Changes title of Article 21C of GS Chapter 143 to Permitting and Control of Wind and Renewable Energy Facilities from Permitting of Wind Energy Facilities.

Enacts new subsection (1a) to GS 143-215.115 to define the term renewable energy facility to mean a facility, other than a wind energy facility, as defined in GS 62-133.8, and specifies that it does not include solar collectors that gather solar radiation as a substitute for traditional energy for water heating, active space heating and cooling, passive heating, or generating electricity for a detached single-family residence, or biomass resources. Amends GS 143-215.115(3), defining wind energy expansion, to change the term to mean any activity that adds or modifies (was, substantially modifies) turbines or transmission facilities, including increasing the height of such equipment over that which was initially permitted, or increases the footprint of the wind energy facility over that which was initially permitted.

Changes the title of GS 143-215.116 to Permit to site wind or renewable energy facilities (was, Permit to site wind energy facilities). Amends the statute to require existing permitting provisions to also apply to renewable energy facilities.

Enacts GS 143-215.117A to require a preapplication site evaluation meeting to be held between the applicant and the Department of Environmental Quality (Department) no less than 180 days prior to filing an application for a permit to construct, operate, or expand a renewable energy facility. Requires the preapplication site evaluation meeting to be held no less than 120 days prior to filing an application for a permit, and it may be used by the participants to (1) conduct a preliminary evaluation of the site(s) for the proposed renewable energy facility or renewable energy facility expansion to determine if the site(s) pose serious risk to 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 or pose serious risk to natural resources and uses, including to species of concern or their habitats; (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; and (3) identify areas where proposed construction or expansion activities pose minimal risk to natural resources and uses, including avian, bat, and endangered and threatened species.

Requires that no less than 45 days prior to the date of the permit preapplication site evaluation meeting, the applicant for a renewable energy facility or renewable energy facility expansion to submit a preapplication package to the Department that must include information as specified in GS 143-215.115(b)(1) through (b)(5). Establishes that, to the extent that any documents contain trade secrets or confidential business information, those portions of the documents are not subject to disclosure under the North Carolina Public Records Act.

Requires the Department to provide written notice, no less than 21 days prior to the date of the permit preapplication site evaluation meeting, of the meeting to the United States Army Corps of Engineers, the United States Fish and Wildlife Service, the North Carolina Wildlife Resources Commission, the commanding military officer or the commanding military officer's designee of any potentially affected major military installation, and any other party that the Department deems relevant. Requires the notice to include an invitation to participate in the permit preapplication site evaluation meeting.

Amends GS 143-215.118, concerning permit applications scoping meeting and notice requirements, to make the existing provisions also applicable to renewable energy facilities and proposed renewable energy facility expansions.

Amends GS 143-215.119 to require proposed renewable energy facilities and renewable energy facility expansions to follow the 14 existing permit application requirements for proposed wind energy facilities and wind energy facility expansions. Amends the second permit application requirement to include a map showing the location of the proposed facility or proposed facility expansion that identifies the specific location of each turbine or other renewable energy equipment. Amends the sixth requirement to include documentation that addresses any potential adverse impact on military operations and readiness as identified by the Department of Defense Clearinghouse pursuant to Part 211 of Title 32 Code of Federal Regulations (July 1, 2012) edition, or the most updated regulation at the time of application (currently does not provide for option of most updated regulation at the time of application), and any mitigation actions agreed to by the applicant. Amends the eighth, ninth, and tenth requirements to provide that the studies to be included are to be conducted by an independent entity, selected from a list of Department-approved providers and are to be paid for by the applicant.

Makes conforming changes to subsections (a), (c), (d), and (f) of GS 143-215.119 to make the permit requirement provisions applicable to both proposed wind and renewable energy facilities or expansions. Makes technical changes to GS 143-215.119.

Amends GS 143-215.120, concerning approval of permit applications by the Department for proposed wind energy facilities and proposed wind energy facility expansions, to also apply the provisions to proposed renewable energy facilities and renewable energy facility expansions. Enacts new subsections (a)(10) and (a)(11) to require the Department to not approve an application for a permit if the Department finds operation of the proposed facility would create an ambient noise measurement exceeding 35 decibels, as measured from the property line of any adjacent parcel, or the applicant has failed to establish adequate financial assurance for decommissioning in accordance with GS 143-215.128, as enacted.

Amends GS 143-215.120(b) to provide that the Department is required to make a final decision on a permit application within 90 days following receipt of a completed application, except that, for wind energy facility applications, the Department is not required to make a final decision until the Department has received a written "Determination of No Hazard to Air Navigation" issued by the Federal Aviation Administration pursuant to Subpart D of Part 77 of Title 14 of the Code of Federal Regulations (January 1, 2012 edition), or the most updated regulation at the time of application (currently, does not provide for option of the most updated regulation at the time of application).

Amends GS 143-215.120(c) to establish that the Department must include (was, may include) as a condition of a permit for a proposed wind or renewable energy facility or proposed wind or renewable energy facility expansion a requirement that the permit holder mitigate any adverse impacts. Requires the Department to include as a condition of a permit for a proposed wind energy facility or proposed wind energy facility expansion a requirement that the permit holder obtain a written "Determination of No Hazard to Air Navigation" issued by the Federal Aviation Administration pursuant to Subpart D of Part 77 of Title 14 of the Code of Federal Regulations (January 1, 2012 edition), or the most updated regulation at the time of application), for the facility (currently, does not provide for option of the most updated regulation at the time of application). Establishes that if a specific location of a turbine authorized to be constructed pursuant to a "Determination of No Hazard to Air Navigation" or the configuration of the wind energy facility varies from the information submitted by the applicant upon which the Department has made its permit decision, the Department must reevaluate (was, may reevaluate) the permit application and require the applicant to submit any additional information the Department deems necessary to approve or deny a permit for the facility as reconfigured.

Makes conforming changes throughout the statute to make the permit approval provisions applicable to both proposed wind and renewable energy facilities or expansions. Makes technical changes to GS 143-215.120.

Makes conforming changes to GS 143-215.121 to make financial assurance requirements applicable for both proposed wind and renewable energy facilities or expansions.

Amends GS 143-215.122 to require the permit applicant to annually submit copies to the Department of any post-construction monitoring, such as reports on ambient noise levels (currently, not included), groundwater testing (currently, not included), the impacts on wildlife in the location of and in the area proximate to the wind or renewable energy facility or wind or renewable energy facility expansion, and any impacts on military operations that are required by the United States Fish and Wildlife Service, the North Carolina Wildlife Resources Commission, the North Carolina Utilities Commission, or any other government agency. Makes technical changes.

Amends GS 143-215.126 to establish that the Secretary of Environmental Quality must impose (was, may impose) an administrative penalty, not to exceed $10,000 per day, on a person who constructs a wind or renewable energy facility or wind or renewable energy facility expansion without obtaining a permit or who constructs or operates a wind or renewable energy facility in violation of its permit terms and conditions. Amends subsection (b) to allow the Secretary to institute an injunction against a person who constructs or operates a renewable energy facility or expansion without a permit or in violation of its permit terms.

Enacts GS 143-215.127 to establish setback and landscape buffer requirements, as specified, for wind or renewable energy facilities. Also includes landscape buffer requirements for solar farms, and defines solar farm.

Enacts GS 143-215.128 to require the applicant for a permit or a permit holder for a wind or renewable energy facility be responsible for proper decommissioning of the facility and all equipment upon cessation of activities and reclamation of the property to its condition prior to commencement of activities on the site, no later than one year following completion of the operations. Provides that decommissioning includes the complete removal, including any subterranean portions, of all buildings, foundations, cabling, electrical components, turbines, and any other associated facilities or structures. Establishes that upon decommissioning, the applicant for a permit or a permit holder for a wind or renewable energy facility is responsible for properly recycling each piece of equipment used in the facility. Also requires the applicant for a permit or a permit holder to establish financial assurance that will ensure sufficient finds are available for decommissioning of the facility and reclamation of the property to its condition prior to commencement of the activities on the site, even if the applicant or permit holder becomes insolvent or ceases to reside, be incorporated, do business, or maintain assets in the State. Sets out that in order to establish sufficient availability of funds under the statute, the applicant for a permit or a permit holder must provide to the Department a bond, secured with sufficient surety as approved by the Department, in an amount no less than 15% of the assessed value of the real property and installed wind or renewable energy property located thereon.

Establishes that to hold a permit the holder must maintain financial responsibility, provide information as the Department requests, and notify the Department of any significant change, as defined and within 30 days of the significant change, in the identity of any person or structure of the business entity that holds the permit for the facility, identity of any person or structure of the business entity that owns or operates the facility, or assets of the permit holder, owner, or operator of the facility. Authorizes the Department, after a review of the changes, to require the permit holder to reestablish financial responsibility and modify or revoke a permit or require issuance of a new permit.

Enacts GS 143-215.129 to establish that any person who owns, operates, or controls a wind or renewable energy facility is 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 facility.

Allows any action brought under the statute to be brought against any one or more of the persons having control over the wind or renewable energy facility or the activity that caused or contributed to the damages, and that all of those persons are jointly and severally liable, but ultimate liability as between the parties may be determined by common-law principles.

Bars liability for a person otherwise liable who can establish by a preponderance of the evidence that the damage was caused by an act of God; an act of war or sabotage; an act or omission by the United States government or the State or its political subdivisions; an act or omission by or at the direction of a law enforcement officer or fireman; or an act or omission by a third party who is not an agent, employee, contractor, or subcontractor of the person who is liable under the statute. Provides that nothing in the statute deprives a claimant from electing to pursue any other cause of action for damages or injunctive relief under statutory or common law.

Effective December 1, 2016, and applies to applications for permits submitted on or after that date.

Appropriates $50,000 from the General Fund to the Department for the 2016-17 fiscal year for implementation of the permitting requirements for renewable energy facilities. Effective July 1, 2017.