effort to clarify the bill's language, making it easier to understand for lawmakers and the public. It matters because clearer bills can lead to more informed discussions and better decision-making during the legislative process.

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FILED SENATE GENERAL ASSEMBLY OF NORTH CAROLINA Mar 23, 2017 S.B.
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 S 1 SENATE BILL 366* Short Title:
366 SESSION 2017 PRINCIPAL CLERK S D SENATE BILL DRS15076-BH-1* (02/22) Short Title:
Senators Cook, Sanderson, and Brock (Primary Sponsors).
Senators Cook, Sanderson, Brock (Primary Sponsors);
and Rabin.
A BILL TO BE ENTITLED AN ACT TO MINIMIZE INTERFERENCE WITH MILITARY OPERATIONS, ENVIRONMENTAL DEGRADATION, REDUCTION OF PROPERTY RIGHTS, AND HARMS TO PUBLIC HEALTH, SAFETY, AND WELFARE RESULTING FROM THE SITING AND OPERATION OF INDUSTRIAL WIND ENERGY FACILITIES.
Rules and Operations of the Senate March 27, 2017 A BILL TO BE ENTITLED AN ACT TO MINIMIZE INTERFERENCE WITH MILITARY OPERATIONS, ENVIRONMENTAL DEGRADATION, REDUCTION OF PROPERTY RIGHTS, AND HARMS TO PUBLIC HEALTH, SAFETY, AND WELFARE RESULTING FROM THE SITING AND OPERATION OF INDUSTRIAL WIND ENERGY FACILITIES.
(3) "Wind energy facility expansion" means any activity that (i) adds additional turbines, or substantially(ii) modifies the size or rating of any existing *DRS15076-BH-1* General Assembly Of North Carolina Session 2017 turbines or transmission facilities, including increasing the height of such equipment, turbines, or (iii) changes the footprint of the WEF over that whichwhat was initially permitted or (ii) increases the footprint of the wind energy facility over that which was initially permitted.
(3) "Wind energy facility expansion" means any activity that (i) adds additional turbines, or substantially(ii) modifies the size or rating of any existing *S366-v-1* General Assembly Of North Carolina Session 2017 turbines or transmission facilities, including increasing the height of such equipment, turbines, or (iii) changes the footprint of the WEF over that whichwhat was initially permitted or (ii) increases the footprint of the wind energy facility over that which was initially permitted.
Page 2 DRS15076-BH-1* [v.22] (02/17) General Assembly Of North Carolina Session 2017 (3) Identify areas where proposed construction or expansion activities pose minimal risk to natural resources and uses, including groundwater, and avian, bat, and endangered and threatened species.
Page 2 Senate Bill 366*-First Edition General Assembly Of North Carolina Session 2017 (3) Identify areas where proposed construction or expansion activities pose minimal risk to natural resources and uses, including groundwater, and avian, bat, and endangered and threatened species.
DRS15076-BH-1* [v.22] (02/17) Page 3 General Assembly Of North Carolina Session 2017 (6)(7) A schedule showing the anticipated dates for commencement of construction, testing, and commercial operation of the proposed wind energy facility or proposed wind energy facility expansion.WEF.
Senate Bill 366*-First Edition Page 3 General Assembly Of North Carolina Session 2017 (6)(7) A schedule showing the anticipated dates for commencement of construction, testing, and commercial operation of the proposed wind energy facility or proposed wind energy facility expansion.WEF.
Page 4 DRS15076-BH-1* [v.22] (02/17) General Assembly Of North Carolina Session 2017 "§ 143-215.119.
Page 4 Senate Bill 366*-First Edition General Assembly Of North Carolina Session 2017 "§ 143-215.119.
If the applicant has submitted Federal Aviation DRS15076-BH-1* [v.22] (02/17) Page 5 General Assembly Of North Carolina Session 2017 Administration Form 7460-1 in order to fulfill the requirements of this subdivision, the applicant shall provide any determination reached by the Federal Aviation Administration at the time the application is submitted to the Department.
If the applicant has submitted Federal Aviation Senate Bill 366*-First Edition Page 5 General Assembly Of North Carolina Session 2017 Administration Form 7460-1 in order to fulfill the requirements of this subdivision, the applicant shall provide any determination reached by the Federal Aviation Administration at the time the application is submitted to the Department.
The study shall be conducted Page 6 DRS15076-BH-1* [v.22] (02/17) General Assembly Of North Carolina Session 2017 by independent experts selected from a list of providers approved by the Department and paid for by the applicant.
The study shall be conducted Page 6 Senate Bill 366*-First Edition General Assembly Of North Carolina Session 2017 by independent experts selected from a list of providers approved by the Department and paid for by the applicant.
– To the extent that any documents included in the permit application contain verifiable trade secrets or verifiable DRS15076-BH-1* [v.22] (02/17) Page 7 General Assembly Of North Carolina Session 2017 confidential business information, those portions of the documents shall not be subject to disclosure under the North Carolina Public Records Act.
– To the extent that any documents included in the permit application contain verifiable trade secrets or verifiable Senate Bill 366*-First Edition Page 7 General Assembly Of North Carolina Session 2017 confidential business information, those portions of the documents shall not be subject to disclosure under the North Carolina Public Records Act.
Page 8 DRS15076-BH-1* [v.22] (02/17) General Assembly Of North Carolina Session 2017 (f) Public Hearing and Comment.
Page 8 Senate Bill 366*-First Edition General Assembly Of North Carolina Session 2017 (f) Public Hearing and Comment.
Upon decommissioning, the applicant for a DRS15076-BH-1* [v.22] (02/17) Page 9 General Assembly Of North Carolina Session 2017 permit or a permit holder for a WEF shall be responsible for properly disposing of each piece of equipment used in the WEF.
Upon decommissioning, the applicant for a Senate Bill 366*-First Edition Page 9 General Assembly Of North Carolina Session 2017 permit or a permit holder for a WEF shall be responsible for properly disposing of each piece of equipment used in the WEF.
143-215.119.major military installation, or put the Page 10 DRS15076-BH-1* [v.22] (02/17) General Assembly Of North Carolina Session 2017 lives of military personnel in jeopardy, based upon the conclusions of Military Affairs Commission or consulted military personnel.
143-215.119.major military installation, or put the Page 10 Senate Bill 366*-First Edition General Assembly Of North Carolina Session 2017 lives of military personnel in jeopardy, based upon the conclusions of Military Affairs Commission or consulted military personnel.
(8) Construction of the proposed wind energy facility or proposed wind energy facility expansion would be prohibited under Article 14 of Chapter 113A of the General Statutes, the Mountain Ridge Protection Act of 1983.Operation of the proposed WEF would have a significant adverse impact on views or DRS15076-BH-1* [v.22] (02/17) Page 11 General Assembly Of North Carolina Session 2017 other aspects of any State or national park;
(8) Construction of the proposed wind energy facility or proposed wind energy facility expansion would be prohibited under Article 14 of Chapter 113A of the General Statutes, the Mountain Ridge Protection Act of 1983.Operation of the proposed WEF would have a significant adverse impact on views or Senate Bill 366*-First Edition Page 11 General Assembly Of North Carolina Session 2017 other aspects of any State or national park;
If the specific location of a turbine authorized to be constructed pursuant to a "Determination of No Hazard to Air Navigation" or the configuration of the wind energy facility varies from the information submitted by the applicant upon which the Department has made its permit decision, the Department may reevaluate the permit application and require the applicant to submit any additional information the Department deems necessary to approve or deny a permit for the facility as reconfigured.The Page 12 DRS15076-BH-1* [v.22] (02/17) General Assembly Of North Carolina Session 2017 Department shall include, as a condition of a permit for a proposed WEF, a requirement that the applicant satisfactorily resolve all adverse impacts.
If the specific location of a turbine authorized to be constructed pursuant to a "Determination of No Hazard to Air Navigation" or the configuration of the wind energy facility varies from the information submitted by the applicant upon which the Department has made its permit decision, the Department may reevaluate the permit application and require the applicant to submit any additional information the Department deems necessary to approve or deny a permit for the facility as reconfigured.The Page 12 Senate Bill 366*-First Edition General Assembly Of North Carolina Session 2017 Department shall include, as a condition of a permit for a proposed WEF, a requirement that the applicant satisfactorily resolve all adverse impacts.
DRS15076-BH-1* [v.22] (02/17) Page 13 General Assembly Of North Carolina Session 2017 "§ 143-215.122.
Senate Bill 366*-First Edition Page 13 General Assembly Of North Carolina Session 2017 "§ 143-215.122.
Page 14 DRS15076-BH-1* [v.22] (02/17) General Assembly Of North Carolina Session 2017 (e) Any person who owns, operates, or controls a WEF shall be strictly liable, without regard to fault, for damages to persons or property, public or private, caused by the construction, maintenance, operation, decommissioning, disassembly, or demolition of that WEF.
Page 14 Senate Bill 366*-First Edition General Assembly Of North Carolina Session 2017 (e) Any person who owns, operates, or controls a WEF shall be strictly liable, without regard to fault, for damages to persons or property, public or private, caused by the construction, maintenance, operation, decommissioning, disassembly, or demolition of that WEF.
DRS15076-BH-1* [v.22] (02/17) Page 15
Senate Bill 366*-First Edition Page 15
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Action History

  1. Passed 1st Reading

  2. Ref To Com On Rules and Operations of the Senate

  3. Filed

Sponsors

Sponsorship breakdown

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2 sponsors · 2 co-sponsors · 175 not signed on

Sponsors (2)

Co-sponsors (2)

  • Rabin
  • Brock

Not signed on (175)

175 members have not signed on to this bill.

Show all 175 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

environment energy
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 366?
SB 366 is sponsored by Norman W. Sanderson (Republican), Rabin, Cook, and Brock.
What is the current status of SB 366?
This bill died with 2017-2018 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 366?
Track SB 366 free on One Click Politics — get push/email alerts when it moves.

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