Water Power Bill Moved from Committee

Water Power Bill Moved from Committee

Washington, D.C. - Yesterday, the Senate Committee on Energy and Natural Resources (ENR) passed the Fair Licensing for Operations of Water Structures (FLOWS) Act led by U.S. Senators Lisa Murkowski (R-AK) and Angus King (I-ME). The FLOWS Act will streamline routine updates for existing hydropower facilities and establish a commonsense licensing pathway for next generation water power technologies.

"For Alaska, hydropower is essential," said Senator Murkowski. "So often, our hydro operators face unnecessary delays while trying to maintain or upgrade existing facilities. Alaska has short construction windows and project sites that are remote. Operators can lose a full season because of a simple maintenance request. The FLOWS Act keeps our communities powered without unnecessary delay by no longer requiring FERC approval for routine updates at these facilities. This legislation also modernizes federal licensing for emerging marine and hydrokinetic energy technologies by establishing a streamlined permitting pathway, predictable timelines, and a clear process for deploying innovative wave, tidal, and river-current energy projects that are leading the way in powering small Alaskan communities."

"Diversifying our energy resources is key to the continued long-term success of our communities, our business and our futures - and hydropower plays an integral role. However, too often regulatory burdens stand in the way from common sense reform," said Senator King. "The bipartisan FLOWS Act would streamline the licensing and permitting of this crucial renewable energy source and can help create reliable, clean, and affordable energy for Maine people and Americans for years to come. I am proud to work with my friend, Senator Murkowski, on this no-brainer piece of legislation for the future of Maine, Alaska, and all of the United States."

Background

Current federal permitting processes for hydropower and marine energy projects contain redundancies and inefficiencies that unnecessarily delay project work and increase costs. Under existing requirements, routine maintenance and in-kind replacements at hydropower facilities often require prior approval from the Federal Energy Regulatory Commission (FERC), resulting in months-long delays for activities that do not affect project operations, safety, or environmental performance.

In addition, federal permitting frameworks were developed primarily for large, traditional hydropower facilities and have not kept pace with advances in innovative marine and hydrokinetic energy technologies that generate electricity from tides, waves, and river currents. As a result, these low-impact technologies face regulatory hurdles that were never intended for their scale or design.

The FLOWS Act aims to chart the course for a reformed hydropower and marine energy permitting process through the following improvements:

1. Releases hydropower project developers from seeking FERC approval for non-substantial alterations or additions; routine maintenance, repair, or replacement; or seasonal or temporary adjustments in response to circumstances beyond the project's control.
2. Allows FERC to issue short-term licenses of 10-20 years for micro hydrokinetic energy projects, defined as marine energy projects with under five megawatts of installed capacity.
3. Establishes a two-year statutory timeline for FERC to act on micro hydrokinetic energy project applications and requires the Commission to promulgate regulations to implement this timeline within 180 days of the bill's enactment.
4. Requires FERC to submit a report to Congress on the effects of licensed micro hydrokinetic projects on the environment, economy, and electricity reliability and affordability no later than five years after the bill's enactment or after the first 50 licensed projects have been operational for one year.

The FLOWS Act builds on hydropower provisions Senator Murkowski advanced on a bipartisan basis during debate on the Energy Permitting Reform Act during the last Congress.

###