Official Summaries

This bill authorizes the Federal Energy Regulatory Commission (FERC) to extend construction deadlines for hydropower projects that were issued a license before March 13, 2020. FERC is authorized, upon the request of the licensees, to extend the deadline for beginning construction on such projects an additional six years beyond the eight-year extension FERC is authorized to provide under current law. The extension must consist of no more than three consecutive two-year periods.

The bill also provides that FERC may reinstate certain expired licenses for projects with construction deadlines extended under this bill, effective as of the date they expire.

This act authorizes the Federal Energy Regulatory Commission (FERC) to extend construction deadlines for hydropower projects that were issued a license before March 13, 2020. FERC is authorized, upon the request of the licensees, to extend the deadline for beginning construction on such projects an additional six years beyond the eight-year extension FERC is authorized to provide under current law. The extension must consist of no more than three consecutive two-year periods.

The act also provides that FERC may reinstate certain expired licenses for projects with construction deadlines extended under this act, effective as of the date they expire.

Current Full Text

[119th Congress Public Law 90]
[From the U.S. Government Publishing Office]



[[Page 140 STAT. 820]]

Public Law 119-90
119th Congress

                                 An Act


 
 To require the Federal Energy Regulatory Commission to extend the time 
 period during which licensees are required to commence construction of 
    certain hydropower projects. <<NOTE: May 11, 2026 -  [S. 1020]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: 16 USC 806 
note.>> 
SECTION 1. EXTENSION OF TIME TO COMMENCE CONSTRUCTION OF CERTAIN 
                              HYDROPOWER PROJECTS.

    (a) Definition of Covered Project.--In this section, the term 
``covered project'' means a hydropower project with respect to which the 
Federal Energy Regulatory Commission issued a license before March 13, 
2020.
    (b) Authorization of Extension.--Notwithstanding section 13 of the 
Federal Power Act (16 U.S.C. 806), on the request of a licensee of a 
covered project, the Federal Energy Regulatory Commission may, after 
reasonable notice and for good cause shown, extend in accordance with 
subsection (c) the period during which the licensee is required to 
commence construction of the covered project for not more than an 
additional 6 years beyond the 8 years authorized by that section.
    (c) Period of Extension.--An extension of time to commence 
construction of a covered project under subsection (b) shall--
            (1) consist of not more than 3 consecutive 2-year periods;
            (2) begin on the date on which the final extension of the 
        period for commencement of construction granted to the licensee 
        under section 13 of the Federal Power Act (16 U.S.C. 806) 
        expires; and
            (3) end on the date that is not more than 6 years after the 
        latest date to which the Federal Energy Regulatory Commission is 
        authorized to extend the period for commencement of construction 
        under that section.

    (d) Reinstatement of Expired License.--If the time period required 
under section 13 of the Federal Power Act (16 U.S.C. 806) to commence 
construction of a covered project expires after December 31, 2023, and 
before the date of enactment of this Act--
            (1) the Federal Energy Regulatory Commission may reinstate 
        the license for the applicable project effective as of the date 
        of expiration of the license; and

[[Page 140 STAT. 821]]

            (2) the extension authorized under subsection (b) shall take 
        effect on the date of that expiration.

    Approved May 11, 2026.

LEGISLATIVE HISTORY--S. 1020 (H.R. 2072):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 119-477 (Comm. on Energy and Commerce) accompanying 
H.R. 2072.
CONGRESSIONAL RECORD:
                                                        Vol. 171 (2025):
                                    July 29, considered and passed 
                                        Senate.
                                                        Vol. 172 (2026):
                                    Apr. 21, considered and passed 
                                        House.

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