S3518-119

What This Bill Does

The FLOWS Act changes hydropower licensing under the Federal Power Act. It says FERC licensees do not need prior Commission approval for nonsubstantial alterations under approved plans, routine maintenance, repair, replacement, or seasonal and temporary operational adjustments responding to circumstances beyond the licensee's reasonable control. FERC retains notice, enforcement, consultation, and dam-safety authority.

Who Benefits and How

Existing hydropower licensees benefit from lower approval burdens for routine project work and temporary operational adjustments. Micro hydrokinetic project developers benefit from a new licensing pathway for projects up to 5 megawatts that use waves, tides, currents, or free-flowing water without impounding water. Those developers also benefit from 10-to-20-year license terms, a one-year application deadline, a one-year FERC final-action deadline, coordinated agency schedules, and categorical exclusions for low-disturbance activities where appropriate. Electricity customers may benefit if lower permitting friction improves reliability or affordability.

Who Bears the Burden and How

FERC hydropower licensing staff must write implementing regulations within 180 days, run expedited licensing schedules, preserve dam-safety oversight, and report to Congress on the environmental, economic, reliability, and affordability impacts of licensed micro hydrokinetic projects. Federal and state conditioning agencies must coordinate schedules with FERC where practicable. Environmental review staff bear the burden of applying categorical exclusions while preserving extraordinary-circumstance review. Existing dam-safety staff retain authority to require notice, enforce license terms, and require changes before work if needed for safety.

Key Provisions

• Allows hydropower licensees to make nonsubstantial alterations or additions to project works without separate FERC approval when the work is under plans already approved by the Commission.
• Allows routine maintenance, repair, replacement, and seasonal or temporary operational adjustments without separate FERC approval when the work is needed to maintain project works or respond to circumstances beyond the licensee's reasonable control.
• Preserves FERC authority to require notices, enforce license and dam-safety requirements, hold informal safety consultations, and require changes before work begins if needed to protect dam safety.
• Defines micro hydrokinetic projects as non-impoundment projects up to 5 megawatts using waves, tides, currents, or free-flowing water.
• Authorizes FERC to issue 10-to-20-year licenses for micro hydrokinetic projects and sets deadlines for notifications of intent, license applications, and final Commission action.
• Requires FERC and conditioning or permitting agencies to establish joint schedules where practicable so federal authorizations can be completed within the one-year final-action deadline.
• Requires FERC regulations within 180 days, NEPA categorical exclusions for low-disturbance activities where appropriate, and a report after five years or after 50 projects operate for at least one year.