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.
The General Assembly of North Carolina enacts:
SECTION 1.  Article 21C of Chapter 143 of the General Statutes reads as rewritten:
"Article 21C.
"Permitting and Control of Industrial Wind Energy Facilities.
"§ 143‑215.115.  Definitions.
In addition to the definitions set forth in G.S. 143‑212, the following definitions apply to this Article:
(1)	"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, the Harvey Point Defense Testing Activity facility, 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.
(1a)	"WEF" means a wind energy facility or a wind energy facility expansion.
(2)	"Wind energy facility" means parcels of land containing one or more industrial‑sized wind energy turbines rated at one megawatt or more, along with accessory buildings, transmission facilities, and any other equipment necessary for the operation of the WEF. Except as provided by G.S. 143‑215.119A(d), this Article applies only to a WEF located onshore. For purposes of this Article, an expansion of an existing WEF shall be considered a WEF unless the expansion (i) reduces the total footprint of the WEF and (ii) does not include any new land that was not previously part of the WEF site.
(3)	"Wind energy facility expansion" means any activity that (i) adds additional turbines, (ii) modifies the size or rating of any existing  turbines, or (iii) changes the footprint of the WEF over what was initially permitted.
(4)	"Site" means all parcels that make up the WEF, including those which are not contiguous.
(5)	"Infrasound" means low frequency sound not ordinarily hearable by humans, but which may still affect humans, even if unaware of its presence.
(6)	"Major WEF stakeholders" means the North Carolina Utilities Commission; the North Carolina Department of Health and Human Services; the North Carolina Department of Commerce; the North Carolina Department of Transportation; the United States Army Corps of Engineers; the United States Fish and Wildlife Service; the United States National Park Service; the North Carolina Wildlife Resources Commission; the commanding officer, or the commanding officer's designee, of any potentially affected major military installation; the North Carolina Military Affairs Commission; the county commission and governing body of each municipality in the county in which the WEF is proposed to be located; and any other stakeholders that the Department deems relevant.
"§ 143‑215.116.  Permit to sitea WEF.
No person shall undertake construction, operation, or expansion activities associated with a WEF in this State without first obtaining a permit from the Department.
"§ 143‑215.117.  Permit preapplication site evaluation meeting; notice; preapplication package requirements.
(a)	Permit Preapplication Site Evaluation Meeting. – No less than 180 days prior to filing an application for a permit to construct, operate, or expand a WEF, a person shall request a preapplication site evaluation meeting to be held between the applicant and the Department. The permit preapplication site evaluation meeting shall be held no less than 120 days prior to filing an application for a permit to construct, operate, or expand a WEF and shall be used by the participants, together with the materials described in subsection (b) of this section, to do the following:
(1)	Conduct a preliminary evaluation of the site for the proposed WEF. The preliminary evaluation shall determine if the proposed WEF may do any of the following:
a.	Pose risk to civil air navigation, including aerial spraying or firefighting, or military air navigation routes, air traffic control areas, military training routes, special‑use air space, radar, or other military operations.
b.	Pose serious risk to natural resources and uses within five miles of the proposed WEF. This includes risk to species of concern or their habitats and includes decreased groundwater recharge, increased stormwater discharge, or increased turbidity and sedimentation in streams impacted by the WEF.
c.	Pose serious risks to the health, safety, and welfare of citizens residing within two miles of the proposed WEF.
(2)	Identify areas where proposed construction or expansion activities pose minimal risk of interference with civil air navigation or military air navigation routes, air traffic control areas, military training routes, special‑use air space, radar, or other potentially affected military operations.
(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.
(4)	Identify areas where proposed construction or expansion activities pose minimal risk to the health, safety, and welfare of proximate residents.
(b)	Permit Preapplication Package. – No less than 45 days prior to the date of the permit preapplication site evaluation meeting scheduled in accordance with subsection (a) of this section, the applicant for a WEF shall submit a preapplication package to the Department. To the extent that any documents contain verifiable trade secrets or confidential business information, those portions of the documents shall not be subject to disclosure under the North Carolina Public Records Act. The preapplication package shall include, in both printed and digital formats, all of the following:
(1)	A narrative description of the WEF, including (i) the type and maximum physical dimensions of wind turbines to be constructed; (ii) the total planned capacity of the WEF; and (iii) a description of any ancillary facilities.
(2)	A United States Geological Survey topographic map showing the approximate location of the proposed WEF and the anticipated location of the WEF's turbines.
(3)	A description of any known potential impacts of the proposed WEF on civil air navigation, including aerial spraying or firefighting, or military air navigation routes, air traffic control areas, military training routes, special‑use air space, radar, or any other potentially affected military operations.
	
(4)	A description of any known potential adverse impacts of the proposed WEF on natural and agricultural resources, including groundwater, crop production, and animals. For purposes of this subdivision, "animals" includes wildlife, livestock, and domestic animals, including bats, raptors, and endangered and threatened species.
(5)	A description of any known potentially adverse impacts of the proposed WEF on the health, safety, and welfare of proximate residents and visitors.
(6)	A list and status of the federal, State, and local agencies from which approvals will be obtained and the name of those approvals required to authorize the construction, operation, or expansion of the proposed WEF.
(7)	A schedule showing the anticipated dates for commencement of construction, testing, and commercial operation of the proposed WEF.
(8)	An operation and maintenance plan that includes, at a minimum, routine and emergency checks for structural integrity, repairs, and rust prevention.
(9)	The URL of a Web site created by the applicant with information about the proposed WEF which (i) provides the full text of all documents submitted by the applicant to any federal, State, or local government agency that are considered public records under State law; (ii) lists the titles, or a general description if the document has no title, of all documents submitted by the applicant to any federal, State, or local government agency that are considered proprietary and confidential under State law; (iii) lists the name and address of all leaseholders; (iv) provides an opportunity for regional citizens to make publically shown comments on the proposed WEF; and (v) has been advertised in a locally circulated newspaper.
(c)	Notice to Interested Parties. – No less than 21 days prior to the date of the permit preapplication site evaluation meeting scheduled in accordance with subsection (a) of this section, the Department shall provide written notice of the meeting, including an invitation to participate, to the major WEF stakeholders.
(d)	The Department shall prepare detailed minutes or make an audio recording of the meeting, and the minutes or recording shall become an official part of the permit application package.
"§ 143‑215.118.  Permit application scoping meeting and notice.
(a)	Scoping Meeting. – No less than 60 days prior to filing an application for a permit for a proposed WEF, the applicant shall request the scheduling of a scoping meeting between the applicant and the Department. The scoping meeting shall be held no less than 30 days prior to filing an application for a permit for a proposed WEF. The applicant and the Department shall review the permit for the proposed WEF at the scoping meeting. The scoping meeting shall be held in a county where the WEF is proposed to be located.
(b)	Notice of Scoping Meeting. – No less than 21 days prior to the scheduled permit application scoping meeting with an applicant, the Department shall provide written notice of the meeting to major WEF stakeholders. The notice shall include an invitation to participate in the scoping meeting.
(c)	The meeting shall be advertised pursuant to open meetings laws and shall be open to the public.
(d)	The Department shall prepare detailed minutes or make an audio recording of the meeting, and the minutes or recording shall become an official part of the permit application package.
"§ 143‑215.119.  Permit application requirements; fees; notice of receipt of completed permit; public hearing; public comment.
(a)	Permit Requirements. – A person applying for a permit for a WEF shall include all of the following in an application for the permit in both printed and digital format.
(1)	A narrative description of the proposed WEF.
(2)	A map showing the location of the proposed WEF that identifies the specific location, height, and rating of each anticipated turbine, and all other buildings, roads, and equipment that are a part of the WEF.
(3)	A copy of a deed, purchase agreement, or lease agreement demonstrating the applicant's right to construct, expand, or otherwise develop a WEF on all the properties involved. For purposes of this subdivision, the lease agreement means the original full lease agreement and does not mean the memorandum of lease.
(4)	Name and address of all property owners within two miles of the perimeter of the WEF. The applicant shall notify every property owner identified pursuant to this subdivision by registered or certified mail or by any means authorized by G.S. 1A‑1, Rule 4, in a form approved by the Department. The notice shall include the information required by subdivisions (1) and (2) of this subsection.

(4a)	The applicant's North Carolina Utilities Commission Certificate of Public Convenience and Necessity.
(5)	A description of military air navigation routes, air traffic control areas, military training routes, special‑use air space, aerial spraying activities, potential aerial firefighting activity, radar, or other civilian or military operations that may be affected by the construction or operation of the proposed WEF.
(6)	A description of any potential adverse impact on (i) military operations, (ii) military readiness, or (iii) the lives of military personnel, and any rectifying actions agreed to by the applicant.
(7)	Documentation that the applicant has completed a review by the Department of Defense Siting Clearinghouse of the proposed  WEF. This includes an unredacted copy of the agreement negotiated through this process and unredacted copies of all correspondences between the applicant and the Department of Defense, including any Memoranda of Understanding. Nothing in this subdivision is intended to prevent the redaction of federally classified information.
(8)	A list of the documentation submitted by the applicant to the Federal Aviation Administration associated with the proposed WEF and any approvals or determinations issued by the Federal Aviation Agency, including, but not limited to, the applicant's "No Hazard Determination" documentation.
(9)	 If there are residential properties within two miles of the proposed WEF, a study of the possible human health impacts of the proposed WEF's turbines. This study shall use established industry standards to thoroughly and objectively assess the potential impacts of such concerns as infrasound; audible noise vibrations; electromagnetic fields; shadow flicker; blade glint; ice throw; and component liberation due to major storms, lightning, or other causes on humans within two miles of the WEF. The study shall be conducted by independent experts selected from a list of providers approved by the Department of Health and Human Services and paid for by the applicant.
(10)	A study of the local and regional economic impacts of the proposed WEF. This study shall thoroughly and objectively assess the potential short‑term and long‑term financial impacts, including, but not limited to, construction employment and spending; property tax revenue; lease contracts; and impacts on tourism, agricultural yields, home values, and health care costs. The study shall be conducted by independent experts selected from a list of providers approved by the Department of Commerce and paid for by the applicant.
(11)	 A plan of action to be taken to deactivate the WEF, and to protect the public from harm due to WEF component liberation, during tornadoes, hurricanes, nor'easters, and other high wind conditions.
(12)	An environmental assessment of the potential adverse impacts of the proposed WEF on ecosystems, including domestic animals, livestock, or wildlife, with specific analysis targeted at bat, avian, and endangered or threatened species, and including migratory flyways and corridors. The study shall be conducted by independent experts selected from a list of providers approved by the Department and paid for by the applicant.
(13)	 A study of the proposed WEF's potential impact on views or other aspects of any State or national park; wilderness area; significant natural heritage area, as compiled by the NC Natural Heritage Program; or other public lands or private conservation lands designated or dedicated due to their high recreational values, if any of these are in the viewshed of the proposed WEF. The study shall be conducted by independent experts selected from a list of Department‑approved providers and paid for by the applicant.
(14)	A study of the potential hydro‑geological impacts of the proposed WEF on natural resources, water bodies, flowing water sources, wetlands, groundwater, aquifers, and private wells within two miles of the perimeter of the WEF. This study will include stormwater discharge calculations, including calculations of stream bank erosion and stream bed scour due to increased stormwater discharge. The study will include a United States Geological Survey topographic map showing the placement of monitoring wells for determining a decrease in the water table of the surficial aquifer, and also a decrease in hydraulic head of the underlying confined aquifers due to WEF construction‑related activities. The study shall be conducted by independent experts selected from a list of Department‑approved providers and paid for by the applicant.
(15)	Documentation for the applicant's proposed property value guarantee (PVG) for all residential properties within two miles of the perimeter of the WEF. The specific terms and conditions of the PVG are the responsibility of each local governing body where the WEF is located. Such a PVG must effectively protect the property values of all residential property owners within two miles of the perimeter of the WEF.
(16)	An incident response plan that ensures that local emergency responders have the necessary equipment and training to effectively handle emergencies such as oil spills, turbine fires, and turbine structural damage or collapse, including access to equipment needed for rescue of trapped personnel.
(17)	A plan regarding the action to be taken to decommission the WEF. The plan shall be consistent with the terms and conditions specified in G.S. 143‑215.119B.
(18)	The Power Purchase Agreement (PPA).
(19)	An explanation of how the proposed WEF would be consistent with the criteria in subsection (a) of G.S. 143‑215.122.
(20)	The application fee required by subsection (c) of this section.
(21)	Other data or information the Department may reasonably require.
(b)	Confidentiality of Trade Secrets and Business Information. – To the extent that any documents included in the permit application contain verifiable trade secrets or verifiable confidential business information, those portions of the documents shall not be subject to disclosure under the North Carolina Public Records Act. 
(c)	Fees. – An applicant for a permit for a proposed WEF under this section shall submit with the application required pursuant to subsection (a) of this section an application fee of one hundred dollars ($100.00) per rated faceplate megawatt of the full proposed WEF.
(d)	Notice of Receipt of Complete Permit Application. – Within 15 business days of receipt of a completed permit application for a WEF submitted pursuant to subsection (a) of this section, the Department shall provide notice of the permit application to major WEF stakeholders. The notice shall include:
(1)	A copy of the map showing the location of the WEF that includes the specific locations, heights, and ratings of each wind turbine, and all buildings and major equipment of the WEF, including transmission lines.
(2)	A written request to the commanding officers of all major military installations, or their designees, and the Military Affairs Commission for technical information related to any adverse impact on the installation's operations, training, or mission, including military air navigation routes, air traffic control areas, military training routes, special‑use air space, radar, or other military operations or lives of military personnel that may be put at risk.
(3)	A written request to the board of commissioners and governing body of each municipality, within two miles of where the WEF will be located, for information related to potential adverse impacts of the WEF on local governments, local businesses, local property values, and local ecosystems.
(4)	A written request to the Department of Health and Human Services for information related to potential adverse human health impacts to citizens within two miles of the WEF.
(e)	Provision of Permit Application to Affected Entities. – Within 10 days of receipt of permit application material filed pursuant to subsection (a) of this section, the Department shall provide a copy of such material, in addition to any supplements, changes, or amendments, to the major WEF stakeholders and any other parties the Department deems relevant.
(f)	Public Hearing and Comment. – The Department shall hold a public hearing in each county in which the WEF is proposed to be located within 75 days of receipt of a completed permit application. The Department shall provide notice including the time and location of the public hearing in a newspaper of general circulation in each applicable county. The notice of public hearing shall be published for at least two consecutive weeks beginning no less than 45 days prior to the scheduled date of the hearing. The notice shall provide that any comments on the WEF should be submitted to the Department by a specified date, not less than 15 days from the date of the newspaper publication of the notice or 15 days after distribution of the mailed notice, whichever is later. No less than 30 days prior to the scheduled public hearing, the Department shall provide written notice of the hearing 

	
	 to the North Carolina Attorney General's Office and all major WEF stakeholders. The Department shall create and maintain a record of comments made at any public hearings under this subsection.
"§ 143‑215.119A.  Setback requirements.
(a)	Turbines in a WEF shall maintain a setback from the property line of any residential or residentially zoned parcels outside the perimeter of the WEF. The setback shall be the greater of one mile or 10 times the maximum height of the turbine's blade tip.
(b)	Turbines in a WEF shall maintain a minimum setback of at least two and one‑half the maximum height of the turbine's blade tip from any residential structure within the WEF.
(c)	Turbines in a WEF shall maintain a minimum setback of at least two and one‑half times the maximum height of the turbine's blade tip from the perimeter of the WEF, and the right‑of‑way of any roadway maintained by the State or a municipality.
(d)	For an offshore WEF, no turbines shall be sited within 24 miles of the nearest shore.
(e)	No turbines in a WEF shall be sited within 30 miles of a major military installation. No turbines in a WEF shall be sited within five miles of any low‑level military flight paths. If it is determined by the commanding officer of any major military installation, or the commanding officer's designee, or the Military Affairs Commission, that with these setbacks that the proposed WEF may result in an adverse impact upon the operation or readiness of a military installation or put the lives of military personnel at risk, the Department shall require a WEF setback in excess of the minimum setbacks required in this section. The increased setback distance shall be determined in a manner that minimizes the potential for encroachment upon the operational and readiness requirements of major military installations and minimizes the risk to the lives of military personnel.
"§ 143‑215.119B.  Decommissioning and reclamation; recycling requirements; financial assurance requirements.
(a)	The applicant for a permit or a permit holder for a WEF shall be responsible for proper decommissioning of any turbine following no electricity generation, for any reason, including permit revocation, for six consecutive months, unless a one‑time three month extension is granted by the Department. The property will be returned to its original condition no later than one year following the six month period or extension. Decommissioning shall include the complete removal, including any subterranean portions, of all buildings, foundations, cabling, electrical components, turbines, and any other associated facilities or structures, to the level of four feet below grade. Upon decommissioning, the applicant for a permit or a permit holder for a WEF shall be responsible for properly disposing of each piece of equipment used in the WEF.
(b)	The Department will hire qualified experts to determine a reasonable, conservative cost for decommissioning the WEF, pursuant to subsection (a), which shall be at least one hundred thousand dollars ($100,000) per turbine. This projection will not consider possible scrap values of any WEF components.
(c)	The applicant for a permit or a permit holder for a WEF shall establish financial assurance of a type set forth in subsection (e) of this section that will ensure that sufficient funds are available under this subsection, even if the applicant or permit holder becomes insolvent or ceases to reside, be incorporated, do business, or maintain assets in the State.
(d)	In order to continue to hold a permit under this Article, a permit holder must maintain financial assurance and must provide any documentation requested by the Department to establish that the permit holder continues to maintain financial assurance. A permit holder shall notify the Department of any significant change in the (i) identity of any person or structure of the business entity of the permit holder, owner, or operator of the WEF or (ii) assets of the permit holder, owner, or operator of the WEF. The permit holder shall notify the Department 30 days prior to making such a change. A change shall be considered significant if it has the potential to affect the financial assurance of the permit holder, owner, or operator, or if it would result in a change in the identity of the permit holder, owner, or operator for purposes of either financial assurance or environmental compliance review. Based on its review of the proposed changes, the Department may require the permit holder to reestablish financial assurance, modify or revoke a permit, or require issuance of a new permit.
(e)	To establish financial assurance under this section, the applicant may use insurance, financial tests, third‑party guarantees by persons who can pass the financial test, guarantees by corporate parents who can pass the financial test, irrevocable letters of credit, trusts, surety bonds, any other financial device, or any combination of the foregoing shown to provide protection equivalent to the financial protection that would be provided by insurance if insurance were the only mechanism used.
"§ 143‑215.120.  Criteria for permit approval; time frame; permit conditions; other approvals required.
(a)	Permit Approval. – The Department shall approve an application for a permit for a proposed WEF unless the Department finds any one or more of the following:
(1)	Construction or operation of the proposed WEF would be inconsistent with or violate rules adopted by the Department or any other provision of law.
(1a)	Operation of the proposed WEF would likely create unacceptable interference with civilian air navigation, including aerial spraying or firefighting activities, or any type of civilian or military radar systems.
(2)	Construction or operation of the proposed WEF would encroach upon or would otherwise have a significant adverse impact on the mission, training, or operations of any major military installation, or put the lives of military personnel in jeopardy, based upon the conclusions of Military Affairs Commission or consulted military personnel.
(3)	 Operation of the proposed WEF would either (i) create noise levels exceeding 35 decibels (dbA) Lmax for more than five consecutive minutes, as measured from the property line of any adjacent parcel, or (ii) possibly cause serious health, safety, or welfare complications to citizens in the region, based upon the level determined by the Department of Health and Human Services to adequately protect proximate residents or visitors from infrasound.
(4)	Operation of the proposed WEF would likely be a net economic liability to the host communities based upon the conclusions of the North Carolina Department of Commerce.
(5)	Construction or operation of the WEF would have a significant adverse impact on domestic animals, livestock, or wildlife.
(6)	Construction or operation of the proposed WEF would result in significant adverse impacts to ecological systems, natural resources, wilderness areas, wildlife reserves, wildlife refuges, preserves, flyways, bodies of water, groundwater, wetlands, environmental management areas, national or State parks or forests, segments of the natural and scenic rivers system, and locations that provide habitat for threatened or endangered species.
(7)	Construction or operation of the proposed WEF would result in significant adverse impacts to recreation areas, cultural locations, historic venues of more than local significance, archaeological sites, or cemeteries.
(8)	Operation of the proposed WEF would have a significant adverse impact on views or other aspects of any State or national park; wilderness area; significant natural heritage area, as compiled by the North Carolina Natural Heritage Program; or other public lands or private conservation lands designated or dedicated due to their high recreational values.
(9)	The applicant has not agreed to an adequate property value guarantee.
(10)	The applicant has not submitted an acceptable incident response plan.
(11)	The applicant has failed to establish an acceptable decommissioning plan in accordance with G.S. 143‑215.119B.
(12)	The applicant has not submitted a bona fide power purchase agreement.
(13)	A permit for a proposed WEF would be denied under any other criteria as set forth under G.S. 113A‑119A.
(14)	Construction of the proposed WEF would be prohibited under the Mountain Ridge Protection Act of 1983, Article 14 of Chapter 113A of the General Statutes. 
(15)	The applicant is not in full compliance with all applicable federal, State, or local permit requirements, licenses, or approvals, including any local zoning laws.
(b)	Permit Decision. – The Department shall make a final decision on a permit application within 90 days following receipt of a completed application. If the Department requests additional information following the receipt of a completed application, the Department shall make a final decision on a permit application within 30 days of receipt of the requested information. If the Department determines that an application for a WEF fails to meet the requirements for a permit under this section, the Department shall deny the application, and the application shall be returned to the applicant accompanied by a written statement of the reasons for the denial and any modifications to the permit application that would make the application acceptable. If the Department fails to act within the time period set forth in this subsection, the applicant should treat this as a denial of the permit and may challenge the denial as provided under Chapter 150B of the General Statutes.
(c)	Permit Conditions. – The Department shall include, as a condition of a permit for a proposed WEF, a requirement that the applicant satisfactorily resolve all adverse impacts. This permit is good for two years from approval date, and no extension will be granted. At least one turbine shall be erected and operating for this permit to stay in force. This permit is not an authority to build. A conditional use permit or special use permit process under local zoning law shall not start until 15 days after this permit has been granted.
(c1)	Permit Compliance. – If during the WEF's operation any condition of this permit is violated, then the permit holder will cease operation of all turbines that are in violation within one day of being notified by any governmental agency. The turbines shall not resume operation until the terms of the violation are fully corrected, to the satisfaction of the notifying agency. 
(d)	Other Approvals Required. – The issuance of a permit under this section shall not obviate the need for the applicant to obtain any and all other applicable local, State, or federal permits, licenses, or approvals. Furthermore, nothing in this Article shall be interpreted to limit, as applicable, (i) the application of Article 7 of Chapter 113A of the General Statutes to facilities permitted under this section, including the permitting requirements of G.S. 113A‑118, (ii) the ability of a city or county to plan for and regulate the siting of a WEF in accordance with land‑use regulations authorized under Chapter 160A and Chapter 153A of the General Statutes, or (iii) the applicable requirements of Chapter 62 of the General Statutes. If there are any conflicts between this law and local regulations, the more stringent of the two shall govern.
"§ 143‑215.120A.  Construction related damage.
(a)	The owner of any permitted WEF shall, to the extent practicable, repair or replace all real or personal property, public or private, damaged during the WEF construction. The applicant shall reimburse the Department of Transportation (DOT) for repairs and reconstruction to roads that are necessary due to the construction or decommissioning of the WEF. A qualified independent third party, agreed upon by DOT and the applicant, shall be hired to evaluate, document, and rate the road conditions prior to construction or decommissioning of the WEF, and again 30 days after the WEF is completed or removed.
(b)	Any road damage during construction found by the third party to be caused by activities of the applicant or one or more of its subcontractors shall be repaired or reconstructed to the satisfaction of DOT or the county at the applicant's expense, prior to the final inspection. In addition, the applicant shall pay for all costs related to this third party pre‑inspection work prior to receipt of the final inspection.
(c)	The surety for removal of a decommissioned WEF shall not be released until any road damage that is identified by this third party during and after decommissioning due to activities of the applicant or the applicant's contractors or subcontractors has been repaired or reconstructed to the satisfaction of the DOT or the county at the applicant's expense. In addition, the applicant shall pay for all costs related to work of this third party's inspection prior to receipt of the release of the surety per G.S. 143‑215.119B.
"

"§ 143‑215.122.  Monitoring and reporting.
The applicant shall annually submit copies to the Department of all post‑construction monitoring, such as reports on ambient noise levels, groundwater testing, ground water levels in the surficial aquifer, hydraulic head measurements in lower confined aquifers, PVG claims, the impacts on humans or wildlife within five miles of the WEF. The applicant shall annually submit copies to the Department of any post‑construction monitoring or reports that are required by the major WEF stakeholders or any other government agency. The applicant shall also annually submit copies to the Department of any post‑construction monitoring or reports on any impacts on military operations.
"§ 143‑215.123.  Annual review of military presence.
The Department shall consult with major military installation representatives and MAC to review information regarding military air navigation routes, air traffic control areas, military training routes, special‑use air space, radar, or other potentially affected military operations at least once per year. The Department shall provide information it is aware of on civil air navigation or military air navigation routes, air traffic control areas, military training routes, special‑use air space, radar, or other potentially affected military or civilian operations to permit applicants as requested.
…
"§ 143‑215.126.  Civil penalties.
(a)	The Secretary of Environmental Quality shall impose an administrative penalty on a person who constructs a WEF without obtaining a permit under this Article or who constructs or operates a WEF in violation of its permit terms and conditions. Each day of a continuing violation shall constitute a separate violation. The penalty shall be no less than one thousand dollars ($1,000) per day and shall not exceed ten thousand dollars ($10,000) per day.
(b)	The Secretary of Environmental Quality, irrespective of all other remedies at law, may institute an action for injunctive relief against a person who constructs a WEF without first obtaining a permit under this Article or who constructs or operates a WEF in violation of its permit terms and conditions.
"§ 143‑215.127.  Liability.
(a)	Any person who owns, operates, or controls a WEF shall maintain (i) commercial general liability insurance, covering personal injuries, death, and property damage of ten million dollars ($10,000,000) per occurrence, with a total of twenty million dollars ($20,000,000) coverage aggregate, which shall specifically include the affected counties and municipalities and their officers, councils, employees, committee members, attorneys, agents, and consultants as additional named insureds and (ii) umbrella coverage of fifty million dollars ($50,000,000).
(b)	The insurance policies shall be issued by an agent or representative of an insurance company licensed to do business in the State.
(c)	The insurance policies shall contain an endorsement obligating the insurance company to furnish the Department with at least 30 days' prior written notice in advance of a cancellation.
(d)	No more than 15 days after the grant of the permit and before construction is initiated, the permit holder shall deliver to the Department a copy of each of the policies or certificates representing the insurance in the required amounts.
(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.
(f)	In order to provide maximum protection for the public interest, any actions brought pursuant to this section may be brought against any one or more of the persons having control over the WEF or the activity that caused or contributed to the damages. All such persons shall be jointly and severally liable, but ultimate liability as between the parties may be determined by common‑law principles.
(g)	There shall be no liability under this section for a person otherwise liable who can establish by a preponderance of the evidence that the damage was caused by any of the following:
(1)	An act of God.
(2)	An act of war or sabotage.
(3)	An act or omission by the federal government, or the State, or its political subdivisions.
(4)	An act or omission by, or at the direction of, a law enforcement officer or fireman.
(5)	An act or omission by a third party who is not an agent, employee, contractor, or subcontractor of the person who is liable under this section.
(h)	Nothing in this section shall deprive a claimant from electing to pursue any other cause of action for damages or injunctive relief under statutory or common law.
"§ 143‑215.128.  Indemnification.
(a)	All permits issued under this Article shall contain an indemnification provision applicable to the governing bodies for the WEF. For purposes of this section, "governing bodies" shall mean the State, each county containing all or part of the WEF, and the governing bodies of all municipalities in each of those counties, and shall include their employees or agents.
(b)	The WEF permit applicant shall at all times defend, indemnify, protect, save, hold harmless, and exempt the governing bodies from penalties, damages, costs, charges, or other expenses arising out of claims, suits, demands, causes of action, or award of damages at law or in equity, whether compensatory or punitive, which might arise out of, or are caused by, the placement, construction, erection, modification, location, equipment performance, use, operation, maintenance, repair, installation, replacement, removal, or restoration of the WEF, excepting, however, any portion of such claims, suits, demands, causes of action, or award of damages as may be attributable to the negligent or intentional acts or omissions of the governing bodies.
(c)	Reasonable attorneys' fees, consultants' fees, and expert witness fees shall be included in those costs that are recoverable by the governing bodies under the indemnification required by this section."
SECTION 2. This act is effective when it becomes law and applies to all wind energy facilities filing a permit application under Article 21C of Chapter 143 of the General Statutes, as amended by this act on or after that date.