A bill to amend the Natural Gas Pipeline Safety Act of 1968 to provide for the safe operation of liquefied natural gas and liquefied petroleum gas facilities, to provide standards with respect to the siting, construction, and operation of liquefied natural gas facilities, to establish a comprehensive liability and compensation fund for such facilities, to provide for the licensing of such facilities beyond the limits of territorial seas subject to the jurisdiction of the United States, and for other purposes.
Comprehensive Liquefied Energy Gas Siting Safety and Liability Act of 1979 - Title I: Siting and Safety of Liquefied Natural Gas Facilities - Amends the Natural Gas Pipeline Safety Act of 1968 to add definitions relating to liquefied natural gas (LNG) to the list of definitions under such Act.
Prohibits the construction of new LNG facilities without the approval of the Secretary of Transportation, which approval shall be based on compliance with applicable standards, terms and conditions deemed appropriate. Makes such approval contingent on the submission by the person seeking approval of a site-specific contingency plan for responding to LNG accidents determined by the Secretary to be adequate to protect public health, safety and property .
Directs the Secretary to publish compliance standards, setting forth factors to be included in such standards. Authorizes State agencies to adopt additional or more stringent standards for LNG facilities if such standards are not inconsistent with the Federal minimum standards.
Directs the Secretary to notify the Governor of any State in which a LNG facility construction approval application is sought and to obtain the approval of that Governor or responsible State agency before approving such application.
Establishes additional civil and criminal penalties for the violation of certain provisions of the Natural Gas Pipeline Safety Act of 1968.
Directs the Secretary to appoint a Hazardous Materials Regulatory Advisory Panel to report to the Secretary on the adequacy of regulations issued pursuant to this Act and on the effectiveness of Federal, State, local, and private safety inspections and the enforcement of regulatory orders.
Title II: Liability and Compensation Fund - Amends the Ports and Waterways Safety Act of 1972 to direct the Secretary of State, in consultation with the Secretary of Transportation: (1) to seek effective international action in support of the policy and purposes of this Act; and (2) to formulate, present, and support proposals in international organizations for the development of international rules and regulations for offshore facility construction, ownership, and operation and on vessels transporting liquefied energy gases. Directs the Secretary of Transportation to determine the need for treaties or other means to establish effective liability insurance provisions governing transnational transportation of LNG or liquefied petroleum gas (LPG).
Establishes in the United States Treasury a Liquefied Energy Gas Incident Liability and Compensation Fund for the payment of claims under this Act. Provides that such Fund shall be comprised of fees collected from facility owners and from other amounts collected pursuant to this Act.
States that claims for damages arising out of a liquefied natural gas or liquefied petroleum gas accident may be asserted for personal injury or damage or destruction of real or personal property in an amount equal to or exceeding $10,000. Sets forth criteria for establishing liability for such accidents. Limits liability to $100,000,000 per accident except, if it was caused by gross negligence, willful misconduct, or the violation of applicable Federal safety, construction, or operating standards, the owner or operator of a vessel, facility, or transportation company shall be jointly and severally liable for the full amount of damages. Precludes liability for an accident resulting from an act of war or the contributory negligence or intentional acts of the claimant.
Subrogates any person, including the Fund, who pays a claimant for compensable losses to all rights, claims and causes of action which that claimant has under this title.
Requires facility and vessel owners and operators to maintain financial responsibility sufficient to satisfy the maximum amount of liability to which such operator could be exposed under the liability limitation provision of this Act. Establishes a civil penalty of up to $10,000 for failure to comply with such requirement.
Requires an owner or operator to notify the Secretary in the event of an accident as soon as possible after learning of such accident.
Sets forth procedures for the administrative and judicial settlement of claims made pursuant to this Act.
Requires owners and operators to keep and maintain such records and furnish requested information to the Secretary, and grants access to books, documents, papers, and records of such persons to the Secretary. Grants access to such materials belonging to persons liable to contribute to the Fund to the Comptroller of the Treasury.
Directs the Secretary of the Treasury, in consultation with the Secretary of Transportation, to submit to the President of the Senate and to the Speaker of the House of Representatives an annual report on the administration of the Fund.
Makes the claims procedure under this Act the exclusive method for recovering damages for losses caused by a LNG or LPG accident.
Directs the Secretary of Transportation to study and report to Congress on the adequacy of existing provisions of admiralty law and insurance practices related to coverage of vessels carrying liquefied gases.
Title III: Miscellaneous - Amends the Natural Gas Act of 1968 to establish criminal penalties for the willful destruction of interstate pipeline and liquefied gas facilities.
Authorizes citizens' civil actions to be brought against violators of this Act or any regulations or order thereunder.
Revises requirements relating to appointments of Director of Pipeline Safety Operations and Director of Materials Transportation Bureau.
Includes within the definition of "pipeline facilities" storage facilities having a capacity of 30,000 gallons or more which the Secretary finds would further the purposes of such Act.
Directs the Secretary to adopt interim minimal Federal safety standards for pipeline facilities and pipeline transportation to the extent not covered by such Act immediately before the date of enactment. Authorizes State agencies to adopt additional or more stringent standards not subject to the jurisdiction of the Federal Energy Regulatory Commission under such Act or the Interstate Commerce Act.
Subjects certain nonpipeline facilities or equipment to the provisions of this Act if the Secretary finds the purposes of this Act would be furthered.
Amends the Ports and Waterways Safety Act of 1972 to prohibit the ownership, design, construction, or operation of an offshore liquefied natural gas facility without a license issued pursuant to this Act. Sets forth procedures for applying for such licenses.
Directs the Secretary, in consultation with the Secretary of the Interior and the Administrator of the National Oceanic and Atmospheric Administration, to issue safety and environmental regulations for the location, design, construction, and operation of offshore liquefied natural gas facilities. Provides criteria for developing such standards.
Directs the Secretary to issue regulations for the application, issuance, transfer, renewal, suspension, and termination of licenses granted under this Act.
Prohibits licensees from permitting foreign registered vessels from calling at or otherwise utilizing offshore facilities licensed under this Act unless: (1) the foreign state has agreed by specific agreement with the United States to recognize the jurisdiction of the United States over the vessel and its personnel, in accordance with this Act, while the vessel is within the safety zone; and (2) the vessel owner or operator has a designated agent in the United States for receipt of service of process.
Grants United States district courts original jurisdiction over any action arising out of offshore facility construction or operation.
Directs the Secretary of State, in consultation with the Secretary of Transportation, to seek international action in support of the policy and purposes of this Act and authorizes the Secretary of State to formulate, present, and support proposals in the United Nations and other international organizations for the development of international rules and regulations relating to construction, ownership, and operation of offshore facilities.
Introduced in Senate
Referred to Senate Committee on Commerce, Science, and Transportation.
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