article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Liquefied Natural Gas Safety and Security Act of 2005''. SEC. 2. SITING OF LIQUEFIED NATURAL GAS IMPORT FACILITIES. Section 3 of the Natural Gas Act (15 U.S.C. 717b) is amended by adding at the end the following: ``(d)(1) 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. ``(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 liquefied natural gas import facility; and ``(B) in proximity to vessels that serve the facility. ``(e)(1) In this subsection, the term `region' means a census region designated by the Bureau of the Census as of the date of enactment of this subsection. ``(2) Not later than 90 days after the date of enactment of this subsection and annually thereafter, the Commission shall-- ``(A) review all applications for the siting, construction, expansion, or operation of a liquefied natural gas import facility in a region that are pending with the Commission; ``(B) consult with States in the region to identify remote sites for the development of potential liquefied natural gas import facilities in the region; and ``(C) in collaboration with the Commandant of the Coast Guard, review-- ``(i) any offshore liquefied natural gas projects proposed for a region; and ``(ii) other potential offshore sites for the development of liquefied natural gas. ``(3) Based on the reviews and consultations under paragraph (1), the Commission shall determine-- ``(A) whether liquefied natural gas import facilities are needed in a region; and ``(B) if the Commission determines under subparagraph (A) that liquefied natural gas import facilities are needed for a region, the number of liquefied natural gas import facilities that are needed for the region. ``(4) The Commission shall cooperate with the Commandant of the Coast Guard and States to ensure that-- ``(A) the Commission approves only the number of liquefied natural gas import facilities that are needed for a region, as determined under paragraph (3)(B); and ``(B) any liquefied natural gas import facilities approved under subparagraph (A) are sited in locations that provide maximum safety and security to the public. ``(f)(1) Notwithstanding any other provision of law, the Commission shall not issue a final environmental impact statement or similar analysis required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to a proposed liquefied natural gas facility before the date on which-- ``(A) the applicant completes-- ``(i) a security assessment for the proposed facility; and ``(ii) a security plan for the proposed facility; and ``(B) the Commandant of the Coast Guard completes an incident action plan that identifies the resources needed to support appropriate air, land, and sea security measures during the transit and offload of a liquefied natural gas vessel. ``(2) The Commission shall incorporate into the final environmental impact statement or similar analysis the non-security sensitive components of the incident action plan and all other safety and security resource requirements identified by the Commandant of the Coast Guard for a proposed liquefied natural gas import facility. ``(g)(1) For purposes of reviewing and approving or disapproving an application to site, construct, or operate a liquefied natural gas import facility, the Commission shall-- ``(A) consult with the State in which the facility is proposed to be located; and ``(B) comply with all applicable Federal laws, including-- ``(i) the National Historic Preservation Act (16 U.S.C. 470 et seq.); ``(ii) the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.); ``(iii) sections 401 and 402(b) of the Federal Water Pollution Control Act (33 U.S.C. 1341, 1342(b)); and ``(iv) sections 107, 111(c), and 116 of the Clean Air Act (42 U.S.C. 7401, 7411(c), 7416). ``(2) Nothing in this section precludes or denies the right of any State to review an application to site, construct, or operate a liquefied natural gas import facility under-- ``(A) the National Historic Preservation Act (16 U.S.C. 470 et seq.); ``(B) the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.); ``(C) sections 401 and 402(b) of the Federal Water Pollution Control Act (33 U.S.C. 1341, 1342(b)); and ``(D) sections 107, 111(c), and 116 of the Clean Air Act (42 U.S.C. 7401, 7411(c), 7416). ``(3) Notwithstanding any other provision of law, the Commission shall have no authority to preempt a State permitting determination with respect to a liquefied natural gas import facility that is made under Federal or State law.''. SEC. 3. STANDARDS FOR LIQUEFIED NATURAL GAS PIPELINE FACILITIES. Section 60103 of title 49, United States Code, is amended-- (1) by redesignating subsections (e), (f), and (g) as subsections (f), (g), and (h), respectively; and (2) by inserting after subsection (d) the following: ``(e) Remote Siting Standards.--Not later than 180 days after the date of enactment of this Act, the Secretary shall promulgate regulations establishing standards to promote the remote siting of liquefied natural gas pipeline facilities.''. SEC. 4. THERMAL AND VAPOR DISPERSION EXCLUSION ZONES. As soon as practicable after the date of enactment of this Act, the Commandant of the Coast Guard shall issue regulations establishing thermal and vapor dispersion exclusion zone requirements for vessels transporting liquefied natural gas that are based on sections 193.2057 and 193.2059 of title 49, Code of Federal Regulations (or any successor regulations).
summary: Liquefied Natural Gas Safety and Security Act of 2005 - Amends the Natural Gas Act to prohibit the Federal Energy Regulating Commission (FERC) from authorizing an applicant to site, construct, expand, or operate a liquefied natural gas import facility, unless FERC has required the applicant to develop a cost-sharing plan 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 it. Requires FERC to review annually all pending applications for the siting, construction, expansion, or operation of a liquefied natural gas import facility in a region and, after consultation with the pertinent States and the Commandant, determine: (1) whether liquefied natural gas import facilities are needed in a region; and (2) the number of liquefied natural gas import facilities so needed. Denies FERC authority to preempt a State permitting determination related to a liquefied natural gas import facility. Amends Federal law governing standards for liquefied natural gas pipeline facilities to direct the Secretary of Transportation to promulgate regulations establishing standards to promote the remote siting of liquefied natural gas pipeline facilities. Directs the Commandant to issue regulations establishing thermal and vapor dispersion exclusion zone requirements for vessels transporting liquefied natural gas.