119-S-3518 Journalist Public Summary
A bipartisan Senate bill would let hydropower operators do routine, low‑risk maintenance without prior FERC sign‑off and create a faster, one‑year licensing track for very small “micro” wave/tide/river energy projects (up to 5 MW), while keeping dam‑safety authority intact. (congress.gov)
Public Summary — Document 119-S-3518 (FLOWS Act)
Headline Summary: The FLOWS Act aims to cut red tape for minor hydropower upkeep and to jump‑start tiny “micro” hydrokinetic projects, with a defined 1‑year federal timeline and guardrails for dam safety. (congress.gov)
What It Does: The bill amends the Federal Power Act so licensees don’t need prior FERC approval for nonsubstantial alterations and routine maintenance or temporary, seasonal operational adjustments, and it creates a new, expedited license for “micro hydrokinetic” projects (≤5 MW) that use waves, tides, currents, or free‑flowing water without a dam. It sets a 10–20 year license term, directs FERC to finish decisions within one year of a complete application, encourages joint schedules with other agencies, instructs FERC to issue implementing rules within 180 days (including use of categorical exclusions for low‑disturbance activities), requires a report to Congress on impacts, and preserves FERC’s dam‑safety authority. (congress.gov)
- Why it matters: Supporters say faster approvals for routine work can improve reliability and lower costs, and that a clear pathway for micro marine and river energy could broaden clean‑power options in coastal and river communities. (publicpower.org)
- Context: The proposal comes amid broader efforts to streamline hydropower permitting; backers argue many low‑impact activities face delays disproportionate to their risks, while critics warn that expanded use of categorical exclusions may shortchange site‑specific environmental review. (publicpower.org)
Who’s For It:
- Sponsors: Sen. Lisa Murkowski (R‑AK) and Sen. Angus King (I‑ME). (congress.gov)
- Industry and utilities: American Public Power Association supports the bill, citing months‑long delays for in‑kind replacements and routine work that do not affect operations, safety, or environmental performance. The National Hydropower Association is actively urging cosponsorship to modernize licensing and accelerate water‑power innovation. (murkowski.senate.gov)
- Rationale from supporters: streamline minor approvals, provide certainty with a one‑year decision clock, and open a near‑term path for small wave/tidal/river pilots without new dams. (publicpower.org)
Who’s Against It (or raising concerns):
- Environmental and river groups (general stance): Organizations such as American Rivers and members of the Hydropower Reform Coalition have historically cautioned that hydropower “streamlining” proposals can reduce public input and weaken fish and habitat protections if categorical exclusions are applied too broadly. Note: these are general positions on hydro‑permitting reforms; we have not found bill‑specific opposition statements as of March 18, 2026. (americanrivers.org)
What’s Next: The bill remains in the Senate Energy and Natural Resources Committee. The Subcommittee on Water and Power held a hearing on March 17, 2026, that included S. 3518; from here, the measure could receive a subcommittee or full‑committee markup before any Senate floor action. Status pages still list the bill as “Introduced” pending further committee movement. (energy.senate.gov)
Discussion