PolicyBrief
S. 1020
119th CongressApr 21st 2026
A bill to require the Federal Energy Regulatory Commission to extend the time period during which licensees are required to commence construction of certain hydropower projects.
HOUSE PASSED

This bill extends the construction commencement deadline for certain hydropower projects licensed before March 13, 2020, by up to six additional years.

Steve Daines
R

Steve Daines

Senator

MT

PartyTotal VotesYesNoDid Not Vote
Republican
2171871416
Democrat
21320706
LEGISLATION

New Bill Offers Hydropower Projects Up to 6 More Years to Start Construction, Reinstates Some Expired Licenses

Alright, let's talk about a new bill that's looking to give some hydropower projects a serious time extension. This legislation basically tells the Federal Energy Regulatory Commission (FERC) that they can grant certain hydropower projects up to six additional years to actually get construction going. We're talking about projects that got their initial license from FERC before March 13, 2020. The kicker? If a project's original construction deadline already passed after December 31, 2023, but before this bill becomes law, FERC can even bring that license back from the dead.

The Long Haul for Hydropower

So, what's the deal here? Normally, hydropower projects get eight years to start construction after their license is issued. This bill, specifically in Section 1, says if you're a 'covered project'—meaning your license came through before that March 2020 date—you can ask for more time. FERC can then dish out up to three consecutive two-year extensions, totaling six extra years. But it's not a free pass; the licensee has to show 'good cause' for the delay and FERC needs to give 'reasonable public notice' before signing off on it. For folks juggling rising costs and tight schedules, an eight-year lead time already sounds pretty generous, so another six years on top of that is a significant chunk of time.

Bringing Licenses Back from the Brink

Here's where it gets interesting for projects that might have hit a snag recently. If a project's construction deadline expired anytime after December 31, 2023, but before this bill makes it into law, FERC has the power to reinstate that expired license. If that happens, the new six-year extension period starts from the original expiration date. Think about a small business owner who had all their permits lined up for a big expansion, but then a supply chain nightmare or unexpected economic downturn threw a wrench in their plans. This provision could be their second chance, allowing them to pick up where they left off without having to jump through all the initial hoops again.

Who Benefits, Who Pays?

On one hand, this bill could be a lifeline for hydropower developers who've faced legitimate delays—maybe due to the pandemic's ripple effects, supply chain issues, or other unforeseen circumstances. It allows them to potentially complete projects that might otherwise be abandoned, which could eventually contribute to our energy grid. For those in the energy sector, especially companies with these older licenses, it's a clear win, offering flexibility and breathing room.

However, there are some questions to consider. The terms 'good cause' and 'reasonable public notice' in Section 1 are a bit like open-ended questions. What exactly counts as 'good cause' for a six-year delay? And what does 'reasonable public notice' really look like in practice? For environmental groups or local communities living near these proposed projects, these vague definitions could mean less transparency and potentially less opportunity to weigh in on projects that might have significant local impacts. Reinstating older licenses also raises a point: are these projects subject to the same environmental and regulatory standards that a brand-new application would face today? Or could this be a way to push through projects that might not meet current best practices? It's a balance between getting projects done and ensuring they meet today's expectations for sustainability and community engagement.