legislation: 95-s-3597
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| 95-s-3597 | 95 | s | 3597 | Comprehensive Liquefied Energy Gas Siting Safety and Liability Act | Energy | 1978-10-12 | 1978-10-12 | Referred to Senate Committee on Energy and Natural Resources. | Senate | Sen. Durkin, John A. [D-NH] | NH | D | D000574 | 1 | Comprehensive Liquefied Energy Gas Siting Safety and Liability Act - Amends the Natural Gas Pipeline Safety Act of 1968 to establish a safety program for liquefied energy gas facilities. Title I: Siting and Safety of Liquefied Natural Gas Facilities - Defines "liquefied natural gas" and "LNG" as natural gas in a liquid, semisolid, or solid state. Makes additional definitions for the purposes of this Act. Prohibits the construction of new LNG facilities and the operation of existing LNG facilities without the approval of the Secretary of Transportation. Directs the Secretary to publish compliance standards for such facilities. Sets forth criteria to be included in such standards. Provides that construction permits and operating licenses shall only be issued with the approval of the Governor or appropriate State agency in any affected State. Directs the Secretary to issue regulations governing annual Federal inspections of new LNG facilities in operation after the effective date of the above compliance standards. Establishes civil and criminal penalties for the violation of siting and safety standards. Authorizes the appropriation of $2,000,000 for fiscal year 1979 to carry out the provisions of this title. Title II: Liability and Compensation Fund - Amends the Ports and Waterways Act of 1972 to direct the Secretary of State, in consultation with the Secretary of the Department in which the Coast Guard is operating, to seek the development of international safety rules and regulations relating to the construction and operation of offshore liquefied energy gas facilities and vessels. Establishes in the United States Treasury a Liquefied Gas Incident Liability and Compensation Fund to provide for the payment of claims for damages arising out of an incident or accident involving the transportation, storage, or transfer of LNG. Directs the Secretary of the Treasury to collect fees from owners of LNG facilities and liquefied petroleum gas importation facilities, based on the volume of gas received at such facilities. Sets a limit on the amount of fees to be accumulated in such fund. Imposes strict liability on the owner or operator of any LNG vessel or facility for damages arising out of incidents or accidents involving the transportation, storage, or transfer of LNG. Limits such liability to $100,000,000 except in cases of gross negligence or violations of applicable Federal standards. Waives strict liability upon a showing that the harm resulted from an act of war, specified natural phenomena, or the neglect or intentional acts of a claimant. Authorizes the Secretary of the Treasury to issue notes or other obligations in the event the Fund cannot satisfy claims made upon it. Provides that any person, including the Fund, who pays for compensable losses under this title shall be subrogated to the rights of any claimant under this title. Requires a showing of financial responsibility by each owner or operator of liquefied energy gas facilities or vessels sufficient to satisfy the maximum amount of liability to which such owner or operator could be exposed. Requires owners and operators to notify the Secretary of Transportation immediately upon learning of an incident or accident. Sets forth procedures for making claims for damages resulting from such occurrences. Provides for judicial review of decisions made with respect to an award or denial of compensation for such damages. Authorizes the award of attorneys' fees and court costs to a claimant if a decision in his favor is affirmed. Requires contributors to the Fund to maintain and furnish, upon request of the Secretary or the Comptroller General of the United States, such records and other information as prescribed by the Secretary. Directs the Secretary of the Treasury to submit to the Congress an annual report of the administration, management, and enforcement activities relating to the Fund. Authorizes the appropriation of such funds as are necessary to administer the Fund. Directs the Secretary of Transportation to study existing admiralty law and insurance practices related to coverage of vessels carrying liquefied gases. Title III: Miscellaneous Provisions - Establishes criminal penalties for the willful destruction or attempted destruction of interstate pipeline or liquefied gas facilities. Sets standards for citizen civil actions relating to compliance with the provisions of this Act. Permits the Secretary of the department in which the Coast Guard is operating, by regulation, to include within the meaning of "pipeline facility" any storage facility or category of such facility which is physically connected to any pipeline facility used for the transportation or distribution of liquefied petroleum gas provided such facility has a storage capacity of 30,000 gallons or more or such inclusion would further the purposes of this Act. Directs the Secretary to adopt interim minimum Federal safety standards for pipeline facilities and pipeline transportation prior to enactment of this Act. Authorizes the Secretary to enforce safety regulations for facilities, other than pipelines, that are used for the storage or transportation on land of gas or liquefied petroleum gas, in interstate or foreign commerce. Amends the Ports and Waterways Safety Act of 1972 to prohibit the ownership, design, construction, or operation of an offshore liquefied natural gas facility except in accordance with a license issued pursuant to this Act. Sets forth the procedures for applying for such licenses. Directs the Secretary to prescribe safety standards for the location, design, construction, and operation of offshore liquefied natural gas facilities. Requires the Secretary to promulgate environmental standards for offshore facilities. States that regulations governing the location of such facilities shall include standards: (1) for their location at a safe distance from other facilities or operations which might be a hazard to the facility or increase the damage caused by a liquefied natural gas incident; (2) for natural hazards, such as meteorological or geological conditions; (3) for incident prevention and control facilities; (4) for the safe navigation of liquefied natural gas vessels into such facilities; and (5) for considering the effect of such facilities on the marine environment. Directs the Secretary to require that the best available technology be used in the design and construction of such facilities by prescribing minimum standards for materials and for methods and techniques of design and construction. Directs the Secretary to prescribe regulations for the operation of liquefied natural gas facilities. States that such regulations shall include standards: (1) for the use of Coast Guard-certified tankermen in the handling and transfer of liquefied natural gas from vessels to facilities, and for the training of other personnel; (2) for the availability and use of incident prevention and control equipment; (3) for the use of security measures at such facilities for protection against intentional acts which might cause incidents; (4) for the maintenance of facilities and equipment and periodic Coast Guard inspections; and (5) for vessel safety, including the establishment of safety zones around offshore facilities. Establishes Federal jurisdiction over offshore facilities licensed under this subtitle. Extends such jurisdiction to foreign vessels located within the safety zone of a facility. Directs the Secretary of State to see effective international action and cooperation in support of the policy and purposes of this Act. | 2025-09-02T17:14:37Z |