HR9806Referred to Committee

FLOWS Act

Introduced

In Committee

Passed One Chamber

Passed Both

Signed into Law

119th

Congress

2026-07-21

Introduced

Cosponsors

ⓘ

Type

Sponsor

Nicholas A. Langworthy

Republican · NY · Representative

Votes with party: 97.5% (632 recorded votes)

Full profile: /officials/L000600

Source: Congress.gov · FEC

Cosponsors (1)

Members who have signed on to support this bill since introduction. Source: Congress.gov.

Kim Schrier (D-WA-8)Original· 2026-07-21

Latest Action

The most recent step in the bill's legislative path. Committee Activity below shows referrals and reports; the full action-by-action history including floor proceedings lives at Congress.gov →

Referred to the House Committee on Energy and Commerce.

2026-07-21

Source: Congress.gov

Committee Activity

Currently in

House Committee on Energy and CommerceReferred To · 2026-07-21

Plain-English Summary

The proposal would update federal rules for hydroelectric dams and water projects to clarify when companies need permission to make changes or repairs, and would create a new licensing process for small-scale water power systems that generate electricity from flowing water. This affects hydroelectric dam operators, utility companies, and developers interested in building small renewable energy projects in rivers and streams. The changes aim to streamline regulations while maintaining safety and environmental standards for these water-based power facilities.

AI-assisted summary generated from the official bill metadata (title, subjects, actions) sourced from Congress.gov. Cached and reviewed. Always verify against the official text linked below.

Full Bill Text

Verbatim text published on Congress.gov via GovInfo. Use Cmd+F / Ctrl+F to search within this excerpt.

[Congressional Bills 119th Congress] [From the U.S. Government Publishing Office] [H.R. 9806 Introduced in House (IH)] <DOC> 119th CONGRESS 2d Session H. R. 9806 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 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. 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: ``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…

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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. 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 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>

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