Arkansas 2025 Regular Session

Arkansas Senate Bill SB437 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		Stricken language would be deleted from and underlined language would be added to present law.
2		-	Act 945 of the Regular Session
3		-	Act 945 of the Regular Session
4		-	ANS010 04-15-2025 09:05:31 ANS010
5		-
6		-	State of Arkansas As Engrossed: S3/20/25 H4/15/25 1
	2	+	ANS010 03/12/2025 7:49:44 AM ANS010
	3	+	State of Arkansas 1
7	4		95th General Assembly A Bill 2
8	5		Regular Session, 2025 SENATE BILL 437 3
9	6		4
10	7		By: Senator Hester 5
11	8		By: Representatives Hall, Eaton 6
12	9		7
13	10		For An Act To Be Entitled 8
14	11		AN ACT TO CREATE THE ARKANSAS WIND ENERGY DEVELOPMENT 9
15	12		ACT; AND FOR OTHER PURPOSES. 10
16	13		11
17	14		12
18	15		Subtitle 13
19	16		TO CREATE THE ARKANSAS WIND ENERGY 14
20	17		DEVELOPMENT ACT. 15
21	18		16
22	19		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 17
23	20		18
24	21		SECTION 1. Arkansas Code Title 23, Chapter 18, is amended to add an 19
25	22		additional subchapter to read as follows: 20
26	23		21
27	24		Subchapter 13 — Arkansas Wind Energy Development Act 22
28	25		23
29	26		23-18-1301. Title. 24
30	27		This subchapter shall be known and may be cited as the "Arkansas Wind 25
31	28		Energy Development Act". 26
32	29		27
33	30		23-18-1302. Legislative findings and intent. 28
34	31		(a) The General Assembly finds that: 29
35	32		(1) Arkansas's wind energy resources are an important asset for 30
36	33		the: 31
37	34		(A) Continued economic growth of Arkansas; and 32
38	35		(B) Provision of clean and renewable power to the people 33
39	36		of Arkansas and the nation as a whole; 34
40	37		(2) Promotion of the development of wind energy resources is 35
41		-	important to the economic growth of Arkansas; 36 ~~As Engrossed: S3/20/25 H4/15/25~~ SB437
	38	+	important to the economic growth of Arkansas; 36 SB437
42	39
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44		-
45		-
	40	+	2 03/12/2025 7:49:44 AM ANS010
46	41		(3) The conversion of wind energy into power for utility -scale 1
47	42		systems frequently requires large wind energy systems consisting of wind 2
48	43		turbines, electrical substations, electrical lines, and other supporting 3
49	44		systems; 4
50	45		(4) The construction, location, and operation of wind energy 5
51	46		facilities can have significant potential impacts on the health, safety, and 6
52	47		welfare of the members of the communities in which the wind energy facilities 7
53	48		are constructed; 8
54	49		(5) It is essential to the public interest to minimize any 9
55	50		adverse effect upon the environment and the quality of life of the people of 10
56	51		Arkansas that wind energy facilities might cause; 11
57	52		(6) The prudent development of wind energy resources requires 12
58	53		addressing balancing the needs of wind energy facility developers with those 13
59	54		of landowners that provide access to the wind energy resource, including 14
60	55		assurances that: 15
61	56		(A) Wind energy facilities will be properly constructed 16
62	57		and decommissioned; and 17
63	58		(B) The landowners will: 18
64	59		(i) Have access to adequate information to verify 19
65	60		the accuracy of any payments made by wind energy facilities; and 20
66	61		(ii) Be adequately protected against hazards and 21
67	62		accidents that may arise from the wind energy facilities; 22
68	63		(7) A wind energy facility, if abandoned or not properly 23
69	64		constructed and maintained, could pose a hazard to the public health, safety, 24
70	65		and welfare of the people of this state through mechanical failures, 25
71	66		electrical hazards, or the release of hazardous substances; 26
72	67		(8) In order to protect the public against health and safety 27
73	68		hazards, standards for the safe decommissioning of wind energy facilities 28
74	69		should be established, and assurance of adequate financial resources should 29
75	70		be given so that a wind energy facility can be properly decommissioned at the 30
76	71		end of the wind energy facility's useful life; and 31
77	72		(9) A local legislative body should have an opportunity to adopt 32
78	73		local legislation addressing the construction of wind energy facilities 33
79	74		located in its jurisdiction if the local legislation is consistent with this 34
80	75		subchapter and existing federal and state law and does not establish criteria 35
81		-	for the issuance of a local permit that are less restrictive than stated 36 ~~As Engrossed: S3/20/25 H4/15/25~~ SB437
	76	+	for the issuance of a local permit that are less restrictive than stated 36 SB437
82	77
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84		-
85		-
	78	+	3 03/12/2025 7:49:44 AM ANS010
86	79		under this subchapter. 1
87	80		(b) It is the intent of the General Assembly that this subchapter 2
88	81		shall: 3
89	82		(1) Establish the standards and criteria for permitting and 4
90	83		regulating wind energy facilities; and 5
91	84		(2) Promote, preserve, and protect the public peace, health, 6
92	85		safety, and welfare through effective permitting and regulation of wind 7
93	86		energy facilities. 8
94	87		9
95	88		23-18-1303. Definitions. 10
96	89		As used in this subchapter: 11
97	90		(1) "Abandonment" means the failure to generate electricity in 12
98	91		commercial quantities for a period of one hundred eighty (180) consecutive 13
99	92		days unless the termination of electricity was: 14
100	93		(A) Mandated by state or federal law; or 15
101	94		(B) Authorized by the Arkansas Public Service Commission; 16
102	95		(2)(A) "Commercial quantities” means an amount of electrical 17
103	96		energy sufficient to sell or use off -site from a wind energy facility. 18
104	97		(B) "Commercial quantities" does not include amounts of 19
105	98		electrical energy only used for the maintenance or testing of the wind energy 20
106	99		facility or components of the wind energy facility; 21
107	100		(3)(A) "Construct" means the activity of clearing land, 22
108	101		excavation, relocation of utilities, a wind energy facility expansion, or 23
109	102		other action that would adversely affect the natural environment of the 24
110	103		proposed site. 25
111	104		(B) "Construct" does not include the activity of: 26
112	105		(i) An erection of a meteorological tower; 27
113	106		(ii) An environmental assessment; 28
114	107		(iii) A survey; 29
115	108		(iv) Any necessary borings to ascertain foundation 30
116	109		conditions; 31
117	110		(v) Any preliminary engineering; or 32
118	111		(vi) Any other activities associated with an 33
119	112		assessment of development of wind resources on a given parcel of property; 34
120	113		(4) "Local government" means: 35
121		-	(A) A county; 36 ~~As Engrossed: S3/20/25 H4/15/25~~ SB437
	114	+	(A) A county; 36 SB437
122	115
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124		-
125		-
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126	117		(B) A city of the first class or city of the second class; 1
127	118		(C) An incorporated town; or 2
128	119		(D) Any other political subdivision of this state; 3
129	120		(5) "Local legislation" means: 4
130	121		(A) An ordinance enacted by a local legislative body; 5
131	122		(B) A resolution passed by a local legislative body; 6
132	123		(C) A motion made by a local legislative body; 7
133	124		(D) An amendment adopted by a local legislative body; or 8
134	125		(E) A rule or regulation promulgated by a local legislative 9
135	126		body; 10
136	127		(6) "Local legislative body" means the governing body of a local 11
137	128		government; 12
138	129		(7) "Nonparticipating landowner" means a landowner that is not 13
139	130		under a lease or other property agreement with the owner or operator of a wind 14
140	131		energy facility; 15
141	132		(8)(A) "Operate" means an activity associated with the management, 16
142	133		operation, and maintenance of a completed wind energy facility. 17
143	134		(B) "Operate" includes without limitation installing or 18
144	135		improving a wind energy facility; 19
145	136		(9) "Operator" means a person that operates a wind energy facility; 20
146	137		(10) "Owner" means a person that has a majority equity interest 21
147	138		in a wind energy facility; 22
148	139		(11) "Person" means a natural person, corporation, limited 23
149	140		liability company, partnership, joint venture, or other private business 24
150	141		entity; 25
151	142		(12)(A) "Proprietary information" means commercial or financial 26
152	143		information that: 27
153	144		(i) Is used directly or indirectly in the business of 28
154	145		an applicant submitting information to a local government under this subchapter; 29
155	146		and 30
156	147		(ii) Gives an applicant submitting information to a 31
157	148		local government under this subchapter an advantage or an opportunity to obtain 32
158	149		an advantage over a competitor that does not know of, or otherwise use, the 33
159	150		information. 34
160	151		(B) "Proprietary information" includes trade secrets; 35
161		-	(13) "Redevelop" means the process of replanning, reconstructing, 36 ~~As Engrossed: S3/20/25 H4/15/25~~ SB437
	152	+	(13) "Redevelop" means the process of replanning, reconstructing, 36 SB437
162	153
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164		-
165		-
	154	+	5 03/12/2025 7:49:44 AM ANS010
166	155		or redesigning a wind energy facility, including the acquisition, clearance, 1
167	156		development, or disposal, or any combination of these activities, of a wind 2
168	157		energy facility; 3
169	158		(14)(A) "Transmission facility" means a power cable, 4
170	159		distribution line, or other equipment that delivers electricity from a wind 5
171	160		turbine located in Arkansas to the point of interconnection with a power 6
172	161		distribution grid, long -distance power transmission grid, or other facility 7
173	162		by and through which the electricity is distributed or transmitted to one (1) 8
174	163		or more customers. 9
175	164		(B) "Transmission facility" does not include distribution, 10
176	165		transmission, or other facilities that are located beyond the point of 11
177	166		interconnection with the power distribution grid or transmission grid; 12
178		-	(15) "~~Under development~~" means: 13
179		-	~~(1) Executed land leases~~; 14
180		-	(2) ~~Commenced necessary state and federal studies related~~ 15
181		-	~~to construction~~ of a wind ~~energy facility;~~ or 16
182		-	~~(3) Commenced construction of a~~ wind energy ~~facility;~~ 17
183		-	~~(16) "Useful life" means the amount of time during which a wind~~ 18
184		-	~~energy facility is generating electricity in commercial quantities;~~ 19
185		-	~~(17)(A) "Wind energy facility" means an~~ electrical energy 20
186		-	~~generation facility consisting of one~~ (1) or more ~~wind turbines under common~~ 21
187		-	~~ownership or operating control, that cumulatively, with any other~~ wind energy 22
188		-	~~facility:~~ 23
189		-	~~(i) Has a rated capacity of five megawatts (5 MW) or~~ 24
190		-	~~more~~ of ~~electrical~~ energy~~; and~~ 25
191		-	(ii) ~~Is more than two hundred feet (200') in height.~~ 26
192		-	~~(B) "~~Wind energy ~~facility" includes turbines, towers,~~ 27
193		-	~~buildings, transmission facilities,~~ ~~meteorological towers,~~ ~~transformers,~~ 28
194		-	~~control systems,~~ ~~and other associated facilities used to support the~~ 29
195		-	~~operation of the~~ wind energy facility. 30
196		-	(C) "Wind energy facility~~" does not include equipment that~~ 31
197		-	~~when installed in connection with a dwelling transmits~~ or ~~uses~~ wind ~~energy to~~ 32
198		-	~~produce electrical energy in a useful form for residential purposes and is less~~ 33
199		-	~~than two hundred feet~~ (~~200'~~) ~~in total height;~~ 34
200		-	~~(18) "Wind energy facility expansion" means an activity that:~~ 35
201		-	(A) ~~Adds or substantially modifies~~ a wind energy ~~facility,~~ 36 ~~As Engrossed: S3/20/25 H4/15/25~~ SB437
	167	+	(15) "Useful life" means the amount of time during which a wind 13
	168	+	energy facility is generating electricity in commercial qu antities; 14
	169	+	(16)(A) "Wind energy facility" means an electrical energy 15
	170	+	generation facility consisting of one (1) or more wind turbines under common 16
	171	+	ownership or operating control, that cumulatively, with any other wind energy 17
	172	+	facility: 18
	173	+	(i) Has a rated capacity of five megawatts (5 MW) or 19
	174	+	more of electrical energy; and 20
	175	+	(ii) Is more than two hundred feet (200') in height. 21
	176	+	(B) "Wind energy facility" includes turbines, towers, 22
	177	+	buildings, transmission facilities, meteorological towers, transformers, 23
	178	+	control systems, and other associated facilities used to support the 24
	179	+	operation of the wind energy facility. 25
	180	+	(C) "Wind energy facility" does not include equipment that 26
	181	+	when installed in connection with a dwelling transmits or uses wind energy to 27
	182	+	produce electrical energy in a useful form for residential purposes and is less 28
	183	+	than two hundred feet (200') in total height; 29
	184	+	(17) "Wind energy facility expansion" means an activity that: 30
	185	+	(A) Adds or substantially modifies a wind energy facility, 31
	186	+	including without limitation increasing the height or the number of the wind 32
	187	+	turbines, transmission facilities, or other equipment; or 33
	188	+	(B) Increases the environmental footprint of a wind energy 34
	189	+	facility; and 35
	190	+	(18)(A) "Wind turbine" means a wind energy conversion system that 36 SB437
202	191
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	193	+	converts wind energy into electricity using a wind turbine generator. 1
	194	+	(B) "Wind turbine" includes a turbine, blade, tower, base, 2
	195	+	and pad transformer, if any. 3
	196	+	4
	197	+	23-18-1304. Permit required. 5
	198	+	(a)(1) A person shall not construct, operate, or redevelop a wind 6
	199	+	energy facility or wind energy facility expansion in this state unless a 7
	200	+	permit is obtained under this subchapter. 8
	201	+	(2) Before a person constructs, operates, or redevelops a wind 9
	202	+	energy facility or wind energy facility expansion in this state, the person 10
	203	+	shall obtain: 11
	204	+	(A) A permit for the construction, operation, or 12
	205	+	redevelopment from the Arkansas Public Service Commission; and 13
	206	+	(B) If a local government has adopted local legislation 14
	207	+	addressing the construction or expansion of a wind energy facility located in 15
	208	+	the jurisdiction of the local government, a permit from the local legislative 16
	209	+	body. 17
	210	+	(b) The commission shall establish the application procedure for a 18
	211	+	permit to construct, operate, or redevelop a wind energy facility or a wind 19
	212	+	energy facility expansion. 20
	213	+	(c) The issuance of a permit under this subchapter is contingent on 21
	214	+	compliance with this subchapter and other applicable state laws. 22
	215	+	(d) Subject to the approval of the commission, a permit issued under 23
	216	+	this subchapter may be transferred to a person that agrees to comply with the 24
	217	+	terms of the permit. 25
	218	+	(e) An initial filing fee of two thousand five hundred dollars ($2,500) 26
	219	+	shall accompany each application for a permit. 27
	220	+	(f) An application for a permit shall be accompanied by proof of service 28
	221	+	of the written notice under § 23 -18-1305. 29
	222	+	30
	223	+	23-18-1305. Service — Notice requirements. 31
	224	+	(a)(1) An applicant for a permit for the construction, operation, or 32
	225	+	redevelopment of a wind energy facility or a wind energy facility expansion 33
	226	+	shall provide a copy of the application as written notice to: 34
	227	+	(A) A person listed in § 23 -18-513; 35
	228	+	(B) The Department of Parks, Heritage, and Tourism; 36 SB437
204	229
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	231	+	(C) The circuit clerk of each county in which the proposed 1
	232	+	wind energy facility will be located; 2
	233	+	(D) Any landowner and residents located within four (4) 3
	234	+	miles of the proposed location of the wind energy facility or wind energy 4
	235	+	facility expansion; and 5
	236	+	(E) All public libraries in each county in which the 6
	237	+	proposed wind energy facility or wind energy facility expansion is to be or 7
	238	+	may be located for review by the public. 8
	239	+	(2) The Arkansas Public Service Commission shall prescribe by 9
	240	+	rule the form and submittal requirements of the written notice required under 10
	241	+	subdivision (a)(1) of this section. 11
	242	+	(b) The written notice required under subdivision (a)(1) of this 12
	243	+	section shall include: 13
	244	+	(1) A complete description of the wind energy facility, 14
	245	+	including the number and size of the wind turbines; 15
	246	+	(2) A map showing the locations of all proposed wind energy 16
	247	+	facilities; 17
	248	+	(3) The proposed timeline for construction and operation of the 18
	249	+	wind energy facility; and 19
	250	+	(4) A list of locations where the application is available for 20
	251	+	review by the public. 21
	252	+	(c) The written notice required under subdivision (a)(1) of this 22
	253	+	section shall be: 23
	254	+	(1) Mailed by certified mail; and 24
	255	+	(2) Directed to the address of the landowner of the real 25
	256	+	property as it appears on the records in the office of the county sheriff or 26
	257	+	county tax assessor for the mailing of statements for taxes as provided in § 27
	258	+	26-35-705. 28
	259	+	(d) An application for a permit shall be accompanied by proof that 29
	260	+	notice was provided to persons residing in the local government entitled to 30
	261	+	receive notice under § 23 -18-513 by publication in a newspaper having 31
	262	+	substantial circulation in the local government of: 32
	263	+	(1) A summary of the application for a permit; 33
	264	+	(2) A statement of the date on or about which the application is 34
	265	+	to be filed; 35
	266	+	(3) The locations at which a copy of the application is 36 SB437
205	267
206		-	including without limitation increasing the height or the number of the wind 1
207		-	turbines, transmission facilities, or other equipment; or 2
208		-	(B) Increases the environmental footprint of a wind energy 3
209		-	facility; and 4
210		-	(19)(A) "Wind turbine" means a wind energy conversion system that 5
211		-	converts wind energy into electricity using a wind turbine generator. 6
212		-	(B) "Wind turbine" includes a turbine, blade, tower, base, 7
213		-	and pad transformer, if any. 8
214		-	9
215		-	23-18-1304. Permit required. 10
216		-	(a)(1) A person shall not construct, operate, or redevelop a wind 11
217		-	energy facility or wind energy facility expansion in this state unless a 12
218		-	permit is obtained under this subchapter. 13
219		-	(2) Before a person constructs, operates, or redevelops a wind 14
220		-	energy facility or wind energy facility expansion in this state, the person 15
221		-	shall obtain: 16
222		-	(A) A permit for the construction, operation, or 17
223		-	redevelopment from the Arkansas Public Service Commission; and 18
224		-	(B) If a local government has adopted local legislation 19
225		-	addressing the construction or expansion of a wind energy facility located in 20
226		-	the jurisdiction of the local government, a permit from the local legislative 21
227		-	body. 22
228		-	(b) The commission shall establish the application procedure for a 23
229		-	permit to construct, operate, or redevelop a wind energy facility or a wind 24
230		-	energy facility expansion. 25
231		-	(c) The issuance of a permit under this subchapter is contingent on 26
232		-	compliance with this subchapter and other applicable state laws. 27
233		-	(d) Subject to the approval of the commission, a permit issued under 28
234		-	this subchapter may be transferred to a person that agrees to comply with the 29
235		-	terms of the permit. 30
236		-	(e) An initial filing fee of two thousand five hundred dollars ($2,500) 31
237		-	shall accompany each application for a permit. 32
238		-	(f) An application for a permit shall be accompanied by proof of service 33
239		-	of the written notice under § 23 -18-1305. 34
	268	+	8 03/12/2025 7:49:44 AM ANS010
	269	+	available for review by the public; and 1
	270	+	(4) The date, time, and location of the public hearings required 2
	271	+	in subsection (h) of this section. 3
	272	+	(e)(1) An application for a permit shall be accompanied by proof that 4
	273	+	the applicant has served a copy of the written notice by certified mail to: 5
	274	+	(A) An operator, as reflected in the records of the Oil 6
	275	+	and Gas Commission, that is conducting oil and gas operations upon any part 7
	276	+	of the surface estate on which the applicant intends to construct the wind 8
	277	+	energy facility or the wind energy facility expansion; 9
	278	+	(B) An operator, as reflected in the records of the Oil 10
	279	+	and Gas Commission, of an unspaced unit, or a unit created by order of the 11
	280	+	Oil and Gas Commission, that is conducting oil and gas operations for the 12
	281	+	unspaced unit where any part of the unit area is within the geographical 13
	282	+	boundaries of the surface estate on which the applicant intends to construct 14
	283	+	the wind energy facility or wind energy facility expansion; and 15
	284	+	(C) As to tracts of land not described in subdivisions 16
	285	+	(e)(1)(A) and (B) of this section on which the applicant intends to construct 17
	286	+	a wind energy facility or wind energy facility expansion, all lessees of oil 18
	287	+	and gas leases covering the mineral estate underlying any part of the tracts 19
	288	+	of land that are filed of record with the circuit clerk in the county where 20
	289	+	the tracts are located and whose primary term has not expired. 21
	290	+	(2) The service of written notice required under subdivision 22
	291	+	(e)(1) of this section shall contain: 23
	292	+	(A) A map or plat of the proposed location, with 24
	293	+	sufficient specificity of the elements of the wind energy facility to be 25
	294	+	located on the local government section that includes any part of the tracts 26
	295	+	of land described in subdivisions (e)(1)(A) and (B) of this section; 27
	296	+	(B) The approximate date that the applicant proposes to 28
	297	+	commence construction of the wind energy facility or the wind energy facility 29
	298	+	expansion; and 30
	299	+	(C)(i) The return address of the applicant and a statement 31
	300	+	that the recipient of the notice, within thirty (30) days of receipt, is 32
	301	+	required to provide the applicant with site and operational and 33
	302	+	infrastructure information with sufficient specificity to facilitate the safe 34
	303	+	construction and operation of a wind energy facility or a wind energy 35
	304	+	facility expansion. 36 SB437
	305	+
	306	+	9 03/12/2025 7:49:44 AM ANS010
	307	+	(ii) The information required under subdivision 1
	308	+	(e)(2)(C)(i) of this section shall include American Land Title Association 2
	309	+	surveys of existing subsurface and surface improvements on the real property, 3
	310	+	if any, as well as other technical specifications for existing improvements, 4
	311	+	including without limitation pipe size, material, capacity, and depth. 5
	312	+	(f)(1) As a condition to the issuance of a permit, an applicant is 6
	313	+	required to submit to the Oil and Gas Commission: 7
	314	+	(A) The information provided under subdivision 8
	315	+	(e)(2)(C)(i) of this section; and 9
	316	+	(B) A copy of the written notice required under 10
	317	+	subdivision (a)(1) of this section. 11
	318	+	(2) The applicant shall obtain approval or conditional approval 12
	319	+	from the Oil and Gas Commission. 13
	320	+	(g) If the address of a party entitled to notice under this section 14
	321	+	cannot be ascertained or the notice cannot be delivered after a reasonable 15
	322	+	effort to obtain the information has been made, then an affidavit attesting 16
	323	+	to the efforts to locate the party shall be placed in the records of the 17
	324	+	circuit clerk where the surface estate is located. 18
	325	+	(h)(1) Within sixty (60) days of the publication of the notice 19
	326	+	required under subsection (d) of this section , the applicant shall conduct a 20
	327	+	public hearing in each county in which the proposed wind energy facility is 21
	328	+	to be constructed or expanded. 22
	329	+	(2) At the public hearing under subdivision (h)(1) of this 23
	330	+	section, the applicant shall: 24
	331	+	(A) Provide copies of the notice required under 25
	332	+	subdivision (a)(1) of this section; 26
	333	+	(B) Be prepared to discuss the contents of the application 27
	334	+	for a permit; and 28
	335	+	(C) Provide substantive responses to questions asked by 29
	336	+	members of the public regarding the application for a permit. 30
	337	+	31
	338	+	23-18-1306. Minimum requirements. 32
	339	+	(a) The Arkansas Public Service Commission shall require that to 33
	340	+	receive a permit for the construction, operation, or redevelopment of a wind 34
	341	+	energy facility or a wind energy facility expansion, the owner shall meet the 35
	342	+	following minimum requirements: 36 SB437
	343	+
	344	+	10 03/12/2025 7:49:44 AM ANS010
	345	+	(1) The minimum setback for the base of any wind turbine of a 1
	346	+	wind energy facility from a nonparticipating landowner's property line shall 2
	347	+	be equal to the greater of: 3
	348	+	(A) Three and five-tenths (3.5) times the total height of 4
	349	+	the wind turbine as measured from the ground at its base to the maximum 5
	350	+	height of the blade tip; and 6
	351	+	(B)(i) Except as provided in subdivision (a)(1)(B)(ii) of 7
	352	+	this section, two thousand five hundred feet (2,500'). 8
	353	+	(ii) A nonparticipating landowner may elect to sign 9
	354	+	a waiver to allow a wind turbine or group of wind turbines of a wind energy 10
	355	+	facility to be placed up to one and one -tenth (1.1) times the total height of 11
	356	+	the wind turbine as measured from the ground at its base to the maximum 12
	357	+	height of the blade tip from the nonparticipating landowner's property line; 13
	358	+	and 14
	359	+	(2) The minimum setback for the base of a wind turbine of a wind 15
	360	+	energy facility shall be one (1) mile from any of the following places 16
	361	+	existing at the time the application for the permit is filed: 17
	362	+	(A) A public or private school; 18
	363	+	(B) A hospital; 19
	364	+	(C) A nursing home facility; 20
	365	+	(D) A church; 21
	366	+	(E) The limits of a city or town; 22
	367	+	(F) A state or federal park; and 23
	368	+	(G) A public airport. 24
	369	+	(b)(1) Except as provided in subdivision (b)(2)(A) of this section, an 25
	370	+	application shall be accompanied by an environmental impact assessment 26
	371	+	conducted by a qualified, third -party expert and approved by the Arkansas 27
	372	+	Public Service Commission, paid for by the applicant, of the potential 28
	373	+	adverse impacts within four (4) miles of the perimeter of the wind energy 29
	374	+	facility or wind energy facility expansion. 30
	375	+	(2)(A) An environmental impact assessment required under 31
	376	+	subdivision (b)(1) of this section shall not be required if an environmental 32
	377	+	review of the wind energy facility or any portion of the wind energy facility 33
	378	+	is required under the National Environmental Policy Act of 1969, 42 U.S.C. § 34
	379	+	4321 et seq., as it existed on January 1, 2025, that includes public input, a 35
	380	+	public hearing, an environmental impact statement, and a viewshed analysis. 36 SB437
	381	+
	382	+	11 03/12/2025 7:49:44 AM ANS010
	383	+	(B) The environmental impact assessment under subdivision 1
	384	+	(b)(2)(A) of this section shall include without limitation a study of the: 2
	385	+	(i) Economic impacts to individuals, real property 3
	386	+	values, tourism, and agriculture; 4
	387	+	(ii) Assessment for compliance with state and 5
	388	+	national fire, building, and electrical codes; 6
	389	+	(iii) A wildlife impact assessment, including 7
	390	+	without limitation a study of the potential adverse impacts to: 8
	391	+	(a) Wildlife refuges; 9
	392	+	(b) Preserves and management areas; 10
	393	+	(c) Areas that provide habitat for threatened 11
	394	+	or endangered species; 12
	395	+	(d) Primary nursery areas designated by the 13
	396	+	Arkansas Game and Fish Commission; and 14
	397	+	(e) Critical fisheries habitats identified 15
	398	+	under applicable state or federal law; 16
	399	+	(iv) Viewshed analysis for: 17
	400	+	(a) State and federal parks and forests; 18
	401	+	(b) Historic and cultural sites; 19
	402	+	(c) Public parks and recreation areas; and 20
	403	+	(d) Private conservation land; 21
	404	+	(v) Hydrogeological assessment of areas of water 22
	405	+	within a minimum of four (4) miles of the perimeter of the wind energy 23
	406	+	facility or wind energy facility expansion, including: 24
	407	+	(a) Bodies of water; 25
	408	+	(b) Flowing water sources; 26
	409	+	(c) Stormwater runoff; 27
	410	+	(d) Wetlands; 28
	411	+	(e) Groundwater; 29
	412	+	(f) Aquifers; and 30
	413	+	(g) Private wells; 31
	414	+	(vi)(a) Risk assessment and mitigation 32
	415	+	recommendations for shadow flicker and incidents, including wind turbine 33
	416	+	fires, structural damage or failure, ice throw, blade shear, and hazardous 34
	417	+	material spills. 35
	418	+	(b) Except as provided in subdivision 36 SB437
	419	+
	420	+	12 03/12/2025 7:49:44 AM ANS010
	421	+	(b)(2)(B)(vi)(c) of this section, shadow flicker shall not exceed thirty (30) 1
	422	+	hours annually as verified in an assessment prepared according to 2
	423	+	professional standards. 3
	424	+	(c) A nonparticipating landowner may elect to 4
	425	+	sign a written waiver to allow ice throw, blade shear, or shadow flicker from 5
	426	+	any wind turbine or group of wind turbines on the nonparticipating 6
	427	+	landowner’s property; 7
	428	+	(vii) Risk assessment for civil air navigation, 8
	429	+	military or law enforcement routes or training exercises, emergency medical 9
	430	+	flights, radar operations, and mobile phone services; and 10
	431	+	(viii) Risk assessment for lighting requirements 11
	432	+	beyond that which may be required by the Federal Aviation Administration, 12
	433	+	including the requirement that the wind energy facility be equipped with a 13
	434	+	Federal Aviation Administration -approved aircraft detection lighting system. 14
	435	+	(c)(1) Except during an event of inclement weather that prevents the 15
	436	+	operator of a wind energy facility from controlling the noise level of one 16
	437	+	(1) or more wind turbines that are part of the wind energy facility, any wind 17
	438	+	turbine or group of wind turbines of a wind energy facility shall not exceed 18
	439	+	an emission limit at a nonparticipating landowner's dwelling of thirty -five 19
	440	+	A-weighted decibels (35 dBA) and forty -five A-weighted decibels (45 dBA) at a 20
	441	+	nonparticipating landowner's property line as determined by a qualified, 21
	442	+	third-party acoustics expert according to rules adopted by the Arkansas 22
	443	+	Public Service Commission based on the American National Standards Institute 23
	444	+	Standard 12.9 and other applicable American National Standards Institute 24
	445	+	standards. 25
	446	+	(2) Before construction of a wind energy facility or wind energy 26
	447	+	facility expansion, a qualified, third -party acoustics expert, selected and 27
	448	+	paid for by the applicant, shall make a baseline determination of 28
	449	+	preconstruction noise levels, including modeling and enforcement. 29
	450	+	(3) A nonparticipating landowner may elect to sign a written 30
	451	+	waiver to allow noise levels greater than those stated under subdivision 31
	452	+	(c)(1) of this section from any wind turbine or group of wind turbines on the 32
	453	+	nonparticipating landowner’s property. 33
	454	+	34
	455	+	23-18-1307. Application requirements. 35
	456	+	(a) An application for a permit for the construction, operation, or 36 SB437
	457	+
	458	+	13 03/12/2025 7:49:44 AM ANS010
	459	+	redevelopment of a wind energy facility or a wind energy facility expansion 1
	460	+	shall include: 2
	461	+	(1) A written determination of no hazard by the Federal Aviation 3
	462	+	Administration; and 4
	463	+	(2) A development and management plan. 5
	464	+	(b) The development and management plan under subdivision (a)(2) of 6
	465	+	this section shall address: 7
	466	+	(1) Physical characteristics of the wind energy facility to 8
	467	+	protect the health and safety of the public; 9
	468	+	(2) Electric standards that meet all national electric codes; 10
	469	+	(3) Construction, operation, and maintenance standards that 11
	470	+	comply with all building codes and ensure that the wind energy facility is 12
	471	+	maintained in a manner that protects the public and complies with all 13
	472	+	requirements of this subchapter; and 14
	473	+	(4)(A) Emergency procedures. 15
	474	+	(B) The emergency procedures under this subdivision (b)(4) 16
	475	+	shall include: 17
	476	+	(i) A plan to provide notice to the Arkansas Public 18
	477	+	Service Commission and local emergency agencies within twenty -four (24) hours 19
	478	+	of an emergency; 20
	479	+	(ii) A plan to address an emergency situation, 21
	480	+	including written procedures that provide for shutting down the wind energy 22
	481	+	facility or a portion of the wind energy facility, as appropriate; 23
	482	+	(iii) An emergency evacuation plan for an area 24
	483	+	within two (2) miles of a wind energy facility, including the location of 25
	484	+	alternate landing zones for emergency services aircraft; 26
	485	+	(iv) An emergency plan shall be reviewed at least 27
	486	+	annually by the owner or operator of the wind energy facility in 28
	487	+	collaboration with the fire service, law enforcement, and other appropriate 29
	488	+	first responders to update and improve the emergency plan as needed; 30
	489	+	(v) A plan for the owner to distribute current 31
	490	+	copies of the emergency plan to the local legislative body and fire service, 32
	491	+	law enforcement, and other appropriate first responders as identified by the 33
	492	+	local government; 34
	493	+	(vi) A plan, if a local government requires, for the 35
	494	+	owner, at the owner's expense, to provide annual training for fire service, 36 SB437
	495	+
	496	+	14 03/12/2025 7:49:44 AM ANS010
	497	+	law enforcement, and other appropriate first responders regarding responding 1
	498	+	to a wind energy facility emergency until the wind energy facility has been 2
	499	+	decommissioned; 3
	500	+	(vii) A requirement that the owner shall furnish its 4
	501	+	operator, supervisors, and employees who are responsible for emergency action 5
	502	+	a copy of the current edition of the emergency procedures established under 6
	503	+	this section to ensure compliance with the procedures; 7
	504	+	(viii) A requirement that the owner shall train the 8
	505	+	appropriate operating personnel to ensure the personnel has knowledge of the 9
	506	+	emergency procedures and verify that the training is effective; and 10
	507	+	(ix) A plan that as soon as possible after the end 11
	508	+	of a wind energy facility emergency, the owner review employee activities to 12
	509	+	determine whether or not the emergency procedures were effectively followed. 13
	510	+	14
	511	+	23-18-1308. Decommissioning requirements. 15
	512	+	(a) An owner is responsible, at the owner's expense, for the proper 16
	513	+	decommissioning of a wind energy facility. 17
	514	+	(b)(1) Before the start of construction of a wind energy facility, the 18
	515	+	applicant for a permit for the construction or operation of the wind energy 19
	516	+	facility or wind energy facility expansion shall establish financial security 20
	517	+	in the amount of one hundred percent (100%) of the estimate of the total cost 21
	518	+	to decommission and remove the wind energy facility as determined by an 22
	519	+	independent consultant, selected and paid for by the applicant. 23
	520	+	(2) To establish financial security under subdivision (b)(1) of 24
	521	+	this section, the applicant shall file with the Arkansas Public Service 25
	522	+	Commission a surety bond, collateral bond, irrevocable letter of credit, 26
	523	+	parent guaranty, cash, cashier's check, certificate of deposit, bank joint 27
	524	+	custody receipt, or other approved negotiated instrument, or any combination 28
	525	+	of the items listed in this subdivision (b)(2), in the amount required by 29
	526	+	subdivision (b)(1) of this section. 30
	527	+	(c) A wind energy facility shall be decommissioned or removed if: 31
	528	+	(1) A wind turbine of a wind energy facility ceases to generate 32
	529	+	electricity for one hundred eighty (180) continuous days, unless: 33
	530	+	(A) The termination of electricity was mandated by state 34
	531	+	or federal law; or 35
	532	+	(B)(i) As authorized by the commission. 36 SB437
	533	+
	534	+	15 03/12/2025 7:49:44 AM ANS010
	535	+	(ii) Two (2) extensions may be allowed by the 1
	536	+	commission for one-hundred-eighty-day periods at a time if the wind energy 2
	537	+	facility continues to be maintained in proper working order; or 3
	538	+	(2)(A) Any wind turbine or group of wind turbines of a wind 4
	539	+	energy facility violates the noise level restrictions under § 23 -18-5
	540	+	1306(c)(1), unless the wind turbine or group of wind turbines is brought into 6
	541	+	compliance within one hundred eighty (180) days of the violation. 7
	542	+	(B) One (1) extension under subdivision (c)(2)(A) of this 8
	543	+	section is permitted. 9
	544	+	(d) Within twelve (12) months following the decommissioning of a wind 10
	545	+	energy facility or wind energy facility expansion, the property shall be 11
	546	+	restored to its original condition before commencement of activities on the 12
	547	+	site. 13
	548	+	(e) Not less than one (1) time every five (5) years following the 14
	549	+	issuance of the permit by the commission, the commission may require the 15
	550	+	owner to: 16
	551	+	(1) Update the estimated costs of decommissioning and removal; 17
	552	+	(2) File the new estimate with the commission; and 18
	553	+	(3) Provide a surety bond, collateral bond, irrevocable letter 19
	554	+	of credit, parent guaranty, cash, cashier's check, certificate of deposit, 20
	555	+	bank joint custody receipt, or other approved negotiated instrument, or any 21
	556	+	combination of the items listed in this subdivision (e)(3), in the updated 22
	557	+	amount. 23
	558	+	(f) Proper decommissioning of a wind energy facility shall include: 24
	559	+	(1) Removal of wind turbines, towers, buildings, cabling, 25
	560	+	electrical components, foundations, and any other associated facilities, to a 26
	561	+	depth of forty-eight (48) inches below grade in the ground; and 27
	562	+	(2)(A) Except as provided in subdivision (h)(2)(B) of this 28
	563	+	section, disturbed earth being graded and reseeded or otherwise restored to 29
	564	+	substantially the same physical condition as it existed before the 30
	565	+	construction of the wind energy facility by the owner. 31
	566	+	(B) Replacement of trees that may have been removed during 32
	567	+	construction is not required. 33
	568	+	(g)(1) Decommissioning of a wind energy facility or individual pieces 34
	569	+	of commercial wind energy equipment shall be completed by the owner within 35
	570	+	twelve (12) months after: 36 SB437
	571	+
	572	+	16 03/12/2025 7:49:44 AM ANS010
	573	+	(A) Abandonment; 1
	574	+	(B) The end of the useful life of the commercial wind 2
	575	+	energy equipment in the wind energy facility; or 3
	576	+	(C) Receipt of a notice to decommission or remove under 4
	577	+	subsection (c) of this section. 5
	578	+	(2) If the owner fails to complete the decommissioning within 6
	579	+	the period prescribed under subdivision (g)(1) of this section, the 7
	580	+	commission shall take such measures as are necessary to complete the 8
	581	+	decommissioning. 9
	582	+	(h) A lease or other agreement between a landowner and an owner may 10
	583	+	contain provisions for decommissioning that are more restrictive than those 11
	584	+	provided under this section. 12
	585	+	13
	586	+	23-18-1309. Insurance requirements. 14
	587	+	(a) Before commencing construction of a wind energy facility, the 15
	588	+	owner or operator shall obtain and keep in effect, either: 16
	589	+	(1) A commercial general liability insurance policy with a limit 17
	590	+	consistent with prevailing industry standards as determined by the Arkansas 18
	591	+	Public Service Commission; or 19
	592	+	(2) A combination of self-insurance and an excess liability 20
	593	+	insurance policy approved by the commission. 21
	594	+	(b) The owner shall cause the landowner of the real property where the 22
	595	+	wind turbine or wind energy facility is located to be named as an additional 23
	596	+	insured in the insurance policy. 24
	597	+	(c)(1) The owner or operator shall deliver to a landowner who has 25
	598	+	entered into a lease, easement, or other agreement with the owner a 26
	599	+	certificate of insurance evidencing the insurance policy. 27
	600	+	(2) The landowner shall be given a notice of at least thirty 28
	601	+	(30) days before any material modification, cancellation, or termination of 29
	602	+	the insurance policy. 30
	603	+	31
	604	+	23-18-1310. Applicability. 32
	605	+	(a) This subchapter does not amend the Arkansas Water and Air 33
	606	+	Pollution Control Act, § 8 -4-101 et seq. 34
	607	+	(b) This subchapter does not affect the: 35
	608	+	(1) Jurisdiction of the Division of Environmental Quality or the 36 SB437
	609	+
	610	+	17 03/12/2025 7:49:44 AM ANS010
	611	+	Arkansas Pollution Control and Ecology Commission with respect to water and 1
	612	+	air pollution control or other matters within the jurisdiction of the 2
	613	+	division or the Arkansas Pollution Control and Ecology Commission; 3
	614	+	(2) Jurisdiction of the Arkansas State Game and Fish Commission 4
	615	+	with respect to the impact on game and fish of the state; and 5
	616	+	(3) Requirement that a person apply for and obtain a permit from 6
	617	+	a state agency or federal entity having jurisdiction over the wind energy 7
	618	+	facility or wind energy facility expansion. 8
	619	+	(c) This subchapter does not apply to a wind energy facility in this 9
	620	+	state constructed or which commenced to be constructed on or before September 10
	621	+	1, 2024. 11
	622	+	12
	623	+	23-18-1311. Review by a state agency. 13
	624	+	(a) Upon receipt of an application for a permit for the construction, 14
	625	+	operation, or redevelopment of a wind energy facility or a wind energy 15
	626	+	facility expansion under this subchapter and other requirements the Arkansas 16
	627	+	Public Service Commission may adopt, the staff of the commission shall invite 17
	628	+	comments from a state agency entitled to service under § 23 -18-513 as to the 18
	629	+	adequacy of the application. 19
	630	+	(b) The invitation to comment under subsection (a) of this section 20
	631	+	shall include a notification to a state agency that comments are required to 21
	632	+	be received within one hundred twenty (120) days of the date of the mailing 22
	633	+	or delivery of the invitation to comment, unless a state agency requests, for 23
	634	+	cause, a longer period for consideration. 24
	635	+	(c)(1) Upon review of the comments, if any, the staff shall determine 25
	636	+	whether or not the applicant failed to include or adequately develop any 26
	637	+	relevant environmental or economic aspect of the wind energy facility. 27
	638	+	(2) The commission shall issue a deficiency letter specifying 28
	639	+	the deficiencies in the application. 29
	640	+	(3) The deficiency letter shall be prepared and served upon the 30
	641	+	applicant as promptly as possible but no later than twenty (20) days before 31
	642	+	the date set for a public hearing under § 23-18-1312. 32
	643	+	(4) The applicant shall promptly respond to any deficiency 33
	644	+	letter, and the public hearing shall be deferred unless the applicant has 34
	645	+	responded before the public hearing to any deficiency letter. 35
	646	+	36 SB437
	647	+
	648	+	18 03/12/2025 7:49:44 AM ANS010
	649	+	23-18-1312. Public hearing. 1
	650	+	(a)(1)(A) Upon receipt of an application for a permit for the 2
	651	+	construction, operation, or redevelopment of a wind energy facility or a wind 3
	652	+	energy facility expansion under this subchapter, the Arkansas Public Service 4
	653	+	Commission shall fix a date for the commencement for a public hearing on the 5
	654	+	application. 6
	655	+	(B) The date of the public hearing under subdivision 7
	656	+	(a)(1)(A) of this section shall not be earlier than sixty (60) days after the 8
	657	+	date set for the receipt of comments from the state agencies under § 23 -18-9
	658	+	1311, including any extensions. 10
	659	+	(2) The testimony presented at the public hearing may be 11
	660	+	presented in writing or orally, provided that the commission may make rules 12
	661	+	designed to exclude repetitive, redundant, or irrelevant testimony. 13
	662	+	(3) The Rules of Practice and Procedure of the commission shall 14
	663	+	apply to the proceeding. 15
	664	+	(b)(1) After the public hearing, the commission may deny, grant, or 16
	665	+	conditionally grant the permit. 17
	666	+	(2) A permit shall not be granted if the applicant has not 18
	667	+	received a permit for the construction or operation of the wind energy 19
	668	+	facility or wind energy facility expansion from a state or federal agency 20
	669	+	having jurisdiction over the air, water, and other environmental impacts 21
	670	+	associated with a wind energy facility or wind energy facility expansion. 22
	671	+	23
	672	+	23-18-1313. Local legislation. 24
	673	+	(a)(1) A local legislative body may adopt local legislation addressing 25
	674	+	the construction, expansion, operation, or redevelopment of a wind energy 26
	675	+	facility located within the jurisdiction of the local government if the local 27
	676	+	legislation is consistent with this subchapter and existing federal and state 28
	677	+	law. 29
	678	+	(2) Local legislation shall not establish criteria for the 30
	679	+	issuance of a local permit that is less restrictive than those established in 31
	680	+	this subchapter. 32
	681	+	(b) A local government that regulates the construction, expansion, 33
	682	+	operation, or redevelopment of wind energy facilities and wind energy 34
	683	+	facility expansions by local legislation shall furnish a certified copy of 35
	684	+	the adopted local legislation to the Arkansas Public Service Commission. 36 SB437
	685	+
	686	+	19 03/12/2025 7:49:44 AM ANS010
	687	+	1
	688	+	23-18-1314. Report to landowners. 2
	689	+	(a)(1) An owner or operator of a wind turbine or wind energy facility 3
	690	+	shall provide a report to a landowner that has entered into a lease, 4
	691	+	easement, or other agreement with the owner of a wind energy facility that is 5
	692	+	paid based on the amount of electrical energy produced from the conversion of 6
	693	+	wind energy. 7
	694	+	(2) The report required under subdivision (a)(1) of this section 8
	695	+	shall: 9
	696	+	(A) Be provided within ten (10) business days of the 10
	697	+	payment to the landowner; and 11
	698	+	(B) At a minimum, contain: 12
	699	+	(i) Information reasonably necessary to provide the 13
	700	+	landowner with an understanding of the basis for the payment the landowner 14
	701	+	received; and 15
	702	+	(ii) A means of confirming the accuracy of the 16
	703	+	information provided under subdivision (a)(2)(B)(i) of this section. 17
	704	+	(b)(1) A landowner described under subdivision (a)(1) of this section 18
	705	+	may inspect the records of the owner or operator to confirm the accuracy of a 19
	706	+	payment made to the landowner within the past twenty -four (24) months. 20
	707	+	(2) One (1) inspection under subdivision (b)(1) of this section 21
	708	+	is permitted per calendar year. 22
	709	+	(c)(1) The owner or operator shall make available within the state all 23
	710	+	records, documents, data, and other information, or copies thereof, as are 24
	711	+	necessary for a landowner to conduct the inspection specified in subsection 25
	712	+	(b) of this section. 26
	713	+	(2) The records shall be made available in a location and manner 27
	714	+	that affords the landowner reasonable access to the records during normal 28
	715	+	business hours. 29
	716	+	(3) The landowner shall be permitted a reasonable length of time 30
	717	+	to complete the inspection and shall not cause undue disruption to the 31
	718	+	operations of the owner or operator during the inspection. 32
	719	+	33
	720	+	23-18-1315. Other applicable local, state, and federal permits, licenses, 34
	721	+	or approvals. 35
	722	+	The issuance of a permit for the construction, operation, or redevelopment 36 SB437
	723	+
	724	+	20 03/12/2025 7:49:44 AM ANS010
	725	+	of a wind energy facility or a wind energy facility expansion under this 1
	726	+	subchapter does not preclude the need for a person to obtain other local, state, 2
	727	+	or federal permits, licenses, or approvals required for a wind energy facility. 3
	728	+	4
	729	+	23-18-1316. Information subject to disclosure. 5
	730	+	(a) Except as provided in subsection (b) of this section, a permit 6
	731	+	application for the construction, operation, or redevelopment of a wind 7
	732	+	energy facility or a wind energy facility expansion and documents received by 8
	733	+	the Arkansas Public Service Commission or a local government under this 9
	734	+	subchapter or documents used by the local legislative body to evaluate the 10
	735	+	permit application are subject to disclosure under the Freedom of Information 11
	736	+	Act of 1967, § 25-19-101 et seq. 12
	737	+	(b) Proprietary information contained in a permit application or in 13
	738	+	documents submitted in support of the permit application to the commission or 14
	739	+	local government under this subchapter or documents used by the commission or 15
	740	+	local government to evaluate and approve or deny a permit application shall 16
	741	+	remain confidential and is not subject to disclosure to the public under this 17
	742	+	section, the Freedom of Information Act of 1967, § 25 -19-101 et seq., or any 18
	743	+	other law. 19
	744	+	20
	745	+	23-18-1317. Federal law. 21
	746	+	If a provision of this subchapter conflicts with a current federal law, 22
	747	+	including promulgated federal regulations, the federal law shall take 23
	748	+	precedence over the conflicting provisions of this subchapter. 24
	749	+	25
	750	+	23-18-1318. Rules. 26
	751	+	(a) The Arkansas Public Service Commission shall promulgate rules to 27
	752	+	implement and administer this subchapter. 28
	753	+	(b) Rules that the commission shall promulgate under this subchapter 29
	754	+	include without limitation rules relating to: 30
	755	+	(1) Requirements and terms for a permit for the construction, 31
	756	+	operation, or redevelopment of a wind energy facility or a wind energy facility 32
	757	+	expansion; 33
	758	+	(2) Requirements for an application a permit for the construction, 34
	759	+	operation, or redevelopment of a wind energy facility or a wind energy facility 35
	760	+	expansion; 36 SB437
	761	+
	762	+	21 03/12/2025 7:49:44 AM ANS010
	763	+	(3) Requirements for a renewal application a permit for the 1
	764	+	construction, operation, or redevelopment of a wind energy facility or a wind 2
	765	+	energy facility expansion ; and 3
	766	+	(4) The erection, construction, reconstruction, change, 4
	767	+	alteration, maintenance, use, operation, and decommissioning of wind energy 5
	768	+	facilities, including without limitation the: 6
	769	+	(A) Interconnection of power lines and with regional 7
	770	+	transmission organizations, independent transmission system operators, or 8
	771	+	similar organizations; and 9
	772	+	(B) Establishment of necessary cooperation for site visits 10
	773	+	and enforcement investigations. 11
	774	+	12
	775	+	SECTION 2. TEMPORARY LANGUAGE. DO NOT CODIFY. Rules. 13
	776	+	(a) The Arkansas Public Service Commission shall promulgate rules 14
	777	+	necessary to implement this act. 15
	778	+	(b) When adopting the initial rules required under this act, the 16
	779	+	commission shall file the final rules with the Secretary of State for 17
	780	+	adoption under § 25-15-204(f): 18
	781	+	(1) On or before January 1, 2026; or 19
	782	+	(2) If approval under § 10 -3-309 has not occurred by January 1, 20
	783	+	2026, as soon as practicable after approval under § 10 -3-309. 21
	784	+	(c) The commission shall file the proposed rules with the Legislative 22
	785	+	Council under § 10-3-309(c) sufficiently in advance of January 1, 2026, so 23
	786	+	that the Legislative Council may consider the rules for approval before 24
	787	+	January 1, 2026. 25
	788	+	26
	789	+	27
	790	+	28
	791	+	29
	792	+	30
	793	+	31
	794	+	32
	795	+	33
	796	+	34
240	797		35
241		-	23-18-1305. Service — Notice requirements. 36 As Engrossed: S3/20/25 H4/15/25 SB437
242		-
243		-	7 04-15-2025 09:05:31 ANS010
244		-
245		-
246		-	(a)(1) An applicant for a permit for the construction, operation, or 1
247		-	redevelopment of a wind energy facility or a wind energy facility expansion 2
248		-	shall provide a copy of the application as written notice to: 3
249		-	(A) A person listed in § 23 -18-513; 4
250		-	(B) The Department of Parks, Heritage, and Tourism; 5
251		-	(C) The circuit clerk of each county in which the proposed 6
252		-	wind energy facility will be located; 7
253		-	(D) Any landowner and residents located within four (4) 8
254		-	miles of the proposed location of the wind energy facility or wind energy 9
255		-	facility expansion; and 10
256		-	(E) All public libraries in each county in which the 11
257		-	proposed wind energy facility or wind energy facility expansion is to be or 12
258		-	may be located for review by the public. 13
259		-	(2) The Arkansas Public Service Commission shall prescribe by 14
260		-	rule the form and submittal requirements of the written notice required under 15
261		-	subdivision (a)(1) of this section. 16
262		-	(b) The written notice required under subdivision (a)(1) of this 17
263		-	section shall include: 18
264		-	(1) A complete description of the wind energy facility, 19
265		-	including the number and size of the wind turbines; 20
266		-	(2) A map showing the locations of all proposed wind energy 21
267		-	facilities; 22
268		-	(3) The proposed timeline for construction and operation of the 23
269		-	wind energy facility; and 24
270		-	(4) A list of locations where the application is available for 25
271		-	review by the public. 26
272		-	(c) The written notice required under subdivision (a)(1) of this 27
273		-	section shall be: 28
274		-	(1) Mailed by certified mail; and 29
275		-	(2) Directed to the address of the landowner of the real 30
276		-	property as it appears on the records in the office of the county sheriff or 31
277		-	county tax assessor for the mailing of statements for taxes as provided in § 32
278		-	26-35-705. 33
279		-	(d) An application for a permit shall be accompanied by proof that 34
280		-	notice was provided to persons residing in the local government entitled to 35
281		-	receive notice under § 23 -18-513 by publication in a newspaper having 36 As Engrossed: S3/20/25 H4/15/25 SB437
282		-
283		-	8 04-15-2025 09:05:31 ANS010
284		-
285		-
286		-	substantial circulation in the local government of: 1
287		-	(1) A summary of the application for a permit; 2
288		-	(2) A statement of the date on or about which the application is 3
289		-	to be filed; 4
290		-	(3) The locations at which a copy of the application is 5
291		-	available for review by the public; and 6
292		-	(4) The date, time, and location of the public hearings required 7
293		-	in subsection (h) of this section. 8
294		-	(e)(1) An application for a permit shall be accompanied by proof that 9
295		-	the applicant has served a copy of the written notice by certified mail to: 10
296		-	(A) An operator, as reflected in the records of the Oil 11
297		-	and Gas Commission, that is conducting oil and gas operations upon any part 12
298		-	of the surface estate on which the applicant intends to construct the wind 13
299		-	energy facility or the wind energy facility expansion; 14
300		-	(B) An operator, as reflected in the records of the Oil 15
301		-	and Gas Commission, of an unspaced unit, or a unit created by order of the 16
302		-	Oil and Gas Commission, that is conducting oil and gas operations for the 17
303		-	unspaced unit where any part of the unit area is within the geographical 18
304		-	boundaries of the surface estate on which the applicant intends to construct 19
305		-	the wind energy facility or wind energy facility expansion; and 20
306		-	(C) As to tracts of land not described in subdivisions 21
307		-	(e)(1)(A) and (B) of this section on which the applicant intends to construct 22
308		-	a wind energy facility or wind energy facility expansion, all lessees of oil 23
309		-	and gas leases covering the mineral estate underlying any part of the tracts 24
310		-	of land that are filed of record with the circuit clerk in the county where 25
311		-	the tracts are located and whose primary term has not expired. 26
312		-	(2) The service of written notice required under subdivision 27
313		-	(e)(1) of this section shall contain: 28
314		-	(A) A map or plat of the proposed location, with 29
315		-	sufficient specificity of the elements of the wind energy facility to be 30
316		-	located on the local government section that includes any part of the tracts 31
317		-	of land described in subdivisions (e)(1)(A) and (B) of this section; 32
318		-	(B) The approximate date that the applicant proposes to 33
319		-	commence construction of the wind energy facility or the wind energy facility 34
320		-	expansion; and 35
321		-	(C)(i) The return address of the applicant and a statement 36 As Engrossed: S3/20/25 H4/15/25 SB437
322		-
323		-	9 04-15-2025 09:05:31 ANS010
324		-
325		-
326		-	that the recipient of the notice, within thirty (30) days of receipt, is 1
327		-	required to provide the applicant with site and operational and 2
328		-	infrastructure information with sufficient specificity to facilitate the safe 3
329		-	construction and operation of a wind energy facility or a wind energy 4
330		-	facility expansion. 5
331		-	(ii) The information required under subdivision 6
332		-	(e)(2)(C)(i) of this section shall include American Land Title Association 7
333		-	surveys of existing subsurface and surface improvements on the real property, 8
334		-	if any, as well as other technical specifications for existing improvements, 9
335		-	including without limitation pipe size, material, capacity, and depth. 10
336		-	(f)(1) As a condition to the issuance of a permit, an applicant is 11
337		-	required to submit to the Oil and Gas Commission: 12
338		-	(A) The information provided under subdivision 13
339		-	(e)(2)(C)(i) of this section; and 14
340		-	(B) A copy of the written notice required under 15
341		-	subdivision (a)(1) of this section. 16
342		-	(2) The applicant shall obtain approval or conditional approval 17
343		-	from the Oil and Gas Commission. 18
344		-	(g) If the address of a party entitled to notice under this section 19
345		-	cannot be ascertained or the notice cannot be delivered after a reasonable 20
346		-	effort to obtain the information has been made, then an affidavit attesting 21
347		-	to the efforts to locate the party shall be placed in the records of the 22
348		-	circuit clerk where the surface estate is located. 23
349		-	(h)(1) Within sixty (60) days of the publication of the notice 24
350		-	required under subsection (d) of this section , the applicant shall conduct a 25
351		-	public hearing in each county in which the proposed wind energy facility is 26
352		-	to be constructed or expanded. 27
353		-	(2) At the public hearing under subdivision (h)(1) of this 28
354		-	section, the applicant shall: 29
355		-	(A) Provide copies of the notice required under 30
356		-	subdivision (a)(1) of this section; 31
357		-	(B) Be prepared to discuss the contents of the application 32
358		-	for a permit; and 33
359		-	(C) Provide substantive responses to questions asked by 34
360		-	members of the public regarding the application for a permit. 35
361		-	36 As Engrossed: S3/20/25 H4/15/25 SB437
362		-
363		-	10 04-15-2025 09:05:31 ANS010
364		-
365		-
366		-	23-18-1306. Minimum requirements. 1
367		-	(a) The Arkansas Public Service Commission shall require that to 2
368		-	receive a permit for the construction, operation, or redevelopment of a wind 3
369		-	energy facility or a wind energy facility expansion, the owner shall meet the 4
370		-	following minimum requirements: 5
371		-	(1) The minimum setback for the base of any wind turbine of a 6
372		-	wind energy facility from a nonparticipating landowner's property line shall 7
373		-	be equal to the greater of: 8
374		-	(A) Three and five-tenths (3.5) times the total height of 9
375		-	the wind turbine as measured from the ground at its base to the maximum 10
376		-	height of the blade tip; and 11
377		-	(B)(i) Except as provided in subdivision (a)(1)(B)(ii) of 12
378		-	this section, two thousand five hundred feet (2,500'). 13
379		-	(ii) A nonparticipating landowner may elect to sign 14
380		-	a waiver to allow a wind turbine or group of wind turbines of a wind energy 15
381		-	facility to be placed up to one and one -tenth (1.1) times the total height of 16
382		-	the wind turbine as measured from the ground at its base to the maximum 17
383		-	height of the blade tip from the nonparticipating landowner's property line; 18
384		-	and 19
385		-	(2) The minimum setback for the base of a wind turbine of a wind 20
386		-	energy facility shall be one (1) mile from any of the following places 21
387		-	existing at the time the application for the permit is filed: 22
388		-	(A) A public or private school; 23
389		-	(B) A hospital; 24
390		-	(C) A nursing home facility; 25
391		-	(D) A church; 26
392		-	(E) The limits of a city or town; 27
393		-	(F) A state or federal park; and 28
394		-	(G) A public airport. 29
395		-	(b)(1) Except as provided in subdivision (b)(2)(A) of this section, an 30
396		-	application shall be accompanied by an environmental impact assessment 31
397		-	conducted by a qualified, third -party expert and approved by the Arkansas 32
398		-	Public Service Commission, paid for by the applicant, of the potential 33
399		-	adverse impacts within four (4) miles of the perimeter of the wind energy 34
400		-	facility or wind energy facility expansion. 35
401		-	(2)(A) An environmental impact assessment required under 36 As Engrossed: S3/20/25 H4/15/25 SB437
402		-
403		-	11 04-15-2025 09:05:31 ANS010
404		-
405		-
406		-	subdivision (b)(1) of this section shall not be required if an environmental 1
407		-	review of the wind energy facility or any portion of the wind energy facility 2
408		-	is required under the National Environmental Policy Act of 1969, 42 U.S.C. § 3
409		-	4321 et seq., as it existed on January 1, 2025, that includes public input, a 4
410		-	public hearing, an environmental impact statement, and a viewshed analysis. 5
411		-	(B) The environmental impact assessment under subdivision 6
412		-	(b)(2)(A) of this section shall include without limitation a study of the: 7
413		-	(i) Economic impacts to individuals, real property 8
414		-	values, tourism, and agriculture; 9
415		-	(ii) Assessment for compliance with state and 10
416		-	national fire, building, and electrical codes; 11
417		-	(iii) A wildlife impact assessment, including 12
418		-	without limitation a study of the potential adverse impacts to: 13
419		-	(a) Wildlife refuges; 14
420		-	(b) Preserves and management areas; 15
421		-	(c) Areas that provide habitat for threatened 16
422		-	or endangered species; 17
423		-	(d) Primary nursery areas designated by the 18
424		-	Arkansas Game and Fish Commission; and 19
425		-	(e) Critical fisheries habitats identified 20
426		-	under applicable state or federal law; 21
427		-	(iv) Viewshed analysis for: 22
428		-	(a) State and federal parks and forests; 23
429		-	(b) Historic and cultural sites; 24
430		-	(c) Public parks and recreation areas; and 25
431		-	(d) Private conservation land; 26
432		-	(v) Hydrogeological assessment of areas of water 27
433		-	within a minimum of four (4) miles of the perimeter of the wind energy 28
434		-	facility or wind energy facility expansion, including: 29
435		-	(a) Bodies of water; 30
436		-	(b) Flowing water sources; 31
437		-	(c) Stormwater runoff; 32
438		-	(d) Wetlands; 33
439		-	(e) Groundwater; 34
440		-	(f) Aquifers; and 35
441		-	(g) Private wells; 36 As Engrossed: S3/20/25 H4/15/25 SB437
442		-
443		-	12 04-15-2025 09:05:31 ANS010
444		-
445		-
446		-	(vi)(a) Risk assessment and mitigation 1
447		-	recommendations for shadow flicker and incidents, including wind turbine 2
448		-	fires, structural damage or failure, ice throw, blade shear, and hazardous 3
449		-	material spills. 4
450		-	(b) Except as provided in subdivision 5
451		-	(b)(2)(B)(vi)(c) of this section, shadow flicker shall not exceed thirty (30) 6
452		-	hours annually as verified in an assessment prepared according to 7
453		-	professional standards. 8
454		-	(c) A nonparticipating landowner may elect to 9
455		-	sign a written waiver to allow ice throw, blade shear, or shadow flicker from 10
456		-	any wind turbine or group of wind turbines on the nonparticipating 11
457		-	landowner’s property; 12
458		-	(vii) Risk assessment for civil air navigation, 13
459		-	military or law enforcement routes or training exercises, emergency medical 14
460		-	flights, radar operations, and mobile phone services; and 15
461		-	(viii) Risk assessment for lighting requirements 16
462		-	beyond that which may be required by the Federal Aviation Administration, 17
463		-	including the requirement that the wind energy facility be equipped with a 18
464		-	Federal Aviation Administration -approved aircraft detection lighting system. 19
465		-	(c)(1) Except during an event of inclement weather that prevents the 20
466		-	operator of a wind energy facility from controlling the noise level of one 21
467		-	(1) or more wind turbines that are part of the wind energy facility, any wind 22
468		-	turbine or group of wind turbines of a wind energy facility shall not exceed 23
469		-	an emission limit at a nonparticipating landowner's dwelling of thirty -five 24
470		-	A-weighted decibels (35 dBA) and forty -five A-weighted decibels (45 dBA) at a 25
471		-	nonparticipating landowner's property line as determined by a qualified, 26
472		-	third-party acoustics expert according to rules adopted by the Arkansas 27
473		-	Public Service Commission based on the American National Standards Institute 28
474		-	Standard 12.9 and other applicable American National Standards Institute 29
475		-	standards. 30
476		-	(2) Before construction of a wind energy facility or wind energy 31
477		-	facility expansion, a qualified, third -party acoustics expert, selected and 32
478		-	paid for by the applicant, shall make a baseline determination of 33
479		-	preconstruction noise levels, including modeling and enforcement. 34
480		-	(3) A nonparticipating landowner may elect to sign a written 35
481		-	waiver to allow noise levels greater than those stated under subdivision 36 As Engrossed: S3/20/25 H4/15/25 SB437
482		-
483		-	13 04-15-2025 09:05:31 ANS010
484		-
485		-
486		-	(c)(1) of this section from any wind turbine or group of wind turbines on the 1
487		-	nonparticipating landowner’s property. 2
488		-	3
489		-	23-18-1307. Application requirements. 4
490		-	(a) An application for a permit for the construction, operation, or 5
491		-	redevelopment of a wind energy facility or a wind energy facility expansion 6
492		-	shall include: 7
493		-	(1) A written determination of no hazard by the Federal Aviation 8
494		-	Administration; and 9
495		-	(2) A development and management plan. 10
496		-	(b) The development and management plan under subdivision (a)(2) of 11
497		-	this section shall address: 12
498		-	(1) Physical characteristics of the wind energy facility to 13
499		-	protect the health and safety of the public; 14
500		-	(2) Electric standards that meet all national electric codes; 15
501		-	(3) Construction, operation, and maintenance standards that 16
502		-	comply with all building codes and ensure that the wind energy facility is 17
503		-	maintained in a manner that protects the public and complies with all 18
504		-	requirements of this subchapter; and 19
505		-	(4)(A) Emergency procedures. 20
506		-	(B) The emergency procedures under this subdivision (b)(4) 21
507		-	shall include: 22
508		-	(i) A plan to provide notice to the Arkansas Public 23
509		-	Service Commission and local emergency agencies within twenty -four (24) hours 24
510		-	of an emergency; 25
511		-	(ii) A plan to address an emergency situation, 26
512		-	including written procedures that provide for shutting down the wind energy 27
513		-	facility or a portion of the wind energy facility, as appropriate; 28
514		-	(iii) An emergency evacuation plan for an area 29
515		-	within two (2) miles of a wind energy facility, including the location of 30
516		-	alternate landing zones for emergency services aircraft; 31
517		-	(iv) An emergency plan shall be reviewed at least 32
518		-	annually by the owner or operator of the wind energy facility in 33
519		-	collaboration with the fire service, law enforcement, and other appropriate 34
520		-	first responders to update and improve the emergency plan as needed; 35
521		-	(v) A plan for the owner to distribute current 36 As Engrossed: S3/20/25 H4/15/25 SB437
522		-
523		-	14 04-15-2025 09:05:31 ANS010
524		-
525		-
526		-	copies of the emergency plan to the local legislative body and fire service, 1
527		-	law enforcement, and other appropriate first responders as identified by the 2
528		-	local government; 3
529		-	(vi) A plan, if a local government requires, for the 4
530		-	owner, at the owner's expense, to provide annual training for fire service, 5
531		-	law enforcement, and other appropriate first responders regarding responding 6
532		-	to a wind energy facility emergency until the wind energy facility has been 7
533		-	decommissioned; 8
534		-	(vii) A requirement that the owner shall furnish its 9
535		-	operator, supervisors, and employees who are responsible for emergency action 10
536		-	a copy of the current edition of the emergency procedures established under 11
537		-	this section to ensure compliance with the procedures; 12
538		-	(viii) A requirement that the owner shall train the 13
539		-	appropriate operating personnel to ensure the personnel has knowledge of the 14
540		-	emergency procedures and verify that the training is effective; and 15
541		-	(ix) A plan that as soon as possible after the end 16
542		-	of a wind energy facility emergency, the owner review employee activities to 17
543		-	determine whether or not the emergency procedures were effectively followed. 18
544		-	19
545		-	23-18-1308. Decommissioning requirements. 20
546		-	(a) An owner is responsible, at the owner's expense, for the proper 21
547		-	decommissioning of a wind energy facility. 22
548		-	(b)(1) Before the start of construction of a wind energy facility, the 23
549		-	applicant for a permit for the construction or operation of the wind energy 24
550		-	facility or wind energy facility expansion shall establish financial security 25
551		-	in the amount of one hundred percent (100%) of the estimate of the total cost 26
552		-	to decommission and remove the wind energy facility as determined by an 27
553		-	independent consultant, selected and paid for by the applicant. 28
554		-	(2) To establish financial security under subdivision (b)(1) of 29
555		-	this section, the applicant shall file with the Arkansas Public Service 30
556		-	Commission a surety bond, collateral bond, irrevocable letter of credit, 31
557		-	parent guaranty, cash, cashier's check, certificate of deposit, bank joint 32
558		-	custody receipt, or other approved negotiated instrument, or any combination 33
559		-	of the items listed in this subdivision (b)(2), in the amount required by 34
560		-	subdivision (b)(1) of this section. 35
561		-	(c) A wind energy facility shall be decommissioned or removed if: 36 As Engrossed: S3/20/25 H4/15/25 SB437
562		-
563		-	15 04-15-2025 09:05:31 ANS010
564		-
565		-
566		-	(1) A wind turbine of a wind energy facility ceases to generate 1
567		-	electricity for one hundred eighty (180) continuous days, unless: 2
568		-	(A) The termination of electricity was mandated by state 3
569		-	or federal law; or 4
570		-	(B)(i) As authorized by the commission. 5
571		-	(ii) Two (2) extensions may be allowed by the 6
572		-	commission for one-hundred-eighty-day periods at a time if the wind energy 7
573		-	facility continues to be maintained in proper working order; or 8
574		-	(2)(A) Any wind turbine or group of wind turbines of a wind 9
575		-	energy facility violates the noise level restrictions under § 23 -18-10
576		-	1306(c)(1), unless the wind turbine or group of wind turbines is brought into 11
577		-	compliance within one hundred eighty (180) days of the violation. 12
578		-	(B) One (1) extension under subdivision (c)(2)(A) of this 13
579		-	section is permitted. 14
580		-	(d) Within twelve (12) months following the decommissioning of a wind 15
581		-	energy facility or wind energy facility expansion, the property shall be 16
582		-	restored to its original condition before commencement of activities on the 17
583		-	site. 18
584		-	(e) Not less than one (1) time every five (5) years following the 19
585		-	issuance of the permit by the commission, the commission may require the 20
586		-	owner to: 21
587		-	(1) Update the estimated costs of decommissioning and removal; 22
588		-	(2) File the new estimate with the commission; and 23
589		-	(3) Provide a surety bond, collateral bond, irrevocable letter 24
590		-	of credit, parent guaranty, cash, cashier's check, certificate of deposit, 25
591		-	bank joint custody receipt, or other approved negotiated instrument, or any 26
592		-	combination of the items listed in this subdivision (e)(3), in the updated 27
593		-	amount. 28
594		-	(f) Proper decommissioning of a wind energy facility shall include: 29
595		-	(1) Removal of wind turbines, towers, buildings, cabling, 30
596		-	electrical components, foundations, and any other associated facilities, to a 31
597		-	depth of forty-eight (48) inches below grade in the ground; and 32
598		-	(2)(A) Except as provided in subdivision (h)(2)(B) of this 33
599		-	section, disturbed earth being graded and reseeded or otherwise restored to 34
600		-	substantially the same physical condition as it existed before the 35
601		-	construction of the wind energy facility by the owner. 36 As Engrossed: S3/20/25 H4/15/25 SB437
602		-
603		-	16 04-15-2025 09:05:31 ANS010
604		-
605		-
606		-	(B) Replacement of trees that may have been removed during 1
607		-	construction is not required. 2
608		-	(g)(1) Decommissioning of a wind energy facility or individual pieces 3
609		-	of commercial wind energy equipment shall be completed by the owner within 4
610		-	twelve (12) months after: 5
611		-	(A) Abandonment; 6
612		-	(B) The end of the useful life of the commercial wind 7
613		-	energy equipment in the wind energy facility; or 8
614		-	(C) Receipt of a notice to decommission or remove under 9
615		-	subsection (c) of this section. 10
616		-	(2) If the owner fails to complete the decommissioning within 11
617		-	the period prescribed under subdivision (g)(1) of this section, the 12
618		-	commission shall take such measures as are necessary to complete the 13
619		-	decommissioning. 14
620		-	(h) A lease or other agreement between a landowner and an owner may 15
621		-	contain provisions for decommissioning that are more restrictive than those 16
622		-	provided under this section. 17
623		-	18
624		-	23-18-1309. Insurance requirements. 19
625		-	(a) Before commencing construction of a wind energy facility, the 20
626		-	owner or operator shall obtain and keep in effect, either: 21
627		-	(1) A commercial general liability insurance policy with a limit 22
628		-	consistent with prevailing industry standards as determined by the Arkansas 23
629		-	Public Service Commission; or 24
630		-	(2) A combination of self-insurance and an excess liability 25
631		-	insurance policy approved by the commission. 26
632		-	(b) The owner shall cause the landowner of the real property where the 27
633		-	wind turbine or wind energy facility is located to be named as an additional 28
634		-	insured in the insurance policy. 29
635		-	(c)(1) The owner or operator shall deliver to a landowner who has 30
636		-	entered into a lease, easement, or other agreement with the owner a 31
637		-	certificate of insurance evidencing the insurance policy. 32
638		-	(2) The landowner shall be given a notice of at least thirty 33
639		-	(30) days before any material modification, cancellation, or termination of 34
640		-	the insurance policy. 35
641		-	36 As Engrossed: S3/20/25 H4/15/25 SB437
642		-
643		-	17 04-15-2025 09:05:31 ANS010
644		-
645		-
646		-	23-18-1310. Applicability. 1
647		-	(a) This subchapter does not amend the Arkansas Water and Air 2
648		-	Pollution Control Act, § 8 -4-101 et seq. 3
649		-	(b) This subchapter does not affect the: 4
650		-	(1) Jurisdiction of the Division of Environmental Quality or the 5
651		-	Arkansas Pollution Control and Ecology Commission with respect to water and 6
652		-	air pollution control or other matters within the jurisdiction of the 7
653		-	division or the Arkansas Pollution Control and Ecology Commission; 8
654		-	(2) Jurisdiction of the Arkansas State Game and Fish Commission 9
655		-	with respect to the impact on game and fish of the state; and 10
656		-	(3) Requirement that a person apply for and obtain a permit from 11
657		-	a state agency or federal entity having jurisdiction over the wind energy 12
658		-	facility or wind energy facility expansion. 13
659		-	(c) This subchapter does not apply to a wind energy facility in this 14
660		-	state constructed or which commenced to be constructed on or before September 15
661		-	1, 2024. 16
662		-	17
663		-	23-18-1311. Review by a state agency. 18
664		-	(a) Upon receipt of an application for a permit for the construction, 19
665		-	operation, or redevelopment of a wind energy facility or a wind energy 20
666		-	facility expansion under this subchapter and other requirements the Arkansas 21
667		-	Public Service Commission may adopt, the staff of the commission shall invite 22
668		-	comments from a state agency entitled to service under § 23 -18-513 as to the 23
669		-	adequacy of the application. 24
670		-	(b) The invitation to comment under subsection (a) of this section 25
671		-	shall include a notification to a state agency that comments are required to 26
672		-	be received within one hundred twenty (120) days of the date of the mailing 27
673		-	or delivery of the invitation to comment, unless a state agency requests, for 28
674		-	cause, a longer period for consideration. 29
675		-	(c)(1) Upon review of the comments, if any, the staff shall determine 30
676		-	whether or not the applicant failed to include or adequately develop any 31
677		-	relevant environmental or economic aspect of the wind energy facility. 32
678		-	(2) The commission shall issue a deficiency letter specifying 33
679		-	the deficiencies in the application. 34
680		-	(3) The deficiency letter shall be prepared and served upon the 35
681		-	applicant as promptly as possible but no later than twenty (20) days before 36 As Engrossed: S3/20/25 H4/15/25 SB437
682		-
683		-	18 04-15-2025 09:05:31 ANS010
684		-
685		-
686		-	the date set for a public hearing under § 23-18-1312. 1
687		-	(4) The applicant shall promptly respond to any deficiency 2
688		-	letter, and the public hearing shall be deferred unless the applicant has 3
689		-	responded before the public hearing to any deficiency letter. 4
690		-	5
691		-	23-18-1312. Public hearing. 6
692		-	(a)(1)(A) Upon receipt of an application for a permit for the 7
693		-	construction, operation, or redevelopment of a wind energy facility or a wind 8
694		-	energy facility expansion under this subchapter, the Arkansas Public Service 9
695		-	Commission shall fix a date for the commencement for a public hearing on the 10
696		-	application. 11
697		-	(B) The date of the public hearing under subdivision 12
698		-	(a)(1)(A) of this section shall not be earlier than sixty (60) days after the 13
699		-	date set for the receipt of comments from the state agencies under § 23 -18-14
700		-	1311, including any extensions. 15
701		-	(2) The testimony presented at the public hearing may be 16
702		-	presented in writing or orally, provided that the commission may make rules 17
703		-	designed to exclude repetitive, redundant, or irrelevant testimony. 18
704		-	(3) The Rules of Practice and Procedure of the commission shall 19
705		-	apply to the proceeding. 20
706		-	(b)(1) After the public hearing, the commission may deny, grant, or 21
707		-	conditionally grant the permit. 22
708		-	(2) A permit shall not be granted if the applicant has not 23
709		-	received a permit for the construction or operation of the wind energy 24
710		-	facility or wind energy facility expansion from a state or federal agency 25
711		-	having jurisdiction over the air, water, and other environmental impacts 26
712		-	associated with a wind energy facility or wind energy facility expansion. 27
713		-	28
714		-	23-18-1313. Local legislation. 29
715		-	(a)(1) A local legislative body may adopt local legislation addressing 30
716		-	the construction, expansion, operation, or redevelopment of a wind energy 31
717		-	facility located within the jurisdiction of the local government if the local 32
718		-	legislation is consistent with this subchapter and existing federal and state 33
719		-	law. 34
720		-	(2) Local legislation shall not establish criteria for the 35
721		-	issuance of a local permit that is less restrictive than those established in 36 As Engrossed: S3/20/25 H4/15/25 SB437
722		-
723		-	19 04-15-2025 09:05:31 ANS010
724		-
725		-
726		-	this subchapter. 1
727		-	(b) A local government that regulates the construction, expansion, 2
728		-	operation, or redevelopment of wind energy facilities and wind energy 3
729		-	facility expansions by local legislation shall furnish a certified copy of 4
730		-	the adopted local legislation to the Arkansas Public Service Commission. 5
731		-	6
732		-	23-18-1314. Report to landowners. 7
733		-	(a)(1) An owner or operator of a wind turbine or wind energy facility 8
734		-	shall provide a report to a landowner that has entered into a lease, 9
735		-	easement, or other agreement with the owner of a wind energy facility that is 10
736		-	paid based on the amount of electrical energy produced from the conversion of 11
737		-	wind energy. 12
738		-	(2) The report required under subdivision (a)(1) of this section 13
739		-	shall: 14
740		-	(A) Be provided within ten (10) business days of the 15
741		-	payment to the landowner; and 16
742		-	(B) At a minimum, contain: 17
743		-	(i) Information reasonably necessary to provide the 18
744		-	landowner with an understanding of the basis for the payment the landowner 19
745		-	received; and 20
746		-	(ii) A means of confirming the accuracy of the 21
747		-	information provided under subdivision (a)(2)(B)(i) of this section. 22
748		-	(b)(1) A landowner described under subdivision (a)(1) of this section 23
749		-	may inspect the records of the owner or operator to confirm the accuracy of a 24
750		-	payment made to the landowner within the past twenty -four (24) months. 25
751		-	(2) One (1) inspection under subdivision (b)(1) of this section 26
752		-	is permitted per calendar year. 27
753		-	(c)(1) The owner or operator shall make available within the state all 28
754		-	records, documents, data, and other information, or copies thereof, as are 29
755		-	necessary for a landowner to conduct the inspection specified in subsection 30
756		-	(b) of this section. 31
757		-	(2) The records shall be made available in a location and manner 32
758		-	that affords the landowner reasonable access to the records during normal 33
759		-	business hours. 34
760		-	(3) The landowner shall be permitted a reasonable length of time 35
761		-	to complete the inspection and shall not cause undue disruption to the 36 As Engrossed: S3/20/25 H4/15/25 SB437
762		-
763		-	20 04-15-2025 09:05:31 ANS010
764		-
765		-
766		-	operations of the owner or operator during the inspection. 1
767		-	2
768		-	23-18-1315. Other applicable local, state, and federal permits, licenses, 3
769		-	or approvals. 4
770		-	The issuance of a permit for the construction, operation, or redevelopment 5
771		-	of a wind energy facility or a wind energy facility expansion under this 6
772		-	subchapter does not preclude the need for a person to obtain other local, state, 7
773		-	or federal permits, licenses, or approvals required for a wind energy facility. 8
774		-	9
775		-	23-18-1316. Information subject to disclosure. 10
776		-	(a) Except as provided in subsection (b) of this section, a permit 11
777		-	application for the construction, operation, or redevelopment of a wind 12
778		-	energy facility or a wind energy facility expansion and documents received by 13
779		-	the Arkansas Public Service Commission or a local government under this 14
780		-	subchapter or documents used by the local legislative body to evaluate the 15
781		-	permit application are subject to disclosure under the Freedom of Information 16
782		-	Act of 1967, § 25-19-101 et seq. 17
783		-	(b) Proprietary information contained in a permit application or in 18
784		-	documents submitted in support of the permit application to the commission or 19
785		-	local government under this subchapter or documents used by the commission or 20
786		-	local government to evaluate and approve or deny a permit application shall 21
787		-	remain confidential and is not subject to disclosure to the public under this 22
788		-	section, the Freedom of Information Act of 1967, § 25 -19-101 et seq., or any 23
789		-	other law. 24
790		-	25
791		-	23-18-1317. Federal law. 26
792		-	If a provision of this subchapter conflicts with a current federal law, 27
793		-	including promulgated federal regulations, the federal law shall take 28
794		-	precedence over the conflicting provisions of this subchapter. 29
795		-	30
796		-	23-18-1318. Exemptions. 31
797		-	A wind energy facility project is exempt from this subchapter if the 32
798		-	wind energy facility project is under development as of April 9, 2025. 33
799		-	34
800		-	23-18-1319. Rules. 35
801		-	(a) The Arkansas Public Service Commission shall promulgate rules to 36 As Engrossed: S3/20/25 H4/15/25 SB437
802		-
803		-	21 04-15-2025 09:05:31 ANS010
804		-
805		-
806		-	implement and administer this subchapter. 1
807		-	(b) Rules that the commission shall promulgate under this subchapter 2
808		-	include without limitation rules relating to: 3
809		-	(1) Requirements and terms for a permit for the construction, 4
810		-	operation, or redevelopment of a wind energy facility or a wind energy facility 5
811		-	expansion; 6
812		-	(2) Requirements for an application a permit for the construction, 7
813		-	operation, or redevelopment of a wind energy facility or a wind energy facility 8
814		-	expansion; 9
815		-	(3) Requirements for a renewal application a permit for the 10
816		-	construction, operation, or redevelopment of a wind energy facility or a wind 11
817		-	energy facility expansion; and 12
818		-	(4) The erection, construction, reconstruction, change, 13
819		-	alteration, maintenance, use, operation, and decommissioning of wind energy 14
820		-	facilities, including without limitation the: 15
821		-	(A) Interconnection of power lines and with regional 16
822		-	transmission organizations, independent transmission system operators, or 17
823		-	similar organizations; and 18
824		-	(B) Establishment of necessary cooperation for site visits 19
825		-	and enforcement investigations. 20
826		-	21
827		-	SECTION 2. TEMPORARY LANGUAGE. DO NOT CODIFY. Rules. 22
828		-	(a) The Arkansas Public Service Commission shall promulgate rules 23
829		-	necessary to implement this act. 24
830		-	(b) When adopting the initial rules required under this act, the 25
831		-	commission shall file the final rules with the Secretary of State for 26
832		-	adoption under § 25-15-204(f): 27
833		-	(1) On or before January 1, 2026; or 28
834		-	(2) If approval under § 10 -3-309 has not occurred by January 1, 29
835		-	2026, as soon as practicable after approval under § 10 -3-309. 30
836		-	(c) The commission shall file the proposed rules with the Legislative 31
837		-	Council under § 10-3-309(c) sufficiently in advance of January 1, 2026, so 32
838		-	that the Legislative Council may consider the rules for approval before 33
839		-	January 1, 2026. 34
840		-	35
841		-	APPROVED: 4/21/25 36
	798	+	36