II 109th CONGRESS 2d Session S. 2297 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.
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.