Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 HOUSE BILL 1198 3
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By: Representative J. Moore 5
By: Senator J. Dismang 6
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For An Act To Be Entitled 8
AN ACT TO PROHIBIT CERTAIN HEIGHTS OF WIND POWER 9
DEVICES FOR WATERFOWL CONSERVATION IN THIS STATE; TO 10
DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES. 11
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Subtitle 14
TO PROHIBIT CERTAIN HEIGHTS OF WIND 15
POWER DEVICES FOR WATERFOWL CONSERVATION 16
IN THIS STATE; AND TO DECLARE AN 17
EMERGENCY. 18
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 20
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SECTION 1. Arkansas Code Title 15, Chapter 45, Subchapter 1, is 22
amended to add an additional section to read as follows: 23
15-45-102. Wind power device height prohibition for waterfowl 24
conservation — Legislative findings — Definitions. 25
(a) The General Assembly finds that: 26
(1) Wind energy from wind farms and wind turbines is becoming an 27
increasingly large source of energy production throughout the nation; 28
(2) However, wind energy can have effects on wildlife and the 29
environment with birds, especially migratory birds like waterfowl, being at a 30
high risk of being impacted by wind power devices through collisions, 31
disorientation, and interference with seasonal migration; 32
(3) One way to minimize the impacts of wind energy on birds is 33
to keep wind power devices away from large concentrations of birds; 34
(4) The waterfowl populations in Arkansas have been declining in 35
recent years and may be greatly impacted by increased wind power devices in 36 HB1198
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the state; and 1
(5) However, waterfowl populations could recover with continued 2
conservation efforts such as restricting wind power devices of a certain 3
height from certain areas. 4
(b) As used in this section: 5
(1) "Bird band" means a federal bird band, auxiliary marker, or 6
color marker that is: 7
(A) Placed on a bird's leg; 8
(B) Used to study and identify individual birds; and 9
(C) Reported to the United States Geological Survey if the 10
bird is found or killed; and 11
(2) "Wind power device" means a device, including a windmill, 12
wind farm, or wind turbine, that is designed to use the kinetic energy of 13
moving air to provide mechanical energy or to produce electricity. 14
(c) On and after the effective date of this section, a wind power 15
device is prohibited from exceeding one hundred fifty feet (150 ft.) in 16
height if the wind power device is located within an area that is one hundred 17
square miles (100 sq. mi.) in which eleven (11) or more bird bands have been 18
collected in the previous ten (10) years. 19
(d) This section shall not apply to a wind farm or wind power device 20
if the wind farm or wind power device is under construction or is in 21
operation before January 1, 2025. 22
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SECTION 2. EMERGENCY CLAUSE. It is found and determined by the 24
General Assembly of the State of Arkansas that wind energy can have 25
detrimental effects on wildlife and the environment with birds being at a 26
greater risk of being impacted by wind power devices; that waterfowl 27
populations in this state are declining and immediate conservation is needed 28
to ensure that the waterfowl populations increase; and that this act is 29
immediately necessary to ensure conservation of waterfowl populations in this 30
state as preserving waterfowl populations contributes to the economy of this 31
state through tourism and hunting activities which directly impacts the 32
citizens of this state. Therefore, an emergency is declared to exist, and 33
this act being immediately necessary for the preservation of the public 34
peace, health, and safety shall become effective on: 35
(1) The date of its approval by the Governor; 36 HB1198
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(2) If the bill is neither approved nor vetoed by the Governor, 1
the expiration of the period of time during which the Governor may veto the 2
bill; or 3
(3) If the bill is vetoed by the Governor and the veto is 4
overridden, the date the last house overrides the veto. 5
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