,i #aafth ,,congress #b;d ,session ,h4 ,r4 #hcfe ,,in ,,the ,,house ,,of ,,representatives ,september #bc1 #bjbj,mr4 ,thornberry introduced the following bill2 which was referred to the ,committee on ,transportation and ,infrastructure1 and in addition to the ,committee on ,science1 ,space1 and ,technology1 for a period to be subsequently determined by the ,speaker1 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 forecasting1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,accurate ,weather for ,public ,safety ,act4 #b4 ,structures interfering with air commerce or national security ,section #ddgah7;a7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#b7 by striking 2 or and inserting a semicolon2 7#b7 by redesignating paragraph 7#c7 as paragraph 7#d72 and 7#c7 by inserting after paragraph 7#b7 the following3 7#c7 the ability of any ,federal agency engaged in meteorological or atmospheric observations to accurately forecast weather2 or 4 #c4 ,study on effects of new construction of obstructions on accurate weather observations and forecasting 7a7 ,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 ,states1 while minimizing or mitigating any adverse impacts on accurate weather forecasting and ensuring public safety4 7b7 ,designation of senior official and lead organization 7#a7 ,designation ,not later than #cj days after the date of the enactment of this ,act1 the ,secretary of ,commerce shall designate a senior official of the ,national ,weather ,service1 and a lead organization of the ,national ,weather ,service1 to-- 7,a7 serve as the executive agent to carry out the review required by subsection 7d72 7,b7 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 #ddgah of title #di1 ,united ,states ,code1 and received by the ,department of ,commerce from the ,secretary of ,transportation2 and 7,c7 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 section4 7#b7 ,resources ,the ,secretary shall ensure that the senior official and lead organization designated under paragraph 7#a7 are assigned such personnel and resources as the ,secretary considers appropriate to carry out this section4 7c7 ,initial actions ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,commerce1 acting through the senior official and lead organization designated pursuant to subsection 7b71 shall-- 7#a7 conduct a preliminary review of each application for a project filed with the ,secretary of ,transportation pursuant to section #ddgah of title #di1 ,united ,states ,code1 that may have an adverse impact on accurate weather observations or forecasting and public safety1 unless such project has been granted a determination of no hazard1 which shall1 at a minimum include for each such project-- 7,a7 assess the likely scope of any adverse impact of such project on accurate weather observations or forecasting and public safety2 and 7,b7 identify any corrective action plan and feasible mitigation actions that could be taken in the immediate future by the ,national ,weather ,service1 the developer of such project1 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 safety1 while allowing such project to proceed with development2 7#b7 develop1 in coordination with other departments and agencies of the ,federal ,government1 an integrated review process to ensure timely notification and consideration of projects filed with the ,secretary of ,transportation pursuant to section #ddgah of title #di1 ,united ,states ,code1 that may have an adverse impact on accurate weather observations or forecasting and public safety2 7#c7 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 project1 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 7a72 and 7#d7 develop procedures for conducting early outreach to parties carrying out projects filed with the ,secretary of ,transportation pursuant to section #ddgah of title #di1 ,united ,states ,code1 that could have an adverse impact on accurate weather observations and forecasting and public safety1 and to the general public1 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 actions4 7d7 ,comprehensive review 7#a7 ,strategy required ,not later than #bgj days after the date of the enactment of this ,act1 the ,secretary of ,commerce1 acting through the senior official and lead organization designated pursuant to subsection 7b71 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 #ddgah of title #di1 ,united ,states ,code4 7#b7 ,elements ,in developing the strategy required by paragraph 7#a71 the ,secretary of ,commerce shall-- 7,a7 assess of the magnitude of interference posed by projects filed with the ,secretary of ,transportation pursuant to section #ddgah of title #di1 ,united ,states ,code2 7,b7 identify geographic areas selected as proposed locations for projects filed1 or which may be filed in the future1 with the ,secretary of ,transportation pursuant to section #ddgah of title #di1 ,united ,states ,code1 where such projects could have an adverse impact on accurate weather forecasting and public safety1 and categorize the risk of adverse impact in such areas as high1 medium1 or low for the purpose of informing early outreach efforts under subsection 7c77#d7 and preliminary assessments under subsection 7e72 and 7,c7 specifically identify a corrective action plan and feasible mitigation longterm actions that may be taken to mitigate adverse impacts of projects filed1 or which may be filed in the future1 with the ,secretary of ,transportation pursuant to section #ddgah of title #di1 ,united ,states ,code1 on accurate weather observations and forecasting and public safety4 7e7 ,national weather service hazard assessment 7#a7 ,preliminary assessment ,the procedures established pursuant to subsection 7c7 shall ensure that not later than #fj days after receiving a proper application for a project filed with the ,secretary of ,transportation pursuant to section #ddgah of title #di1 ,united ,states ,code1 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 risk4 7#b7 ,determination of unacceptable risk ,the procedures established pursuant to subsection 7c7 shall ensure that the ,secretary of ,commerce does not object to a project filed with the ,secretary of ,transportation pursuant to section #ddgah of title #di1 ,united ,states ,code1 except in a case in which the ,secretary of ,commerce determines1 after giving full consideration to mitigation actions identified pursuant to this section1 that such project would result in an unacceptable risk to the ability of meteorological agencies to accurately observe and forecast weather and ensure public safety4 7#c7 ,congressional notice requirement ,not later than #cj days after making a determination of unacceptable risk under paragraph 7#b71 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 ,commerce1 ,science1 and ,transportation of the ,senate a report on such determination and the basis for such determination4 ,such a report shall include an explanation of the operational impact that led to the determination1 a discussion of the mitigation options considered1 and an explanation of why the mitigation options were not feasible or did not resolve the conflict4 7f7 ,reports 7#a7 ,report to ,congress ,not later than ,march #ae each year following the year of the date of enactment of this ,act through #bjbe1 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 ,commerce1 ,science1 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 section4 7#b7 ,contents of report ,each report submitted under paragraph 7#a7 shall include-- 7,a7 the results of a review carried out by the ,national ,weather ,service of any projects filed with the ,secretary of ,transportation pursuant to section #ddgah of title #di1 ,united ,states ,code-- 7i7 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 safety2 and 7ii7 for which the ,secretary of ,commerce has recommended to the ,secretary of ,transportation that a hazard determination be issued2 7,b7 an assessment of the risk to accurate weather observations and forecasting and ensure public safety1 and a quantification of such risk2 and 7,c7 mitigation options1 which the ,national ,oceanic and ,atmospheric ,administration and the ,national ,weather ,service have researched and analyzed1 and the results of such research and analysis4 7g7 ,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 #ddgah of title #di1 ,united ,states ,code4 ,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 safety4 7h7 ,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 #ddgah of title #di1 ,united ,states ,code4 7i7 ,savings provision ,nothing in this section shall be construed to affect or limit the application of1 or any obligation to comply with1 any environmental law1 including the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7j7 ,definitions ,in this section3 7#a7 ,accurate weather forecasting ,the term accurate weather forecasting means the ability of any person1 piece of equipment1 computer1 building1 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 asset4 7#b7 ,public safety ,the term public safety means the prevention and protection of the general public from dangers affecting safety1 such as disasters that are both man-made and those that are naturally occurring4