Accurate Weather for Public Safety Act
This bill requires a strategy and studies to address obstructions to accurate weather observations forecasting.
The bill expands notice requirements relating to structures that interfere with air commerce or national security to require public notice of the construction or expansion of a structure or sanitary landfill when such notice will promote the ability of any federal agency engaged in meteorological or atmospheric observations to accurately forecast weather.
The Department of Commerce must designate a senior official of the National Weather Service (NWS) and a lead organization of the NWS to serve as (1) the executive agent to carry out the strategy for addressing the weather forecasting and public safety impacts of certain Department of Transportation (DOT) projects, and (2) a clearinghouse to coordinate Commerce review of applications for such projects.
Commerce must develop a comprehensive strategy for addressing the weather forecasting and public safety impacts of such DOT projects.
[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.
<all>
Introduced in House
Introduced in House
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.
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.
Referred to the Subcommittee on Aviation.
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