The National Hydropower Association urges Congress to support S. 3518, the FLOWS Act, bipartisan legislation to modernize federal hydropower regulation, reduce unnecessary permitting delays, and accelerate deployment of emerging marine and hydrokinetic technologies. 

Hydropower is America’s largest source of renewable electricity and a cornerstone of grid reliability and energy security. However, outdated regulatory interpretations and one-size-fits-all permitting frameworks are increasingly diverting limited resources away from safety, reliability, and innovation. 

The FLOWS Act takes two targeted, commonsense steps to ensure federal oversight remains rigorous while better aligned with today’s hydropower fleet and next-generation water power technologies. 

Please contact your U.S. Senators and urge them to cosponsor S. 3518, the FLOWS Act. 

Key Talking Points

1. Clarifies Federal Power Act Definitions for Routine Maintenance 

• The FLOWS Act clarifies that non-substantial alterations at existing hydropower facilities do not require a full license amendment under the Federal Power Act.
• In recent years, FERC has increasingly required license amendments for routine maintenance and operational activities that are already contemplated under existing licenses.
• These unnecessary amendments:
  • Tie up regulatory staff in avoidable paperwork
  • Divert attention and resources from relicensing efforts
  • Delay critical dam safety, grid reliability, and resiliency upgrades
• Clarification will allow project owners to focus on maintaining safe, reliable operations without weakening environmental protections.

2. Establishes a New Permitting Pathway for Marine and Hydrokinetic Technologies 

• Marine and hydrokinetic technologies — including wave and tidal energy — are small-scale, emerging technologies with significant clean energy potential.
• Today, these projects are forced through the traditional FERC licensing process, originally designed in 1920 for large conventional dams.
• This outdated framework slows innovation and creates unnecessary barriers for technologies that pose fundamentally different risk profiles.
• The FLOWS Act creates a tailored process to speed deployment, reduce costs, and help innovative water power technologies reach the water and the market faster.

Need Support or Want to Follow Up?

Refer House and Senate offices to:
📧 Matthew Allen – matthew@hydro.org

📧 Erika Ose - erika@hydro.org