S.Amdt. 952Senate109th Congress (2005-2007)

S.Amdt. 952

What it does: Inserts new text on page 311, line 24
Submitted June 22, 2005

What it changes

1 change to H.R. 6

Inserts text
  1. Inserts new text on page 311, line 24

    Inserted: (3)(A) The Governor of a State in which a facility for the import of natural gas from a foreign country (referred to in this paragraph as a 'LNG facility') is proposed to be located shall designate a lead State agency.

    Inserted: (B) The Commission shall grant the request of a lead State agency that requests cooperating agency status in accordance with regulations promulgated pursuant to the National Environmental Policy Act (42 U.S.C. 4321 et seq.) with respect to a proposed LNG facility.

    Inserted: (C) The Commission shall promulgate regulations under the National Environmental Policy Act pre-filing process within 60 days of enactment of this section.

    Inserted: (D) An applicant seeking Commission approval for an LNG facility shall follow the National Environmental Policy Act pre-filing process to commence at least 7 months prior to the filing of an application for authorization to construct an LNG facility. During this pre-filing process the applicant shall--

    Inserted: (i) list all the relevant Federal and State agencies with corresponding permitting requirements;

    Inserted: (ii) include documents establishing that the applicant has notified the relevant Federal and State agencies of the applicant's intent to file an application with the Commission;

    Inserted: (iii) identify interested persons and organizations that have been contacted about the project; and

    Inserted: (iv) detail stakeholder outreach efforts to date and provide a public participation plan to facilitate stakeholder communications and outreach efforts.

    Inserted: (E) Upon completion of the pre-filing process under the National Environmental Policy Act, the applicant may file its application with the Commission.

    Inserted: (F) A lead State agency may furnish an advisory report to the Commission with respect to an application no later than 30 days after the application was filed with the Commission. An advisory report may address siting issues, access to infrastructure, alternative potential locations, safety and security concerns, and access to emergency responders.

    Inserted: (G) Before issuing an order authorizing an applicant to site, construct, expand or operate a liquefied natural gas import facility, the Commission shall review and respond specifically to the issues raised by the lead State agency in the advisory report.

    Inserted: (H) This paragraph shall apply to any application filed after the date of enactment of this paragraph. A lead State agency has 30 days after the date of enactment of this paragraph to file an advisory report related to any applications pending at the Commission as of the date of enactment of this paragraph.

    Show 4 more inserted paragraphs

    Inserted: (4)(A) Before issuing an order authorizing an applicant to site, construct, expand, or operate a liquefied natural gas import facility, the Commission shall require the applicant, in cooperation with the Commandant of the Coast Guard and State and local agencies that provide for the safety and security of the liquefied natural gas import facility and any vessels that serve the facility, to develop a cost-sharing plan.

    Inserted: (B) A cost-sharing plan developed under subparagraph (A) 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--

    Inserted: (i) at the liquefied natural gas import facility; and

    Inserted: (ii) in proximity to vessels that serve the facility.

    Original wording

    On page 311, after line 24, add the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 952. Mr. SHELBY submitted an amendment intended to be proposed by him to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; which was ordered to lie on the table; as follows:

On page 311, after line 24, add the following:

“(3)(A) The Governor of a State in which a facility for the import of natural gas from a foreign country (referred to in this paragraph as a ‘LNG facility') is proposed to be located shall designate a lead State agency.

“(B) The Commission shall grant the request of a lead State agency that requests cooperating agency status in accordance with regulations promulgated pursuant to the National Environmental Policy Act (42 U.S.C. 4321 et seq.) with respect to a proposed LNG facility.

“(C) The Commission shall promulgate regulations under the National Environmental Policy Act pre-filing process within 60 days of enactment of this section.

“(D) An applicant seeking Commission approval for an LNG facility shall follow the National Environmental Policy Act pre-filing process to commence at least 7 months prior to the filing of an application for authorization to construct an LNG facility. During this pre-filing process the applicant shall--

“(i) list all the relevant Federal and State agencies with corresponding permitting requirements;

“(ii) include documents establishing that the applicant has notified the relevant Federal and State agencies of the applicant's intent to file an application with the Commission;

“(iii) identify interested persons and organizations that have been contacted about the project; and

“(iv) detail stakeholder outreach efforts to date and provide a public participation plan to facilitate stakeholder communications and outreach efforts.

“(E) Upon completion of the pre-filing process under the National Environmental Policy Act, the applicant may file its application with the Commission.

“(F) A lead State agency may furnish an advisory report to the Commission with respect to an application no later than 30 days after the application was filed with the Commission. An advisory report may address siting issues, access to infrastructure, alternative potential locations, safety and security concerns, and access to emergency responders.

“(G) Before issuing an order authorizing an applicant to site, construct, expand or operate a liquefied natural gas import facility, the Commission shall review and respond specifically to the issues raised by the lead State agency in the advisory report.

“(H) This paragraph shall apply to any application filed after the date of enactment of this paragraph. A lead State agency has 30 days after the date of enactment of this paragraph to file an advisory report related to any applications pending at the Commission as of the date of enactment of this paragraph.

“(4)(A) Before issuing an order authorizing an applicant to site, construct, expand, or operate a liquefied natural gas import facility, the Commission shall require the applicant, in cooperation with the Commandant of the Coast Guard and State and local agencies that provide for the safety and security of the liquefied natural gas import facility and any vessels that serve the facility, to develop a cost-sharing plan.

“(B) A cost-sharing plan developed under subparagraph (A) 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--

“(i) at the liquefied natural gas import facility; and

“(ii) in proximity to vessels that serve the facility.”.

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Senate amendment submitted

June 22, 2005