I 111th CONGRESS 1st Session H. R. 2133 IN THE HOUSE OF REPRESENTATIVES April 28, 2009 Mr. Higgins (for himself, Mr. Lee of New York, Mr. Massa, Mrs. Maloney, and Mr. Israel) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Act of August 21, 1957, to allocate funds from certain electric power sales from the Niagara Power Project in New York to capital needs of Western New York, and for other purposes.

1.

Niagara Power Project

(a)

Western New York Regional Development Corporation

The Act of August 21, 1957, authorizing the construction of the Niagara Power Project (16 U.S.C. 836 and following) is amended by adding the following new sections at the end thereof:

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Regional Development Corporation

(a)

Establishment of corporation approved

Niagara County, Erie County, and Chautauqua County, New York, are authorized to establish a Regional Development Corporation to operate in accordance with this section and in accordance with such other rules and regulations as may be established, consistent with this section, by agreement of such counties. Any such agreement shall be submitted to the Federal Energy Regulatory Commission. The Commission is authorized to approve such agreement unless the Commission find the agreement inconsistent with this section or other applicable provisions of law. (b)

Governance

The Regional Development Corporation shall be governed by a Board of Directors, to be comprised of 7 members, appointed as follows: (1)One individual appointed by the Chairperson of the County Legislature in Niagara County, New York. (2)One individual appointed by the County Executive of Erie County, New York. (3)One individual appointed by the County Executive of Chautauqua County, New York. (4)One individual appointed by the Mayor of Buffalo, New York. (5)One individual appointed by the Mayor of Niagara Falls, New York. (6)One individual appointed by the Buffalo Niagara Partnership or its successor agency. (7)One individual appointed by the Governor of the State of New York. (c)

Staff and support

The Board of Directors shall appoint such staff and provide such support for the Corporation as the Board deems necessary. (d)

Meetings, books, and records

The meetings of the Board shall be open to the public, and all books and records of the Corporation shall be available to the public during normal business hours. The Board shall make public as promptly as possible the minutes of all meetings held by the Board. The Comptroller General of the United States shall annually review all operations of the Corporation and submit a report to the Congress regarding all financial and other operations of the Corporation. (e)

Eligible expenditures

Funds made available to the Corporation under this section may be used only for construction, engineering, architecture, and related projects for the development of the waterfront in Niagara County, Chautauqua County, and Erie County, New York, the Erie Canal Harbor Development Corporation, the Olmsted Park system, regional cultural institutions in Niagara County, Chautauqua County, and Erie County, New York, downtown Niagara Falls redevelopment initiatives, and the Buffalo Niagara Medical campus. (f)

Allocation of funds

Funds made available under this section shall be allocated among Erie, Chautauqua, and Niagara County projects in proportion to the existing ratio for the allocation of replacement and expansion power between facilities in the three counties. (g)

Funding

All proceeds from the sale of electric power generated by the Niagara Power Project and allocated to the replacement power program and the expansion power program, but not used by the designated recipients, shall be transferred by the New York Power Authority to the Regional Development Corporation established under this section.

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