STATE OF NEW YORK
________________________________________________________________________
8456
2009-2010 Regular Sessions
IN ASSEMBLY
May 21, 2009
___________
Introduced by M. of A. COLTON -- read once and referred to the Committee
on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
establishing certain requirements for environmental safety permits for
liquefied natural gas facilities
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 23-1711 of the environmental conservation law, as
2 amended by chapter 233 of the laws of 1979, is amended to read as
3 follows:
4 § 23-1711. [Permit processing] Environmental safety permit for
5 construction or improvement of liquefied natural or petro-
6 leum gas facility.
7 1. Any person desiring to construct, reconstruct, enlarge the storage
8 capacity or, if constructed but unused, put into actual use and opera-
9 tion a liquefied natural or petroleum gas facility, terminal or related
10 pipeline in the state shall obtain [a] an environmental safety permit
11 pursuant to this section.
12 2. The department shall hold a public hearing in the designated
13 region where a liquefied natural or petroleum facility, terminal or
14 related pipeline shall be constructed. Notice of [any] such public hear-
15 ing conducted in connection with [any] such environmental safety permit
16 shall be published in at least two newspapers having a general circu-
17 lation in the area in which the proposed activity is located, and in
18 contiguous areas potentially affected by the proposed action.
19 3. The department shall inform the New York research and development
20 authority, county executives and municipal or local leaders that an
21 application exists for such permit.
22 4. The department shall render a decision based upon the record either
23 granting the permit, denying it, or granting it upon such terms, condi-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11928-01-9
A. 8456 2
1 tions, limitations, or modifications thereof as the department may deem
2 appropriate.
3 a. The department shall approve the application for the permit or
4 authorization only if, in consultation with the New York research and
5 development authority, it issues a written finding that:
6 (i) a significant need exists within New York state for natural gas
7 that the liquefied natural gas terminal shall meet;
8 (ii) sources of natural gas in North America are insufficient to meet
9 the significant need specified in subparagraph (i) of this paragraph;
10 (iii) the price of natural gas derived from liquefied natural gas
11 supplied by the terminal facility shall not exceed the price of natural
12 gas available from other sources of natural gas in North America; and
13 (iv) the operation of the liquefied natural gas terminal is consistent
14 with New York state strategies for addressing climate change.
15 b. The department shall deny a permit if residential areas and contig-
16 uous populations, will be endangered, or it otherwise does not conform
17 to the siting criteria established for liquefied natural or petroleum
18 gas facilities, or the department finds that the facility is not neces-
19 sary, or is otherwise not in the public interest to be approved.
20 § 2. Section 23-1709 of the environmental conservation law, as amended
21 by chapter 233 of the laws of 1979, is amended to read as follows:
22 § 23-1709. Criteria for siting.
23 1. The department shall, after investigation and opportunity for
24 public comment, within one year from the effective date of this section,
25 adopt, and file with the secretary of state, regulations establishing
26 criteria for the siting of liquefied natural and petroleum gas facili-
27 ties. Such siting criteria shall be designed to insure the maximum safe-
28 ty of the public from hazards associated with liquefied natural or
29 petroleum gas storage, transportation and conversion. The department
30 shall also within one year from such effective date adopt regulations
31 prescribing the form and content of applications for environmental safe-
32 ty permits to construct a liquefied natural or petroleum gas facility.
33 2. The regulations issued pursuant to subdivision one of this section
34 for the siting of liquefied natural or petroleum gas facilities shall
35 take into account, among other factors:
36 (a) The density of population in areas neighboring the liquefied
37 natural or petroleum gas facility;
38 (b) The density of population in areas neighboring delivery routes of
39 liquefied natural or petroleum gas to a liquefied natural or petroleum
40 gas facility, if delivery is by water-borne vessel, rail or motor vehi-
41 cle;
42 (c) The risk of accident during the transportation of liquefied
43 natural or petroleum gas to or from a liquefied natural or petroleum gas
44 facility which could result in a release of liquefied natural or petro-
45 leum gas from containment and the safeguards necessary to reduce such
46 risk;
47 (d) The physical properties of liquefied natural or petroleum gas,
48 including: (i) the effect of cryogenic temperatures upon containers of
49 liquefied natural or petroleum gas; (ii) the maximum distance that a
50 liquefied natural or petroleum gas vapor cloud is projected to expand
51 and pose a threat to the public; and, (iii) the flammability or explo-
52 siveness of such a cloud formed by vaporizing liquefied natural or
53 petroleum gas.
54 3. The regulations issued by the department pursuant to subdivision
55 one of this section prescribing the form of an application for an envi-
56 ronmental safety permit to construct a liquefied natural or petroleum
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1 gas facility shall require the applicant to supply detailed information
2 regarding:
3 (a) The location of the proposed facility;
4 (b) A description of the design and capacity of the facility;
5 (c) The expected sources of natural gas or liquefied natural or petro-
6 leum gas for the facility, the proposed methods of transporting natural
7 gas or liquefied natural or petroleum gas to and from the facility, and
8 the routes which deliveries will traverse;
9 (d) The need for the facility;
10 (e) The environmental impacts of the proposed facility;
11 (f) A description of reasonable alternative locations for the proposed
12 facility;
13 (g) Such other information as the department shall prescribe to allow
14 it to render a decision as to whether the proposed liquefied natural or
15 petroleum gas facility is necessary and compatible with the surrounding
16 environment and with the safety of neighboring populations.
17 4. A liquefied natural gas terminal, and any pipeline directly related
18 to the terminal, shall not adversely affect the beneficial use, includ-
19 ing but not limited to, commercial and recreational fishing, recreation,
20 agricultural and wildlife, of the waters surrounding the terminal and
21 any pipeline directly related to the terminal.
22 5. The department shall not waive its rights under 33 U.S.C. 1341
23 regarding certification, or its authority to issue national pollutant
24 discharge elimination system permits under 33 U.S.C. 1342, regarding a
25 liquefied natural gas terminal.
26 6. The department shall review water quality standards that are
27 affected by the provisions of this section and section 23-1711 of this
28 title in order to establish water quality standards consistent with this
29 section and section 23-1711 of this title within one year after this act
30 shall have become a law. The department shall submit the water quality
31 standards at the next regularly scheduled review of New York state's
32 water quality standards pursuant to 33 U.S.C. 1313.
33 7. The rules and regulations adopted by the department to implement
34 this title and the provisions of article 70 of this chapter and rules
35 and regulations adopted thereunder shall govern environmental safety
36 permit applications, renewals, modifications, suspensions and revoca-
37 tions under this title.
38 § 3. This act shall take effect immediately; provided, however, that
39 effective immediately, the addition, amendment and/or repeal of any rule
40 or regulation necessary for the implementation of this act on its effec-
41 tive date are authorized and directed to be made and completed on or
42 before such effective date.
