SB 377 — Military Base Protection Act.

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2019 S 23 SENATE BILL 377 Finance Committee Substitute Adopted 6/5/19 House Committee Substitute Favorable 6/25/19 Short Title:

March 28, 2019 A BILL TO BE ENTITLED AN ACT TO PROHIBITAMEND CONSTRUCTION,VARIOUS OPERATION,STATUTES ORGOVERNING EXPANSION OF WIND ENERGY FACILITIES IN AREAS OF THE STATEPERMITTING WHERE IMPACTS OF VERTICAL OBSTRUCTIONS HAVE BEEN DETERMINED TO BE SIGNIFICANTLY HIGH, WITH A HIGH RISK FOR DEGRADING SAFETY AND THE MILITARY'S ABILITY TO PERFORM AVIATION TRAINING FOR A PERIOD OF THREE YEARS TO PROVIDE THE FEDERAL GOVERNMENT ADEQUATE TIME TO REVIEW AND PROMULGATE GUIDANCE ON POTENTIAL RAMIFICATIONS FOR THE BASE REALIGNMENT AND CLOSURE PROCESS CONCERNING THE COMPATIBILITY OF WIND ENERGY FACILITIESFACILITIES. ON MILITARY OPERATIONS, TRAINING, AND READINESS;

AND TO INCREASE THE APPLICATION FEE FOR PERMITTING OF PROPOSED WIND ENERGY FACILITIES OR WIND ENERGY FACILITY EXPANSIONS.

There is hereby established a moratorium on the issuance of permits for wind energy facilities and wind energy facility expansions in this State for facilities or expansions to be located in the area designated in red as "Significant" on the map entitled "Vertical Obstruction Impact on theNC MilitaryMission,"as theimpacts ofvertical obstructions in this area have been determined to be significantly high, with a high risk for degrading safety and the military's ability to perform aviation training.

The purpose of this moratorium is to allow the federal government adequate time to review and promulgate guidance on potential ramifications to the Base Realignment and Closure process concerning the compatibilityof wind energy facilities on military operations, training, and readiness.

Neither the Department of Environmental Quality nor the Coastal Resources Commission shall issue a permit for a wind energy facility or wind energy facility expansion for the period beginning July 1, 2019, and ending on July 1, 2022.

SECTION 2.

143-215.115 reads as rewritten:

"§ 143-215.115.

Definitions.

In addition to the definitions set forth in G.S.

143-212, the following definitions apply to this Article:

… (4) "Commanding military officer's designee" means an individual appointed by a commanding militaryofficer, who mayrepresent the interests of the military installation of the commanding military officer they represent.

The designee shall provide information from the major military installation or the commanding military officer they represent to the Department.

The interests the designee represents may include the ongoing training and mission currently being conducted at the major military installation they represent." SECTION 2.

G.S.

… (c)(d) Fees.Notice of Receipt of Complete Permit Application.

– AnWithin applicant10 fordays of receipt of a complete permit application for a proposed wind energy facilityor proposed wind energyfacility expansion submitted pursuant to subsection (a) of this section, the Department shall provide notice of the permit application to (i) the commanding military officer of all major military installations, (ii) the commanding military officer of any military installation located outside the State that is located within 50 nautical miles of the location of the proposed wind energy facility or proposed wind energy facilityfacilityexpansion, expansionand under(iii) thisthe sectionboard shallof submitcommissioners withfor each county and the applicationgoverning requiredbody pursuanttosubsection(a)ofthissection,anapplicationfeeofof threethousandfivehundreddollarseach ($3,500).fourmunicipality thousandin dollarswhich ($4,000).the wind energy facility or wind energy facility expansion is proposed to be located.

…."The *S377-v-2*notice Generalshall Assemblyinclude: Of North Carolina Session 2019 SECTION 3.

(1) A copy of the map showing the location of the proposed wind energy facility orproposed windenergyfacilityexpansion thatincludes thespecificlocations of wind turbines.

(2) A written request to the commanding military officer of a major military installation or the commanding military officer's designee, for technical information related to any adverse impact on the installation's operations, *S377-v-3* General Assembly Of North Carolina Session 2019 training, or mission, including maps and narrative information identifying militaryair navigation routes, air traffic control areas, militarytraining routes, special-use air space, radar or other military operations that may be affected.

(3) A written request for information related to potential adverse impacts of the proposed wind energy facility or proposed wind energy facility expansion on local governments from the board of commissioners for each county and the governing body of each municipality.

…." SECTION 3.

Page 2 Senate Bill 377-Second377-Third Edition