Stricken language would be deleted from and underlined language would be added to present law.
Act 705 of the Regular Session
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State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 SENATE BILL 594 3
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By: Senator M. McKee 5
By: Representative Milligan 6
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For An Act To Be Entitled 8
AN ACT TO AMEND THE LAW CONCERNING EXEMPTIONS FOR 9
CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY FOR 10
NEW CONSTRUCTION TO SUPPLY A PUBLIC SERVICE OR TO 11
EXTEND A PUBLIC SERVICE; AND FOR OTHER PURPOSES. 12
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Subtitle 15
TO AMEND THE LAW CONCERNING EXEMPTIONS 16
FOR CERTIFICATES OF PUBLIC CONVENIENCE 17
AND NECESSITY FOR NEW CONSTRUCTION TO 18
SUPPLY A PUBLIC SERVICE OR TO EXTEND A 19
PUBLIC SERVICE. 20
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 22
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SECTION 1. Arkansas Code § 23 -3-201(b)(1), concerning exemptions from 24
the requirement of obtaining a certificate of public convenience and 25
necessity, is amended to read as follows: 26
(b)(1) This section does not : 27
(1) require Require a certificate of public convenience and 28
necessity for: 29
(A) The replacement or expansion of existing equipment or 30
facilities with similar equipment or facilities in substantially the same 31
location or the rebuilding, upgrading, modernizing, or reconstructing of 32
equipment or facilities that increase capacity if no increase in the width of 33
an existing right-of-way is required; 34
(B) The construction or operation of equipment or 35
facilities for supplying a public service that has begun under a limited or 36 SB594
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conditional certificate or authority as provided in §§ 23 -3-203 — 23-3-205; 1
(C) The extension of a public service: 2
(i) Within a municipality or district where a public 3
service has been lawfully supplied; 4
(ii) Within or to territory then being served; or 5
(iii) That is necessary in the ordinary course; or 6
(D) Except as provided in § 23 -18-504(c), the construction 7
or operation of a major utility facility as defined in the Utility Facility 8
Environmental and Economic Protection Act, § 23 -18-501 et seq., or any 9
exemption under the Utility Facility Environmental and Economic Protection 10
Act, § 23-18-501 et seq.; or 11
(2) Apply to equipment or facilities a majority of which is 12
owned by one (1) or more exempt wholesale generators as defined in § 23 -1-13
101; 14
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APPROVED: 4/16/25 17
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