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Priority review Rule Amended Final

Hydropower Construction Deadline Extensions and License Reinstatement Under Federal Power Act

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Summary

S. 1020 authorizes FERC to extend hydropower project construction deadlines by up to 6 additional years for projects licensed before March 13, 2020. The Act also allows FERC to reinstate licenses that expired between December 31, 2023 and the date of enactment, backdating effectiveness to the original expiration date.

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What changed

This Act amends Section 13 of the Federal Power Act to authorize FERC to grant extensions beyond the standard 8-year construction commencement requirement for covered hydropower projects. Extensions are limited to 6 years total, structured as three consecutive 2-year periods, and require reasonable notice and good cause shown. The Act also creates a license reinstatement mechanism for projects whose construction deadlines expired between December 31, 2023 and enactment.

Hydropower developers holding FERC licenses for projects licensed before March 13, 2020 may benefit from extended construction timelines and reinstatement of expired licenses. Energy companies engaged in hydropower development should review their license status, assess whether construction deadlines have been or may be missed, and consider requesting extensions under this new authority.

Archived snapshot

Apr 20, 2026

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  1. 1020 119CONGRESS TH1S STESSION

AN ACT

To require the Federal Energy Regulatory Commission to extend the time period during which licensees are re- quired to commence construction of certain hydropower projects.

Be it enacted by the Senate and House of Representa-1 tives of the United States of America in Congress assembled, 2

SECTION 1. EXTENSION OF TIME TO COMMENCE CON-1 STRUCTION OF CERTAIN HYDROPOWER 2 PROJECTS. 3

.--In this sec-4(a) DPEEFINITION OFCOVEREDEROJECT tion, the term ''covered project'' means a hydropower 5 project with respect to which the Federal Energy Regu-6 latory Commission issued a license before March 13, 2020. 7 .--Notwith-8(b) AUTHORIZATION OFXTENSION standing section 13 of the Federal Power Act (16 U.S.C. 9 806), on the request of a licensee of a covered project, 10 the Federal Energy Regulatory Commission may, after 11 reasonable notice and for good cause shown, extend in ac-12 cordance with subsection (c) the period during which the 13 licensee is required to commence construction of the cov-14 ered project for not more than an additional 6 years be-15 yond the 8 years authorized by that section. 16 .--An extension of time 17(c) PERIOD OFXTENSION to commence construction of a covered project under sub-18 section (b) shall-- 19 (1) consist of not more than 3 consecutive 2- 20 year periods; 21 (2) begin on the date on which the final exten-22 sion of the period for commencement of construction 23 granted to the licensee under section 13 of the Fed-24 eral Power Act (16 U.S.C. 806) expires; and 25

† S 1020 ES

(3) end on the date that is not more than 6 1 years after the latest date to which the Federal En-2 ergy Regulatory Commission is authorized to extend 3 the period for commencement of construction under 4 that section. 5 .--If the 6(d) R E LEINSTATEMENT OF XPIRED ICENSE time period required under section 13 of the Federal 7 Power Act (16 U.S.C. 806) to commence construction of 8 a covered project expires after December 31, 2023, and 9 before the date of enactment of this Act-- 10 (1) the Federal Energy Regulatory Commission 11 may reinstate the license for the applicable project 12 effective as of the date of expiration of the license; 13 and 14 (2) the extension authorized under subsection 15 (b) shall take effect on the date of that expiration. 16 Passed the Senate July 29, 2025. Attest:

Secretary.

† S 1020 ES

To require the Federal Energy Regulatory Commis- 119 certain hydropower projects. censees are required to commence construction of sion to extend the time period during which li- 1 TH ST CONGRESS S

ESSION

AN ACT S. 1020

Named provisions

Extension of Time to Commence Construction of Certain Hydropower Projects

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Last updated

Classification

Agency
US Congress
Instrument
Rule
Legal weight
Binding
Stage
Final
Change scope
Substantive
Document ID
S. 1020, 119th Congress

Who this affects

Applies to
Energy companies
Industry sector
2210 Electric Utilities
Activity scope
Hydropower licensing Construction deadlines License extensions
Threshold
Hydropower project with FERC license issued before March 13, 2020
Geographic scope
United States US

Taxonomy

Primary area
Energy
Operational domain
Compliance
Topics
Environmental Protection

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