15 USC 717b-1 - State and local safety considerations

U.S Code last checked for updates: Nov 22, 2024

§ 717b–1.

State and local safety considerations

(a)

Promulgation of regulations

(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

(d)

Inspections

(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.

(June 21, 1938, ch. 556, § 3A, as added Pub. L. 109–58, title III, § 311(d), Aug. 8, 2005, 119 Stat. 687.)

cite as: 15 USC 717b-1