Bill > S3518

This bill, known as the Fair Licensing for Operations of Water Structures Act (FLOWS Act), aims to streamline the process for certain hydropower projects. It amends the Federal Power Act to allow licensees to make minor, non-substantial alterations or additions to their project works without needing prior approval from the Federal Energy Regulatory Commission (FERC), provided these changes are part of approved plans. Additionally, it permits routine maintenance, repairs, or seasonal adjustments to project operations without requiring FERC approval, as long as these actions are necessary for maintaining the project and are in response to circumstances beyond the licensee's control; however, FERC retains authority to enforce safety requirements and can still require notice or consultation regarding dam safety. The bill also establishes a new category for licensing "micro hydrokinetic energy projects," defined as projects with a capacity of 5 megawatts or less that convert energy from ocean waves, tides, currents, or free-flowing rivers into electricity without impounding water. For these micro projects, it introduces an expedited licensing process with specific deadlines for notifying intent, filing applications, and for FERC to issue decisions, and requires FERC to develop regulations, including potential categorical exclusions under the National Environmental Policy Act for low-impact activities, to speed up their deployment while ensuring safe and compliant operations. Finally, FERC is mandated to report to Congress on the environmental, economic, and electricity reliability impacts of these licensed micro hydrokinetic projects.

Agriculture and Natural Resources

https://www.congress.gov/bill/119th-congress/senate-bill/3518/all-info