[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8365 Introduced in House (IH)]

<DOC>






116th CONGRESS
  2d Session
                                H. R. 8365

 To study the effects of new construction of obstructions on accurate 
              weather forecasting, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 23, 2020

Mr. Thornberry introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure, and in addition to the 
    Committee on Science, Space, and Technology, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
 To study the effects of new construction of obstructions on accurate 
              weather forecasting, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Accurate Weather for Public Safety 
Act''.

SEC. 2. STRUCTURES INTERFERING WITH AIR COMMERCE OR NATIONAL SECURITY.

    Section 44718(a) of title 49, United States Code, is amended--
            (1) in paragraph (2) by striking ``; or'' and inserting a 
        semicolon;
            (2) by redesignating paragraph (3) as paragraph (4); and
            (3) by inserting after paragraph (2) the following:
            ``(3) the ability of any Federal agency engaged in 
        meteorological or atmospheric observations to accurately 
        forecast weather; or''.

SEC. 3. STUDY ON EFFECTS OF NEW CONSTRUCTION OF OBSTRUCTIONS ON 
              ACCURATE WEATHER OBSERVATIONS AND FORECASTING.

    (a) Objective.--It shall be an objective of the Department of 
Commerce to ensure that the robust development of renewable energy 
sources and the increased resiliency of the commercial electrical grid 
may move forward in the United States, while minimizing or mitigating 
any adverse impacts on accurate weather forecasting and ensuring public 
safety.
    (b) Designation of Senior Official and Lead Organization.--
            (1) Designation.--Not later than 30 days after the date of 
        the enactment of this Act, the Secretary of Commerce shall 
        designate a senior official of the National Weather Service, 
        and a lead organization of the National Weather Service, to--
                    (A) serve as the executive agent to carry out the 
                review required by subsection (d);
                    (B) serve as a clearinghouse to coordinate 
                Department of Commerce review of applications for 
                projects filed with the Secretary of Transportation on 
                and after the date of enactment of this Act and 
                pursuant to section 44718 of title 49, United States 
                Code, and received by the Department of Commerce from 
                the Secretary of Transportation; and
                    (C) accelerate the development of planning tools 
                necessary to determine the acceptability to the 
                National Weather Service of proposals included in an 
                application for a project submitted pursuant to such 
                section.
            (2) Resources.--The Secretary shall ensure that the senior 
        official and lead organization designated under paragraph (1) 
        are assigned such personnel and resources as the Secretary 
        considers appropriate to carry out this section.
    (c) Initial Actions.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Commerce, acting through the 
senior official and lead organization designated pursuant to subsection 
(b), shall--
            (1) conduct a preliminary review of each application for a 
        project filed with the Secretary of Transportation pursuant to 
        section 44718 of title 49, United States Code, that may have an 
        adverse impact on accurate weather observations or forecasting 
        and public safety, unless such project has been granted a 
        determination of no hazard, which shall, at a minimum include 
        for each such project--
                    (A) assess the likely scope of any adverse impact 
                of such project on accurate weather observations or 
                forecasting and public safety; and
                    (B) identify any corrective action plan and 
                feasible mitigation actions that could be taken in the 
                immediate future by the National Weather Service, the 
                developer of such project, or others to mitigate such 
                adverse impact and to minimize risks to the ability of 
                any Federal agency engaged in meteorological or 
                atmospheric observations to accurately forecast weather 
                and to ensure public safety, while allowing such 
                project to proceed with development;
            (2) develop, in coordination with other departments and 
        agencies of the Federal Government, an integrated review 
        process to ensure timely notification and consideration of 
        projects filed with the Secretary of Transportation pursuant to 
        section 44718 of title 49, United States Code, that may have an 
        adverse impact on accurate weather observations or forecasting 
        and public safety;
            (3) establish procedures for the National Weather Service 
        for the coordinated consideration of and response to a request 
        for a review received from State and local officials or the 
        developer of a renewable energy development or other energy 
        project, including guidance to personnel at each local National 
        Weather Services facility in the United States on how to 
        initiate such procedures and ensure a coordinated agency 
        response while seeking to fulfil the objective under subsection 
        (a); and
            (4) develop procedures for conducting early outreach to 
        parties carrying out projects filed with the Secretary of 
        Transportation pursuant to section 44718 of title 49, United 
        States Code, that could have an adverse impact on accurate 
        weather observations and forecasting and public safety, and to 
        the general public, to clearly communicate notice on actions 
        being taken by the National Weather Service under this section 
        and to receive comments from such parties and the general 
        public on such actions.
    (d) Comprehensive Review.--
            (1) Strategy required.--Not later than 270 days after the 
        date of the enactment of this Act, the Secretary of Commerce, 
        acting through the senior official and lead organization 
        designated pursuant to subsection (b), shall develop a 
        comprehensive strategy for addressing the weather forecasting 
        and public safety impacts of projects filed with the Secretary 
        of Transportation pursuant to section 44718 of title 49, United 
        States Code.
            (2) Elements.--In developing the strategy required by 
        paragraph (1), the Secretary of Commerce shall--
                    (A) assess of the magnitude of interference posed 
                by projects filed with the Secretary of Transportation 
                pursuant to section 44718 of title 49, United States 
                Code;
                    (B) identify geographic areas selected as proposed 
                locations for projects filed, or which may be filed in 
                the future, with the Secretary of Transportation 
                pursuant to section 44718 of title 49, United States 
                Code, where such projects could have an adverse impact 
                on accurate weather forecasting and public safety, and 
                categorize the risk of adverse impact in such areas as 
                high, medium, or low for the purpose of informing early 
                outreach efforts under subsection (c)(4) and 
                preliminary assessments under subsection (e); and
                    (C) specifically identify a corrective action plan 
                and feasible mitigation longterm actions that may be 
                taken to mitigate adverse impacts of projects filed, or 
                which may be filed in the future, with the Secretary of 
                Transportation pursuant to section 44718 of title 49, 
                United States Code, on accurate weather observations 
                and forecasting and public safety.
    (e) National Weather Service Hazard Assessment.--
            (1) Preliminary assessment.--The procedures established 
        pursuant to subsection (c) shall ensure that not later than 60 
        days after receiving a proper application for a project filed 
        with the Secretary of Transportation pursuant to section 44718 
        of title 49, United States Code, the Secretary of Commerce 
        shall review the project and provide a preliminary assessment 
        of the level of risk of adverse impact on accurate weather 
        observations or forecasting and public safety that would arise 
        from the project and the extent of mitigation that may be 
        needed to address such risk.
            (2) Determination of unacceptable risk.--The procedures 
        established pursuant to subsection (c) shall ensure that the 
        Secretary of Commerce does not object to a project filed with 
        the Secretary of Transportation pursuant to section 44718 of 
        title 49, United States Code, except in a case in which the 
        Secretary of Commerce determines, after giving full 
        consideration to mitigation actions identified pursuant to this 
        section, that such project would result in an unacceptable risk 
        to the ability of meteorological agencies to accurately observe 
        and forecast weather and ensure public safety.
            (3) Congressional notice requirement.--Not later than 30 
        days after making a determination of unacceptable risk under 
        paragraph (2), the Secretary of Commerce shall submit to the 
        Committee on Energy and Commerce of the House of 
        Representatives and the Committee on Energy and Natural 
        Resources and the Committee on Commerce, Science, and 
        Transportation of the Senate a report on such determination and 
        the basis for such determination. Such a report shall include 
        an explanation of the operational impact that led to the 
        determination, a discussion of the mitigation options 
        considered, and an explanation of why the mitigation options 
        were not feasible or did not resolve the conflict.
    (f) Reports.--
            (1) Report to congress.--Not later than March 15 each year 
        following the year of the date of enactment of this Act through 
        2025, the Secretary of Commerce shall submit to the Committee 
        on Energy and Commerce of the House of Representatives and the 
        Committee on Energy and Natural Resources and the Committee on 
        Commerce, Science, and Transportation of the Senate a report on 
        the actions taken by the Department of Commerce during the 
        preceding year to implement this section and the comprehensive 
        strategy developed pursuant to this section.
            (2) Contents of report.--Each report submitted under 
        paragraph (1) shall include--
                    (A) the results of a review carried out by the 
                National Weather Service of any projects filed with the 
                Secretary of Transportation pursuant to section 44718 
                of title 49, United States Code--
                            (i) that the Secretary of Commerce has 
                        determined would result in an unacceptable risk 
                        to the ability of any Federal agency engaged in 
                        meteorological or atmospheric observations to 
                        accurately observe and forecast weather and 
                        ensure public safety; and
                            (ii) for which the Secretary of Commerce 
                        has recommended to the Secretary of 
                        Transportation that a hazard determination be 
                        issued;
                    (B) an assessment of the risk to accurate weather 
                observations and forecasting and ensure public safety, 
                and a quantification of such risk; and
                    (C) mitigation options, which the National Oceanic 
                and Atmospheric Administration and the National Weather 
                Service have researched and analyzed, and the results 
                of such research and analysis.
    (g) Authority To Accept Contributions of Funds.--The Secretary of 
Commerce is authorized to accept a voluntary contribution of funds from 
an applicant for a project filed with the Secretary of Transportation 
pursuant to section 44718 of title 49, United States Code. Amounts so 
accepted shall be available for the purpose of offsetting the cost of 
measures undertaken by the Secretary of Commerce to mitigate adverse 
impacts of such project on accurate weather observations and 
forecasting and public safety.
    (h) Effect of Department of Commerce Hazard Assessment.--An action 
taken pursuant to this section shall not be considered to be a 
substitute for any assessment or determination required of the 
Secretary of Transportation under section 44718 of title 49, United 
States Code.
    (i) Savings Provision.--Nothing in this section shall be construed 
to affect or limit the application of, or any obligation to comply 
with, any environmental law, including the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
    (j) Definitions.--In this section:
            (1) Accurate weather forecasting.--The term ``accurate 
        weather forecasting'' means the ability of any person, piece of 
        equipment, computer, building, or other asset of the National 
        Weather Service that when utilized correctly and unimpeded is 
        able to provide timely and accurate predictions of weather 
        within the established range of that National Weather Service 
        asset.
            (2) Public safety.--The term ``public safety'' means the 
        prevention and protection of the general public from dangers 
        affecting safety, such as disasters that are both man-made and 
        those that are naturally occurring.
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