§ 23-1709. Criteria for siting.

1. The department shall, after investigation and opportunity for
public comment, within one year from the effective date of this section,
adopt, and file with the secretary of state, regulations establishing
criteria for the siting of liquefied natural and petroleum gas
facilities. Such siting criteria shall be designed to insure the maximum
safety of the public from hazards associated with liquefied natural or
petroleum gas storage, transportation and conversion. The department
shall also within one year from such effective date adopt regulations
prescribing the form and content of applications for environmental
safety permits to construct a liquefied natural or petroleum gas
facility.

2. The regulations issued pursuant to subdivision one of this section
for the siting of liquefied natural or petroleum gas facilities shall
take into account, among other factors:

(a) The density of population in areas neighboring the liquefied
natural or petroleum gas facility;

(b) The density of population in areas neighboring delivery routes of
liquefied natural or petroleum gas to a liquefied natural or petroleum
gas facility, if delivery is by water-borne vessel, rail or motor
vehicle;

(c) The risk of accident during the transportation of liquefied
natural or petroleum gas to or from a liquefied natural or petroleum gas
facility which could result in a release of liquefied natural or
petroleum gas from containment and the safeguards necessary to reduce
such risk;

(d) The physical properties of liquefied natural or petroleum gas,
including: (i) the effect of cryogenic temperatures upon containers of
liquefied natural or petroleum gas; (ii) the maximum distance that a
liquefied natural or petroleum gas vapor cloud is projected to expand
and pose a threat to the public; and, (iii) the flammability or
explosiveness of such a cloud formed by vaporizing liquefied natural or
petroleum gas.

3. The regulations issued by the department pursuant to subdivision
one prescribing the form of an application for an environmental safety
permit to construct a liquefied natural or petroleum gas facility shall
require the applicant to supply detailed information regarding:

(a) The location of the proposed facility;

(b) A description of the design and capacity of the facility;

(c) The expected sources of natural gas or liquefied natural or
petroleum gas for the facility, the proposed methods of transporting
natural gas or liquefied natural or petroleum gas to and from the
facility, and the routes which deliveries will traverse;

(d) The need for the facility;

(e) The environmental impacts of the proposed facility;

(f) A description of reasonable alternative locations for the proposed
facility;

(g) Such other information as the department shall prescribe to allow
it to render a decision as to whether the proposed liquefied natural or
petroleum gas facility is necessary and compatible with the surrounding
environment and with the safety of neighboring populations.

4. The rules and regulations adopted by the department to implement
this title and the provisions of article 70 of this chapter and rules
and regulations adopted thereunder shall govern environmental safety
permit applications, renewals, modifications, suspensions and
revocations under this title.