§717b–1 State and Local Safety Considerations

Summary

The Commission must write rules within 60 days after August 8, 2005 that set up a NEPA pre-filing process. An applicant must follow that pre-filing process before filing for permission to build an LNG terminal. The pre-filing must start at least 6 months before the application. Applicants are encouraged to work with State and local officials. The Governor must name a State agency to talk with the Commission about safety. The Commission must consult that agency before issuing an order. Safety issues to be considered cover six areas: the type and use of the facility; current and future population and demographics; nearby land use; natural and physical site features; local emergency response abilities; and the need to encourage siting farther away from people. The State agency may send an advisory report within 30 days after the application is filed. For applications filed after August 8, 2005 the Commission must review and respond to the State agency’s issues before acting. For applications already pending on August 8, 2005, the State agency has 30 days after that date to file a report. After a terminal starts operating, the State commission may inspect it under Federal rules if it gives written notice to the Commission and may report alleged safety problems. The Commission must pass such reports to the right Federal agency, which will act and tell the State commission. The Commission must also require each LNG operator to prepare an Emergency Response Plan with the U.S. Coast Guard and State and local agencies, and get the plan approved before final approval to begin construction. The plan must include a cost-sharing plan that describes any direct reimbursements the applicant will give to State and local agencies for security and safety at the terminal and near vessels that serve it.