North Carolina § 143-215 - 115. Definitions.

§ 143-215. 115. Definitions.

In addition to the definitions set forth in G.S. 143-212 , the following definitions apply to this Article: "Major military installation" means Fort Bragg, Pope Army Airfield, Marine Corps Base Camp Lejeune, New River Marine Corps Air Station, Cherry Point Marine Corps Air Station, Military Ocean Terminal at Sunny Point, the United States Coast Guard Air Station at Elizabeth City, Naval Support Activity Northwest, Air Route Surveillance Radar (ARSR-4) at Fort Fisher, and Seymour Johnson Air Force Base, in its own right and as the responsible entity for the Dare County Bombing Range, and any facility located within the State that is subject to the installations' oversight and control. "Wind energy facility" means the turbines, accessory buildings, transmission facilities, and any other equipment necessary for the operation of the facility that cumulatively, with any other wind energy facility whose turbines are located within one-half mile of one another, have a rated capacity of one megawatt or more of energy. "Wind energy facility expansion" means any activity that (i) adds or substantially modifies turbines or transmission facilities, including increasing the height of such equipment, over that which was initially permitted or (ii) increases the footprint of the wind energy facility over that which was initially permitted. History (2013-51, s. 1.) Cross References. - As to public utilities generally, see G.S. 62-1 et seq. As to certificates for construction of generating facilities, see G.S. 110-1 . As to business and energy tax credits generally, see G.S. 105-129.15 et seq. Editor's Note. - Session Laws 2013-51, s. 2, made this Article effective May 17, 2013, and applicable only to those wind energy facilities or wind energy facility expansions that have not received a written "Determination of No Hazard to Air Navigation" issued by the Federal Aviation Administration on or before that date. Session Laws 2016-23, s. 10(a) and (b) provides: "(a) Definition. - For purposes of this section, 'impacted location' shall mean any facility or property that has now been determined to be located in North Carolina as a result of a boundary certification recognized by the states of North Carolina and South Carolina, and, as a result, either of the following applies to the facility or property: "(1) It is required to obtain a permit, license, or approval from the North Carolina Department of Environmental Quality. "(2) It is subject to a permit, license, or approval program that is operated by a local government and is delegated from or approved by the North Carolina Department of Environmental Quality. "(b) Notwithstanding any other provision of law to the contrary, the Department of Environmental Quality, the Environmental Management Commission, or any local program delegated or approved by the Department or the Commission (collectively, the 'permitting authorities'), in issuing any environmental permit, license, or approval to an impacted location, shall provide a schedule of compliance that allows the recipient of the permit, license, or approval a period of no less than five years to come into compliance with any North Carolina environmental rule or standard established by the permitting authorities that (i) has no corresponding rule or standard under South Carolina law or regulation or (ii) is more stringent than the corresponding rule or standard established under South Carolina law or regulations. The permitting authorities may include increments of progress applicable in each year of the schedule established under this subsection. The owner or operator of an impacted location may waive the schedule of compliance required by this subsection. Nothing in this section is intended to limit the applicability or employment of existing procedures under North Carolina statutes and regulations granting waivers or variances from otherwise applicable environmental rules or standards." Session Laws 2016-23, s. 12(a), is a severability clause. Session Laws 2017-192, ss. 13(a)-(f), provide: "(a) Definitions. - The definitions set forth in Article 21C of Chapter 143 of the General Statutes apply throughout this act. "(b) Moratorium Established. - There is hereby established a moratorium on the issuance of permits for wind energy facilities and wind energy facility expansions in this State. The purpose of this moratorium is to allow the General Assembly ample time to study the extent and scope of military operations in the State as directed in subsection (d) of this section and to consider the impact of future wind energy facilities and energy infrastructure 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 January 1, 2017, and ending on December 31, 2018. "(c) Exception. - The moratorium established by subsection (b) of this section shall not prohibit the consideration of an application or the issuance of a permit for a wind energy facility or wind energy facility expansion for either of the following: "(1) Those facilities or facility expansions that received a written "Determination of No Hazard to Air Navigation" issued by the Federal Aviation Administration on or before May 17, 2013. "(2) If the applicant can show that a completed application, prepared in accordance with the requirements set out in G.S. 143-215.119(a) , was submitted to the Department or the Commission on or before January 1, 2017. "(d) Study. - The General Assembly shall study the extent and scope of military operations in the State in order to create a suite of maps and other relevant data and documentation that shall be employed to communicate the temporal and spatial use of land-, air-, and water-based military operations. Upon completion, the suite of maps and other relevant data and documentation may be utilized to identify areas of the State, both onshore and offshore, where energy infrastructure and development poses a threat to, encroaches upon, or otherwise reduces operations, training capabilities, or readiness. The Legislative Services Officer shall issue a request for proposals for (i) the collection of geospatial and other relevant data for land-, air-, and water-based military operations in the State and (ii) the creation of a suite of maps and other relevant data and documentation that can be used to communicate the temporal and spatial use of land-, air-, and water-based military operations in the State. In the conduct of the study, the selected contractor shall consult with the base commander, or the base commander's designee, of each major military installation in the State, United States Department of Defense officials, retired military personnel with relevant and applicable knowledge of training and operations in this State, the Military Affairs Commission, and any other person, agency, or organization that may be able to define the footprint of military operations in this State and identify, communicate, and relate the data necessary to prepare a comprehensive suite of maps and other relevant data and documentation that illustrate temporal and spatial use of land-, air-, and water-based military operations in the State. "(e) Time Line. - The study directed by subsection (d) of this section shall adhere to the following time line: "(1) The request for proposals (RFP) shall be issued on or before September 1, 2017. "(2) A contract to award the RFP shall be executed on or before November 1, 2017. "(3) The study, including the preparation of the suite of maps and other relevant data and documentation that illustrate temporal and spatial use of land-, air-, and water-based military operations in the State, findings, and recommendations, if any, shall be completed and submitted to the Legislative Services Officer on or before May 31, 2018, in order to inform the development of policies pertaining to the protection and preservation of major military installations during the 2018 Regular Session. "(f) Notwithstanding any provision of law in S.L. 2017-57 or in the Committee Report accompanying that act to the contrary, the sum of one hundred fifty thousand dollars ($150,000) reserved from the appropriation for pending legislation to support the requirements of House Bill 589, 2017 Regular Session, shall instead be used to support the study required by subsection (d) of this section."