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LNG PG and MC County Delegation

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2008

C5               8lr1441

Bill No.: ______________       Drafted by:

Requested: Jolene Ivey           Typed by:

Committee: ____________          Stored:

  Proofread by: __________

By: Prince George’s County Delegation          Checked by: ___________

A BILL ENTITLED

  1            AN ACT concerning

  2                                            Liquefied Natural Gas Facilities - Approval for Construction or

  3                                                                            Operation - Prince George’s County

  4                                                                                            PG 423-08

              5        FOR the purpose of prohibiting the construction or operation cf a liquefied natural gas

  6                    facility without the approval of the Public Service Commission, prohibiting the

  7                    Public Service Commission from granting regulatory approval for the

  8                    construction or operation of a liquefied natural gas facility in Prince George's

  9                    County that is located within a certain distance of a residence; and generally

10                     relating to liquefied natural gas facilities.

11         BY repealing and reenacting, with amendments,

12                     Article - Public Utility Companies

13                     Section 11-101

14                     Annotated Code of Maryland

15                     (1998 Volume and 2007 Supplement)

16                     SECTION 1.   BE IT ENACTED BY THE GENERAL ASSEMBLY OF

17                 MARYLAND, That the Laws of Maryland read as follows:

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.

                [Brackets] indicate matter deleted from existing law.

8lr1441

18                                                            Article - Public Utility Companies

19            11-101.

20            (a)           (1)   In this section the following words have the meanings indicated.               21                   (2)    “Liquefied natural gas" means natural gas cooled to form a liquid

22  at approximately atmospheric pressure.

23                            (3)    “Liquefied natural gas facility" means any facility used to produce

24  store, or regasify liquefied natural gas.                                 

25            (b)           The Commission shall adopt regulations to ensure to the greatest extent

26  practicable the operational safety of liquefied natural gas facilities. 

27            (c)           (1)   The Commission shall inspect periodically each liquefied natural

28      gas facility to ensure compliance with the regulations adopted under subsection (b) of

29      this section.

30                            (2)   The inspections shall be conducted at intervals The Commission

31   determines necessary

32            (d)           The Commission may enforce [these] THE regulations by any method provided 33   Section 2-117(a), Section 13-201, or Section 13-205 of this article.

34            (e)           (1)   AN INTRASTATE SERVING LIQUEFIED NATURAL GAS             35   FACILITY MAY NOT BE CONSTRUCTED OR OPERATED WITHOUT THE         36  APPROVAL OF THE COMMISSION.

37                            (2)   THE COMMISSION MAY NOT GRANT ANY APPROVAL FOR    38  THE CONSTRUCTION OR OPERATION OF AN INTRASTATE SERVING               39      LIQUEFIED NATURAL GAS FACILITY IF THE FACILITY IS TO BE LOCATED:

40                                            (I)     IN PRINCE GEORGE’S COUNTY; AND

41                                            (II)  “INSIDE THE BOUNDARIES OF AN ACCEPTABLE          42    SEPARATION DISTANCE (ASC),  AS CALCULATED BY THE HUD BLAST OVER 43    PRESSURE SAFETY STANDARD (CFR51..204-24), FROM FACILITIES OR AREAS 44   WHERE PEOPLE MAY CONGREGATE INCLUDING SCHOOLS, DAY CARE       45    CENTERS, NURSING HOMES, SENIOR CITIZENS BUILDINGS, METRO              46    STATIONS, SHOPPING CENTERS, RECREATIONAL FACILITIES, OR                47   RESIDENTIAL SUB DIVISIONS IN PRINCE GEORGE'S COUNTY.”; and/or

48                                            (III)  IS INCONSISTENT WITH THE ZONING ORDINANCES      49    APPROVED IN PRINCE GEORGE’S COUNTY UNDER THE AUTHORITY OF      50    ARTICLE 28, (8-101) OF THE MARYLAND CODE

                51            (F)   The Commission may enter into agreements with federal units as

52       necessary to carry out this section.

53            [(f)] (G)   This section does not expand the definition of “public service

                54   company” in Section 1-101 of this article.

55            [(g)] (H)      A person who violates a regulation that the Commission adopts

54   under this section  is guilty of a misdemeanor and on conviction is subject to a fine not           55  exceeding $10,000 for each day the violation continues, and imprisonment not                        56      exceeding 1 year.

57                  SECTION 2. AND BE IT FURTHER ENACTED, that this Act shall take effect

58     October 1, 2008.

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OLD

By: Prince George’s County Delegation and Montgomery County Delegation

A BILL ENTITLED

AN ACT concerning

Prince George’s County – Maryland-National Capital Park and Planning Commission – Liquefied Natural Gas Facilities – Approval Limitations.

HB 1095

FOR the purpose of prohibiting the District Council of the Maryland-National Capital Park and Planning Commission in Prince George’s County from approving a special exception to construct certain liquefied natural gas storage facilities unless certain circumstances are met; and generally relating to the approval of liquefied natural gas storage facilities.

Section 8-110.2

Annotated Code of Maryland

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, That the Laws of Maryland read as follows

The District Council of Prince George’s County may not approve a special exception to construct or operate [a rubble landfill] THE FOLLOWING at a site without a three-fourths majority vote of the District Council.

1. A RUBBLE LANDFILL; OR
2. A LIQUEFIED NATURAL GAS STORAGE FACILITY THAT CAN HOLD MORE THAN 5,000 GALLONS OF LIQUEFIED NATURAL GAS

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 1, 2006.

AN ACT concerning

Prince George's County - Liquefied Natural Gas Storage Facilities

HB 0927

FOR the purpose of prohibiting the District Council for Prince George's County from granting of a special exception in Prince George's County for a liquefied natural gas storage facility without a three-fourths majority vote of the district council for the county; providing for the application of this Act; making this Act an emergency measure; and generally relating to locations for liquefied natural gas storage facilities.

BY repealing and reenacting, without amendments,

Article - Public Utility Companies

Section 11-101(a)

Annotated Code of Maryland

(1998 Volume and 2005 Supplement)

BY repealing and reenacting, with amendments,

Article - Public Utility Companies

Section 11-101(d), (e), (f), and (g)

Annotated Code of Maryland

(1998 Volume and 2005 Supplement)

BY adding to

Article - Public Utility Companies

Section 11-101(d)

Annotated Code of Maryland

(1998 Volume and 2005 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, That the Laws of Maryland read as follows:

Article - Public Utility Companies

11-101.

(a) (1) In this section the following words have the meanings indicated.

(2) "Liquefied natural gas" means natural gas cooled to form a liquid at approximately atmospheric pressure.

(3) "Liquefied natural gas facility" means any facility used to produce, store, or regasify liquefied natural gas.

(D) IN PRINCE GEORGE'S COUNTY, THE DISTRICT COUNCIL FOR THE COUNTY ESTABLISHED UNDER ARTICLE 28 OF THE CODE MAY NOT APPROVE A SPECIAL EXCEPTION FOR PROPERTY TO BE USED AS A LIQUEFIED NATURAL GAS STORAGE FACILITY WITHOUT A THREE-FOURTHS MAJORITY VOTE OF THE DISTRICT COUNCIL.

[(d)] (E) The Commission may enforce [these] regulations ADOPTED UNDER THIS SECTION by any method provided in § 2-117(a), § 13-201, or § 13-205 of this article.

[(e)] (F) The Commission may enter into agreements with federal units as necessary to carry out this section.

[(f)] (G) This section does not expand the definition of "public service company" in § 1-101 of this article.

[(g)] (H) A person who violates a regulation that the Commission adopts under this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $10,000 for each day the violation continues, and imprisonment not exceeding 1 year.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to apply retroactively and shall be applied to and interpreted to affect any application for or permit issued for a liquefied natural gas facility on or after January 1, 2005.

SECTION 3. AND BE IT FURTHER ENACTED, That this Act is an emergency measure, is necessary for the immediate preservation of the public health or safety, has been passed by a yea and nay vote supported by three-fifths of all the members elected to each of the two Houses of the General Assembly, and shall take effect from the date it is enacted.