FLOWS Act

This bill amends the Federal Power Act to allow hydropower licensees to make certain minor alterations and perform routine maintenance without prior approval from the Federal Energy Regulatory Commission, and creates a new, expedited licensing process for small hydrokinetic energy projects that do not involve dams.

Sec. 2, Hydropower maintenance and temporary adjustments: This section amends the Federal Power Act so that licensees do not need Commission approval for nonsubstantial alterations to project works, or for routine maintenance, repair, or replacement of project works, or for seasonal or temporary operational adjustments due to circumstances beyond the licensee's control. It does not affect the Commission's authority to require notice, enforce dam safety, or consult informally on dam safety before work begins.

Sec. 3, Micro hydrokinetic energy projects: This section adds a new section to the Federal Power Act defining a micro hydrokinetic energy project as one with up to 5 megawatts capacity that generates electricity from moving water (waves, tides, currents, or free-flowing water) without impounding water. It authorizes the Commission to issue licenses for 10 to 20 years for such projects. It establishes an expedited licensing process: an applicant files a notification of intent, then submits an application within one year (or two years before an existing license expires), and the Commission must take final action within one year of the application. The Commission and other agencies must set a joint schedule to meet this deadline. The Commission must issue regulations within 180 days to implement this section, including categorical exclusions under the National Environmental Policy Act for low-disturbance activities. The Commission must report to Congress on the environmental, economic, and reliability impacts of these projects within 5 years or after the first 50 projects have been operational for a year, whichever comes first. This section does not affect an applicant's ability to seek a license under other provisions.