Modify Rqmts. for Wind Energy Facilities.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 2
SENATE BILL 513
Agriculture, Energy, and Environment Committee Substitute Adopted 5/7/25

Short Title: Modify Rqmts. for Wind Energy Facilities. (Public)
Sponsors:
Referred to:
March 26, 2025
*S513-v-2*
A BILL TO BE ENTITLED 1
AN ACT TO ESTABLISH ENHANCED PUBLIC NOTI CE REQUIREMENTS FOR 2
PROPOSED WIND ENERGY FACILITIES AND TO R EQUIRE WIND ENERGY 3
FACILITIES TO INSTALL LIGHT-MITIGATING TECHNOLOGY SYSTEMS. 4
The General Assembly of North Carolina enacts: 5
SECTION 1. G.S. 143-215.119 reads as rewritten: 6
"§ 143 -215.119. Permit application requirements; fees; notice of receipt of completed 7
permit; public hearing; public comment. 8
(a) Permit Requirements. – A person applying for a permit for a proposed wind energy 9
facility or proposed wind energy facility expansion shall include all of the following in an 10
application for the permit: 11
(1) A narrative description of the proposed wind energy facility or proposed wind 12
energy facility expansion. 13
(2) A map showing the location of the proposed wind energy facility or proposed 14
wind energy facility expansion that identifies the specific location of each 15
turbine. 16
(3) A copy of a deed, purchase agreement, lease agreement, or other legal 17
instrument demonstrating the right to construct, expand, or otherwise develop 18
a wind energy facility on the property. 19
(4) Identification by name and address of property owners adjacent to the 20
proposed wind energy facility or proposed wind energy facility expansion. 21
The applicant shall notify every pr operty owner identified pursuant to this 22
subdivision located within 1 mile of any property boundary of the facility by 23
registered or certified mail or by any means authorized by G.S. 1A-1, Rule 4, 24
in a form approved by the Department. The applicant shall a lso notify the 25
board of commissioners for each county and the governing body of each 26
municipality located within 20 miles of the proposed facility. The notice shall 27
include all of the following: 28
a. The location of the proposed wind energy facility or propo sed wind 29
energy facility expansion and the specific location of each turbine 30
proposed to be located within one -half mile of the boundary of the 31
adjacent property owner.located. 32
b. A description of the proposed wind energy facility or proposed wind 33
energy facility expansion. 34
(5) A description of civil air navigation or military air navigation routes, air traffic 35
control areas, military training routes, special -use air space, radar, or other 36
General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 513-Second Edition
military operations that may be affected by the construction or ope ration of 1
the proposed wind energy facility or proposed wind energy facility expansion. 2
(6) Documentation that addresses any potential adverse impact on military 3
operations and readiness as identified by the Department of Defense 4
Clearinghouse pursuant to Part 211 of Title 32 Code of Federal Regulations 5
(July 1, 2012 edition) and any mitigation actions agreed to by the applicant. 6
(7) Documentation that the applicant has either (i) submitted Federal Aviation 7
Administration Form 7460 -1 for the turbines associ ated with the proposed 8
wind energy facility or proposed wind energy facility expansion or (ii) 9
initiated an informal review by the Department of Defense Siting 10
Clearinghouse of the proposed wind energy facility or proposed wind energy 11
facility expansion. I f the applicant has submitted Federal Aviation 12
Administration Form 7460 -1 in order to fulfill the requirements of this 13
subdivision, the applicant shall provide any determination reached by the 14
Federal Aviation Administration at the time the application is submitted to the 15
Department. If the Federal Aviation Administration has not made a 16
determination at the time the application is submitted to the Department, the 17
application shall include a description of the status of the applicant's 18
engagement with the Federal Aviation Administration and the Department of 19
Defense Siting Clearinghouse. 20
(7a) Documentation that the applicant has filed a request with the Federal Aviation 21
Administration for approval to install and use a light -mitigating technology 22
system at the proposed wind energy facility or proposed wind energy facility 23
expansion in compliance with the requirements of G.S. 143-215.121.1. 24
(8) A study of the noise impacts of the turbines to be associated with the proposed 25
wind energy facility or proposed wind energy facility expansion. 26
(9) A study on shadow flicker impacts of the turbines to be associated with the 27
proposed wind energy facility or proposed wind energy facility expansion, 28
unless the turbines will be located in a sound or in offshore waters. 29
(10) A study of the impact of the proposed wind energy facility or proposed wind 30
energy facility expansion on natural resources and uses, including avian, bat, 31
and endangered and threatened species. 32
(11) An explanation of how the proposed wind energy facility or proposed wind 33
energy facility expansion would be consistent with the criteria in subsection 34
(a) of G.S. 143-215.120. 35
(12) The application fee required by subsection (c) of this section. 36
(13) A plan regarding the action to be taken upon the decommissioning and 37
removal of the wind energy facility. The plan shall include an estimate of the 38
cost to decommission and remove the wind energy facility. The plan shall also 39
include the anticipated life of the project, an estimate of the cost to 40
decommission and remov e the wind energy facility, a description of the 41
manner in which the facility will be decommissioned, and a description of the 42
expected condition of the site once the wind energy facility has been 43
decommissioned and removed. 44
(14) Other data or information the Department may reasonably require. 45
… 46
(f) Public Hearing and Comment. – The Department shall hold a public hearing in each 47
county in which the wind energy facility or wind energy facility expansion is proposed to be 48
located within 75 days of receipt of a completed permit application. The Departmen t shall 49
provide notice including the time and location of the public hearing in a newspaper of general 50
circulation in each applicable county. county in which the wind energy facility or wind energy 51
General Assembly Of North Carolina Session 2025
Senate Bill 513-Second Edition Page 3
facility expansion is proposed to be located and any count ies located within 20 miles of any 1
property boundary of the facility. The notice of public hearing shall be published for at least two 2
consecutive weeks beginning no less than 45 days prior to the scheduled date of the hearing. The 3
notice shall provide that any comments on the proposed wind energy facility or proposed wind 4
energy facility expansion should be submitted to the Department by a specified date, not less 5
than 15 days from the date of the newspaper publication of the notice or 15 days after distribution 6
of the mailed notice, whichever is later. No less than 30 days prior to the scheduled public 7
hearing, the Department shall provide written notice of the hearing to: 8
(1) The North Carolina Utilities Commission. 9
(2) The Office of the Attorney General of North Carolina. 10
(3) The commanding military officer of any potentially affected major military 11
installation or the commanding military officer's designee. 12
(4) The board of commissioners for each county and the governing body of each 13
municipality located within 20 miles of the proposed facility or with 14
jurisdictions over areas in which a potentially affected major military 15
installation is located." 16
SECTION 2. G.S. 143-215.120 reads as rewritten: 17
"§ 143 -215.120. Criteria for permit approval; time frame; permit conditions; other 18
approvals required. 19
… 20
(b) Permit Decision. – The Department shall make a final decision on a permit application 21
within 90 days following receipt of a completed application, except that the Department shall not 22
be required to make a final decision until the Department has received received: (i) a written 23
"Determination of No Hazard to Air Navigation" issued by the Federal Aviation Administration 24
pursuant to Subpart D of Part 77 of Title 14 of the Code of Federal Regulations (January 1, 2012 25
edition). edition); and (ii) documentation of the decision of the Federal Aviation Administration 26
to either approve or deny the ap plicant's request to install and operat e a light -mitigating 27
technology system at the proposed wind energy facility or wind energy facility expansion. If the 28
Department requests additional information following the receipt of a completed application, the 29
Department shall make a final decision on a permit application within 30 days of receipt of the 30
requested information. If the Department determines that an application for a wind energy facility 31
or a wind energy facility expansion fails to meet the requirements for a permit under this section, 32
the Department shall deny the application, and the application shall be returned to the applicant 33
accompanied by a written statement of the reasons for the denial and any modifications to the 34
permit application that would make the application acceptable. If the Department fails to act 35
within the time period set forth in this subsection, the applicant may treat the failure to act as a 36
denial of the permit and may challenge the denial as provided under Chapter 150B of the General 37
Statutes. 38
…." 39
SECTION 3. Article 21C of Chapter 143 of the General St atutes is amended by 40
adding a new section to read: 41
"§ 143-215.121.1. Light-mitigating technology requirements. 42
(a) An applicant for a permit for a wind energy facility or wind energy facility expansion 43
shall file a re quest with the Federal Aviation Administration for approval to install and use a 44
light-mitigating technology system that complies with 14 C.F.R. Part 77 . If approved by the 45
Federal Aviation Administration , the applicant shall install the light -mitigating technology 46
system on approved turbines prior to commencement of operations of the wind energy facility or 47
wind energy facility expansion. 48
(b) A permit holder for a wind energy facility , not subject to the requirements of 49
subsection (a) of this s ection, shall file a request with the Federal Aviation Administration for 50
approval to install and use a light-mitigating technology system that complies with 14 C.F.R. 51
General Assembly Of North Carolina Session 2025
Page 4 Senate Bill 513-Second Edition
Part 77. If approved by the Federal Aviation Administration, the permit holder shall install the 1
light-mitigating technology system on approved turbines no later than 24 months following such 2
approval. The addition of a light-mitigating technology system to an existing wind energy facility 3
permit pursuant to this subsection does not requir e amendments, revisions, or modifications of 4
any existing wind energy facility permit or any additional permit from the Department. The 5
permit holder shall, however, notify the Department of the addition of a light -mitigating 6
technology system and pay a registration fee of twenty-five dollars ($25.00). 7
(c) For purposes of this section, the term "light-mitigating technology" means an aircraft 8
detection lighting or any other comparable system capable of reducing the impact of facility 9
obstruction lighting while maintaining conspicuity sufficient to assist aircraft in identifying and 10
avoiding collision with a wind energy facility." 11
SECTION 4. This act is effective when it becomes law and applies to permits to 12
construct wind energy facilities or wind energy facility expansions pending or filed on or after 13
that date, except that G.S. 143-215.121.1(b), as enacted by Section 3 of this act, applies to wind 14
energy facilities constructed prior to the effective date of this act, and a permit holder shall file a 15
request with the Federal Aviation Administration as required by G.S. 143-215.121.1(b) no later 16
than 60 days after the date this act becomes law. 17