15 U.S.C. § 717b-1 : US Code - Section 717B-1: State and local safety considerations

Search 15 U.S.C. § 717b-1 : US Code - Section 717B-1: State and local safety considerations

(a) Promulgation of regulations
The Commission shall promulgate regulations on the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) pre-
filing process within 60 days after August 8, 2005. An applicant
shall comply with pre-filing process required under the National
Environmental Policy Act of 1969 prior to filing an application
with the Commission. The regulations shall require that the pre-
filing process commence at least 6 months prior to the filing of
an application for authorization to construct an LNG terminal and
encourage applicants to cooperate with State and local officials.
(b) State consultation
The Governor of a State in which an LNG terminal is proposed to
be located shall designate the appropriate State agency for the
purposes of consulting with the Commission regarding an application
under section 717b of this title. The Commission shall consult with
such State agency regarding State and local safety considerations
prior to issuing an order pursuant to section 717b of this title.
For the purposes of this section, State and local safety
considerations include -
(1) the kind and use of the facility;
(2) the existing and projected population and demographic
characteristics of the location;
(3) the existing and proposed land use near the location;
(4) the natural and physical aspects of the location;
(5) the emergency response capabilities near the facility
location; and
(6) the need to encourage remote siting.
(c) Advisory report
The State agency may furnish an advisory report on State and
local safety considerations to the Commission with respect to an
application no later than 30 days after the application was filed
with the Commission. Before issuing an order authorizing an
applicant to site, construct, expand, or operate an LNG terminal,
the Commission shall review and respond specifically to the issues
raised by the State agency described in subsection (b) of this
section in the advisory report. This subsection shall apply to any
application filed after August 8, 2005. A State agency has 30 days
after August 8, 2005 to file an advisory report related to any
applications pending at the Commission as of August 8, 2005.
(d) Inspections
The State commission of the State in which an LNG terminal is
located may, after the terminal is operational, conduct safety
inspections in conformance with Federal regulations and guidelines
with respect to the LNG terminal upon written notice to the
Commission. The State commission may notify the Commission of any
alleged safety violations. The Commission shall transmit
information regarding such allegations to the appropriate Federal
agency, which shall take appropriate action and notify the State
commission.
(e) Emergency Response Plan
(1) In any order authorizing an LNG terminal the Commission shall
require the LNG terminal operator to develop an Emergency Response
Plan. The Emergency Response Plan shall be prepared in consultation
with the United States Coast Guard and State and local agencies and
be approved by the Commission prior to any final approval to begin
construction. The Plan shall include a cost-sharing plan.
(2) A cost-sharing plan developed under paragraph (1) shall
include a description of any direct cost reimbursements that the
applicant agrees to provide to any State and local agencies with
responsibility for security and safety -
(A) at the LNG terminal; and
(B) in proximity to vessels that serve the facility.