Arkansas 2025 Regular Session

Arkansas House Bill HB1409 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	Stricken language would be deleted from and underlined language would be added to present law.
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3	3	State of Arkansas 1
4	4	95th General Assembly A Bill 2
5	5	Regular Session, 2025 HOUSE BILL 1409 3
6	6	4
7	7	By: Representative Long 5
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10	10	For An Act To Be Entitled 8
11	11	AN ACT TO AMEND THE LAW REGARDING ENERGY; TO CREATE 9
12	12	THE ELECTRIC RELIABILITY ACT; AND FOR OTHER PURPOSES. 10
13	13	11
14	14	12
15	15	Subtitle 13
16	16	TO AMEND THE LAW REGARDING ENERGY; AND 14
17	17	TO CREATE THE ELECTRIC RELIABILITY ACT. 15
18	18	16
19	19	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 17
20	20	18
21	21	SECTION 1. Arkansas Code Title 23, Chapter 18, is amended to add an 19
22	22	additional subchapter to read as follows: 20
23	23	21
24	24	Subchapter 13 — Electric Reliability Act 22
25	25	23
26	26	23-18-1301. Title. 24
27	27	This subchapter shall be known and may be cited as the "Electric 25
28	28	Reliability Act". 26
29	29	27
30	30	23-18-1302. Legislative findings. 28
31	31	The General Assembly finds that: 29
32	32	(1) Arkansas residents, including families and industries in 30
33	33	this state, depend on reliable and affordable electric utility service for 31
34	34	innumerable things they do, from operating lifesaving medical equipment to 32
35	35	operating lifesaving building temperature and humidity control; 33
36	36	(2) Electric utility service demand must be met with instant 34
37	37	electric utility service supply or interruptions of electric utility service 35
38	38	result; 36 HB1409
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41	41	(3) In 2022, two hundred thirty (230) coal plants, that produce 1
42	42	twenty percent (20%) of American electric utility service, were targeted for 2
43	43	closure by activist groups, state and federal regulators, and utility 3
44	44	companies, with dozens of coal plants across the United States slated for 4
45	45	closure in the next three (3) years; 5
46	46	(4) Also in 2022, eighty thousand (80,000) wind towers produced 6
47	47	nine percent (9%) of electric utility service in the United States, and 7
48	48	approximately six thousand (6,000) wind towers are added per year, but at 8
49	49	least seven hundred fifty thousand (750,000) more wind towers are needed to 9
50	50	replace coal and natural gas generation, and sufficient battery storage is 10
51	51	needed to cover the seventy percent (70%) of the time during which wind 11
52	52	towers produce little to no electric utility service; 12
53	53	(5) Solar energy produced less than three percent (3%) of 13
54	54	electricity in the United States in 2022, and only produces electricity 14
55	55	during daylight hours when the sun shines, producing little or no electricity 15
56	56	during daily peak demands of 5:00 p.m. to 9:00 p.m.; 16
57	57	(6) The North American Electric Reliability Corporation, the 17
58	58	regional transmission organizations, Midcontinent Independent System 18
59	59	Operator, and Pennsylvania -New Jersey-Maryland Interconnection have warned 19
60	60	that large swathes of the United States face elevated risks of electric 20
61	61	utility service shortfalls now and in the future; 21
62	62	(7) Restricting the supply of electric utility service without 22
63	63	immediate substitutes jeopardizes reliability and affordability and will 23
64	64	cause interruptions of electric utility service, often when needed most, 24
65	65	during the hottest and coldest months; 25
66	66	(8) Electric utility service in the United States has remained 26
67	67	static for the last twenty (20) years, yet investments in new electric power 27
68	68	generation have accelerated; 28
69	69	(9) Rising electric utility service prices and decreased 29
70	70	reliability will contribute to overall inflation; 30
71	71	(10) America's coal and natural gas plants should not be 31
72	72	recklessly decommissioned or regulated out of existence. Instead, they 32
73	73	should be kept online and readily available to provide flexibility for 33
74	74	national security in times of war, economic security, supply security, price 34
75	75	stability, and reliability; 35
76	76	(11) Winter storms have caused millions to lose electric utility 36 HB1409
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79	79	service for extended periods, costing lives and billions of dollars in 1
80	80	damages because of electric utility service shortages and outages; 2
81	81	(12) The affordability and reliability of electric service is of 3
82	82	major importance to low -income Arkansans because they spend the largest 4
83	83	percentage of their income on energy and are harmed the most by high energy 5
84	84	prices; and 6
85	85	(13) Arkansas will use all means necessary to protect this 7
86	86	state's electric utility service reliability because regulation of electric 8
87	87	utility service and pollutants are not among the constitutionally delegated 9
88	88	powers assigned to the United States Government and are reserved to the state 10
89	89	under the Tenth Amendment to the United States Constitution. 11
90	90	12
91	91	23-18-1303. Reliability and availability of electric generation 13
92	92	facilities — Definitions. 14
93	93	(a) As used in this section: 15
94	94	(1)(A) "Dispatchable" means a source of electric utility service 16
95	95	that: 17
96	96	(i) Is readily available for use on demand and can 18
97	97	be dispatched upon request of a power grid operator; or 19
98	98	(ii) Can have its power output adjusted according to 20
99	99	market needs, except for routine maintenance or repairs. 21
100	100	(B) "Dispatchable" includes on -demand power; 22
101	101	(2) "Electric generation facility" means a facility that uses 23
102	102	hydroelectric, coal, natural gas, or nuclear fuel to generate reliable or 24
103	103	dispatchable electric utility service to a retail customer for compensation; 25
104	104	(3)(A) "Firm power" means dispatchable, reliable power 26
105	105	generation and battery storage of more than twenty -four (24) hours. 27
106	106	(B) "Firm power" does not include power that is not 28
107	107	dispatchable; and 29
108	108	(4) "Reliable" means a source of electric utility service that: 30
109	109	(A) Is not subject to intermittent availability; 31
110	110	(B) Has a performance standard of eighty percent (80%) or 32
111	111	higher; and 33
112	112	(C) Has a performance standard that only falls below 34
113	113	eighty percent (80%) during routine maintenance or repairs. 35
114	114	(b)(1) The Arkansas Public Service Commission shall not authorize or 36 HB1409
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117	117	approve the retirement of an electric generation facility as proposed in a 1
118	118	rate case, integrated resource plan, or other submission to the commission 2
119	119	until there is an equal or greater contracted new means of firm power 3
120	120	available on the electric grid to replace the loss of firm power brought 4
121	121	about by the proposed closure of the electric generation facility. 5
122	122	(2) An equal or greater contracted new means of firm power under 6
123	123	subdivision (b)(1) of this section shall not be from any future prospects. 7
124	124	(c)(1) In assessing the amount of replacement firm power needed under 8
125	125	subdivision (b)(1) of this section, the commission shall consider imminent 9
126	126	and planned closures of electric generation facilities in other states of the 10
127	127	member regional transmission organizations in addition to the imminent and 11
128	128	planned closures in this state. 12
129	129	(2) If other states of the member regional transmission 13
130	130	organizations are not replacing their retired or closed electric generation 14
131	131	facilities or other means of firm power that are scheduled for retirement 15
132	132	with an equal or greater amount of firm power, the commission shall include 16
133	133	the lack of replacements to the calculations of this state's replacement of 17
134	134	firm power under subdivision (b)(1) of this section before approving the 18
135	135	proposed closure of an electric generation facility. 19
136	136	(d)(1) If the United States Government through regulation forces 20
137	137	costly upgrades or other requirements leading to the closure of existing 21
138	138	electric generation facilities, the commission shall seek a waiver from the 22
139	139	federal government until there is sufficient replacement firm power available 23
140	140	to the electric grid to replace the retired electric generation facility. 24
141	141	(2) If a waiver is requested under subdivision (d)(1) of this 25
142	142	section but is not granted, the commission shall seek a court injunction and 26
143	143	bring litigation against the implementation of the closure of an electric 27
144	144	generation facility. 28
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