Arkansas 2025 2025 Regular Session

Arkansas Senate Bill SB452 Draft / Bill

Filed 03/13/2025

                    Stricken language would be deleted from and underlined language would be added to present law. 
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State of Arkansas     1 
95th General Assembly A Bill     2 
Regular Session, 2025  	SENATE BILL 452 3 
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By: Senator B. King 5 
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For An Act To Be Entitled 8 
AN ACT CONCERNING CERTAIN CONTRACTS FOR MAINTENANCE 9 
OR RECYCLING OF WIND TURBINES UNDER CERTAIN 10 
CIRCUMSTANCES; AND FOR OTHER PURPOSES. 11 
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Subtitle 14 
CONCERNING CERTAIN CONTRACTS FOR 15 
MAINTENANCE OR RECYCLING OF WIND 16 
TURBINES UNDER CERTAIN CIRCUMSTANCES. 17 
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 19 
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 SECTION 1.  Arkansas Code Title 4, Chapter 75, is amended to add an 21 
additional subchapter to read as follows: 22 
Subchapter 15 — Contracts Involving Maintenance or Recycling of Wind Turbines 23 
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 4-75-1501.  Purpose. 25 
 The purpose of this subchapter is to ensure that a contract between an 26 
entity and a property owner contains a provision addressing the maintenance 27 
and recycling of a wind turbine. 28 
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 4-75-1502.  Definitions. 30 
 (a)  As used in this subchapter: 31 
 (1)  "Maintenance" means the machinery or equipment used to keep 32 
an existing wind turbine in a condition that approaches or equates to the 33 
wind turbine's original condition; 34 
 (2)  "Recycling" means the collection, decontamination, and 35 
return of materials used to construct, maintain, and deconstruct a wind 36    	SB452 
 
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turbine; and 1 
 (3)(A)  "Wind turbine" means an apparatus over two hundred feet 2 
(200') that is used to convert the kinetic energy of wind into electricity. 3 
 (B)  "Wind turbine" includes a turbine, blade, tower, base, 4 
and pad transformer, if any. 5 
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 4-75-1503.  Maintenance and recycling wind turbines. 7 
 (a)  On and after January 1, 2026, a contract between an entity and an 8 
owner of real property for the installation of a wind turbine on real 9 
property in this state is required to include a provision that addresses: 10 
 (1)  The proper maintenance and recycling of a wind turbine; and 11 
 (2)  The disposition of the wind turbine if the entity installing 12 
or maintaining the wind turbine is dissolved, declares bankruptcy, or is no 13 
longer able to maintain the wind turbine. 14 
 (b)  An entity shall agree to assume joint and several liability for 15 
any damages, interest, and penalties that accrue on the part of the owner of 16 
real property for failure to properly maintain and recycle a wind turbine or 17 
to dispose of the wind turbine if the entity is dissolved, declares 18 
bankruptcy, or is no longer able to maintain the wind turbine as part of the 19 
consideration for the contract described under subsection (a) of this 20 
section. 21 
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 4-75-1504.  Enforcement. 23 
 (a)  A violation of this subchapter shall constitute an unfair or 24 
deceptive act or practice as defined by the Deceptive Trade Practices Act, § 25 
4-88-101 et seq. 26 
 (b)  All remedies, penalties, and authority granted to the Attorney 27 
General under the Deceptive Trade Practices Act, § 4 -88-101 et seq., shall be 28 
available to the Attorney General for the enforcement of this subchapter. 29 
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