H.R. 9806

119 HR 9806 IH: Fair Licensing for Operations of Water Structures Act
 U.S. House of Representatives
 2026-07-21
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 I  119th CONGRESS  2d Session  H. R. 9806  IN THE HOUSE OF REPRESENTATIVES   July 21, 2026   Mr. Langworthy  (for himself and  Ms. Schrier ) introduced the following bill; which was referred to the  Committee on Energy and Commerce    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.
1.
Short title
This Act may be cited as the   Fair Licensing for Operations of Water Structures Act   or the   FLOWS Act  .
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:  Except as previously provided in this subsection, the Commission shall require prior approval of a  substantial alteration or addition  to project works or to project operations consisting of any significant modification of the project works or operation of the project that is not in conformity with the project plans previously approved by the Commission. The Commission shall not require approval of any alteration or addition other than a substantial alteration or addition as determined pursuant to regulations promulgated under section 2(c) of the  Fair Licensing for Operations of Water Structures Act  or any temporary variance to the project operations necessitated by circumstances beyond the reasonable control of the licensee, including extreme weather, natural disasters, equipment failures, or other unforeseen circumstances. .
(b)
Maintenance and repair of project works
Section 10(c) of the Federal Power Act ( 16 U.S.C. 803(c) ) is amended by inserting after the first sentence the following:  The Commission shall not require approval or an amendment to a project license 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. .
(c)
Guidance and process
(1)
Guidance
Not later than 90 days after the date of enactment of this Act, the Federal Energy Regulatory Commission shall issue a notice of proposed rulemaking proposing a process or considerations for determining a  substantial alteration or addition ,  nonsubstantial alteration or addition , and  routine maintenance, repair, or replacement  to a hydropower project works based on the results of the Notice of Inquiry of the Federal Energy Regulatory Commission entitled  Authorizations for Certain Post-Licensing Activities at Hydroelectric Projects  (90 Fed. Reg. 53310; Docket No. RM26–3–000) issued on November 20, 2025, initially scheduled to close on January 26, 2026, but extended and officially closed on February 10, 2026.
(2)
Process
Not later than 180 days after the date of issuance of the notice of proposed rulemaking under paragraph (1), and after public notice and opportunity for comment, the Federal Energy Regulatory Commission shall promulgate a final rule establishing—
(A)
standards for determining a  substantial alteration or addition ,  nonsubstantial alteration or addition , and  routine maintenance, repair, or replacement  to a hydropower project works; and
(B)
a formal process, as appropriate, for determining whether a proposed alteration or addition constitutes a  substantial alteration or addition  under the final rule that requires approval of the Federal Energy Regulatory Commission under section 10(b) of the Federal Power Act ( 16 U.S.C. 803(b) ).
(3)
Effect
The rule promulgated under paragraph (2) shall establish a process or considerations for determining which licensee-requested project alterations require the approval of the Federal Energy Regulatory Commission.
(d)
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.
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:
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 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.
 .