H.R. 9806 — FLOWS Act

This section limits Federal Energy Regulatory Commission approval under section 10(b) of the Federal Power Act to substantial alterations or additions to hydropower project works or operations, and exempts nonsubstantial alterations and temporary variances necessitated by extreme weather, natural disasters, equipment failures, or other unforeseen circumstances. It also exempts routine maintenance, repair, or replacement from approval or license amendment requirements under section 10(c), directs the Commission to issue a notice of proposed rulemaking within 90 days of enactment and promulgate final standards and a determination process within 180 days thereafter, and preserves the Commission's existing safety-related authorities and consultation powers.

This section authorizes the Federal Energy Regulatory Commission to issue 10- to 20-year licenses for micro hydrokinetic energy projects with an installed capacity of not more than 5 megawatts that generate electricity from waves, tides, currents, or free-flowing water without impounding water. It creates an expedited licensing process with a 1-year deadline for final Commission action, requires joint agency schedules, directs the Commission to issue implementing regulations including NEPA categorical exclusions within 180 days, and requires a report to Congress on environmental, economic, and electricity reliability impacts within 5 years or after the first 50 projects have operated for 1 year.