PolicyBrief
H.R. 9806
119th CongressJul 21st 2026
Fair Licensing for Operations of Water Structures Act
IN COMMITTEE

The FLOWS Act streamlines hydropower regulation by exempting routine maintenance and emergency repairs from FERC approval while establishing an expedited licensing process for small-scale, non-impoundment hydrokinetic energy projects.

Nicholas Langworthy
R

Nicholas Langworthy

Representative

NY-23

LEGISLATION

New FLOWS Act Streamlines Hydropower Repairs and Speeds Up Small-Scale Wave Energy Projects

The FLOWS Act is a major push to cut through the red tape currently slowing down water-based energy projects. At its core, the bill does two big things: it lets existing hydropower plants handle routine repairs without waiting for a hall pass from the federal government, and it creates a fast-track lane for tiny, high-tech energy projects that pull power from tides and currents. By updating the Federal Power Act, the bill aims to stop the Federal Energy Regulatory Commission (FERC) from micromanaging every minor bolt-tightening at a dam, while simultaneously setting a one-year deadline for licensing small "micro" projects that don't require building new dams.

Cutting the Red Tape on Repairs

For the people who run our existing hydropower plants, this bill is like finally getting a "skip the line" pass for basic maintenance. Currently, even minor changes can get stuck in a bureaucratic loop at FERC. Under Section 2, operators would no longer need prior approval for routine upkeep, repairs, or emergency fixes caused by things like extreme weather or equipment failure. Think of it like a homeowner being allowed to fix a leaky roof without waiting months for a city permit. However, the bill draws a line at "substantial alterations"—major changes that still require a full check-up. The catch? FERC has 180 days to officially define what counts as "substantial" versus "routine." If you live near a dam, this means repairs might happen faster, but it also means there’s less public oversight on what the operators claim is just a "routine" fix.

Fast-Tracking the Next Wave of Energy

The second half of the bill is a win for tech startups and coastal communities looking for clean power. It introduces a streamlined process for "micro hydrokinetic" projects—think small underwater turbines or wave-energy buoys that generate 5 megawatts or less (enough to power roughly 4,000 homes) without needing a dam. Section 3 mandates that FERC must decide on these license applications within just one year. For a small business owner or a local municipality trying to get a green energy project off the ground, this is a massive shift from the usual multi-year slog. To keep things moving, the bill even allows for "categorical exclusions," which is policy-speak for skipping some of the most intense environmental paperwork for projects that don't disturb the water much.

The Balancing Act: Safety and Speed

While the bill is all about speed, it tries to keep the guardrails on. It specifically states that FERC doesn't lose its power to enforce safety rules or inspect dams. If you’re worried about dam safety, the bill preserves the right for the government to step in before work starts if there’s a safety concern. The real-world challenge will be in the implementation. Federal agencies that usually take years to review environmental impacts are now being told they have to play nice and stick to a joint schedule. If these agencies can't coordinate, the one-year deadline for new projects might be hard to hit. Additionally, environmental groups will likely be watching closely to ensure that "streamlined" doesn't become a code word for "skipping the fine print" on local ecosystem protection.