WASHINGTON, D.C. –U.S. Senators Angus King (I-ME), a member of the Energy and Natural Resources Committee (ENR), and Lisa Murkowski (R-AK) have introduced bipartisan legislation to accelerate and reform the permitting process for hydropower and marine energy projects. The Fair Licensing for Operations of Water Structures (FLOWS) Act would better tap hydropower’s full potential by reducing administrative burdens on project developers and making federal decision-making on licensing more efficient.

Current federal permitting processes for hydropower and marine energy projects contain redundancies and inefficiencies that unnecessarily delay project work and increase costs. Under existing requirements, routine maintenance and in-kind replacements at hydropower facilities often require prior approval from the Federal Energy Regulatory Commission (FERC), resulting in months-long delays for activities that do not affect project operations, safety, or environmental performance.

“Hydropower is an integral piece of a successful ‘all-of-the-above’ energy strategy, but is underutilized due to the existing burdensome permitting process,” said Senator King. “The FLOWS Act is a commonsense step to streamline the licensing and permitting of this crucial renewable energy source and can help create reliable, clean, and affordable energy for Maine people and Americans for years to come.”

“Hydropower is one of Alaska’s most abundant resources, providing clean, consistent, and affordable baseload power to communities across our state, but it remains underutilized and subject to unnecessary permitting delays,” said Senator Murkowski. “Operators shouldn’t have to wait months—or even years—for approval to perform routine maintenance or make minor, non-impactful changes. The targeted, practical reforms in my FLOWS Act better reflect how modern hydropower facilities operate and will help lower energy costs for Alaskan families. I’m also proud to lead on the reauthorization of the Water Power Research and Development Act, which will reauthorize the Water Power Technologies Office and ensure the Department of Energy focuses on marine energy across the country for another five years. This Office, which I championed in the Energy Act of 2020, has made seven awards to marine energy projects in Alaska over the last 15 years, helping to broaden our energy portfolio across the state.”

Federal permitting frameworks were developed primarily for large, traditional hydropower facilities and have not kept pace with advances in innovative marine and hydrokinetic energy technologies that generate electricity from tides, waves, and river currents. As a result, these low-impact technologies face regulatory hurdles that were never intended for their scale or design.

The FLOWS Act aims to chart the course for a reformed hydropower and marine energy permitting process through the following improvements:

• Releases hydropower project developers from seeking FERC approval for non-substantial alterations or additions; routine maintenance, repair, or replacement; or seasonal or temporary adjustments in response to circumstances beyond the project’s control.
• Allows FERC to issue short-term licenses of 10–20 years for micro hydrokinetic energy projects, defined as marine energy projects with under five megawatts of installed capacity.
• Establishes a two-year statutory timeline for FERC to act on micro hydrokinetic energy project applications and requires the Commission to promulgate regulations to implement this timeline within 180 days of the bill’s enactment.
• Requires FERC to submit a report to Congress on the effects of licensed micro hydrokinetic projects on the environment, economy, and electricity reliability and affordability no later than five years after the bill’s enactment or after the first 50 licensed projects have been operational for one year.

King and Murkowski are joined on the legislation by U.S. Senator Ron Wyden (D-OR).

As a member of the Senate Energy and Natural Resources Committee, Senator King is a national leader in advocating for climate solutions that support Maine communities and has been one of the Senate’s most vocal advocates for improving renewable energy technologies and development as a way to unlock America’s clean energy future. He has repeatedly emphasized the importance of permitting reform to unlocking the promise of clean energy development opportunities created in the historic Inflation Reduction Act . He has stressed the importance of streamlining and speeding project timelines while maintaining environmental standards to the Secretaries of Energy and Interior.

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