FLOWS Act
HR 9806 modernizes federal hydropower regulation by clarifying alterations/maintenance of existing works and creating a licensing pathway for micro hydrokinetic projects.
HR 9806 modernizes federal hydropower regulation by clarifying alterations/maintenance of existing works and creating a licensing pathway for micro hydrokinetic projects.
HR 9806 seeks to amend the Federal Power Act to address three areas:
- alterations and maintenance/repair of existing hydro project works
- licensing and regulatory treatment of micro hydrokinetic energy projects
- related provisions to support or clarify federal oversight of hydroelectric resources
The bill appears designed to streamline or recalibrate regulatory requirements for ongoing project modifications and to create a formal licensing pathway for small-scale, hydrokinetic energy projects.
Alterations, maintenance, and repair of project works (FPA framework):
The bill changes or clarifies how alterations to existing hydroelectric project structures (such as dams, diversion works, powerhouses, penstocks, and other facilities) are treated under the Federal Power Act. This could affect permitting timelines, safety reviews, and federal oversight for routine maintenance versus major alterations.
Licensing of micro hydrokinetic energy projects:
The bill introduces or formalizes a licensing regime for micro hydrokinetic projects. Micro hydrokinetic technologies typically harvest energy from moving water (such as tidal or stream flows) without large dams. This provision aims to provide a clear regulatory path, likely including eligibility criteria, permit terms, environmental review expectations, and potential cost or standard requirements for small-scale projects.
Other related purposes:
The text suggests additional provisions to support administration under the Federal Power Act in the context of evolving hydropower technologies and maintenance needs, with a focus on balancing safety, environmental considerations, and energy development.
Hydroelectric project owners and operators:
Those with existing federal licenses or those planning alterations to project works would be subject to clarified or updated regulatory requirements.
Micro hydrokinetic developers:
Entities pursuing small-scale hydrokinetic projects would gain a defined licensing pathway, potentially affecting project approval timelines and compliance obligations.
Regulatory agencies:
Federal agencies responsible for hydropower licensing and safety reviews (notably those under the Federal Power Act) would implement and enforce the updated provisions.
Legislative action:
HR 9806 was introduced in the House and referred to the House Committee on Energy and Commerce on July 21, 2026. The action history indicates standard committee consideration steps pending further action by the full House or Senate.
Potential implementation timeline:
As a bill not yet enacted, timelines depend on committee action, floor consideration, and potential conference negotiations. If enacted, the licensing provisions for micro hydrokinetic projects would likely include transition rules or phased implementation, but specific dates are not provided in the summary.
Compiled from official sources — confirm details with the bill’s official record.
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