No official summary available for this bill.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3518 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 3518
To amend the Federal Power Act to address certain alterations in, and
the maintenance and repair of, project works, to provide for the
licensing of micro hydrokinetic energy projects, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 17, 2025
Ms. Murkowski (for herself and Mr. King) introduced the following bill;
which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To amend the Federal Power Act to address certain alterations in, and
the maintenance and repair of, project works, to provide for the
licensing of micro hydrokinetic energy projects, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Licensing for Operations of
Water Structures Act'' or the ``FLOWS Act''.
SEC. 2. HYDROPOWER MAINTENANCE AND TEMPORARY ADJUSTMENTS.
(a) Alterations in Project Works.--Section 10(b) of the Federal
Power Act (16 U.S.C. 803(b)) is amended by adding at the end the
following: ``Notwithstanding any other requirement of this part, the
licensee shall not be required to obtain approval from the Commission
for any nonsubstantial alteration or addition to project works under
the plans approved by the Commission under section 9(a)(1).''.
(b) Maintenance and Repair of Project Works.--Section 10(c) of the
Federal Power Act (16 U.S.C. 803(c)) is amended by adding at the end
the following: ``Notwithstanding any other requirement of this part,
the licensee shall not be required to obtain approval from the
Commission for any routine maintenance, repair, or replacement of any
portion of a project works necessary to maintain the project works in
accordance with this subsection or for any seasonal or temporary
adjustments to project operations in response to circumstances beyond
the reasonable control of the licensee.''.
(c) Savings Clause.--Nothing in this section or an amendment made
by this section--
(1) affects any authority of the Federal Energy Regulatory
Commission--
(A) to require notice from a licensee under
subsection (a) or (b) of section 10 of the Federal
Power Act (16 U.S.C. 803); or
(B) to enforce requirements of that section or the
terms of a license issued under part I of the Federal
Power Act (16 U.S.C. 792 et seq.) with respect to the
safety of any dam and appurtenant works and structures;
or
(2)(A) precludes any prompt, informal consultation between
the licensee and the Federal Energy Regulatory Commission, at
the request of the licensee or the Federal Energy Regulatory
Commission, with respect to the safety of any dam and
appurtenant works and structures in advance of work to be
undertaken under section 10 of the Federal Power Act (16 U.S.C.
803); or
(B) affects any authority of the Federal Energy Regulatory
Commission to require changes in advance of the work described
in subparagraph (A) to protect the safety of any dam and
appurtenant works and structures.
SEC. 3. MICRO HYDROKINETIC ENERGY PROJECTS.
Part I of the Federal Power Act (16 U.S.C. 792 et seq.) is amended
by adding at the end the following:
``SEC. 37. LICENSING OF MICRO HYDROKINETIC ENERGY PROJECTS.
``(a) Definition of Micro Hydrokinetic Energy Project.--In this
section, the term `micro hydrokinetic energy project'--
``(1) means a project that--
``(A) has or will have an installed capacity of not
more than 5 megawatts; and
``(B) converts to electric energy the hydrokinetic
energy from a generator driven by a turbine from--
``(i) waves, tides, or currents in oceans,
estuaries, or tidal areas; or
``(ii) free flowing water in rivers, lakes,
streams, or man-made channels; and
``(2) does not include a project that impounds water to
generate electricity.
``(b) Authorization.--The Commission may issue a license in
accordance with this section for a term of not less than 10, and not
more than 20, years for the construction, operation, and maintenance of
project works for a micro hydrokinetic energy project.
``(c) Expedited Licensing Process.--
``(1) Notification of intent.--
``(A) Filing of notification.--An applicant for a
license under this section shall commence the licensing
process by filing a notification of intent with the
Commission.
``(B) Existing license deadline.--Notwithstanding
section 15(b)(1), an applicant for a license under this
section shall file a notification of intent under
subparagraph (A) not later than 2 years before the
expiration of an existing license, if applicable.
``(2) Filing of application.--
``(A) In general.--Except as provided in
subparagraph (B), an applicant for a license under this
section shall submit to the Commission an application
not later than 1 year after the date on which the
applicant files a notification of intent under
paragraph (1).
``(B) Existing license deadline.--Notwithstanding
section 15(c)(1), an applicant for a license under this
section shall file an application with the Commission
not later than 1 year before the date of expiration of
the term of an existing license, if applicable.
``(3) Deadline for issuance.--The Commission shall take
final action on an application for a license under this section
not later than 1 year after the date on which the application
is filed under paragraph (2).
``(4) Schedule for final action.--To the extent reasonably
practicable, the Commission and any applicable conditioning or
permitting agencies shall establish, with respect to each micro
hydrokinetic energy project that is the subject of a
notification of intent to apply for a license under this
section, a joint schedule that permits the timely completion of
decisions required to be made with respect to, and the timely
issuance of, authorizations required under Federal law by the
Commission and the conditioning or permitting agencies, subject
to the requirement that any joint schedule established under
this paragraph shall comply with the deadline for final action
established under paragraph (3).
``(d) Regulations.--
``(1) In general.--Not later than 180 days after the date
of enactment of this section, the Commission shall promulgate
regulations to implement this section in a manner that
expedites the deployment of micro hydrokinetic energy projects
while ensuring the safe operation of the micro hydrokinetic
energy project in compliance with applicable Federal and State
laws.
``(2) Inclusion.--The regulations promulgated under
paragraph (1) shall provide for the use of 1 or more
categorical exclusions, including allowing for extraordinary
circumstances under which the categorical exclusion shall not
be available, under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) for low disturbance activities
necessary for micro hydrokinetic energy projects.
``(e) Report to Congress.--The Commission shall submit to Congress
a report describing the impacts of the micro hydrokinetic energy
projects licensed under this section on the environment, the economy,
and the reliability and affordability of electricity not later than the
earlier of--
``(1) the date that is 5 years after the date of enactment
of this section; and
``(2) the date on which the first 50 micro hydrokinetic
energy projects licensed under this section have been
operational for not less than 1 year.
``(f) Savings Clause.--Nothing in this section affects any
authority of the Commission, at the election of an applicant, to
license the construction, operation, and maintenance of project works
for a micro hydrokinetic energy project under any other provision of
this part.''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Energy and Natural Resources.
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