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Arkansas Senate Bill SB639

Arkansas 2025 Regular Session

Arkansas Senate Bill SB639 Compare Versions

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11 Stricken language would be deleted from and underlined language would be added to present law.
22 *ANS527* 04/09/2025 6:34:24 PM ANS527
33 State of Arkansas 1
44 95th General Assembly A Bill 2
55 Regular Session, 2025 SENATE BILL 639 3
66 4
77 By: Senator Caldwell 5
88 By: Representative Hall 6
99 7
1010 For An Act To Be Entitled 8
1111 AN ACT TO CREATE THE ARKANSAS WIND ENERGY DEVELOPMENT 9
1212 ACT; AND FOR OTHER PURPOSES. 10
1313 11
1414 12
1515 Subtitle 13
1616 TO CREATE THE ARKANSAS WIND ENERGY 14
1717 DEVELOPMENT ACT. 15
1818 16
1919 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 17
2020 18
2121 SECTION 1. Arkansas Code Title 23, Chapter 18, is amended to add an 19
2222 additional subchapter to read as follows: 20
2323 21
2424 Subchapter 13 — Arkansas Wind Energy Development Act 22
2525 23
2626 23-18-1301. Title. 24
2727 This subchapter shall be known and may be cited as the "Arkansas Wind 25
2828 Energy Development Act". 26
2929 27
3030 23-18-1302. Legislative findings and intent. 28
3131 (a) The General Assembly finds that: 29
3232 (1) Arkansas's wind energy resources are an important asset for 30
3333 the: 31
3434 (A) Continued economic growth of Arkansas; and 32
3535 (B) Provision of clean and renewable power to the people 33
3636 of Arkansas and the nation as a whole; 34
3737 (2) Promotion of the development of wind energy resources is 35
3838 important to the economic growth of Arkansas; 36 SB639
3939
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4141 (3) The conversion of wind energy into power for utility -scale 1
4242 systems frequently requires large wind energy systems consisting of wind 2
4343 turbines, electrical substations, electrical lines, and other supporting 3
4444 systems; 4
4545 (4) The construction, location, and operation of wind energy 5
4646 facilities can have significant potential impacts on the health, safety, and 6
4747 welfare of the members of the communities in which the wind energy facilities 7
4848 are constructed; 8
4949 (5) It is essential to the public interest to minimize any 9
5050 adverse effect upon the environment and the quality of life of the people of 10
5151 Arkansas that wind energy facilities might cause; 11
5252 (6) The prudent development of wind energy resources requires 12
5353 addressing balancing the needs of wind energy facility developers with those 13
5454 of landowners that provide access to the wind energy resource, including 14
5555 assurances that: 15
5656 (A) Wind energy facilities will be properly constructed 16
5757 and decommissioned; and 17
5858 (B) The landowners will: 18
5959 (i) Have access to adequate information to verify 19
6060 the accuracy of any payments made by wind energy facilities; and 20
6161 (ii) Be adequately protected against hazards and 21
6262 accidents that may arise from the wind energy facilities; 22
6363 (7) A wind energy facility, if abandoned or not properly 23
6464 constructed and maintained, could pose a hazard to the public health, safety, 24
6565 and welfare of the people of this state through mechanical failures, 25
6666 electrical hazards, or the release of hazardous substances; 26
6767 (8) In order to protect the public against health and safety 27
6868 hazards, standards for the safe decommissioning of wind energy facilities 28
6969 should be established, and assurance of adequate financial resources should 29
7070 be given so that a wind energy facility can be properly decommissioned at the 30
7171 end of the wind energy facility's useful life; and 31
7272 (9) A local legislative body should have an opportunity to adopt 32
7373 local legislation addressing the construction of wind energy facilities 33
7474 located in its jurisdiction if the local legislation is consistent with this 34
7575 subchapter and existing federal and state law and does not establish criteria 35
7676 for the issuance of a local permit that are less restrictive than stated 36 SB639
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7979 under this subchapter. 1
8080 (b) It is the intent of the General Assembly that this subchapter 2
8181 shall: 3
8282 (1) Establish the standards and criteria for permitting and 4
8383 regulating wind energy facilities; and 5
8484 (2) Promote, preserve, and protect the public peace, health, 6
8585 safety, and welfare through effective permitting and regulation of wind 7
8686 energy facilities. 8
8787 9
8888 23-18-1303. Definitions. 10
8989 As used in this subchapter: 11
9090 (1) "Abandonment" means the failure to generate electricity in 12
9191 commercial quantities for a period of one hundred eighty (180) consecutive 13
9292 days unless the termination of electricity was: 14
9393 (A) Mandated by state or federal law; or 15
9494 (B) Authorized by the Arkansas Public Service Commission; 16
9595 (2)(A) "Commercial quantities” means an amount of electrical 17
9696 energy sufficient to sell or use off -site from a wind energy facility. 18
9797 (B) "Commercial quantities" does not include amounts of 19
9898 electrical energy only used for the maintenance or testing of the wind energy 20
9999 facility or components of the wind energy facility; 21
100100 (3)(A) "Construct" means the activity of clearing land, 22
101101 excavation, relocation of utilities, a wind energy facility expansion, or 23
102102 other action that would adversely affect the natural environment of the 24
103103 proposed site. 25
104104 (B) "Construct" does not include the activity of: 26
105105 (i) An erection of a meteorological tower; 27
106106 (ii) An environmental assessment; 28
107107 (iii) A survey; 29
108108 (iv) Any necessary borings to ascertain foundation 30
109109 conditions; 31
110110 (v) Any preliminary engineering; or 32
111111 (vi) Any other activities associated with an 33
112112 assessment of development of wind resources on a given parcel of property; 34
113113 (4) "Local government" means: 35
114114 (A) A county; 36 SB639
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117117 (B) A city of the first class or city of the second class; 1
118118 (C) An incorporated town; or 2
119119 (D) Any other political subdivision of this state; 3
120120 (5) "Local legislation" means: 4
121121 (A) An ordinance enacted by a local legislative body; 5
122122 (B) A resolution passed by a local legislative body; 6
123123 (C) A motion made by a local legislative body; 7
124124 (D) An amendment adopted by a local legislative body; or 8
125125 (E) A rule or regulation promulgated by a local legislative 9
126126 body; 10
127127 (6) "Local legislative body" means the governing body of a local 11
128128 government; 12
129129 (7) "Nonparticipating landowner" means a landowner that is not 13
130130 under a lease or other property agreement with the owner or operator of a wind 14
131131 energy facility; 15
132132 (8)(A) "Operate" means an activity associated with the management, 16
133133 operation, and maintenance of a completed wind energy facility. 17
134134 (B) "Operate" includes without limitation installing or 18
135135 improving a wind energy facility; 19
136136 (9) "Operator" means a person that operates a wind energy facility; 20
137137 (10) "Owner" means a person that has a majority equity interest 21
138138 in a wind energy facility; 22
139139 (11) "Person" means a natural person, corporation, limited 23
140140 liability company, partnership, joint venture, or other private business 24
141141 entity; 25
142142 (12)(A) "Proprietary information" means commercial or financial 26
143143 information that: 27
144144 (i) Is used directly or indirectly in the business of 28
145145 an applicant submitting information to a local government under this subchapter; 29
146146 and 30
147147 (ii) Gives an applicant submitting information to a 31
148148 local government under this subchapter an advantage or an opportunity to obtain 32
149149 an advantage over a competitor that does not know of, or otherwise use, the 33
150150 information. 34
151151 (B) "Proprietary information" includes trade secrets; 35
152152 (13) "Redevelop" means the process of replanning, reconstructing, 36 SB639
153153
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155155 or redesigning a wind energy facility, including the acquisition, clearance, 1
156156 development, or disposal, or any combination of these activities, of a wind 2
157157 energy facility; 3
158158 (14)(A) "Transmission facility" means a power cable, 4
159159 distribution line, or other equipment that delivers electricity from a wind 5
160160 turbine located in Arkansas to the point of interconnection with a power 6
161161 distribution grid, long -distance power transmission grid, or other facility 7
162162 by and through which the electricity is distributed or transmitted to one (1) 8
163163 or more customers. 9
164164 (B) "Transmission facility" does not include distribution, 10
165165 transmission, or other facilities that are located beyond the point of 11
166166 interconnection with the power distribution grid or transmission grid; 12
167167 (15) "Useful life" means the amount of time during which a wind 13
168168 energy facility is generating electricity in commercial qu antities; 14
169169 (16)(A) "Wind energy facility" means an electrical energy 15
170170 generation facility consisting of one (1) or more wind turbines under common 16
171171 ownership or operating control, that cumulatively, with any other wind energy 17
172172 facility: 18
173173 (i) Has a rated capacity of five megawatts (5 MW) or 19
174174 more of electrical energy; and 20
175175 (ii) Is more than two hundred feet (200') in height. 21
176176 (B) "Wind energy facility" includes turbines, towers, 22
177177 buildings, transmission facilities, meteorological towers, transformers, 23
178178 control systems, and other associated facilities used to support the 24
179179 operation of the wind energy facility. 25
180180 (C) "Wind energy facility" does not include equipment that 26
181181 when installed in connection with a dwelling transmits or uses wind energy to 27
182182 produce electrical energy in a useful form for residential purposes and is less 28
183183 than two hundred feet (200') in total height; 29
184184 (17) "Wind energy facility expansion" means an activity that: 30
185185 (A) Adds or substantially modifies a wind energy facility, 31
186186 including without limitation increasing the height or the number of the wind 32
187187 turbines, transmission facilities, or other equipment; or 33
188188 (B) Increases the environmental footprint of a wind energy 34
189189 facility; and 35
190190 (18)(A) "Wind turbine" means a wind energy conversion system that 36 SB639
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193193 converts wind energy into electricity using a wind turbine generator. 1
194194 (B) "Wind turbine" includes a turbine, blade, tower, base, 2
195195 and pad transformer, if any. 3
196196 4
197197 23-18-1304. Permit required. 5
198198 (a)(1) A person shall not construct, operate, or redevelop a wind 6
199199 energy facility or wind energy facility expansion in this state unless a 7
200200 permit is obtained under this subchapter. 8
201201 (2) Before a person constructs, operates, or redevelops a wind 9
202202 energy facility or wind energy facility expansion in this state, the person 10
203203 shall obtain: 11
204204 (A) A permit for the construction, operation, or 12
205205 redevelopment from the Arkansas Public Service Commission; and 13
206206 (B) If a local government has adopted local legislation 14
207207 addressing the construction or expansion of a wind energy facility located in 15
208208 the jurisdiction of the local government, a permit from the local legislative 16
209209 body. 17
210210 (b) The commission shall establish the application procedure for a 18
211211 permit to construct, operate, or redevelop a wind energy facility or a wind 19
212212 energy facility expansion. 20
213213 (c) The issuance of a permit under this subchapter is contingent on 21
214214 compliance with this subchapter and other applicable state laws. 22
215215 (d) Subject to the approval of the commission, a permit issued under 23
216216 this subchapter may be transferred to a person that agrees to comply with the 24
217217 terms of the permit. 25
218218 (e) An initial filing fee of two thousand five hundred dollars ($2,500) 26
219219 shall accompany each application for a permit. 27
220220 (f) An application for a permit shall be accompanied by proof of service 28
221221 of the written notice under § 23 -18-1305. 29
222222 30
223223 23-18-1305. Service — Notice requirements. 31
224224 (a)(1) An applicant for a permit for the construction, operation, or 32
225225 redevelopment of a wind energy facility or a wind energy facility expansion 33
226226 shall provide a copy of the application as written notice to: 34
227227 (A) A person listed in § 23 -18-513; 35
228228 (B) The Department of Parks, Heritage, and Tourism; 36 SB639
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231231 (C) The circuit clerk of each county in which the proposed 1
232232 wind energy facility will be located; 2
233233 (D) Any landowner and residents located within four (4) 3
234234 miles of the proposed location of the wind energy facility or wind energy 4
235235 facility expansion; and 5
236236 (E) All public libraries in each county in which the 6
237237 proposed wind energy facility or wind energy facility expansion is to be or 7
238238 may be located for review by the public. 8
239239 (2) The Arkansas Public Service Commission shall prescribe by 9
240240 rule the form and submittal requirements of the written notice required under 10
241241 subdivision (a)(1) of this section. 11
242242 (b) The written notice required under subdivision (a)(1) of this 12
243243 section shall include: 13
244244 (1) A complete description of the wind energy facility, 14
245245 including the number and size of the wind turbines; 15
246246 (2) A map showing the locations of all proposed wind energy 16
247247 facilities; 17
248248 (3) The proposed timeline for construction and operation of the 18
249249 wind energy facility; and 19
250250 (4) A list of locations where the application is available for 20
251251 review by the public. 21
252252 (c) The written notice required under subdivision (a)(1) of this 22
253253 section shall be: 23
254254 (1) Mailed by certified mail; and 24
255255 (2) Directed to the address of the landowner of the real 25
256256 property as it appears on the records in the office of the county sheriff or 26
257257 county tax assessor for the mailing of statements for taxes as provided in § 27
258258 26-35-705. 28
259259 (d) An application for a permit shall be accompanied by proof that 29
260260 notice was provided to persons residing in the local government entitled to 30
261261 receive notice under § 23 -18-513 by publication in a newspaper having 31
262262 substantial circulation in the local government of: 32
263263 (1) A summary of the application for a permit; 33
264264 (2) A statement of the date on or about which the application is 34
265265 to be filed; 35
266266 (3) The locations at which a copy of the application is 36 SB639
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269269 available for review by the public; and 1
270270 (4) The date, time, and location of the public hearings required 2
271271 in subsection (h) of this section. 3
272272 (e)(1) An application for a permit shall be accompanied by proof that 4
273273 the applicant has served a copy of the written notice by certified mail to: 5
274274 (A) An operator, as reflected in the records of the Oil 6
275275 and Gas Commission, that is conducting oil and gas operations upon any part 7
276276 of the surface estate on which the applicant intends to construct the wind 8
277277 energy facility or the wind energy facility expansion; 9
278278 (B) An operator, as reflected in the records of the Oil 10
279279 and Gas Commission, of an unspaced unit, or a unit created by order of the 11
280280 Oil and Gas Commission, that is conducting oil and gas operations for the 12
281281 unspaced unit where any part of the unit area is within the geographical 13
282282 boundaries of the surface estate on which the applicant intends to construct 14
283283 the wind energy facility or wind energy facility expansion; and 15
284284 (C) As to tracts of land not described in subdivisions 16
285285 (e)(1)(A) and (B) of this section on which the applicant intends to construct 17
286286 a wind energy facility or wind energy facility expansion, all lessees of oil 18
287287 and gas leases covering the mineral estate underlying any part of the tracts 19
288288 of land that are filed of record with the circuit clerk in the county where 20
289289 the tracts are located and whose primary term has not expired. 21
290290 (2) The service of written notice required under subdivision 22
291291 (e)(1) of this section shall contain: 23
292292 (A) A map or plat of the proposed location, with 24
293293 sufficient specificity of the elements of the wind energy facility to be 25
294294 located on the local government section that includes any part of the tracts 26
295295 of land described in subdivisions (e)(1)(A) and (B) of this section; 27
296296 (B) The approximate date that the applicant proposes to 28
297297 commence construction of the wind energy facility or the wind energy facility 29
298298 expansion; and 30
299299 (C)(i) The return address of the applicant and a statement 31
300300 that the recipient of the notice, within thirty (30) days of receipt, is 32
301301 required to provide the applicant with site and operational and 33
302302 infrastructure information with sufficient specificity to facilitate the safe 34
303303 construction and operation of a wind energy facility or a wind energy 35
304304 facility expansion. 36 SB639
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307307 (ii) The information required under subdivision 1
308308 (e)(2)(C)(i) of this section shall include American Land Title Association 2
309309 surveys of existing subsurface and surface improvements on the real property, 3
310310 if any, as well as other technical specifications for existing improvements, 4
311311 including without limitation pipe size, material, capacity, and depth. 5
312312 (f)(1) As a condition to the issuance of a permit, an applicant is 6
313313 required to submit to the Oil and Gas Commission: 7
314314 (A) The information provided under subdivision 8
315315 (e)(2)(C)(i) of this section; and 9
316316 (B) A copy of the written notice required under 10
317317 subdivision (a)(1) of this section. 11
318318 (2) The applicant shall obtain approval or conditional approval 12
319319 from the Oil and Gas Commission. 13
320320 (g) If the address of a party entitled to notice under this section 14
321321 cannot be ascertained or the notice cannot be delivered after a reasonable 15
322322 effort to obtain the information has been made, then an affidavit attesting 16
323323 to the efforts to locate the party shall be placed in the records of the 17
324324 circuit clerk where the surface estate is located. 18
325325 (h)(1) Within sixty (60) days of the publication of the notice 19
326326 required under subsection (d) of this section , the applicant shall conduct a 20
327327 public hearing in each county in which the proposed wind energy facility is 21
328328 to be constructed or expanded. 22
329329 (2) At the public hearing under subdivision (h)(1) of this 23
330330 section, the applicant shall: 24
331331 (A) Provide copies of the notice required under 25
332332 subdivision (a)(1) of this section; 26
333333 (B) Be prepared to discuss the contents of the application 27
334334 for a permit; and 28
335335 (C) Provide substantive responses to questions asked by 29
336336 members of the public regarding the application for a permit. 30
337337 31
338338 23-18-1306. Minimum requirements. 32
339339 (a) The Arkansas Public Service Commission shall require that to 33
340340 receive a permit for the construction, operation, or redevelopment of a wind 34
341341 energy facility or a wind energy facility expansion, the owner shall meet the 35
342342 following minimum requirements: 36 SB639
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345345 (1) The minimum setback for the base of any wind turbine of a 1
346346 wind energy facility from a nonparticipating landowner's property line shall 2
347347 be equal to the greater of: 3
348348 (A) Three and five-tenths (3.5) times the total height of 4
349349 the wind turbine as measured from the ground at its base to the maximum 5
350350 height of the blade tip; and 6
351351 (B)(i) Except as provided in subdivision (a)(1)(B)(ii) of 7
352352 this section, two thousand five hundred feet (2,500'). 8
353353 (ii) A nonparticipating landowner may elect to sign 9
354354 a waiver to allow a wind turbine or group of wind turbines of a wind energy 10
355355 facility to be placed up to one and one -tenth (1.1) times the total height of 11
356356 the wind turbine as measured from the ground at its base to the maximum 12
357357 height of the blade tip from the nonparticipating landowner's property line; 13
358358 and 14
359359 (2) The minimum setback for the base of a wind turbine of a wind 15
360360 energy facility shall be one (1) mile from any of the following places 16
361361 existing at the time the application for the permit is filed: 17
362362 (A) A public or private school; 18
363363 (B) A hospital; 19
364364 (C) A nursing home facility; 20
365365 (D) A church; 21
366366 (E) The limits of a city or town; 22
367367 (F) A state or federal park; and 23
368368 (G) A public airport. 24
369369 (b)(1) Except as provided in subdivision (b)(2)(A) of this section, an 25
370370 application shall be accompanied by an environmental impact assessment 26
371371 conducted by a qualified, third -party expert and approved by the Arkansas 27
372372 Public Service Commission, paid for by the applicant, of the potential 28
373373 adverse impacts within four (4) miles of the perimeter of the wind energy 29
374374 facility or wind energy facility expansion. 30
375375 (2)(A) An environmental impact assessment required under 31
376376 subdivision (b)(1) of this section shall not be required if an environmental 32
377377 review of the wind energy facility or any portion of the wind energy facility 33
378378 is required under the National Environmental Policy Act of 1969, 42 U.S.C. § 34
379379 4321 et seq., as it existed on January 1, 2025, that includes public input, a 35
380380 public hearing, an environmental impact statement, and a viewshed analysis. 36 SB639
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383383 (B) The environmental impact assessment under subdivision 1
384384 (b)(2)(A) of this section shall include without limitation a study of the: 2
385385 (i) Economic impacts to individuals, real property 3
386386 values, tourism, and agriculture; 4
387387 (ii) Assessment for compliance with state and 5
388388 national fire, building, and electrical codes; 6
389389 (iii) A wildlife impact assessment, including 7
390390 without limitation a study of the potential adverse impacts to: 8
391391 (a) Wildlife refuges; 9
392392 (b) Preserves and management areas; 10
393393 (c) Areas that provide habitat for threatened 11
394394 or endangered species; 12
395395 (d) Primary nursery areas designated by the 13
396396 Arkansas Game and Fish Commission; and 14
397397 (e) Critical fisheries habitats identified 15
398398 under applicable state or federal law; 16
399399 (iv) Viewshed analysis for: 17
400400 (a) State and federal parks and forests; 18
401401 (b) Historic and cultural sites; 19
402402 (c) Public parks and recreation areas; and 20
403403 (d) Private conservation land; 21
404404 (v) Hydrogeological assessment of areas of water 22
405405 within a minimum of four (4) miles of the perimeter of the wind energy 23
406406 facility or wind energy facility expansion, including: 24
407407 (a) Bodies of water; 25
408408 (b) Flowing water sources; 26
409409 (c) Stormwater runoff; 27
410410 (d) Wetlands; 28
411411 (e) Groundwater; 29
412412 (f) Aquifers; and 30
413413 (g) Private wells; 31
414414 (vi)(a) Risk assessment and mitigation 32
415415 recommendations for shadow flicker and incidents, including wind turbine 33
416416 fires, structural damage or failure, ice throw, blade shear, and hazardous 34
417417 material spills. 35
418418 (b) Except as provided in subdivision 36 SB639
419419
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421421 (b)(2)(B)(vi)(c) of this section, shadow flicker shall not exceed thirty (30) 1
422422 hours annually as verified in an assessment prepared according to 2
423423 professional standards. 3
424424 (c) A nonparticipating landowner may elect to 4
425425 sign a written waiver to allow ice throw, blade shear, or shadow flicker from 5
426426 any wind turbine or group of wind turbines on the nonparticipating 6
427427 landowner’s property; 7
428428 (vii) Risk assessment for civil air navigation, 8
429429 military or law enforcement routes or training exercises, emergency medical 9
430430 flights, radar operations, and mobile phone services; and 10
431431 (viii) Risk assessment for lighting requirements 11
432432 beyond that which may be required by the Federal Aviation Administration, 12
433433 including the requirement that the wind energy facility be equipped with a 13
434434 Federal Aviation Administration -approved aircraft detection lighting system. 14
435435 (c)(1) Except during an event of inclement weather that prevents the 15
436436 operator of a wind energy facility from controlling the noise level of one 16
437437 (1) or more wind turbines that are part of the wind energy facility, any wind 17
438438 turbine or group of wind turbines of a wind energy facility shall not exceed 18
439439 an emission limit at a nonparticipating landowner's dwelling of thirty -five 19
440440 A-weighted decibels (35 dBA) and forty -five A-weighted decibels (45 dBA) at a 20
441441 nonparticipating landowner's property line as determined by a qualified, 21
442442 third-party acoustics expert according to rules adopted by the Arkansas 22
443443 Public Service Commission based on the American National Standards Institute 23
444444 Standard 12.9 and other applicable American National Standards Institute 24
445445 standards. 25
446446 (2) Before construction of a wind energy facility or wind energy 26
447447 facility expansion, a qualified, third -party acoustics expert, selected and 27
448448 paid for by the applicant, shall make a baseline determination of 28
449449 preconstruction noise levels, including modeling and enforcement. 29
450450 (3) A nonparticipating landowner may elect to sign a written 30
451451 waiver to allow noise levels greater than those stated under subdivision 31
452452 (c)(1) of this section from any wind turbine or group of wind turbines on the 32
453453 nonparticipating landowner’s property. 33
454454 34
455455 23-18-1307. Application requirements. 35
456456 (a) An application for a permit for the construction, operation, or 36 SB639
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459459 redevelopment of a wind energy facility or a wind energy facility expansion 1
460460 shall include: 2
461461 (1) A written determination of no hazard by the Federal Aviation 3
462462 Administration; and 4
463463 (2) A development and management plan. 5
464464 (b) The development and management plan under subdivision (a)(2) of 6
465465 this section shall address: 7
466466 (1) Physical characteristics of the wind energy facility to 8
467467 protect the health and safety of the public; 9
468468 (2) Electric standards that meet all national electric codes; 10
469469 (3) Construction, operation, and maintenance standards that 11
470470 comply with all building codes and ensure that the wind energy facility is 12
471471 maintained in a manner that protects the public and complies with all 13
472472 requirements of this subchapter; and 14
473473 (4)(A) Emergency procedures. 15
474474 (B) The emergency procedures under this subdivision (b)(4) 16
475475 shall include: 17
476476 (i) A plan to provide notice to the Arkansas Public 18
477477 Service Commission and local emergency agencies within twenty -four (24) hours 19
478478 of an emergency; 20
479479 (ii) A plan to address an emergency situation, 21
480480 including written procedures that provide for shutting down the wind energy 22
481481 facility or a portion of the wind energy facility, as appropriate; 23
482482 (iii) An emergency evacuation plan for an area 24
483483 within two (2) miles of a wind energy facility, including the location of 25
484484 alternate landing zones for emergency services aircraft; 26
485485 (iv) An emergency plan shall be reviewed at least 27
486486 annually by the owner or operator of the wind energy facility in 28
487487 collaboration with the fire service, law enforcement, and other appropriate 29
488488 first responders to update and improve the emergency plan as needed; 30
489489 (v) A plan for the owner to distribute current 31
490490 copies of the emergency plan to the local legislative body and fire service, 32
491491 law enforcement, and other appropriate first responders as identified by the 33
492492 local government; 34
493493 (vi) A plan, if a local government requires, for the 35
494494 owner, at the owner's expense, to provide annual training for fire service, 36 SB639
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497497 law enforcement, and other appropriate first responders regarding responding 1
498498 to a wind energy facility emergency until the wind energy facility has been 2
499499 decommissioned; 3
500500 (vii) A requirement that the owner shall furnish its 4
501501 operator, supervisors, and employees who are responsible for emergency action 5
502502 a copy of the current edition of the emergency procedures established under 6
503503 this section to ensure compliance with the procedures; 7
504504 (viii) A requirement that the owner shall train the 8
505505 appropriate operating personnel to ensure the personnel has knowledge of the 9
506506 emergency procedures and verify that the training is effective; and 10
507507 (ix) A plan that as soon as possible after the end 11
508508 of a wind energy facility emergency, the owner review employee activities to 12
509509 determine whether or not the emergency procedures were effectively followed. 13
510510 14
511511 23-18-1308. Decommissioning requirements. 15
512512 (a) An owner is responsible, at the owner's expense, for the proper 16
513513 decommissioning of a wind energy facility. 17
514514 (b)(1) Before the start of construction of a wind energy facility, the 18
515515 applicant for a permit for the construction or operation of the wind energy 19
516516 facility or wind energy facility expansion shall establish financial security 20
517517 in the amount of one hundred percent (100%) of the estimate of the total cost 21
518518 to decommission and remove the wind energy facility as determined by an 22
519519 independent consultant, selected and paid for by the applicant. 23
520520 (2) To establish financial security under subdivision (b)(1) of 24
521521 this section, the applicant shall file with the Arkansas Public Service 25
522522 Commission a surety bond, collateral bond, irrevocable letter of credit, 26
523523 parent guaranty, cash, cashier's check, certificate of deposit, bank joint 27
524524 custody receipt, or other approved negotiated instrument, or any combination 28
525525 of the items listed in this subdivision (b)(2), in the amount required by 29
526526 subdivision (b)(1) of this section. 30
527527 (c) A wind energy facility shall be decommissioned or removed if: 31
528528 (1) A wind turbine of a wind energy facility ceases to generate 32
529529 electricity for one hundred eighty (180) continuous days, unless: 33
530530 (A) The termination of electricity was mandated by state 34
531531 or federal law; or 35
532532 (B)(i) As authorized by the commission. 36 SB639
533533
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535535 (ii) Two (2) extensions may be allowed by the 1
536536 commission for one-hundred-eighty-day periods at a time if the wind energy 2
537537 facility continues to be maintained in proper working order; or 3
538538 (2)(A) Any wind turbine or group of wind turbines of a wind 4
539539 energy facility violates the noise level restrictions under § 23 -18-5
540540 1306(c)(1), unless the wind turbine or group of wind turbines is brought into 6
541541 compliance within one hundred eighty (180) days of the violation. 7
542542 (B) One (1) extension under subdivision (c)(2)(A) of this 8
543543 section is permitted. 9
544544 (d) Within twelve (12) months following the decommissioning of a wind 10
545545 energy facility or wind energy facility expansion, the property shall be 11
546546 restored to its original condition before commencement of activities on the 12
547547 site. 13
548548 (e) Not less than one (1) time every five (5) years following the 14
549549 issuance of the permit by the commission, the commission may require the 15
550550 owner to: 16
551551 (1) Update the estimated costs of decommissioning and removal; 17
552552 (2) File the new estimate with the commission; and 18
553553 (3) Provide a surety bond, collateral bond, irrevocable letter 19
554554 of credit, parent guaranty, cash, cashier's check, certificate of deposit, 20
555555 bank joint custody receipt, or other approved negotiated instrument, or any 21
556556 combination of the items listed in this subdivision (e)(3), in the updated 22
557557 amount. 23
558558 (f) Proper decommissioning of a wind energy facility shall include: 24
559559 (1) Removal of wind turbines, towers, buildings, cabling, 25
560560 electrical components, foundations, and any other associated facilities, to a 26
561561 depth of forty-eight (48) inches below grade in the ground; and 27
562562 (2)(A) Except as provided in subdivision (h)(2)(B) of this 28
563563 section, disturbed earth being graded and reseeded or otherwise restored to 29
564564 substantially the same physical condition as it existed before the 30
565565 construction of the wind energy facility by the owner. 31
566566 (B) Replacement of trees that may have been removed during 32
567567 construction is not required. 33
568568 (g)(1) Decommissioning of a wind energy facility or individual pieces 34
569569 of commercial wind energy equipment shall be completed by the owner within 35
570570 twelve (12) months after: 36 SB639
571571
572572 16 04/09/2025 6:34:24 PM ANS527
573573 (A) Abandonment; 1
574574 (B) The end of the useful life of the commercial wind 2
575575 energy equipment in the wind energy facility; or 3
576576 (C) Receipt of a notice to decommission or remove under 4
577577 subsection (c) of this section. 5
578578 (2) If the owner fails to complete the decommissioning within 6
579579 the period prescribed under subdivision (g)(1) of this section, the 7
580580 commission shall take such measures as are necessary to complete the 8
581581 decommissioning. 9
582582 (h) A lease or other agreement between a landowner and an owner may 10
583583 contain provisions for decommissioning that are more restrictive than those 11
584584 provided under this section. 12
585585 13
586586 23-18-1309. Insurance requirements. 14
587587 (a) Before commencing construction of a wind energy facility, the 15
588588 owner or operator shall obtain and keep in effect, either: 16
589589 (1) A commercial general liability insurance policy with a limit 17
590590 consistent with prevailing industry standards as determined by the Arkansas 18
591591 Public Service Commission; or 19
592592 (2) A combination of self-insurance and an excess liability 20
593593 insurance policy approved by the commission. 21
594594 (b) The owner shall cause the landowner of the real property where the 22
595595 wind turbine or wind energy facility is located to be named as an additional 23
596596 insured in the insurance policy. 24
597597 (c)(1) The owner or operator shall deliver to a landowner who has 25
598598 entered into a lease, easement, or other agreement with the owner a 26
599599 certificate of insurance evidencing the insurance policy. 27
600600 (2) The landowner shall be given a notice of at least thirty 28
601601 (30) days before any material modification, cancellation, or termination of 29
602602 the insurance policy. 30
603603 31
604604 23-18-1310. Applicability. 32
605605 (a) This subchapter does not amend the Arkansas Water and Air 33
606606 Pollution Control Act, § 8 -4-101 et seq. 34
607607 (b) This subchapter does not affect the: 35
608608 (1) Jurisdiction of the Division of Environmental Quality or the 36 SB639
609609
610610 17 04/09/2025 6:34:24 PM ANS527
611611 Arkansas Pollution Control and Ecology Commission with respect to water and 1
612612 air pollution control or other matters within the jurisdiction of the 2
613613 division or the Arkansas Pollution Control and Ecology Commission; 3
614614 (2) Jurisdiction of the Arkansas State Game and Fish Commission 4
615615 with respect to the impact on game and fish of the state; and 5
616616 (3) Requirement that a person apply for and obtain a permit from 6
617617 a state agency or federal entity having jurisdiction over the wind energy 7
618618 facility or wind energy facility expansion. 8
619619 (c) This subchapter does not apply to a wind energy facility in this 9
620620 state constructed or which commenced to be constructed on or before September 10
621621 1, 2024. 11
622622 12
623623 23-18-1311. Review by a state agency. 13
624624 (a) Upon receipt of an application for a permit for the construction, 14
625625 operation, or redevelopment of a wind energy facility or a wind energy 15
626626 facility expansion under this subchapter and other requirements the Arkansas 16
627627 Public Service Commission may adopt, the staff of the commission shall invite 17
628628 comments from a state agency entitled to service under § 23 -18-513 as to the 18
629629 adequacy of the application. 19
630630 (b) The invitation to comment under subsection (a) of this section 20
631631 shall include a notification to a state agency that comments are required to 21
632632 be received within one hundred twenty (120) days of the date of the mailing 22
633633 or delivery of the invitation to comment, unless a state agency requests, for 23
634634 cause, a longer period for consideration. 24
635635 (c)(1) Upon review of the comments, if any, the staff shall determine 25
636636 whether or not the applicant failed to include or adequately develop any 26
637637 relevant environmental or economic aspect of the wind energy facility. 27
638638 (2) The commission shall issue a deficiency letter specifying 28
639639 the deficiencies in the application. 29
640640 (3) The deficiency letter shall be prepared and served upon the 30
641641 applicant as promptly as possible but no later than twenty (20) days before 31
642642 the date set for a public hearing under § 23-18-1312. 32
643643 (4) The applicant shall promptly respond to any deficiency 33
644644 letter, and the public hearing shall be deferred unless the applicant has 34
645645 responded before the public hearing to any deficiency letter. 35
646646 36 SB639
647647
648648 18 04/09/2025 6:34:24 PM ANS527
649649 23-18-1312. Public hearing. 1
650650 (a)(1)(A) Upon receipt of an application for a permit for the 2
651651 construction, operation, or redevelopment of a wind energy facility or a wind 3
652652 energy facility expansion under this subchapter, the Arkansas Public Service 4
653653 Commission shall fix a date for the commencement for a public hearing on the 5
654654 application. 6
655655 (B) The date of the public hearing under subdivision 7
656656 (a)(1)(A) of this section shall not be earlier than sixty (60) days after the 8
657657 date set for the receipt of comments from the state agencies under § 23 -18-9
658658 1311, including any extensions. 10
659659 (2) The testimony presented at the public hearing may be 11
660660 presented in writing or orally, provided that the commission may make rules 12
661661 designed to exclude repetitive, redundant, or irrelevant testimony. 13
662662 (3) The Rules of Practice and Procedure of the commission shall 14
663663 apply to the proceeding. 15
664664 (b)(1) After the public hearing, the commission may deny, grant, or 16
665665 conditionally grant the permit. 17
666666 (2) A permit shall not be granted if the applicant has not 18
667667 received a permit for the construction or operation of the wind energy 19
668668 facility or wind energy facility expansion from a state or federal agency 20
669669 having jurisdiction over the air, water, and other environmental impacts 21
670670 associated with a wind energy facility or wind energy facility expansion. 22
671671 23
672672 23-18-1313. Local legislation. 24
673673 (a)(1) A local legislative body may adopt local legislation addressing 25
674674 the construction, expansion, operation, or redevelopment of a wind energy 26
675675 facility located within the jurisdiction of the local government if the local 27
676676 legislation is consistent with this subchapter and existing federal and state 28
677677 law. 29
678678 (2) Local legislation shall not establish criteria for the 30
679679 issuance of a local permit that is less restrictive than those established in 31
680680 this subchapter. 32
681681 (b) A local government that regulates the construction, expansion, 33
682682 operation, or redevelopment of wind energy facilities and wind energy 34
683683 facility expansions by local legislation shall furnish a certified copy of 35
684684 the adopted local legislation to the Arkansas Public Service Commission. 36 SB639
685685
686686 19 04/09/2025 6:34:24 PM ANS527
687687 1
688688 23-18-1314. Report to landowners. 2
689689 (a)(1) An owner or operator of a wind turbine or wind energy facility 3
690690 shall provide a report to a landowner that has entered into a lease, 4
691691 easement, or other agreement with the owner of a wind energy facility that is 5
692692 paid based on the amount of electrical energy produced from the conversion of 6
693693 wind energy. 7
694694 (2) The report required under subdivision (a)(1) of this section 8
695695 shall: 9
696696 (A) Be provided within ten (10) business days of the 10
697697 payment to the landowner; and 11
698698 (B) At a minimum, contain: 12
699699 (i) Information reasonably necessary to provide the 13
700700 landowner with an understanding of the basis for the payment the landowner 14
701701 received; and 15
702702 (ii) A means of confirming the accuracy of the 16
703703 information provided under subdivision (a)(2)(B)(i) of this section. 17
704704 (b)(1) A landowner described under subdivision (a)(1) of this section 18
705705 may inspect the records of the owner or operator to confirm the accuracy of a 19
706706 payment made to the landowner within the past twenty -four (24) months. 20
707707 (2) One (1) inspection under subdivision (b)(1) of this section 21
708708 is permitted per calendar year. 22
709709 (c)(1) The owner or operator shall make available within the state all 23
710710 records, documents, data, and other information, or copies thereof, as are 24
711711 necessary for a landowner to conduct the inspection specified in subsection 25
712712 (b) of this section. 26
713713 (2) The records shall be made available in a location and manner 27
714714 that affords the landowner reasonable access to the records during normal 28
715715 business hours. 29
716716 (3) The landowner shall be permitted a reasonable length of time 30
717717 to complete the inspection and shall not cause undue disruption to the 31
718718 operations of the owner or operator during the inspection. 32
719719 33
720720 23-18-1315. Other applicable local, state, and federal permits, licenses, 34
721721 or approvals. 35
722722 The issuance of a permit for the construction, operation, or redevelopment 36 SB639
723723
724724 20 04/09/2025 6:34:24 PM ANS527
725725 of a wind energy facility or a wind energy facility expansion under this 1
726726 subchapter does not preclude the need for a person to obtain other local, state, 2
727727 or federal permits, licenses, or approvals required for a wind energy facility. 3
728728 4
729729 23-18-1316. Information subject to disclosure. 5
730730 (a) Except as provided in subsection (b) of this section, a permit 6
731731 application for the construction, operation, or redevelopment of a wind 7
732732 energy facility or a wind energy facility expansion and documents received by 8
733733 the Arkansas Public Service Commission or a local government under this 9
734734 subchapter or documents used by the local legislative body to evaluate the 10
735735 permit application are subject to disclosure under the Freedom of Information 11
736736 Act of 1967, § 25-19-101 et seq. 12
737737 (b) Proprietary information contained in a permit application or in 13
738738 documents submitted in support of the permit application to the commission or 14
739739 local government under this subchapter or documents used by the commission or 15
740740 local government to evaluate and approve or deny a permit application shall 16
741741 remain confidential and is not subject to disclosure to the public under this 17
742742 section, the Freedom of Information Act of 1967, § 25 -19-101 et seq., or any 18
743743 other law. 19
744744 20
745745 23-18-1317. Federal law. 21
746746 If a provision of this subchapter conflicts with a current federal law, 22
747747 including promulgated federal regulations, the federal law shall take 23
748748 precedence over the conflicting provisions of this subchapter. 24
749749 25
750750 23-18-1318. Exemptions. 26
751751 A wind energy facility project is exempt from this subchapter if: 27
752752 (1) The wind energy facility project is under development as of 28
753753 the effective date of this act; or 29
754754 (2) The wind energy facility project is less than three hundred 30
755755 feet (300') above sea level. 31
756756 32
757757 23-18-1319. Rules. 33
758758 (a) The Arkansas Public Service Commission shall promulgate rules to 34
759759 implement and administer this subchapter. 35
760760 (b) Rules that the commission shall promulgate under this subchapter 36 SB639
761761
762762 21 04/09/2025 6:34:24 PM ANS527
763763 include without limitation rules relating to: 1
764764 (1) Requirements and terms for a permit for the construction, 2
765765 operation, or redevelopment of a wind energy facility or a wind energy facility 3
766766 expansion; 4
767767 (2) Requirements for an application a permit for the construction, 5
768768 operation, or redevelopment of a wind energy facility or a wind energy facility 6
769769 expansion; 7
770770 (3) Requirements for a renewal application a permit for the 8
771771 construction, operation, or redevelopment of a wind energy facility or a wind 9
772772 energy facility expansion ; and 10
773773 (4) The erection, construction, reconstruction, change, 11
774774 alteration, maintenance, use, operation, and decommissioning of wind energy 12
775775 facilities, including without limitation the: 13
776776 (A) Interconnection of power lines and with regional 14
777777 transmission organizations, independent transmission system operators, or 15
778778 similar organizations; and 16
779779 (B) Establishment of necessary cooperation for site visits 17
780780 and enforcement investigations. 18
781781 19
782782 SECTION 2. TEMPORARY LANGUAGE. DO NOT CODIFY. Rules. 20
783783 (a) The Arkansas Public Service Commission shall promulgate rules 21
784784 necessary to implement this act. 22
785785 (b) When adopting the initial rules required under this act, the 23
786786 commission shall file the final rules with the Secretary of State for 24
787787 adoption under § 25-15-204(f): 25
788788 (1) On or before January 1, 2026; or 26
789789 (2) If approval under § 10 -3-309 has not occurred by January 1, 27
790790 2026, as soon as practicable after approval under § 10 -3-309. 28
791791 (c) The commission shall file the proposed rules with the Legislative 29
792792 Council under § 10-3-309(c) sufficiently in advance of January 1, 2026, so 30
793793 that the Legislative Council may consider the rules for approval before 31
794794 January 1, 2026. 32
795795 33
796796 34
797797 35
798798 36