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U.S. Rep. Nick Langworthy, R-23, and Rep. Kim Schrier, D-08, recently introduced the Fair Licensing for Operations of Water Structures (FLOWS) Act, bipartisan legislation to modernize the federal permitting process for hydropower projects by eliminating unnecessary regulatory burdens, streamlining approvals for routine maintenance, and supporting the next generation of American water energy technologies.
Hydropower is America’s oldest source of renewable electricity and remains a critical component of the nation’s energy portfolio, providing reliable, affordable electricity while supporting grid stability, flood control, and water management. However, outdated federal regulations often require operators to obtain approval from the Federal Energy Regulatory Commission (FERC) for routine maintenance and other low-risk activities, creating unnecessary delays, increasing costs, and diverting resources from improving reliability and modernizing infrastructure. The FLOWS Act updates that process while preserving FERC’s authority over dam safety and environmental protections.
“Hydropower has powered communities across America for generations, but the federal permitting process hasn’t kept pace with modern technology or common sense,” Langworthy said. "Too often, operators are forced to navigate unnecessary federal red tape just to perform routine maintenance or replace equipment with identical components. That drives up costs, delays improvements, and makes it harder to keep reliable, affordable power on the grid, while having no real impact on environmental safety. At a time when New Yorkers are being crushed by skyrocketing energy costs, this bipartisan, common-sense legislation is essential to preserving the future of one of America's most affordable sources of electricity."
The FLOWS Act would exempt routine maintenance, in-kind equipment replacements, and other non-substantial alterations at existing hydropower facilities from requiring prior FERC approval; preserve all existing environmental protections and FERC’s dam safety oversight; establish a permitting process specifically tailored for emerging wave, tidal, and river-current energy technologies; and reduce unnecessary regulatory delays and costs while improving grid reliability and supporting innovation in domestic energy production.
Current licensing requirements were largely designed around traditional large-scale hydroelectric dams and do not reflect today’s technologies or the realities of operating existing facilities. The legislation provides greater regulatory certainty while ensuring federal oversight remains focused where it matters most--protecting public safety and the environment.
"The vast majority of Washington State's energy comes from hydropower, making it essential that we efficiently maintain dams to support our communities," Schrier said. "Helping our hydropower operators perform routine maintenance, repairs, replacements, and temporary adjustments for our dams will lower energy costs, ensure reliability, and improve public safety. This bill will also support emerging clean energy research as we find new ways to produce energy without emitting greenhouse gases."
The Senate companion legislation, introduced by Senators Lisa Murkowski (R-Alaska) and Angus King (I-Maine), has already advanced through the Senate Energy and Natural Resources Committee.