By Representative Correia of Fall River and Senator Menard, joint petition (accompanied by bill, 3289) of Robert Correia and others relative to liquefied natural gas vessel clearance requirements. Telecommunications, Utilities and Energy.

The Commonwealth of Massachusetts

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PETITION OF:

Robert Correia

Joan M. Menard

Patricia A. Haddad

Robert M. Koczera

Michael J. Rodrigues

David B. Sullivan

Stephen R. Canessa

John A. Lepper

Jennifer M. Callahan

Jarrett T. Barrios

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In the Year Two Thousand and Seven.

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An Act relative to liquefied natural gas facilities.

  Whereas, he deferred operation of this act would tend to defeat its purpose which is to increase LNG safety, thereof it is hereby declared to be an emergency law, necessary for the immediate preservation of the public safety.

 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Chapter 102 of the General Laws is hereby amended by adding the following section:-

Section 29. (a) As used in this section the following terms shall have the following meanings:

“Horizontal clearance,” the distance between the abutments of a bridge nearest to and on either side of the navigable channel used by vessels transiting through the bridge.

“Vertical clearance,” the distance between mean high water and the lowest point of a bridge over the navigable channel used by vessels transiting through the bridge.

(b) No person shall direct or operate a vessel transporting liquefied natural gas through a bridge having a horizontal clearance of 250 feet or less unless the beam of such vessel is equal to or less than two-thirds of the horizontal clearance of such bridge.

(c) No person shall direct or operate a vessel transporting liquefied natural gas under a bridge having a vertical clearance of 185 feet or less.

(d) Any person who operates or directs a vessel transporting liquefied natural gas in violation of the safe clearance requirements established under this section shall be subject to a civil penalty not to exceed $1,000,000.00 for each violation.  Said penalty may be recovered on behalf of the commonwealth in an action brought by the attorney general in the superior court.

(e) The superior court shall have jurisdiction to enjoin any threatened or repeated violations of the safe clearance requirements established under this section by any person.  An action for such relief may be brought by the attorney general, by the district attorney for the district in which the bridge is located or by the harbor master of the city or town where the bridge is located.

(f)  This section shall be applicable to transportation of liquefied natural gas to facilities constructed after July 1, 2006.