[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1090 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                S. 1090

     To provide certain requirements for the siting, construction, 
expansion, and operation of liquefied natural gas import terminals, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 20, 2005

  Mrs. Feinstein (for herself and Ms. Snowe) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
     To provide certain requirements for the siting, construction, 
expansion, and operation of liquefied natural gas import terminals, 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 ``Liquefied Natural Gas Import 
Terminal Authorization Act''.

SEC. 2. AUTHORIZATION FOR LIQUEFIED NATURAL GAS IMPORT TERMINALS.

    Section 3 of the Natural Gas Act (15 U.S.C. 717b) is amended by 
adding at the end the following:
    ``(d) Authorization for Natural Gas Import Terminals.--
            ``(1) In general.--A person shall not site, construct, 
        expand, or operate a liquefied natural gas import terminal 
        within the boundaries of a State unless--
                    ``(A) the person submits an application to site, 
                expand, or operate a liquefied natural gas import 
                terminal to--
                            ``(i) the Commission; and
                            ``(ii) the State agency that has siting 
                        authority under State law in the State in which 
                        the liquefied natural gas import terminal is 
                        located (referred to in this subsection as the 
                        `designated State agency'); and
                    ``(B) the Commission and the designated State 
                agency issue an order approving the application.
            ``(2) Issuance of order.--The Commission and the designated 
        State agency shall issue an order approving an application, in 
        whole or part, that is submitted under paragraph (1)(A), 
        unless, after opportunity for hearing, the Commission or 
        designated State agency determines that the proposed siting, 
        construction, expansion, or operation is not consistent with 
        the public interest.
            ``(3) Terms and conditions.--
                    ``(A) In general.--An order issued under paragraph 
                (2) shall be subject to any terms and conditions that 
                the Commission or designated State agency determines 
                are appropriate.
                    ``(B) Service requirements.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), an order issued under this 
                        subsection shall not be conditioned on a 
                        requirement that the liquefied natural gas 
                        import terminal offer service to persons other 
                        than the applicant.
                            ``(ii) Exception.--Notwithstanding clause 
                        (i), the Commission or designated State agency 
                        may require the applicant to establish a backup 
                        procedure for making the liquefied natural gas 
                        import terminal available to others if the 
                        applicant is unwilling or unable to provide a 
                        steady supply to the market served by the 
                        liquefied natural gas import terminal.
                    ``(C) Conflicts.--If an applicant is unable to 
                comply with conflicting terms and conditions 
                established under subparagraph (A), the Secretary of 
                Energy, in cooperation with the Executive Office of the 
                President, shall mediate the conflict between the 
                Commission or designated State agency and the applicant 
                through a process that includes public hearings in the 
                area affected by the proposed liquefied natural gas 
                import terminal.''.

SEC. 3. PREEMPTION.

    Section 60104 of title 49, United States Code, is amended by 
striking subsection (c) and inserting the following:
    ``(c) Preemption.--
            ``(1) In general.--A State authority that has submitted a 
        current certification under section 60105(a) may adopt 
        additional or more stringent safety standards for intrastate 
        pipeline facilities, intrastate pipeline transportation, and 
        liquefied natural gas pipeline facilities only if those 
        standards are compatible with the minimum standards prescribed 
        under this chapter.
            ``(2) Safety standards.--Except in the case of liquefied 
        natural gas pipeline facilities, a State authority may not 
        adopt or continue in force safety standards for interstate 
        pipeline facilities or interstate pipeline transportation.''.
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