On November 13, 2018, FERC issued a notice providing a schedule
for implementing S. 3021, the America's Water Infrastructure
Act of 2018 ("AWIA").
On October 23, 2018, President Trump signed the AWIA, after the
U.S. Senate passed the AWIA on October 10, 2018 (see
October 16, 2018 edition of the
WER). The AWIA amends Part 1 of the Federal Power Act
as it pertains to preliminary permits, qualifying conduit
hydropower facilities, and hydropower licenses in order to promote
hydropower development. The AWIA also requires the Commission to:
(1) initiate two rulemaking processes, within 180 days of enactment
of the AIWA, establishing expedited licensing processes to issue
and amend licenses for qualifying facilities at existing nonpowered
dams and for closed-loop pumped storage projects; (2) collaborate
with the Secretary of the Army, the Secretary of the Interior, and
the Secretary of Agriculture, to develop a list of non-powered
Federal dams with potential for
