FLOWS Act (S. 3518)

Summary

Changes rules for hydropower projects to make small repairs easier and creates a faster way to get permits for new, small water-based energy projects.

What problem does this solve?

Getting government approval for minor repairs to hydropower dams or for new, small water energy projects can be slow and difficult. This bill removes the need for approval on small maintenance tasks and creates a faster, simpler permit process for micro hydrokinetic projects.

What does this bill do?

Exempts minor alterations from approval

Removes the requirement for hydropower licensees to get approval from the Federal Energy Regulatory Commission (FERC) for nonsubstantial changes to their projects.

Exempts routine maintenance from approval

Allows licensees to perform routine maintenance, repairs, and temporary operational adjustments without needing prior approval from the Commission.

Creates a fast-track for micro hydrokinetic projects

Establishes a new, expedited licensing process for small energy projects (up to 5 megawatts) that generate electricity from waves, tides, or free-flowing water without a dam.

Sets deadlines for project licensing

Requires the Commission to make a final decision on a micro hydrokinetic project application within one year after it is filed.

Simplifies environmental reviews

Directs the Commission to create rules that allow for categorical exclusions under the National Environmental Policy Act, which would speed up the environmental review process for these small projects.

Maintains federal safety authority

Clarifies that nothing in the bill affects the Federal Energy Regulatory Commission's authority to enforce safety requirements for dams and related structures.

Requires a report to Congress

Mandates that the Commission report to Congress on the environmental and economic impacts of the newly licensed micro hydrokinetic projects.

Who does this affect?

Hydropower project operators
Renewable energy developers
Federal Energy Regulatory Commission (FERC)

What is the real world impact?

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Reduces regulatory hurdles for hydropower operators

Streamlines the process for maintaining and making small changes to existing hydropower facilities, which can lower costs and reduce delays for energy producers.

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Encourages new renewable energy technology

Creates a faster and simpler licensing path for small hydrokinetic projects, which use power from waves, tides, and currents. This makes it easier for new, innovative energy sources to be developed and tested.

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Potentially weakens environmental and safety oversight

By allowing some maintenance and alterations without prior approval, there is a risk that changes could negatively impact the environment or dam safety if not managed carefully. The bill states it does not affect safety authority, but less pre-approval means less oversight.

When does this start?

This bill would take effect when it is signed into law and includes several deadlines for government agencies and applicants.

New regulations for micro hydrokinetic projects

The Federal Energy Regulatory Commission must create new rules to speed up the approval of micro hydrokinetic projects within 180 days of the bill becoming law.

Final decision on applications

The Commission must make a final decision on an application for a micro hydrokinetic project no later than one year after the application is filed.

Report to Congress

The Commission must report to Congress on the impacts of these projects within 5 years of the law's passage, or after the first 50 projects have been running for a year, whichever comes first.