PA 07-94—sSB 1017

Public Safety and Security Committee

Planning and Development Committee

Appropriations Committee

Legislative Management Committee

AN ACT CONCERNING THE EMERGENCY PLANS OF OPERATIONS OF SHORELINE COMMUNITIES AND THE DESIGNATION OF LIQUEFIED NATURAL GAS HAZARD AND SECURITY ZONES

SUMMARY: This act requires:

1. the Connecticut attorney general to recommend to the U. S. Coast Guard that it designate a hazard zone around any liquefied natural gas (LNG) terminal located on or proposed for Long Island Sound that will affect Connecticut (e. g. , the proposed Broadwater facility);

2. the attorney general to recommend to the federal government that it designate a security zone around any such facility;

3. state legislative and executive approval of any designation before it takes effect; and

4. any private security service operating in “state waters” to get prior state legislative and executive approval following specified procedures.

The act also requires each shoreline town's emergency operations plan to address any emergency caused by any existing LNG terminal on the Sound. It requires the Public Safety and Security Committee and Department of Emergency Management and Homeland Security commissioner (DEMHS) to approve the plans.

EFFECTIVE DATE: July 1, 2007 for the hazard and security zone designations; October 1, 2007 for the emergency plans and security service provisions.

HAZARD ZONE

The act requires the attorney general, in consultation with the DEMHS commissioner, to recommend to the U. S. Coast Guard that it designate a hazard zone around any LNG terminal located on, or proposed for, Long Island Sound that will affect Connecticut waters or land. He must make his recommendations in writing and submit them to the governor and the legislature.

The governor and the Environment and Public Safety and Security committees must approve the designation before it takes effect.

The attorney general must file a written notice of the Coast Guard's designation with the Governor's Office and House and Senate clerks. Within five days after getting the notice, the clerks must refer it to the Environment and Public Safety and Security committees. Within 30 days after getting it, the committees must hold a joint public hearing on it and, within five days after the hearing, each committee must approve or reject it by roll-call vote and forward it and the vote record to the entire legislature.

The legislature has 15 days after getting the notice to approve or reject it. It must be approved, in whole, by a majority vote of each chamber. It is considered rejected if (1) one chamber fails to approve it or (2) the legislature does not act on it during the 15 days. Any notice submitted to the legislature when it is not in session is deemed rejected if the legislature fails to convene and consider it by the 30th day after it gets it from the committees. The House and Senate clerks must inform the Coast Guard in writing, by registered mail, when the legislature rejects or approves the notice.

The governor must approve or reject the notice of the Coast Guard's designation of a hazard zone and notify the Coast Guard, in writing, by registered mail.

SECURITY ZONE DESIGNATION

The act requires the attorney general, in consultation with the DEMHS commissioner, to make written recommendations to the federal government to designate a security zone around any LNG terminal proposed for or located on the Sound that will affect Connecticut waters or land. He must submit the recommendations to the governor and legislature.

The governor and the Environment and Public Safety and Security committees must approve the designation before it takes effect. The attorney general must file a written notice of the federal government's designation with the House and Senate clerks and the Governor's Office. The approval process mirrors the hazard zone designation approval process, except that the approval or rejection notification goes to the federal government.

PRIVATE SECURITY SERVICES

The act requires any security service operating in state waters to get prior legislative and executive approval. By law, a security service operating anywhere in Connecticut must be licensed by the Department of Public Safety and meet specified criteria.

Under the act, any private security service wanting to operate on state waters must file a written notice of its intent with the Governor's Office and House and Senate clerks. Within five days after the clerks get the notice, they must refer it to the Public Safety and Security Committee, which must hold a hearing within 30 days after getting it. The balance of the process mirrors the hazard zone designation approval process, except that the rejection and approval notices must be sent to the security service.

The act defines “security service” as any person or entity that, for consideration, provides any of the following services on property the service is hired to protect:

1. protection of patrons and authorized people;

2. prevention or detection of intrusion, entry, larceny, vandalism, abuse, fire, or trespass; and

3. prevention, observation, or detection of unauthorized activity.

The act exempts from the security service definition any person, firm, association, or corporation that provides (1) private security within “the port” limits, including designated anchorage areas and “lightering zones,” or (2) private security escort or watch services required for vessels crossing the Sound to go to a terminal, anchorage area, or lightering zone that handles refined petroleum products that are liquid at ambient temperatures. (The act does not define lightering, but the common definition is ship-to-shore or ship-to-ship transfer of goods. )

LOCAL EMERGENCY PLANS

The act requires the emergency operations plan of every shoreline town to contain provisions for addressing any emergency caused by any existing LNG terminal on the Sound. It requires towns to submit the plans to the Public Safety and Security Committee and DEMHS commissioner for approval. The committee must hold a hearing on the plan within 30 days after getting it and, within five days after the hearing, approve or reject it by roll call vote and forward it and the vote record to the entire legislature.

BACKGROUND

Liquefied Natural Gas Facility in Long Island Sound

Broadwater Energy has proposed developing a facility in Long Island Sound in New York State waters to regasify LNG shipped from other countries. The facility would be connected by a new pipeline to the existing Iroquois pipeline and the gas shipped to Long Island, Connecticut, and other markets.

Federal Law

Federal law gives the Federal Energy Regulatory Commission (FERC) exclusive jurisdiction over the siting of LNG terminals, although it retains states' rights under other federal laws, including the Coastal Zone Management Act. It designates FERC as the lead agency in obtaining federal authorizations and complying with the National Environmental Policy Act.

OLR Tracking: VR: SS: PF: DW