Bill Text: NC H465 | 2017-2018 | Regular Session | Amended
Bill Title: Military Operations Protection Act of 2017
Spectrum: Partisan Bill (Republican 6-0)
Status: (Introduced - Dead) 2017-03-27 - Ref to the Com on Homeland Security, Military, and Veterans Affairs, if favorable, Energy and Public Utilities, if favorable, Appropriations [H465 Detail]
Download: North_Carolina-2017-H465-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2017
H 1
HOUSE BILL 465*
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Short Title: Military Operations Protection Act of 2017. |
(Public) |
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Sponsors: |
Representatives J. Bell, Dixon, and Cleveland (Primary Sponsors). For a complete list of sponsors, refer to the North Carolina General Assembly web site. |
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Referred to: |
Homeland Security, Military, and Veterans Affairs, if favorable, Energy and Public Utilities, if favorable, Appropriations |
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March 27, 2017
A BILL TO BE ENTITLED
AN ACT to impose a temporary moratorium on the consideration of permit applications and issuance of permits for the construction of new onshore and offshore wind energy facilities and direct a study of geospatial, temporal, and other data to understand the extent and scope of military operations in this state with respect to energy infrastructure.
Whereas, North Carolina has the third largest military force in the nation with nearly 130,000 active duty personnel; and
Whereas, the United States military is the second largest sector of North Carolina's economy, accounting for $66 billion in gross State product and contributing $34 billion in personal income; and
Whereas, more than 575,000 individuals are either directly employed by the military or work in the private sector providing goods or services that support the military's presence in North Carolina; and
Whereas, businesses with defense‑related contracts operated in 79 of North Carolina's 100 counties, contributing to more than $2.5 billion in defense procurement contracts in North Carolina during 2014; and
Whereas, North Carolina is the home of six major Department of Defense (DOD) installations: Coast Guard Station, Elizabeth City; Fort Bragg; Marine Corps Air Station Cherry Point; Marine Corps Air Station New River; Marine Corps Base Camp Lejeune; and Seymour Johnson Air Force Base, as well as other DOD activities and organizations including North Carolina National Guard Joint Force Headquarters; and
Whereas, North Carolina's airspace is vital to supporting and preserving military operations and training capabilities at DOD installations; Now, therefore,
The General Assembly of North Carolina enacts:
SECTION 1. Definitions. – The definitions set forth in Article 21C of Chapter 143 of the General Statutes apply throughout this act.
SECTION 2. Moratorium Established. – There is hereby established a moratorium on consideration of applications for a permit and 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 Section 4 of this act 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 consider a permit application nor 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, 2020.
SECTION 3. Exception. – The moratorium established by Section 2 of this act 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.
SECTION 4.(a) 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 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.
SECTION 4.(b) Time Line. – The study directed by subsection (a) of this section shall adhere to the following time line:
(1) The request for proposals (RFP) shall be issued on or before December 31, 2017.
(2) A contract to award the RFP shall be executed on or before June 30, 2018.
(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 June 30, 2019, in order to inform the development of policies pertaining to the protection and preservation of major military installations during the 2019‑2020 General Assembly.
SECTION 4.(c) Appropriation. – Notwithstanding G.S. 143C‑6‑23(f1)(1) and G.S. 143C‑1‑2, of the funds appropriated to the General Assembly for the 2016‑2017 fiscal year, fifty thousand dollars ($50,000) shall be used to fund the study authorized by subsection (a) of this section. Furthermore, the monies appropriated by this subsection shall be used for the study through the 2017‑2018 fiscal year or until the monies are spent, whichever first occurs.
SECTION 5. Effective Date. – This act is effective when it becomes law.
