FLOWS Act
- Bill Number
- S. 3518
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 1
- Policy Area
- Energy
- Status
- Introduced
- Latest Action
- 2026-06-10: Committee on Energy and Natural Resources. Ordered to be reported with an amendment in the nature of a substitute favorably.
- Last Updated
- 2026-06-11T12:33:39Z
AI-Generated Summary
Purpose
The FLOWS Act aims to streamline regulations for hydropower projects by reducing unnecessary approvals for maintenance and minor changes, while establishing an expedited licensing process for small-scale hydrokinetic energy projects (which harness energy from moving water without damming it). This supports efficient operations of existing water infrastructure and encourages the development of renewable energy sources.
Key Provisions
- Maintenance and Alterations for Existing Projects:
- Licensees (operators of hydropower facilities) are exempt from needing prior approval from the Federal Energy Regulatory Commission (FERC, the agency overseeing hydropower licensing) for minor, nonsubstantial changes to project structures or plans.
- No approval is required for routine upkeep, repairs, replacements, or temporary operational adjustments (e.g., due to weather or unforeseen events) to keep projects running safely.
- FERC retains authority to demand notifications, enforce safety rules, and require pre-work consultations or changes if dam safety is at risk.
- Licensing for Micro Hydrokinetic Energy Projects:
- Defines these as projects up to 5 megawatts (a measure of power output, enough for about 3,750 homes) that generate electricity from water movement in oceans, rivers, lakes, or channels without storing or blocking water flow.
- FERC can issue licenses lasting 10–20 years for building, operating, and maintaining such projects.
- Expedited Process:
- Applicants start by notifying FERC of intent to apply.
- Full applications must be filed within 1 year of notification (or 1–2 years before an existing license expires).
- FERC must decide on applications within 1 year.
- FERC and other involved agencies (e.g., environmental regulators) must create a joint timeline to speed up reviews and approvals.
- FERC must issue implementing rules within 180 days, focusing on quick deployment while ensuring safety and legal compliance; includes streamlined environmental reviews (categorical exclusions under the National Environmental Policy Act, or NEPA, which assesses project impacts, for low-impact activities).
- FERC must report to Congress on environmental, economic, and electricity reliability effects after 5 years or once the first 50 projects have operated for at least 1 year.
- Applicants can still use standard licensing if preferred.
Significant Changes to Existing Law
- Amends Sections 10(b) and 10(c) of the Federal Power Act (the main law governing hydropower licensing) to eliminate FERC approvals for routine or minor project changes, reducing administrative burdens that previously delayed operations.
- Adds a new Section 37 to the Federal Power Act, creating a dedicated, faster-track licensing category for micro hydrokinetic projects, which were previously handled under slower general processes. This includes fixed deadlines and NEPA shortcuts not available before, while preserving FERC's oversight options.
Potential Impacts
- On Government Agencies: FERC will handle fewer routine approvals, freeing resources for safety and major reviews; other agencies may see quicker coordinated decisions, potentially reducing backlogs in renewable energy permitting.
- On Citizens and Economy: Could lower costs and downtime for hydropower operators, stabilizing energy prices; promotes small-scale clean energy development, potentially adding affordable, reliable power from untapped water sources and supporting jobs in rural or coastal areas.
- On International Relations: Minimal direct impact, though it may indirectly boost U.S. renewable energy innovation, aligning with global clean energy goals without affecting cross-border water treaties.
Main Stakeholders Affected
- Hydropower Licensees and Operators: Benefit from reduced red tape for maintenance, enabling faster responses to issues.
- Renewable Energy Developers: Gain easier entry for small hydrokinetic projects, especially in non-dam sites like rivers or tides.
- Environmental and Community Groups: May see faster project approvals but with safeguards; the report to Congress ensures monitoring of ecological effects.
- FERC and Federal Agencies: Must adapt processes for efficiency while upholding safety and environmental standards.
- Consumers and Utilities: Could experience more reliable hydropower and new clean energy options, improving electricity affordability and grid stability.
Notable Legal, Constitutional, or Political Implications
- Legal: Enhances administrative efficiency under the Federal Power Act without undermining FERC's core safety and enforcement powers; the savings clauses prevent challenges by preserving agency discretion. NEPA exclusions could face lawsuits if seen as bypassing environmental protections, but they are limited to low-disturbance cases.
- Constitutional: Aligns with Congress's authority over interstate commerce and energy regulation (Article I, Section 8); no apparent conflicts with property rights or federalism, as it targets federally licensed projects on navigable waters.
- Political: Supports bipartisan goals of energy reliability and renewables (introduced by Sens. Murkowski and King); may encourage further deregulation in clean energy, but the required report provides accountability to address potential overuse or environmental concerns.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (2)
Sen. King, Angus S., Jr. [I-ME], Sen. Daines, Steve [R-MT]
Recent Actions
- 2026-06-10: Committee on Energy and Natural Resources. Ordered to be reported with an amendment in the nature of a substitute favorably.
- 2026-03-17: Committee on Energy and Natural Resources Subcommittee on Water and Power. Hearings held.
- 2025-12-17: Read twice and referred to the Committee on Energy and Natural Resources.
- 2025-12-17: Introduced in Senate
Bill Versions
- Fair Licensing for Operations of Water Structures Act — issued 2025-12-17 — PDF (7 pages)