WASHINGTON, D.C. - Today, Congresswoman Kim Schrier, M.D. (WA-08) and Congressman Nick Langworthy (NY-23) introduced the Fair Licensing for Operations of Water Structures (FLOWS) Act, legislation to streamline the hydropower and marine energy permitting process - bolstering clean energy across the country. Companion legislation was introduced by Senators Lisa Murkowski (R-AK) and Angus King (I-ME) and passed through the Senate Energy and Natural Resources Committee unanimously.

"The vast majority of Washington State's energy comes from hydropower, making it essential that we efficiently maintain dams to support our communities," said Congresswoman Schrier. "Helping our hydropower operators perform routine maintenance, repairs, replacements, and temporary adjustments for our dams will lower energy costs, ensure reliability, and improve public safety. This bill will also support emerging clean energy research as we find new ways to produce energy without emitting greenhouse gases."

Current federal permitting processes for hydropower 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 and diluting focus from substantial actions that need it most.

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

• 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.
• Requires FERC to conduct a rulemaking with public comment to determine definitions of a ''substantial alteration or addition,'' ''nonsubstantial alteration or addition,'' and ''routine maintenance, repair, or replacement.''
• Allows FERC to issue short-term licenses of 10-20 years for hydrokinetic energy projects under five megawatts of installed capacity.
• Requires FERC to submit a report to Congress on the effects of these 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.

"Hydropower has powered communities across America for generations, but the federal permitting process hasn't kept pace with modern technology or common sense," said Congressman Langworthy. "Too often, operators are forced to navigate unnecessary federal red tape just to perform routine maintenance or replace equipment with identical components. That drives up costs, delays improvements, and makes it harder to keep reliable, affordable power on the grid, while having no real impact on environmental safety. At a time when New Yorkers are being crushed by skyrocketing energy costs, this is bipartisan, common-sense legislation is essential to preserving the future of one of America's most affordable sources of electricity."

"Rivers are essential to the health of our communities, wildlife, and economy. As the House considers policies to support hydropower, it is critical that river protection remains a central priority," said American Rivers' Hydropower Reform Director Kelly Catlett. "We appreciate Representatives Schrier and Langworthy's thoughtful introduction of the FLOWS Act to build on the important work already underway at FERC, and we look forward to continuing to work with them to strengthen the legislation and ensure it advances both renewable energy and healthy rivers."

"The FLOWS Act is a commonsense, bipartisan solution that reduces red tape for routine maintenance and non-substantial work, allowing hydropower operators to stay focused on what matters most: dam safety, reliability, and keeping power affordable," said Matthew Allen, Senior Director of Legislative Affairs at the National Hydropower Association. "It also establishes a needed pathway for wave, tidal, and river-current technologies to get into the water more quickly and demonstrate their value to America's clean energy future. By modernizing outdated processes, this bill will help preserve today's hydropower fleet while unlocking tomorrow's innovation. NHA thanks Reps. Langworthy and Schrier for introducing this legislation in the House as well as Senators Lisa Murkowski and Angus King for shepherding the Senate companion bill. NHA looks forward to working with these water power champions to move the bill through Congress as quickly as possible."

"The FLOWS Act will encourage more investment in existing hydropower supporting reliability, safety, and affordability without triggering unnecessary regulatory processes for non-substantial project modifications or routine maintenance conducted under existing federal licenses. Thank you, Congresswoman Schrier, for advancing this important legislation," said Kirk Hudson, general manager of Chelan County Public Utility District.

"The University of Washington is proud to be at the cutting edge of research for hydrokinetic technologies that produce clean energy and minimize environmental impact," said Brian Polagye, former Director of the Pacific Marine Energy Center. "With this legislation, new permitting pathways for hydrokinetics can play a crucial role in scaling up prototypes and demonstrating reliability. I thank Representatives Schrier and Langworthy for their work to help meet our state's growing clean energy demand and lower costs for ratepayers."

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