[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2297 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 2297

 To clarify the applicability of deadlines relating to construction of 
  hydroelectric projects to certain hydroelectric projects located or 
 proposed to be located on the Upper Hudson River in the State of New 
                                 York.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 16, 2006

  Mr. Schumer introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To clarify the applicability of deadlines relating to construction of 
  hydroelectric projects to certain hydroelectric projects located or 
 proposed to be located on the Upper Hudson River in the State of New 
                                 York.

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

SECTION 1. CONSTRUCTION OF HYDROELECTRIC PROJECTS.

    (a) Definitions.--In this section:
            (1) Hudson river pcb site.--The term ``Hudson River PCB 
        site'' means the site identified as No. NYD980763841 and 
        located along the Hudson River in the State of New York that 
        was added to the National Priorities List on September 21, 
        1984.
            (2) Hydroelectric project.--The term ``hydroelectric 
        project'' means a hydroelectric project that is--
                    (A) licensed by the Federal Energy Regulatory 
                Commission on or after September 21, 1984; and
                    (B) located or proposed to be located on the Upper 
                Hudson River, between Hudson Falls and Federal Dam at 
                Troy, New York, in the area of the Hudson River PCB 
                site that has been targeted for dredging of 
                approximately 2,650,000 cubic yards of PCB-contaminated 
                sediment.
            (3) National priorities list.--The term ``National 
        Priorities List'' means the list of sites developed by the 
        President in accordance with section 105(a)(8)(B) of the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (42 U.S.C. 9605(a)(8)(B)).
    (b) Applicability of Construction Deadlines.--The time periods 
specified in section 13 of the Federal Power Act (16 U.S.C. 806) for 
commencement and completion of construction of a hydroelectric project, 
and any corresponding time period contained in a license for the 
hydroelectric project, shall not begin to run until the date on which 
the Hudson River PCB site, or the portion of the Hudson River PCB site 
on which the hydroelectric project is located or proposed to be 
located, has been--
            (1) removed from the National Priorities List; or
            (2) otherwise approved for use for construction of the 
        hydroelectric project by the Administrator of the Environmental 
        Protection Agency.
    (c) Orders of FERC.--An order of the Federal Energy Regulatory 
Commission that is issued before the date of enactment of this Act that 
addresses a deadline that, in accordance with subsection (b), has not 
yet begun to run, shall be considered to be void and of no legal effect 
with respect to any failure by a licensee to meet the deadline.
                                 <all>