PolicyBrief
H.R. 2072
119th CongressJan 21st 2026
To require the Federal Energy Regulatory Commission to extend the time period during which licensees are required to commence construction of certain hydropower projects.
AWAITING HOUSE

This bill allows the Federal Energy Regulatory Commission to grant up to a six-year extension for commencing construction on certain hydropower projects and permits the reinstatement of expired licenses.

Dan Newhouse
R

Dan Newhouse

Representative

WA-4

LEGISLATION

Hydropower Projects Get Up to 6 More Years to Start Construction, Expired Licenses Can Be Reinstated

Alright, let's talk about some changes that could impact how we get our power, specifically from hydropower. This new bill is all about giving certain hydropower projects a longer leash to get off the ground. Basically, if a project got its license from the Federal Energy Regulatory Commission (FERC) before March 13, 2020, and it hasn't started construction yet, its owners can now ask for up to an additional six years to break ground. And here’s a kicker: if a project’s construction deadline already passed after December 31, 2023, FERC can actually bring that license back from the dead, as long as there’s a good reason for the delay.

The Clock Just Got Longer

So, what does this actually mean? For starters, it means some hydropower projects that were on the clock to start building now have a lot more breathing room. We're talking about an extra six years, broken down into three two-year chunks. Think of it like a contractor who keeps pushing back the start date on your home renovation, but legally. This extension kicks in after any previous extensions they might have already snagged under the old rules. The big catch? FERC has to find "good cause" for the extension. That phrase, "good cause," is a bit like a choose-your-own-adventure book; it could mean a lot of things, from supply chain headaches to unexpected economic downturns. This broad interpretation could be a double-edged sword: it might save genuinely stalled but viable projects, or it could just kick the can down the road for others.

Bringing Licenses Back from the Brink

Now, for the projects whose construction deadlines have already come and gone since December 31, 2023, this bill offers a lifeline. FERC can actually reinstate those expired licenses. Imagine you missed a deadline for a critical permit, and suddenly, the government says, "No worries, we can just reactivate that for you." While that might sound like a relief for project developers, it's worth considering the flip side. When a license expires, it often opens the door for a fresh look at the project, potentially allowing for updated environmental reviews or new proposals for the site. By reinstating old licenses, this bill could bypass some of those re-evaluation opportunities, which might not sit well with environmental groups or local communities who might have wanted a second chance to weigh in on a project that's been dormant for years.

Who Benefits and Who Bears the Cost?

On one hand, this bill is a clear win for hydropower project owners and developers who have faced unexpected delays. It gives them a second, third, or even fourth chance to get their projects going, potentially bringing more renewable energy online. For folks in the energy sector, this could mean more stability and predictability for long-term infrastructure investments. On the other hand, there are groups who might see this as less than ideal. Environmental organizations and local communities near these proposed projects might be concerned about the extended timelines. They might have hoped that expired licenses would lead to a re-evaluation of projects, especially if new information or environmental concerns have emerged since the original license was granted. Essentially, it keeps existing plans on the table longer, which could mean delaying new, potentially more beneficial, or less impactful projects from even being considered.