II 109th CONGRESS 1st Session S. 1090 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.

1.

Short title

This Act may be cited as the Liquefied Natural Gas Import Terminal Authorization Act.

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. .

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. .