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Bill

S 3518

FLOWS Act

119th Congress Introduced by Steve Daines and 2 co-sponsors

Amends the Federal Power Act to ease alterations/maintenance of hydro projects and license micro hydrokinetic devices, balancing safety with expanded small-scale renewables.

Committee on Energy and Natural Resources Subcommittee on Water and Power. Hearings held.
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Bill Summary · S 3518

Summary of Bill S.3518

Overview

  • Bill Number: S. 3518
  • Title: A bill to amend the Federal Power Act to address certain alterations in, and the maintenance and repair of, project works, to provide for the licensing of micro hydrokinetic energy projects, and for other purposes.
  • Status: Introduced in the Senate
  • Introduced: January 28, 2025
  • Primary Sponsor: Sen. Jessica Scarcella-Spanton
  • Related Bills: S. 8516 (prior-session), S. 5577 (prior-session), A. 3129 (companion)

Note: The legislative actions listed include some apparent inconsistencies (e.g., committee referrals to seemingly unrelated committees), but reflect the documented actions provided in the bill record.

Purpose and Intent

S. 3518 aims to:
- Reform certain provisions of the Federal Power Act to address changes and activities related to the physical works of hydropower projects.
- Establish a licensing framework for micro hydrokinetic energy projects (i.e., small-scale energy projects that generate power from moving water using hydrokinetic technologies).
- Provide for maintenance, repair, and alterations of project works without compromising project safety, reliability, or environmental compliance.

Key Provisions (Expected Elements)

While the full text is not provided here, the bill’s description suggests these core aims:

  1. Alterations and Maintenance of Project Works

    • Clarify when and how alterations (modifications) to dam, canal, intake, spillway, powerhouse, and other project features may proceed.
    • Define processes to ensure safety, reliability, and environmental protections during maintenance and alterations.
    • Potentially update regulatory standards or timelines for routine repairs versus major reconstructive work.

  2. Licensing of Micro Hydrokinetic Energy Projects

    • Create or expand a licensing framework under the Federal Power Act for micro hydrokinetic devices (small-scale turbines or similar technology in moving water).
    • Establish eligibility, application procedures, review criteria, and milestones for licenses.
    • Determine license terms, conditions, and potential integration with existing hydropower licenses or exemptions.

  3. Interagency and Environmental Considerations

    • Align licensing and alteration procedures with environmental review requirements (e.g., impact assessments, fish and wildlife protections, water quality standards).
    • Coordinate with relevant federal and possibly state authorities to streamline permitting for micro projects.

Who Is Affected

  • Hydropower Project Owners and Operators: Those responsible for existing dam and project works may face updated procedures for alterations, maintenance, and safety requirements.
  • Micro Hydrokinetic Developers: Developers of small-scale hydrokinetic energy projects seeking federal licenses under the amended framework.
  • Federal Agencies: Likely the Federal Energy Regulatory Commission (FERC) and other agencies involved in the licensing and oversight of hydropower projects, as well as environmental agencies responsible for compliance reviews.
  • Environmental and Stakeholder Groups: Those concerned with ecological impacts, fish passage, water quality, and habitat protection.

Procedural and Timeline Aspects

  • Introduced: January 28, 2025
  • Committee Actions (as listed):
    • January 28, 2025: Referred to committees (noted as “Alcoholism and Substance Use Disorders” in the record, which appears to be an anomaly; standard pathway would involve the Senate Committee on Energy and Natural Resources and the Senate Judiciary or Commerce/Environment panels, etc.).
    • May 22, 2025: Reported and committed to the Finance Committee (listed twice).
    • December 17, 2025: Read twice and referred to the Committee on Energy and Natural Resources (Introduced in Senate and referred to Energy and Natural Resources in the recorded action).
  • Implications: As a bill at the introduction stage with subsequent referrals and “reported and committed” actions, enactment would require passage by both Senate committees and full Senate, then reconciliation with any House companion or related legislation (noting there is a companion and prior-session related bills).

Additional Context

  • Sponsors and Related Legislation: Primary sponsor Sen. Jessica Scarcella-Spanton; related bills include S. 8516, S. 5577, and A. 3129 (companion). These connections may indicate a broader legislative effort to modernize hydroelectric licensing and micro-scale energy deployment.

Potential Impact

  • Could streamline or modernize licensing for small hydro projects and micro hydrokinetic devices.
  • Might reduce regulatory friction for maintenance and safe alterations of existing hydropower works.
  • Could expand opportunities for distributed, renewable energy generation while maintaining environmental safeguards.

Compiled from official sources — confirm details with the bill’s official record.

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