---
kind: "section"
citation: "15 U.S.C. § 717b–1"
title: "15"
title_heading: "Commerce and Trade"
number: "717b–1"
heading: "State and local safety considerations"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/15/717b-1"
units:
  - "Chapter 15B — Natural Gas"
---

# §717b–1. State and local safety considerations

- (a) **Promulgation of regulations—** The Commission shall promulgate regulations on the National Environmental Policy Act of 1969 ([42 U.S.C. 4321](/usc/42/4321.md) et seq.) pre-filing process within 60 days after August 8, 2005. An [applicant](/usc/15/7a.md?p=3) shall comply with pre-filing process required under the National Environmental Policy Act of 1969 prior to filing an application with the Commission. The regulations shall require that the pre-filing process commence at least 6 months prior to the filing of an application for authorization to construct an [LNG terminal](/usc/15/717a.md?p=11) and encourage [applicants](/usc/15/7a.md?p=3) to cooperate with [State](/usc/15/717a.md?p=4) and local officials.
- (b) **State consultation—** The Governor of a [State](/usc/15/717a.md?p=4) in which an [LNG terminal](/usc/15/717a.md?p=11) is proposed to be located shall designate the appropriate [State](/usc/15/717a.md?p=4) agency for the purposes of consulting with the Commission regarding an application under [section 717b of this title](/usc/15/717b.md). The Commission shall consult with such [State](/usc/15/717a.md?p=4) agency regarding [State](/usc/15/717a.md?p=4) and local safety considerations prior to issuing an order pursuant to [section 717b of this title](/usc/15/717b.md). For the purposes of this section, [State](/usc/15/717a.md?p=4) and local safety considerations include—
  - (1) the kind and use of the facility;
  - (2) the existing and projected population and demographic characteristics of the location;
  - (3) the existing and proposed land use near the location;
  - (4) the natural and physical aspects of the location;
  - (5) the emergency response capabilities near the facility location; and
  - (6) the need to encourage remote siting.
- (c) **Advisory report—** The [State](/usc/15/717a.md?p=4) agency may furnish an advisory report on [State](/usc/15/717a.md?p=4) and local safety considerations to the Commission with respect to an application no later than 30 days after the application was filed with the Commission. Before issuing an order authorizing an [applicant](/usc/15/7a.md?p=3) to site, construct, expand, or operate an [LNG terminal](/usc/15/717a.md?p=11), the Commission shall review and respond specifically to the issues raised by the [State](/usc/15/717a.md?p=4) agency described in [subsection (b)](#b) in the advisory report. This subsection shall apply to any application filed after August 8, 2005. A [State](/usc/15/717a.md?p=4) agency has 30 days after August 8, 2005 to file an advisory report related to any applications pending at the Commission as of August 8, 2005.
- (d) **Inspections—** The [State commission](/usc/15/717a.md?p=8) of the [State](/usc/15/717a.md?p=4) in which an [LNG terminal](/usc/15/717a.md?p=11) is located may, after the terminal is operational, conduct safety inspections in conformance with Federal regulations and guidelines with respect to the [LNG terminal](/usc/15/717a.md?p=11) upon written notice to the Commission. The [State commission](/usc/15/717a.md?p=8) may notify the Commission of any alleged safety violations. The Commission shall transmit information regarding such allegations to the appropriate Federal agency, which shall take appropriate action and notify the [State commission](/usc/15/717a.md?p=8).
- (e) **Emergency Response Plan—**
  - (1) In any order authorizing an [LNG terminal](/usc/15/717a.md?p=11) the Commission shall require the [LNG terminal](/usc/15/717a.md?p=11) operator to develop an Emergency Response Plan. The Emergency Response Plan shall be prepared in consultation with the United States Coast Guard and [State](/usc/15/717a.md?p=4) and local agencies and be approved by the Commission prior to any final approval to begin construction. The Plan shall include a cost-sharing plan.
  - (2) A cost-sharing plan developed under [paragraph (1)](#e-1) shall include a description of any direct cost reimbursements that the [applicant](/usc/15/7a.md?p=3) agrees to provide to any [State](/usc/15/717a.md?p=4) and local agencies with responsibility for security and safety—
    - (A) at the [LNG terminal](/usc/15/717a.md?p=11); and
    - (B) in proximity to vessels that serve the facility.

## Source credit

(June 21, 1938, ch. 556, § 3A, as added Pub. L. 109–58, title III, § 311(d), Aug. 8, 2005, 119 Stat. 687.)

## Notes

### Editorial Notes

### References in Text

The National Environmental Policy Act of 1969, referred to in subsec. (a), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.