[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5563 Introduced in House (IH)]






107th CONGRESS
  2d Session
                                H. R. 5563

  To reinstate and transfer a hydroelectric license under the Federal 
  Power Act to permit the immediate redevelopment of a hydroelectric 
   project located in the State of New York, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 7, 2002

 Mr. Sweeney introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
  To reinstate and transfer a hydroelectric license under the Federal 
  Power Act to permit the immediate redevelopment of a hydroelectric 
   project located in the State of New York, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. FINDINGS.

    The Congress finds that it is in the public interest to have 
reinstated by the Federal Energy Regulatory Commission (`FERC') the 
hydroelectric license for Project No. 2696; and, to have FERC transfer 
the license to the Town of Stuyvesant, New York, in order to utilize 
the hydraulic potential of waters of the United States.

SEC. 2. REINSTATEMENT AND TRANSFER.

    (a) Reinstatement and Transfer of Federal License for Project 
Numbered 2696.--Notwithstanding section 8 of the Federal Power Act (16 
U.S.C. 801) or any other provision thereof the FERC is directed to 
reinstate the license for Project No. 2696 and to transfer the license, 
without delay or the institution of any proceedings, to the Town of 
Stuyvesant, New York, holder of Federal Energy Regulatory Commission 
Preliminary Permit No. 11787, within 30 days of enactment of this Act.
    (b) Extension of License Upon Project's Return to Operation.--The 
Federal Energy Regulatory Commission is directed to extend the 
expiration of the term of the license for Project No. 2696 to August 
31, 2025, if the project's generating capability to a minimum level of 
1 MW on a reliable basis within 2 years of enactment of this Act.
    (c) Hydroelectric Incentives.--Project No. 2696 shall be entitled 
to the full benefit of any legislation passed by Congress that promotes 
hydroelectric development within 2 years either before or after this 
Act's effective date.
    (d) Project Financing and Development.-- The Commission shall 
permit the town to add as a co-licensee any private or public entity or 
entities to the reinstated license at any time, not withstanding the 
issuance of a preliminary permit to the town of Stuyvesant and any 
consideration of municipal preference. The town shall be entitled, to 
the extent that funds are available or shall be made available, to 
receive loans under section 402 and 403 of the Public Utility 
Regulatory Policies Act of 1978 (16 U.S.C. 2702 and 2703), or similar 
programs, for the reimbursement of feasibility studies, or development 
costs, or both, incurred since January 1, 2001 through and including 
December 31, 2006. All power produced by the project shall be deemed 
incremental hydropower for purpose of qualifying for any energy credit 
or similar benefits.
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