S. 1020, Public Law 119-90

The law gives qualifying projects additional time to move forward and allows some recently expired licenses to be reinstated.

What the law does ​

• Allows projects licensed before March 13, 2020, to request construction-deadline extensions for good cause.
• Authorizes the Federal Energy Regulatory Commission, after reasonable notice, to grant up to three consecutive two-year extensions beyond the eight years otherwise allowed.
• Allows licenses with deadlines that expired after December 31, 2023, but before May 11, 2026, to be reinstated effective from their expiration dates.

Who it affects ​

• Hydropower developers holding qualifying federal licenses.
• The Federal Energy Regulatory Commission.

Breakdown ​

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

This law allows the Federal Energy Regulatory Commission to give certain hydropower projects more time to begin construction. Projects licensed before March 13, 2020, may receive up to six additional years, and some recently expired licenses may be reinstated.

Key takeaways

• The law applies to hydropower projects licensed by the Federal Energy Regulatory Commission before March 13, 2020.
• A licensee must request an extension, provide good cause, and receive approval after reasonable notice.
• The Commission may grant up to six additional years beyond the eight years otherwise allowed for construction to begin.
• The additional time may consist of no more than three consecutive two-year periods.
• The Commission may reinstate a covered license whose construction deadline expired after December 31, 2023, but before May 11, 2026.
• A reinstated license and its additional extension take effect from the license’s expiration date.