October 23, 2017

October 23, 2017

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October 20, 2017

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North Carolina Governor Signs H.B. 589

North Carolina Governor Roy Cooper has signed H.B. 589 into law. H.B. 589, otherwise known as the Competitive Energy Solutions Plan, adds the following features to the already robust North Carolina solar industry: competitive bidding process for solar developers, a statewide rooftop solar leasing program, and the Green Source Rider Program, which allows large utility customers to offset their electricity usage with renewable energy.

H.B. 598, however, does not provide such benefits to the North Carolina wind industry, but instead places a moratorium on wind development through the temporary prohibition of wind permit issuance. Citing concerns at military bases, the bill prohibits the Department of Environmental Quality (DEQ) and Costal Resources commission to issue a permit for a new wind project or wind project expansion until December 31, 2018. Specifically, the moratorium is meant to allow the General Assembly to consider the impact of wind energy facilities and energy infrastructure on military operations, training, and readiness.

Governor Cooper, opposed to the last-minute moratorium included in the bill, signed an Executive Order in an effort to mitigate the impact of the moratorium on the North Carolina wind industry. The Governor’s Executive Order directs the DEQ to continue recruiting investments, processing wind project applications, reviewing wind permits, and conducting all other behind-the-scenes or preliminary approval steps short of permit issuance—an attempt to ensure various wind permits can be issued as soon as the moratorium is lifted.

Read the full H.B. 589 here.

© 2017 Foley & Lardner LLP

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Legal, Business, Jeffery Atkin, Foley Lardner, Environmental Attorney
Partner

Jeffery R. Atkin is a partner and business lawyer with Foley & Lardner LLP. His areas of practice cover a broad range of business and financial matters, including renewable energy, project finance, private placements, mergers and acquisitions, joint ventures, real estate development and equipment procurement and leasing. Mr. Atkin is chair of the Solar Energy Team, co-chair of the Energy Industry Team, and a member of the Latin America Practice.

Mr. Atkin’s experience in renewable energy and project finance includes representing developers,...

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Felipe Saltz is an associate and business lawyer with Foley & Lardner LLP. He is a member of the firm’s Finance & Financial Institutions and the Transactional & Securities Practice.

Mr. Saltz gained experience as a legal intern with the Special Olympics in Washington, D.C., the Golden State Warriors in Oakland, California, and as a summer associate with Foley. He has drafted certificates, disclaimers, employment agreements, grant agreements, resolutions, promissory notes, release forms, sponsorship agreements, employment agreements, grant agreements, and trademark letters.

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