Stricken language would be deleted from and underlined language would be added to present law.
Act 945 of the Regular Session
Act 945 of the Regular Session
*ANS010* 04-15-2025 09:05:31 ANS010
State of Arkansas As Engrossed: S3/20/25 H4/15/25 1
95th General Assembly A Bill 2
Regular Session, 2025 SENATE BILL 437 3
4
By: Senator Hester 5
By: Representatives Hall, Eaton 6
7
For An Act To Be Entitled 8
AN ACT TO CREATE THE ARKANSAS WIND ENERGY DEVELOPMENT 9
ACT; AND FOR OTHER PURPOSES. 10
11
12
Subtitle 13
TO CREATE THE ARKANSAS WIND ENERGY 14
DEVELOPMENT ACT. 15
16
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 17
18
SECTION 1. Arkansas Code Title 23, Chapter 18, is amended to add an 19
additional subchapter to read as follows: 20
21
Subchapter 13 — Arkansas Wind Energy Development Act 22
23
23-18-1301. Title. 24
This subchapter shall be known and may be cited as the "Arkansas Wind 25
Energy Development Act". 26
27
23-18-1302. Legislative findings and intent. 28
(a) The General Assembly finds that: 29
(1) Arkansas's wind energy resources are an important asset for 30
the: 31
(A) Continued economic growth of Arkansas; and 32
(B) Provision of clean and renewable power to the people 33
of Arkansas and the nation as a whole; 34
(2) Promotion of the development of wind energy resources is 35
important to the economic growth of Arkansas; 36 As Engrossed: S3/20/25 H4/15/25 SB437
2 04-15-2025 09:05:31 ANS010
(3) The conversion of wind energy into power for utility -scale 1
systems frequently requires large wind energy systems consisting of wind 2
turbines, electrical substations, electrical lines, and other supporting 3
systems; 4
(4) The construction, location, and operation of wind energy 5
facilities can have significant potential impacts on the health, safety, and 6
welfare of the members of the communities in which the wind energy facilities 7
are constructed; 8
(5) It is essential to the public interest to minimize any 9
adverse effect upon the environment and the quality of life of the people of 10
Arkansas that wind energy facilities might cause; 11
(6) The prudent development of wind energy resources requires 12
addressing balancing the needs of wind energy facility developers with those 13
of landowners that provide access to the wind energy resource, including 14
assurances that: 15
(A) Wind energy facilities will be properly constructed 16
and decommissioned; and 17
(B) The landowners will: 18
(i) Have access to adequate information to verify 19
the accuracy of any payments made by wind energy facilities; and 20
(ii) Be adequately protected against hazards and 21
accidents that may arise from the wind energy facilities; 22
(7) A wind energy facility, if abandoned or not properly 23
constructed and maintained, could pose a hazard to the public health, safety, 24
and welfare of the people of this state through mechanical failures, 25
electrical hazards, or the release of hazardous substances; 26
(8) In order to protect the public against health and safety 27
hazards, standards for the safe decommissioning of wind energy facilities 28
should be established, and assurance of adequate financial resources should 29
be given so that a wind energy facility can be properly decommissioned at the 30
end of the wind energy facility's useful life; and 31
(9) A local legislative body should have an opportunity to adopt 32
local legislation addressing the construction of wind energy facilities 33
located in its jurisdiction if the local legislation is consistent with this 34
subchapter and existing federal and state law and does not establish criteria 35
for the issuance of a local permit that are less restrictive than stated 36 As Engrossed: S3/20/25 H4/15/25 SB437
3 04-15-2025 09:05:31 ANS010
under this subchapter. 1
(b) It is the intent of the General Assembly that this subchapter 2
shall: 3
(1) Establish the standards and criteria for permitting and 4
regulating wind energy facilities; and 5
(2) Promote, preserve, and protect the public peace, health, 6
safety, and welfare through effective permitting and regulation of wind 7
energy facilities. 8
9
23-18-1303. Definitions. 10
As used in this subchapter: 11
(1) "Abandonment" means the failure to generate electricity in 12
commercial quantities for a period of one hundred eighty (180) consecutive 13
days unless the termination of electricity was: 14
(A) Mandated by state or federal law; or 15
(B) Authorized by the Arkansas Public Service Commission; 16
(2)(A) "Commercial quantities” means an amount of electrical 17
energy sufficient to sell or use off -site from a wind energy facility. 18
(B) "Commercial quantities" does not include amounts of 19
electrical energy only used for the maintenance or testing of the wind energy 20
facility or components of the wind energy facility; 21
(3)(A) "Construct" means the activity of clearing land, 22
excavation, relocation of utilities, a wind energy facility expansion, or 23
other action that would adversely affect the natural environment of the 24
proposed site. 25
(B) "Construct" does not include the activity of: 26
(i) An erection of a meteorological tower; 27
(ii) An environmental assessment; 28
(iii) A survey; 29
(iv) Any necessary borings to ascertain foundation 30
conditions; 31
(v) Any preliminary engineering; or 32
(vi) Any other activities associated with an 33
assessment of development of wind resources on a given parcel of property; 34
(4) "Local government" means: 35
(A) A county; 36 As Engrossed: S3/20/25 H4/15/25 SB437
4 04-15-2025 09:05:31 ANS010
(B) A city of the first class or city of the second class; 1
(C) An incorporated town; or 2
(D) Any other political subdivision of this state; 3
(5) "Local legislation" means: 4
(A) An ordinance enacted by a local legislative body; 5
(B) A resolution passed by a local legislative body; 6
(C) A motion made by a local legislative body; 7
(D) An amendment adopted by a local legislative body; or 8
(E) A rule or regulation promulgated by a local legislative 9
body; 10
(6) "Local legislative body" means the governing body of a local 11
government; 12
(7) "Nonparticipating landowner" means a landowner that is not 13
under a lease or other property agreement with the owner or operator of a wind 14
energy facility; 15
(8)(A) "Operate" means an activity associated with the management, 16
operation, and maintenance of a completed wind energy facility. 17
(B) "Operate" includes without limitation installing or 18
improving a wind energy facility; 19
(9) "Operator" means a person that operates a wind energy facility; 20
(10) "Owner" means a person that has a majority equity interest 21
in a wind energy facility; 22
(11) "Person" means a natural person, corporation, limited 23
liability company, partnership, joint venture, or other private business 24
entity; 25
(12)(A) "Proprietary information" means commercial or financial 26
information that: 27
(i) Is used directly or indirectly in the business of 28
an applicant submitting information to a local government under this subchapter; 29
and 30
(ii) Gives an applicant submitting information to a 31
local government under this subchapter an advantage or an opportunity to obtain 32
an advantage over a competitor that does not know of, or otherwise use, the 33
information. 34
(B) "Proprietary information" includes trade secrets; 35
(13) "Redevelop" means the process of replanning, reconstructing, 36 As Engrossed: S3/20/25 H4/15/25 SB437
5 04-15-2025 09:05:31 ANS010
or redesigning a wind energy facility, including the acquisition, clearance, 1
development, or disposal, or any combination of these activities, of a wind 2
energy facility; 3
(14)(A) "Transmission facility" means a power cable, 4
distribution line, or other equipment that delivers electricity from a wind 5
turbine located in Arkansas to the point of interconnection with a power 6
distribution grid, long -distance power transmission grid, or other facility 7
by and through which the electricity is distributed or transmitted to one (1) 8
or more customers. 9
(B) "Transmission facility" does not include distribution, 10
transmission, or other facilities that are located beyond the point of 11
interconnection with the power distribution grid or transmission grid; 12
(15) "Under development" means: 13
(1) Executed land leases; 14
(2) Commenced necessary state and federal studies related 15
to construction of a wind energy facility; or 16
(3) Commenced construction of a wind energy facility; 17
(16) "Useful life" means the amount of time during which a wind 18
energy facility is generating electricity in commercial quantities; 19
(17)(A) "Wind energy facility" means an electrical energy 20
generation facility consisting of one (1) or more wind turbines under common 21
ownership or operating control, that cumulatively, with any other wind energy 22
facility: 23
(i) Has a rated capacity of five megawatts (5 MW) or 24
more of electrical energy; and 25
(ii) Is more than two hundred feet (200') in height. 26
(B) "Wind energy facility" includes turbines, towers, 27
buildings, transmission facilities, meteorological towers, transformers, 28
control systems, and other associated facilities used to support the 29
operation of the wind energy facility. 30
(C) "Wind energy facility" does not include equipment that 31
when installed in connection with a dwelling transmits or uses wind energy to 32
produce electrical energy in a useful form for residential purposes and is less 33
than two hundred feet (200') in total height; 34
(18) "Wind energy facility expansion" means an activity that: 35
(A) Adds or substantially modifies a wind energy facility, 36 As Engrossed: S3/20/25 H4/15/25 SB437
6 04-15-2025 09:05:31 ANS010
including without limitation increasing the height or the number of the wind 1
turbines, transmission facilities, or other equipment; or 2
(B) Increases the environmental footprint of a wind energy 3
facility; and 4
(19)(A) "Wind turbine" means a wind energy conversion system that 5
converts wind energy into electricity using a wind turbine generator. 6
(B) "Wind turbine" includes a turbine, blade, tower, base, 7
and pad transformer, if any. 8
9
23-18-1304. Permit required. 10
(a)(1) A person shall not construct, operate, or redevelop a wind 11
energy facility or wind energy facility expansion in this state unless a 12
permit is obtained under this subchapter. 13
(2) Before a person constructs, operates, or redevelops a wind 14
energy facility or wind energy facility expansion in this state, the person 15
shall obtain: 16
(A) A permit for the construction, operation, or 17
redevelopment from the Arkansas Public Service Commission; and 18
(B) If a local government has adopted local legislation 19
addressing the construction or expansion of a wind energy facility located in 20
the jurisdiction of the local government, a permit from the local legislative 21
body. 22
(b) The commission shall establish the application procedure for a 23
permit to construct, operate, or redevelop a wind energy facility or a wind 24
energy facility expansion. 25
(c) The issuance of a permit under this subchapter is contingent on 26
compliance with this subchapter and other applicable state laws. 27
(d) Subject to the approval of the commission, a permit issued under 28
this subchapter may be transferred to a person that agrees to comply with the 29
terms of the permit. 30
(e) An initial filing fee of two thousand five hundred dollars ($2,500) 31
shall accompany each application for a permit. 32
(f) An application for a permit shall be accompanied by proof of service 33
of the written notice under § 23 -18-1305. 34
35
23-18-1305. Service — Notice requirements. 36 As Engrossed: S3/20/25 H4/15/25 SB437
7 04-15-2025 09:05:31 ANS010
(a)(1) An applicant for a permit for the construction, operation, or 1
redevelopment of a wind energy facility or a wind energy facility expansion 2
shall provide a copy of the application as written notice to: 3
(A) A person listed in § 23 -18-513; 4
(B) The Department of Parks, Heritage, and Tourism; 5
(C) The circuit clerk of each county in which the proposed 6
wind energy facility will be located; 7
(D) Any landowner and residents located within four (4) 8
miles of the proposed location of the wind energy facility or wind energy 9
facility expansion; and 10
(E) All public libraries in each county in which the 11
proposed wind energy facility or wind energy facility expansion is to be or 12
may be located for review by the public. 13
(2) The Arkansas Public Service Commission shall prescribe by 14
rule the form and submittal requirements of the written notice required under 15
subdivision (a)(1) of this section. 16
(b) The written notice required under subdivision (a)(1) of this 17
section shall include: 18
(1) A complete description of the wind energy facility, 19
including the number and size of the wind turbines; 20
(2) A map showing the locations of all proposed wind energy 21
facilities; 22
(3) The proposed timeline for construction and operation of the 23
wind energy facility; and 24
(4) A list of locations where the application is available for 25
review by the public. 26
(c) The written notice required under subdivision (a)(1) of this 27
section shall be: 28
(1) Mailed by certified mail; and 29
(2) Directed to the address of the landowner of the real 30
property as it appears on the records in the office of the county sheriff or 31
county tax assessor for the mailing of statements for taxes as provided in § 32
26-35-705. 33
(d) An application for a permit shall be accompanied by proof that 34
notice was provided to persons residing in the local government entitled to 35
receive notice under § 23 -18-513 by publication in a newspaper having 36 As Engrossed: S3/20/25 H4/15/25 SB437
8 04-15-2025 09:05:31 ANS010
substantial circulation in the local government of: 1
(1) A summary of the application for a permit; 2
(2) A statement of the date on or about which the application is 3
to be filed; 4
(3) The locations at which a copy of the application is 5
available for review by the public; and 6
(4) The date, time, and location of the public hearings required 7
in subsection (h) of this section. 8
(e)(1) An application for a permit shall be accompanied by proof that 9
the applicant has served a copy of the written notice by certified mail to: 10
(A) An operator, as reflected in the records of the Oil 11
and Gas Commission, that is conducting oil and gas operations upon any part 12
of the surface estate on which the applicant intends to construct the wind 13
energy facility or the wind energy facility expansion; 14
(B) An operator, as reflected in the records of the Oil 15
and Gas Commission, of an unspaced unit, or a unit created by order of the 16
Oil and Gas Commission, that is conducting oil and gas operations for the 17
unspaced unit where any part of the unit area is within the geographical 18
boundaries of the surface estate on which the applicant intends to construct 19
the wind energy facility or wind energy facility expansion; and 20
(C) As to tracts of land not described in subdivisions 21
(e)(1)(A) and (B) of this section on which the applicant intends to construct 22
a wind energy facility or wind energy facility expansion, all lessees of oil 23
and gas leases covering the mineral estate underlying any part of the tracts 24
of land that are filed of record with the circuit clerk in the county where 25
the tracts are located and whose primary term has not expired. 26
(2) The service of written notice required under subdivision 27
(e)(1) of this section shall contain: 28
(A) A map or plat of the proposed location, with 29
sufficient specificity of the elements of the wind energy facility to be 30
located on the local government section that includes any part of the tracts 31
of land described in subdivisions (e)(1)(A) and (B) of this section; 32
(B) The approximate date that the applicant proposes to 33
commence construction of the wind energy facility or the wind energy facility 34
expansion; and 35
(C)(i) The return address of the applicant and a statement 36 As Engrossed: S3/20/25 H4/15/25 SB437
9 04-15-2025 09:05:31 ANS010
that the recipient of the notice, within thirty (30) days of receipt, is 1
required to provide the applicant with site and operational and 2
infrastructure information with sufficient specificity to facilitate the safe 3
construction and operation of a wind energy facility or a wind energy 4
facility expansion. 5
(ii) The information required under subdivision 6
(e)(2)(C)(i) of this section shall include American Land Title Association 7
surveys of existing subsurface and surface improvements on the real property, 8
if any, as well as other technical specifications for existing improvements, 9
including without limitation pipe size, material, capacity, and depth. 10
(f)(1) As a condition to the issuance of a permit, an applicant is 11
required to submit to the Oil and Gas Commission: 12
(A) The information provided under subdivision 13
(e)(2)(C)(i) of this section; and 14
(B) A copy of the written notice required under 15
subdivision (a)(1) of this section. 16
(2) The applicant shall obtain approval or conditional approval 17
from the Oil and Gas Commission. 18
(g) If the address of a party entitled to notice under this section 19
cannot be ascertained or the notice cannot be delivered after a reasonable 20
effort to obtain the information has been made, then an affidavit attesting 21
to the efforts to locate the party shall be placed in the records of the 22
circuit clerk where the surface estate is located. 23
(h)(1) Within sixty (60) days of the publication of the notice 24
required under subsection (d) of this section , the applicant shall conduct a 25
public hearing in each county in which the proposed wind energy facility is 26
to be constructed or expanded. 27
(2) At the public hearing under subdivision (h)(1) of this 28
section, the applicant shall: 29
(A) Provide copies of the notice required under 30
subdivision (a)(1) of this section; 31
(B) Be prepared to discuss the contents of the application 32
for a permit; and 33
(C) Provide substantive responses to questions asked by 34
members of the public regarding the application for a permit. 35
36 As Engrossed: S3/20/25 H4/15/25 SB437
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23-18-1306. Minimum requirements. 1
(a) The Arkansas Public Service Commission shall require that to 2
receive a permit for the construction, operation, or redevelopment of a wind 3
energy facility or a wind energy facility expansion, the owner shall meet the 4
following minimum requirements: 5
(1) The minimum setback for the base of any wind turbine of a 6
wind energy facility from a nonparticipating landowner's property line shall 7
be equal to the greater of: 8
(A) Three and five-tenths (3.5) times the total height of 9
the wind turbine as measured from the ground at its base to the maximum 10
height of the blade tip; and 11
(B)(i) Except as provided in subdivision (a)(1)(B)(ii) of 12
this section, two thousand five hundred feet (2,500'). 13
(ii) A nonparticipating landowner may elect to sign 14
a waiver to allow a wind turbine or group of wind turbines of a wind energy 15
facility to be placed up to one and one -tenth (1.1) times the total height of 16
the wind turbine as measured from the ground at its base to the maximum 17
height of the blade tip from the nonparticipating landowner's property line; 18
and 19
(2) The minimum setback for the base of a wind turbine of a wind 20
energy facility shall be one (1) mile from any of the following places 21
existing at the time the application for the permit is filed: 22
(A) A public or private school; 23
(B) A hospital; 24
(C) A nursing home facility; 25
(D) A church; 26
(E) The limits of a city or town; 27
(F) A state or federal park; and 28
(G) A public airport. 29
(b)(1) Except as provided in subdivision (b)(2)(A) of this section, an 30
application shall be accompanied by an environmental impact assessment 31
conducted by a qualified, third -party expert and approved by the Arkansas 32
Public Service Commission, paid for by the applicant, of the potential 33
adverse impacts within four (4) miles of the perimeter of the wind energy 34
facility or wind energy facility expansion. 35
(2)(A) An environmental impact assessment required under 36 As Engrossed: S3/20/25 H4/15/25 SB437
11 04-15-2025 09:05:31 ANS010
subdivision (b)(1) of this section shall not be required if an environmental 1
review of the wind energy facility or any portion of the wind energy facility 2
is required under the National Environmental Policy Act of 1969, 42 U.S.C. § 3
4321 et seq., as it existed on January 1, 2025, that includes public input, a 4
public hearing, an environmental impact statement, and a viewshed analysis. 5
(B) The environmental impact assessment under subdivision 6
(b)(2)(A) of this section shall include without limitation a study of the: 7
(i) Economic impacts to individuals, real property 8
values, tourism, and agriculture; 9
(ii) Assessment for compliance with state and 10
national fire, building, and electrical codes; 11
(iii) A wildlife impact assessment, including 12
without limitation a study of the potential adverse impacts to: 13
(a) Wildlife refuges; 14
(b) Preserves and management areas; 15
(c) Areas that provide habitat for threatened 16
or endangered species; 17
(d) Primary nursery areas designated by the 18
Arkansas Game and Fish Commission; and 19
(e) Critical fisheries habitats identified 20
under applicable state or federal law; 21
(iv) Viewshed analysis for: 22
(a) State and federal parks and forests; 23
(b) Historic and cultural sites; 24
(c) Public parks and recreation areas; and 25
(d) Private conservation land; 26
(v) Hydrogeological assessment of areas of water 27
within a minimum of four (4) miles of the perimeter of the wind energy 28
facility or wind energy facility expansion, including: 29
(a) Bodies of water; 30
(b) Flowing water sources; 31
(c) Stormwater runoff; 32
(d) Wetlands; 33
(e) Groundwater; 34
(f) Aquifers; and 35
(g) Private wells; 36 As Engrossed: S3/20/25 H4/15/25 SB437
12 04-15-2025 09:05:31 ANS010
(vi)(a) Risk assessment and mitigation 1
recommendations for shadow flicker and incidents, including wind turbine 2
fires, structural damage or failure, ice throw, blade shear, and hazardous 3
material spills. 4
(b) Except as provided in subdivision 5
(b)(2)(B)(vi)(c) of this section, shadow flicker shall not exceed thirty (30) 6
hours annually as verified in an assessment prepared according to 7
professional standards. 8
(c) A nonparticipating landowner may elect to 9
sign a written waiver to allow ice throw, blade shear, or shadow flicker from 10
any wind turbine or group of wind turbines on the nonparticipating 11
landowner’s property; 12
(vii) Risk assessment for civil air navigation, 13
military or law enforcement routes or training exercises, emergency medical 14
flights, radar operations, and mobile phone services; and 15
(viii) Risk assessment for lighting requirements 16
beyond that which may be required by the Federal Aviation Administration, 17
including the requirement that the wind energy facility be equipped with a 18
Federal Aviation Administration -approved aircraft detection lighting system. 19
(c)(1) Except during an event of inclement weather that prevents the 20
operator of a wind energy facility from controlling the noise level of one 21
(1) or more wind turbines that are part of the wind energy facility, any wind 22
turbine or group of wind turbines of a wind energy facility shall not exceed 23
an emission limit at a nonparticipating landowner's dwelling of thirty -five 24
A-weighted decibels (35 dBA) and forty -five A-weighted decibels (45 dBA) at a 25
nonparticipating landowner's property line as determined by a qualified, 26
third-party acoustics expert according to rules adopted by the Arkansas 27
Public Service Commission based on the American National Standards Institute 28
Standard 12.9 and other applicable American National Standards Institute 29
standards. 30
(2) Before construction of a wind energy facility or wind energy 31
facility expansion, a qualified, third -party acoustics expert, selected and 32
paid for by the applicant, shall make a baseline determination of 33
preconstruction noise levels, including modeling and enforcement. 34
(3) A nonparticipating landowner may elect to sign a written 35
waiver to allow noise levels greater than those stated under subdivision 36 As Engrossed: S3/20/25 H4/15/25 SB437
13 04-15-2025 09:05:31 ANS010
(c)(1) of this section from any wind turbine or group of wind turbines on the 1
nonparticipating landowner’s property. 2
3
23-18-1307. Application requirements. 4
(a) An application for a permit for the construction, operation, or 5
redevelopment of a wind energy facility or a wind energy facility expansion 6
shall include: 7
(1) A written determination of no hazard by the Federal Aviation 8
Administration; and 9
(2) A development and management plan. 10
(b) The development and management plan under subdivision (a)(2) of 11
this section shall address: 12
(1) Physical characteristics of the wind energy facility to 13
protect the health and safety of the public; 14
(2) Electric standards that meet all national electric codes; 15
(3) Construction, operation, and maintenance standards that 16
comply with all building codes and ensure that the wind energy facility is 17
maintained in a manner that protects the public and complies with all 18
requirements of this subchapter; and 19
(4)(A) Emergency procedures. 20
(B) The emergency procedures under this subdivision (b)(4) 21
shall include: 22
(i) A plan to provide notice to the Arkansas Public 23
Service Commission and local emergency agencies within twenty -four (24) hours 24
of an emergency; 25
(ii) A plan to address an emergency situation, 26
including written procedures that provide for shutting down the wind energy 27
facility or a portion of the wind energy facility, as appropriate; 28
(iii) An emergency evacuation plan for an area 29
within two (2) miles of a wind energy facility, including the location of 30
alternate landing zones for emergency services aircraft; 31
(iv) An emergency plan shall be reviewed at least 32
annually by the owner or operator of the wind energy facility in 33
collaboration with the fire service, law enforcement, and other appropriate 34
first responders to update and improve the emergency plan as needed; 35
(v) A plan for the owner to distribute current 36 As Engrossed: S3/20/25 H4/15/25 SB437
14 04-15-2025 09:05:31 ANS010
copies of the emergency plan to the local legislative body and fire service, 1
law enforcement, and other appropriate first responders as identified by the 2
local government; 3
(vi) A plan, if a local government requires, for the 4
owner, at the owner's expense, to provide annual training for fire service, 5
law enforcement, and other appropriate first responders regarding responding 6
to a wind energy facility emergency until the wind energy facility has been 7
decommissioned; 8
(vii) A requirement that the owner shall furnish its 9
operator, supervisors, and employees who are responsible for emergency action 10
a copy of the current edition of the emergency procedures established under 11
this section to ensure compliance with the procedures; 12
(viii) A requirement that the owner shall train the 13
appropriate operating personnel to ensure the personnel has knowledge of the 14
emergency procedures and verify that the training is effective; and 15
(ix) A plan that as soon as possible after the end 16
of a wind energy facility emergency, the owner review employee activities to 17
determine whether or not the emergency procedures were effectively followed. 18
19
23-18-1308. Decommissioning requirements. 20
(a) An owner is responsible, at the owner's expense, for the proper 21
decommissioning of a wind energy facility. 22
(b)(1) Before the start of construction of a wind energy facility, the 23
applicant for a permit for the construction or operation of the wind energy 24
facility or wind energy facility expansion shall establish financial security 25
in the amount of one hundred percent (100%) of the estimate of the total cost 26
to decommission and remove the wind energy facility as determined by an 27
independent consultant, selected and paid for by the applicant. 28
(2) To establish financial security under subdivision (b)(1) of 29
this section, the applicant shall file with the Arkansas Public Service 30
Commission a surety bond, collateral bond, irrevocable letter of credit, 31
parent guaranty, cash, cashier's check, certificate of deposit, bank joint 32
custody receipt, or other approved negotiated instrument, or any combination 33
of the items listed in this subdivision (b)(2), in the amount required by 34
subdivision (b)(1) of this section. 35
(c) A wind energy facility shall be decommissioned or removed if: 36 As Engrossed: S3/20/25 H4/15/25 SB437
15 04-15-2025 09:05:31 ANS010
(1) A wind turbine of a wind energy facility ceases to generate 1
electricity for one hundred eighty (180) continuous days, unless: 2
(A) The termination of electricity was mandated by state 3
or federal law; or 4
(B)(i) As authorized by the commission. 5
(ii) Two (2) extensions may be allowed by the 6
commission for one-hundred-eighty-day periods at a time if the wind energy 7
facility continues to be maintained in proper working order; or 8
(2)(A) Any wind turbine or group of wind turbines of a wind 9
energy facility violates the noise level restrictions under § 23 -18-10
1306(c)(1), unless the wind turbine or group of wind turbines is brought into 11
compliance within one hundred eighty (180) days of the violation. 12
(B) One (1) extension under subdivision (c)(2)(A) of this 13
section is permitted. 14
(d) Within twelve (12) months following the decommissioning of a wind 15
energy facility or wind energy facility expansion, the property shall be 16
restored to its original condition before commencement of activities on the 17
site. 18
(e) Not less than one (1) time every five (5) years following the 19
issuance of the permit by the commission, the commission may require the 20
owner to: 21
(1) Update the estimated costs of decommissioning and removal; 22
(2) File the new estimate with the commission; and 23
(3) Provide a surety bond, collateral bond, irrevocable letter 24
of credit, parent guaranty, cash, cashier's check, certificate of deposit, 25
bank joint custody receipt, or other approved negotiated instrument, or any 26
combination of the items listed in this subdivision (e)(3), in the updated 27
amount. 28
(f) Proper decommissioning of a wind energy facility shall include: 29
(1) Removal of wind turbines, towers, buildings, cabling, 30
electrical components, foundations, and any other associated facilities, to a 31
depth of forty-eight (48) inches below grade in the ground; and 32
(2)(A) Except as provided in subdivision (h)(2)(B) of this 33
section, disturbed earth being graded and reseeded or otherwise restored to 34
substantially the same physical condition as it existed before the 35
construction of the wind energy facility by the owner. 36 As Engrossed: S3/20/25 H4/15/25 SB437
16 04-15-2025 09:05:31 ANS010
(B) Replacement of trees that may have been removed during 1
construction is not required. 2
(g)(1) Decommissioning of a wind energy facility or individual pieces 3
of commercial wind energy equipment shall be completed by the owner within 4
twelve (12) months after: 5
(A) Abandonment; 6
(B) The end of the useful life of the commercial wind 7
energy equipment in the wind energy facility; or 8
(C) Receipt of a notice to decommission or remove under 9
subsection (c) of this section. 10
(2) If the owner fails to complete the decommissioning within 11
the period prescribed under subdivision (g)(1) of this section, the 12
commission shall take such measures as are necessary to complete the 13
decommissioning. 14
(h) A lease or other agreement between a landowner and an owner may 15
contain provisions for decommissioning that are more restrictive than those 16
provided under this section. 17
18
23-18-1309. Insurance requirements. 19
(a) Before commencing construction of a wind energy facility, the 20
owner or operator shall obtain and keep in effect, either: 21
(1) A commercial general liability insurance policy with a limit 22
consistent with prevailing industry standards as determined by the Arkansas 23
Public Service Commission; or 24
(2) A combination of self-insurance and an excess liability 25
insurance policy approved by the commission. 26
(b) The owner shall cause the landowner of the real property where the 27
wind turbine or wind energy facility is located to be named as an additional 28
insured in the insurance policy. 29
(c)(1) The owner or operator shall deliver to a landowner who has 30
entered into a lease, easement, or other agreement with the owner a 31
certificate of insurance evidencing the insurance policy. 32
(2) The landowner shall be given a notice of at least thirty 33
(30) days before any material modification, cancellation, or termination of 34
the insurance policy. 35
36 As Engrossed: S3/20/25 H4/15/25 SB437
17 04-15-2025 09:05:31 ANS010
23-18-1310. Applicability. 1
(a) This subchapter does not amend the Arkansas Water and Air 2
Pollution Control Act, § 8 -4-101 et seq. 3
(b) This subchapter does not affect the: 4
(1) Jurisdiction of the Division of Environmental Quality or the 5
Arkansas Pollution Control and Ecology Commission with respect to water and 6
air pollution control or other matters within the jurisdiction of the 7
division or the Arkansas Pollution Control and Ecology Commission; 8
(2) Jurisdiction of the Arkansas State Game and Fish Commission 9
with respect to the impact on game and fish of the state; and 10
(3) Requirement that a person apply for and obtain a permit from 11
a state agency or federal entity having jurisdiction over the wind energy 12
facility or wind energy facility expansion. 13
(c) This subchapter does not apply to a wind energy facility in this 14
state constructed or which commenced to be constructed on or before September 15
1, 2024. 16
17
23-18-1311. Review by a state agency. 18
(a) Upon receipt of an application for a permit for the construction, 19
operation, or redevelopment of a wind energy facility or a wind energy 20
facility expansion under this subchapter and other requirements the Arkansas 21
Public Service Commission may adopt, the staff of the commission shall invite 22
comments from a state agency entitled to service under § 23 -18-513 as to the 23
adequacy of the application. 24
(b) The invitation to comment under subsection (a) of this section 25
shall include a notification to a state agency that comments are required to 26
be received within one hundred twenty (120) days of the date of the mailing 27
or delivery of the invitation to comment, unless a state agency requests, for 28
cause, a longer period for consideration. 29
(c)(1) Upon review of the comments, if any, the staff shall determine 30
whether or not the applicant failed to include or adequately develop any 31
relevant environmental or economic aspect of the wind energy facility. 32
(2) The commission shall issue a deficiency letter specifying 33
the deficiencies in the application. 34
(3) The deficiency letter shall be prepared and served upon the 35
applicant as promptly as possible but no later than twenty (20) days before 36 As Engrossed: S3/20/25 H4/15/25 SB437
18 04-15-2025 09:05:31 ANS010
the date set for a public hearing under § 23-18-1312. 1
(4) The applicant shall promptly respond to any deficiency 2
letter, and the public hearing shall be deferred unless the applicant has 3
responded before the public hearing to any deficiency letter. 4
5
23-18-1312. Public hearing. 6
(a)(1)(A) Upon receipt of an application for a permit for the 7
construction, operation, or redevelopment of a wind energy facility or a wind 8
energy facility expansion under this subchapter, the Arkansas Public Service 9
Commission shall fix a date for the commencement for a public hearing on the 10
application. 11
(B) The date of the public hearing under subdivision 12
(a)(1)(A) of this section shall not be earlier than sixty (60) days after the 13
date set for the receipt of comments from the state agencies under § 23 -18-14
1311, including any extensions. 15
(2) The testimony presented at the public hearing may be 16
presented in writing or orally, provided that the commission may make rules 17
designed to exclude repetitive, redundant, or irrelevant testimony. 18
(3) The Rules of Practice and Procedure of the commission shall 19
apply to the proceeding. 20
(b)(1) After the public hearing, the commission may deny, grant, or 21
conditionally grant the permit. 22
(2) A permit shall not be granted if the applicant has not 23
received a permit for the construction or operation of the wind energy 24
facility or wind energy facility expansion from a state or federal agency 25
having jurisdiction over the air, water, and other environmental impacts 26
associated with a wind energy facility or wind energy facility expansion. 27
28
23-18-1313. Local legislation. 29
(a)(1) A local legislative body may adopt local legislation addressing 30
the construction, expansion, operation, or redevelopment of a wind energy 31
facility located within the jurisdiction of the local government if the local 32
legislation is consistent with this subchapter and existing federal and state 33
law. 34
(2) Local legislation shall not establish criteria for the 35
issuance of a local permit that is less restrictive than those established in 36 As Engrossed: S3/20/25 H4/15/25 SB437
19 04-15-2025 09:05:31 ANS010
this subchapter. 1
(b) A local government that regulates the construction, expansion, 2
operation, or redevelopment of wind energy facilities and wind energy 3
facility expansions by local legislation shall furnish a certified copy of 4
the adopted local legislation to the Arkansas Public Service Commission. 5
6
23-18-1314. Report to landowners. 7
(a)(1) An owner or operator of a wind turbine or wind energy facility 8
shall provide a report to a landowner that has entered into a lease, 9
easement, or other agreement with the owner of a wind energy facility that is 10
paid based on the amount of electrical energy produced from the conversion of 11
wind energy. 12
(2) The report required under subdivision (a)(1) of this section 13
shall: 14
(A) Be provided within ten (10) business days of the 15
payment to the landowner; and 16
(B) At a minimum, contain: 17
(i) Information reasonably necessary to provide the 18
landowner with an understanding of the basis for the payment the landowner 19
received; and 20
(ii) A means of confirming the accuracy of the 21
information provided under subdivision (a)(2)(B)(i) of this section. 22
(b)(1) A landowner described under subdivision (a)(1) of this section 23
may inspect the records of the owner or operator to confirm the accuracy of a 24
payment made to the landowner within the past twenty -four (24) months. 25
(2) One (1) inspection under subdivision (b)(1) of this section 26
is permitted per calendar year. 27
(c)(1) The owner or operator shall make available within the state all 28
records, documents, data, and other information, or copies thereof, as are 29
necessary for a landowner to conduct the inspection specified in subsection 30
(b) of this section. 31
(2) The records shall be made available in a location and manner 32
that affords the landowner reasonable access to the records during normal 33
business hours. 34
(3) The landowner shall be permitted a reasonable length of time 35
to complete the inspection and shall not cause undue disruption to the 36 As Engrossed: S3/20/25 H4/15/25 SB437
20 04-15-2025 09:05:31 ANS010
operations of the owner or operator during the inspection. 1
2
23-18-1315. Other applicable local, state, and federal permits, licenses, 3
or approvals. 4
The issuance of a permit for the construction, operation, or redevelopment 5
of a wind energy facility or a wind energy facility expansion under this 6
subchapter does not preclude the need for a person to obtain other local, state, 7
or federal permits, licenses, or approvals required for a wind energy facility. 8
9
23-18-1316. Information subject to disclosure. 10
(a) Except as provided in subsection (b) of this section, a permit 11
application for the construction, operation, or redevelopment of a wind 12
energy facility or a wind energy facility expansion and documents received by 13
the Arkansas Public Service Commission or a local government under this 14
subchapter or documents used by the local legislative body to evaluate the 15
permit application are subject to disclosure under the Freedom of Information 16
Act of 1967, § 25-19-101 et seq. 17
(b) Proprietary information contained in a permit application or in 18
documents submitted in support of the permit application to the commission or 19
local government under this subchapter or documents used by the commission or 20
local government to evaluate and approve or deny a permit application shall 21
remain confidential and is not subject to disclosure to the public under this 22
section, the Freedom of Information Act of 1967, § 25 -19-101 et seq., or any 23
other law. 24
25
23-18-1317. Federal law. 26
If a provision of this subchapter conflicts with a current federal law, 27
including promulgated federal regulations, the federal law shall take 28
precedence over the conflicting provisions of this subchapter. 29
30
23-18-1318. Exemptions. 31
A wind energy facility project is exempt from this subchapter if the 32
wind energy facility project is under development as of April 9, 2025. 33
34
23-18-1319. Rules. 35
(a) The Arkansas Public Service Commission shall promulgate rules to 36 As Engrossed: S3/20/25 H4/15/25 SB437
21 04-15-2025 09:05:31 ANS010
implement and administer this subchapter. 1
(b) Rules that the commission shall promulgate under this subchapter 2
include without limitation rules relating to: 3
(1) Requirements and terms for a permit for the construction, 4
operation, or redevelopment of a wind energy facility or a wind energy facility 5
expansion; 6
(2) Requirements for an application a permit for the construction, 7
operation, or redevelopment of a wind energy facility or a wind energy facility 8
expansion; 9
(3) Requirements for a renewal application a permit for the 10
construction, operation, or redevelopment of a wind energy facility or a wind 11
energy facility expansion; and 12
(4) The erection, construction, reconstruction, change, 13
alteration, maintenance, use, operation, and decommissioning of wind energy 14
facilities, including without limitation the: 15
(A) Interconnection of power lines and with regional 16
transmission organizations, independent transmission system operators, or 17
similar organizations; and 18
(B) Establishment of necessary cooperation for site visits 19
and enforcement investigations. 20
21
SECTION 2. TEMPORARY LANGUAGE. DO NOT CODIFY. Rules. 22
(a) The Arkansas Public Service Commission shall promulgate rules 23
necessary to implement this act. 24
(b) When adopting the initial rules required under this act, the 25
commission shall file the final rules with the Secretary of State for 26
adoption under § 25-15-204(f): 27
(1) On or before January 1, 2026; or 28
(2) If approval under § 10 -3-309 has not occurred by January 1, 29
2026, as soon as practicable after approval under § 10 -3-309. 30
(c) The commission shall file the proposed rules with the Legislative 31
Council under § 10-3-309(c) sufficiently in advance of January 1, 2026, so 32
that the Legislative Council may consider the rules for approval before 33
January 1, 2026. 34
35
APPROVED: 4/21/25 36