FLOWS Act
Sponsored By: Representative Langworthy, Nicholas A. [R-NY-23]
Introduced
Summary
Streamlining approvals for hydroelectric works is the main aim of the FLOWS Act, which would set clear thresholds for when FERC approval is required and exempt routine maintenance. It would also create an expedited licensing path for small micro hydrokinetic projects up to 5 megawatts.
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- Operators and licensees would get clearer rules on work at dams. Routine maintenance, repairs, and replacements would not need prior FERC approval while substantial alterations would require it, and temporary variances are allowed for events beyond a licensee’s control. FERC keeps its authority to require notice and enforce dam safety.
- Small project developers would gain a new category for "micro hydrokinetic" projects defined at up to 5 megawatts that do not impound water, and could seek licenses for 10 to 20 years under an expedited, schedule-driven process.
- Regulators and environmental review would face deadlines and new tools. FERC would have to propose standards within 90 days and finalize them within 180 days to define substantial versus routine work, and the bill allows categorical NEPA exclusions for low-disturbance micro projects while preserving exceptions for unusual circumstances.
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Bill Overview
Analyzed Economic Effects
2 provisions identified: 1 benefits, 0 costs, 1 mixed.
Faster licenses for small hydro projects
If enacted, the bill would create a new micro hydrokinetic license for projects with up to 5 megawatts that do not impound water. FERC could issue 10–20 year licenses. Applicants would file a notification, submit an application within one year, and FERC would have one year to decide. FERC must write implementing rules within 180 days and may use NEPA categorical exclusions for low-disturbance work. The Commission would report to Congress within five years or when the first 50 projects have operated for one year.
New rules for hydro project changes
If enacted, FERC would have to approve any "substantial" alteration or addition to hydro project works or operations. FERC would write rules to define what counts as a substantial change. Routine maintenance, repair, or replacement needed to keep project works in working order would not need approval or a license amendment. Temporary variances for events beyond a licensee’s control (extreme weather, disasters, equipment failures) would not require prior approval. The bill would preserve FERC's authority to require notice and enforce dam safety and to consult with licensees about safety.
Sponsors & CoSponsors
Sponsor
Langworthy, Nicholas A. [R-NY-23]
NY • R
Cosponsors
Rep. Schrier, Kim [D-WA-8]
WA • D
Sponsored 7/21/2026
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov