II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. CONSTRUCTION OF HYDROELECTRIC 

4 PROJECTS. 

5 (a) DEFINITIONS.—In this section: 

6 (1) HUDSON RIVER PCB SITE.—The term 

7 ‘‘Hudson River PCB site’’ means the site identified 

8 as No. NYD980763841 and located along the HudVerDate Aug 31 2005 21:46 Feb 17, 2006 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2297.IS S2297

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•S 2297 IS

1 son River in the State of New York that was added 

2 to the National Priorities List on September 21, 

3 1984. 

4 (2) HYDROELECTRIC PROJECT.—The term ‘‘hy5 droelectric project’’ means a hydroelectric project 

6 that is— 

7 (A) licensed by the Federal Energy Regu8 latory Commission on or after September 21, 

9 1984; and 

10 (B) located or proposed to be located on 

11 the Upper Hudson River, between Hudson 

12 Falls and Federal Dam at Troy, New York, in 

13 the area of the Hudson River PCB site that has 

14 been targeted for dredging of approximately 

15 2,650,000 cubic yards of PCB-contaminated 

16 sediment. 

17 (3) NATIONAL PRIORITIES LIST.—The term 

18 ‘‘National Priorities List’’ means the list of sites de19 veloped by the President in accordance with section 

20 105(a)(8)(B) of the Comprehensive Environmental 

21 Response, Compensation, and Liability Act of 1980 

22 (42 U.S.C. 9605(a)(8)(B)). 

23 (b) APPLICABILITY OF CONSTRUCTION DEAD24 LINES.—The time periods specified in section 13 of the 

25 Federal Power Act (16 U.S.C. 806) for commencement 


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•S 2297 IS

1 and completion of construction of a hydroelectric project, 

2 and any corresponding time period contained in a license 

3 for the hydroelectric project, shall not begin to run until 

4 the date on which the Hudson River PCB site, or the por5 tion of the Hudson River PCB site on which the hydro6 electric project is located or proposed to be located, has 

7 been— 

8 (1) removed from the National Priorities List; 

9 or 

10 (2) otherwise approved for use for construction 

11 of the hydroelectric project by the Administrator of 

12 the Environmental Protection Agency. 

13 (c) ORDERS OF FERC.—An order of the Federal En14 ergy Regulatory Commission that is issued before the date 

15 of enactment of this Act that addresses a deadline that, 

16 in accordance with subsection (b), has not yet begun to 

17 run, shall be considered to be void and of no legal effect 

18 with respect to any failure by a licensee to meet the dead19 line. 

Æ 


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