Stricken language would be deleted from and underlined language would be added to present law.
*ANS527* 04/09/2025 6:34:24 PM ANS527
State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 SENATE BILL 639 3
4
By: Senator Caldwell 5
By: Representative Hall 6
7
For An Act To Be Entitled 8
AN ACT TO CREATE THE ARKANSAS WIND ENERGY DEVELOPMENT 9
ACT; AND FOR OTHER PURPOSES. 10
11
12
Subtitle 13
TO CREATE THE ARKANSAS WIND ENERGY 14
DEVELOPMENT ACT. 15
16
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 17
18
SECTION 1. Arkansas Code Title 23, Chapter 18, is amended to add an 19
additional subchapter to read as follows: 20
21
Subchapter 13 — Arkansas Wind Energy Development Act 22
23
23-18-1301. Title. 24
This subchapter shall be known and may be cited as the "Arkansas Wind 25
Energy Development Act". 26
27
23-18-1302. Legislative findings and intent. 28
(a) The General Assembly finds that: 29
(1) Arkansas's wind energy resources are an important asset for 30
the: 31
(A) Continued economic growth of Arkansas; and 32
(B) Provision of clean and renewable power to the people 33
of Arkansas and the nation as a whole; 34
(2) Promotion of the development of wind energy resources is 35
important to the economic growth of Arkansas; 36 SB639
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(3) The conversion of wind energy into power for utility -scale 1
systems frequently requires large wind energy systems consisting of wind 2
turbines, electrical substations, electrical lines, and other supporting 3
systems; 4
(4) The construction, location, and operation of wind energy 5
facilities can have significant potential impacts on the health, safety, and 6
welfare of the members of the communities in which the wind energy facilities 7
are constructed; 8
(5) It is essential to the public interest to minimize any 9
adverse effect upon the environment and the quality of life of the people of 10
Arkansas that wind energy facilities might cause; 11
(6) The prudent development of wind energy resources requires 12
addressing balancing the needs of wind energy facility developers with those 13
of landowners that provide access to the wind energy resource, including 14
assurances that: 15
(A) Wind energy facilities will be properly constructed 16
and decommissioned; and 17
(B) The landowners will: 18
(i) Have access to adequate information to verify 19
the accuracy of any payments made by wind energy facilities; and 20
(ii) Be adequately protected against hazards and 21
accidents that may arise from the wind energy facilities; 22
(7) A wind energy facility, if abandoned or not properly 23
constructed and maintained, could pose a hazard to the public health, safety, 24
and welfare of the people of this state through mechanical failures, 25
electrical hazards, or the release of hazardous substances; 26
(8) In order to protect the public against health and safety 27
hazards, standards for the safe decommissioning of wind energy facilities 28
should be established, and assurance of adequate financial resources should 29
be given so that a wind energy facility can be properly decommissioned at the 30
end of the wind energy facility's useful life; and 31
(9) A local legislative body should have an opportunity to adopt 32
local legislation addressing the construction of wind energy facilities 33
located in its jurisdiction if the local legislation is consistent with this 34
subchapter and existing federal and state law and does not establish criteria 35
for the issuance of a local permit that are less restrictive than stated 36 SB639
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under this subchapter. 1
(b) It is the intent of the General Assembly that this subchapter 2
shall: 3
(1) Establish the standards and criteria for permitting and 4
regulating wind energy facilities; and 5
(2) Promote, preserve, and protect the public peace, health, 6
safety, and welfare through effective permitting and regulation of wind 7
energy facilities. 8
9
23-18-1303. Definitions. 10
As used in this subchapter: 11
(1) "Abandonment" means the failure to generate electricity in 12
commercial quantities for a period of one hundred eighty (180) consecutive 13
days unless the termination of electricity was: 14
(A) Mandated by state or federal law; or 15
(B) Authorized by the Arkansas Public Service Commission; 16
(2)(A) "Commercial quantities” means an amount of electrical 17
energy sufficient to sell or use off -site from a wind energy facility. 18
(B) "Commercial quantities" does not include amounts of 19
electrical energy only used for the maintenance or testing of the wind energy 20
facility or components of the wind energy facility; 21
(3)(A) "Construct" means the activity of clearing land, 22
excavation, relocation of utilities, a wind energy facility expansion, or 23
other action that would adversely affect the natural environment of the 24
proposed site. 25
(B) "Construct" does not include the activity of: 26
(i) An erection of a meteorological tower; 27
(ii) An environmental assessment; 28
(iii) A survey; 29
(iv) Any necessary borings to ascertain foundation 30
conditions; 31
(v) Any preliminary engineering; or 32
(vi) Any other activities associated with an 33
assessment of development of wind resources on a given parcel of property; 34
(4) "Local government" means: 35
(A) A county; 36 SB639
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(B) A city of the first class or city of the second class; 1
(C) An incorporated town; or 2
(D) Any other political subdivision of this state; 3
(5) "Local legislation" means: 4
(A) An ordinance enacted by a local legislative body; 5
(B) A resolution passed by a local legislative body; 6
(C) A motion made by a local legislative body; 7
(D) An amendment adopted by a local legislative body; or 8
(E) A rule or regulation promulgated by a local legislative 9
body; 10
(6) "Local legislative body" means the governing body of a local 11
government; 12
(7) "Nonparticipating landowner" means a landowner that is not 13
under a lease or other property agreement with the owner or operator of a wind 14
energy facility; 15
(8)(A) "Operate" means an activity associated with the management, 16
operation, and maintenance of a completed wind energy facility. 17
(B) "Operate" includes without limitation installing or 18
improving a wind energy facility; 19
(9) "Operator" means a person that operates a wind energy facility; 20
(10) "Owner" means a person that has a majority equity interest 21
in a wind energy facility; 22
(11) "Person" means a natural person, corporation, limited 23
liability company, partnership, joint venture, or other private business 24
entity; 25
(12)(A) "Proprietary information" means commercial or financial 26
information that: 27
(i) Is used directly or indirectly in the business of 28
an applicant submitting information to a local government under this subchapter; 29
and 30
(ii) Gives an applicant submitting information to a 31
local government under this subchapter an advantage or an opportunity to obtain 32
an advantage over a competitor that does not know of, or otherwise use, the 33
information. 34
(B) "Proprietary information" includes trade secrets; 35
(13) "Redevelop" means the process of replanning, reconstructing, 36 SB639
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or redesigning a wind energy facility, including the acquisition, clearance, 1
development, or disposal, or any combination of these activities, of a wind 2
energy facility; 3
(14)(A) "Transmission facility" means a power cable, 4
distribution line, or other equipment that delivers electricity from a wind 5
turbine located in Arkansas to the point of interconnection with a power 6
distribution grid, long -distance power transmission grid, or other facility 7
by and through which the electricity is distributed or transmitted to one (1) 8
or more customers. 9
(B) "Transmission facility" does not include distribution, 10
transmission, or other facilities that are located beyond the point of 11
interconnection with the power distribution grid or transmission grid; 12
(15) "Useful life" means the amount of time during which a wind 13
energy facility is generating electricity in commercial qu antities; 14
(16)(A) "Wind energy facility" means an electrical energy 15
generation facility consisting of one (1) or more wind turbines under common 16
ownership or operating control, that cumulatively, with any other wind energy 17
facility: 18
(i) Has a rated capacity of five megawatts (5 MW) or 19
more of electrical energy; and 20
(ii) Is more than two hundred feet (200') in height. 21
(B) "Wind energy facility" includes turbines, towers, 22
buildings, transmission facilities, meteorological towers, transformers, 23
control systems, and other associated facilities used to support the 24
operation of the wind energy facility. 25
(C) "Wind energy facility" does not include equipment that 26
when installed in connection with a dwelling transmits or uses wind energy to 27
produce electrical energy in a useful form for residential purposes and is less 28
than two hundred feet (200') in total height; 29
(17) "Wind energy facility expansion" means an activity that: 30
(A) Adds or substantially modifies a wind energy facility, 31
including without limitation increasing the height or the number of the wind 32
turbines, transmission facilities, or other equipment; or 33
(B) Increases the environmental footprint of a wind energy 34
facility; and 35
(18)(A) "Wind turbine" means a wind energy conversion system that 36 SB639
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converts wind energy into electricity using a wind turbine generator. 1
(B) "Wind turbine" includes a turbine, blade, tower, base, 2
and pad transformer, if any. 3
4
23-18-1304. Permit required. 5
(a)(1) A person shall not construct, operate, or redevelop a wind 6
energy facility or wind energy facility expansion in this state unless a 7
permit is obtained under this subchapter. 8
(2) Before a person constructs, operates, or redevelops a wind 9
energy facility or wind energy facility expansion in this state, the person 10
shall obtain: 11
(A) A permit for the construction, operation, or 12
redevelopment from the Arkansas Public Service Commission; and 13
(B) If a local government has adopted local legislation 14
addressing the construction or expansion of a wind energy facility located in 15
the jurisdiction of the local government, a permit from the local legislative 16
body. 17
(b) The commission shall establish the application procedure for a 18
permit to construct, operate, or redevelop a wind energy facility or a wind 19
energy facility expansion. 20
(c) The issuance of a permit under this subchapter is contingent on 21
compliance with this subchapter and other applicable state laws. 22
(d) Subject to the approval of the commission, a permit issued under 23
this subchapter may be transferred to a person that agrees to comply with the 24
terms of the permit. 25
(e) An initial filing fee of two thousand five hundred dollars ($2,500) 26
shall accompany each application for a permit. 27
(f) An application for a permit shall be accompanied by proof of service 28
of the written notice under § 23 -18-1305. 29
30
23-18-1305. Service — Notice requirements. 31
(a)(1) An applicant for a permit for the construction, operation, or 32
redevelopment of a wind energy facility or a wind energy facility expansion 33
shall provide a copy of the application as written notice to: 34
(A) A person listed in § 23 -18-513; 35
(B) The Department of Parks, Heritage, and Tourism; 36 SB639
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(C) The circuit clerk of each county in which the proposed 1
wind energy facility will be located; 2
(D) Any landowner and residents located within four (4) 3
miles of the proposed location of the wind energy facility or wind energy 4
facility expansion; and 5
(E) All public libraries in each county in which the 6
proposed wind energy facility or wind energy facility expansion is to be or 7
may be located for review by the public. 8
(2) The Arkansas Public Service Commission shall prescribe by 9
rule the form and submittal requirements of the written notice required under 10
subdivision (a)(1) of this section. 11
(b) The written notice required under subdivision (a)(1) of this 12
section shall include: 13
(1) A complete description of the wind energy facility, 14
including the number and size of the wind turbines; 15
(2) A map showing the locations of all proposed wind energy 16
facilities; 17
(3) The proposed timeline for construction and operation of the 18
wind energy facility; and 19
(4) A list of locations where the application is available for 20
review by the public. 21
(c) The written notice required under subdivision (a)(1) of this 22
section shall be: 23
(1) Mailed by certified mail; and 24
(2) Directed to the address of the landowner of the real 25
property as it appears on the records in the office of the county sheriff or 26
county tax assessor for the mailing of statements for taxes as provided in § 27
26-35-705. 28
(d) An application for a permit shall be accompanied by proof that 29
notice was provided to persons residing in the local government entitled to 30
receive notice under § 23 -18-513 by publication in a newspaper having 31
substantial circulation in the local government of: 32
(1) A summary of the application for a permit; 33
(2) A statement of the date on or about which the application is 34
to be filed; 35
(3) The locations at which a copy of the application is 36 SB639
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available for review by the public; and 1
(4) The date, time, and location of the public hearings required 2
in subsection (h) of this section. 3
(e)(1) An application for a permit shall be accompanied by proof that 4
the applicant has served a copy of the written notice by certified mail to: 5
(A) An operator, as reflected in the records of the Oil 6
and Gas Commission, that is conducting oil and gas operations upon any part 7
of the surface estate on which the applicant intends to construct the wind 8
energy facility or the wind energy facility expansion; 9
(B) An operator, as reflected in the records of the Oil 10
and Gas Commission, of an unspaced unit, or a unit created by order of the 11
Oil and Gas Commission, that is conducting oil and gas operations for the 12
unspaced unit where any part of the unit area is within the geographical 13
boundaries of the surface estate on which the applicant intends to construct 14
the wind energy facility or wind energy facility expansion; and 15
(C) As to tracts of land not described in subdivisions 16
(e)(1)(A) and (B) of this section on which the applicant intends to construct 17
a wind energy facility or wind energy facility expansion, all lessees of oil 18
and gas leases covering the mineral estate underlying any part of the tracts 19
of land that are filed of record with the circuit clerk in the county where 20
the tracts are located and whose primary term has not expired. 21
(2) The service of written notice required under subdivision 22
(e)(1) of this section shall contain: 23
(A) A map or plat of the proposed location, with 24
sufficient specificity of the elements of the wind energy facility to be 25
located on the local government section that includes any part of the tracts 26
of land described in subdivisions (e)(1)(A) and (B) of this section; 27
(B) The approximate date that the applicant proposes to 28
commence construction of the wind energy facility or the wind energy facility 29
expansion; and 30
(C)(i) The return address of the applicant and a statement 31
that the recipient of the notice, within thirty (30) days of receipt, is 32
required to provide the applicant with site and operational and 33
infrastructure information with sufficient specificity to facilitate the safe 34
construction and operation of a wind energy facility or a wind energy 35
facility expansion. 36 SB639
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(ii) The information required under subdivision 1
(e)(2)(C)(i) of this section shall include American Land Title Association 2
surveys of existing subsurface and surface improvements on the real property, 3
if any, as well as other technical specifications for existing improvements, 4
including without limitation pipe size, material, capacity, and depth. 5
(f)(1) As a condition to the issuance of a permit, an applicant is 6
required to submit to the Oil and Gas Commission: 7
(A) The information provided under subdivision 8
(e)(2)(C)(i) of this section; and 9
(B) A copy of the written notice required under 10
subdivision (a)(1) of this section. 11
(2) The applicant shall obtain approval or conditional approval 12
from the Oil and Gas Commission. 13
(g) If the address of a party entitled to notice under this section 14
cannot be ascertained or the notice cannot be delivered after a reasonable 15
effort to obtain the information has been made, then an affidavit attesting 16
to the efforts to locate the party shall be placed in the records of the 17
circuit clerk where the surface estate is located. 18
(h)(1) Within sixty (60) days of the publication of the notice 19
required under subsection (d) of this section , the applicant shall conduct a 20
public hearing in each county in which the proposed wind energy facility is 21
to be constructed or expanded. 22
(2) At the public hearing under subdivision (h)(1) of this 23
section, the applicant shall: 24
(A) Provide copies of the notice required under 25
subdivision (a)(1) of this section; 26
(B) Be prepared to discuss the contents of the application 27
for a permit; and 28
(C) Provide substantive responses to questions asked by 29
members of the public regarding the application for a permit. 30
31
23-18-1306. Minimum requirements. 32
(a) The Arkansas Public Service Commission shall require that to 33
receive a permit for the construction, operation, or redevelopment of a wind 34
energy facility or a wind energy facility expansion, the owner shall meet the 35
following minimum requirements: 36 SB639
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(1) The minimum setback for the base of any wind turbine of a 1
wind energy facility from a nonparticipating landowner's property line shall 2
be equal to the greater of: 3
(A) Three and five-tenths (3.5) times the total height of 4
the wind turbine as measured from the ground at its base to the maximum 5
height of the blade tip; and 6
(B)(i) Except as provided in subdivision (a)(1)(B)(ii) of 7
this section, two thousand five hundred feet (2,500'). 8
(ii) A nonparticipating landowner may elect to sign 9
a waiver to allow a wind turbine or group of wind turbines of a wind energy 10
facility to be placed up to one and one -tenth (1.1) times the total height of 11
the wind turbine as measured from the ground at its base to the maximum 12
height of the blade tip from the nonparticipating landowner's property line; 13
and 14
(2) The minimum setback for the base of a wind turbine of a wind 15
energy facility shall be one (1) mile from any of the following places 16
existing at the time the application for the permit is filed: 17
(A) A public or private school; 18
(B) A hospital; 19
(C) A nursing home facility; 20
(D) A church; 21
(E) The limits of a city or town; 22
(F) A state or federal park; and 23
(G) A public airport. 24
(b)(1) Except as provided in subdivision (b)(2)(A) of this section, an 25
application shall be accompanied by an environmental impact assessment 26
conducted by a qualified, third -party expert and approved by the Arkansas 27
Public Service Commission, paid for by the applicant, of the potential 28
adverse impacts within four (4) miles of the perimeter of the wind energy 29
facility or wind energy facility expansion. 30
(2)(A) An environmental impact assessment required under 31
subdivision (b)(1) of this section shall not be required if an environmental 32
review of the wind energy facility or any portion of the wind energy facility 33
is required under the National Environmental Policy Act of 1969, 42 U.S.C. § 34
4321 et seq., as it existed on January 1, 2025, that includes public input, a 35
public hearing, an environmental impact statement, and a viewshed analysis. 36 SB639
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(B) The environmental impact assessment under subdivision 1
(b)(2)(A) of this section shall include without limitation a study of the: 2
(i) Economic impacts to individuals, real property 3
values, tourism, and agriculture; 4
(ii) Assessment for compliance with state and 5
national fire, building, and electrical codes; 6
(iii) A wildlife impact assessment, including 7
without limitation a study of the potential adverse impacts to: 8
(a) Wildlife refuges; 9
(b) Preserves and management areas; 10
(c) Areas that provide habitat for threatened 11
or endangered species; 12
(d) Primary nursery areas designated by the 13
Arkansas Game and Fish Commission; and 14
(e) Critical fisheries habitats identified 15
under applicable state or federal law; 16
(iv) Viewshed analysis for: 17
(a) State and federal parks and forests; 18
(b) Historic and cultural sites; 19
(c) Public parks and recreation areas; and 20
(d) Private conservation land; 21
(v) Hydrogeological assessment of areas of water 22
within a minimum of four (4) miles of the perimeter of the wind energy 23
facility or wind energy facility expansion, including: 24
(a) Bodies of water; 25
(b) Flowing water sources; 26
(c) Stormwater runoff; 27
(d) Wetlands; 28
(e) Groundwater; 29
(f) Aquifers; and 30
(g) Private wells; 31
(vi)(a) Risk assessment and mitigation 32
recommendations for shadow flicker and incidents, including wind turbine 33
fires, structural damage or failure, ice throw, blade shear, and hazardous 34
material spills. 35
(b) Except as provided in subdivision 36 SB639
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(b)(2)(B)(vi)(c) of this section, shadow flicker shall not exceed thirty (30) 1
hours annually as verified in an assessment prepared according to 2
professional standards. 3
(c) A nonparticipating landowner may elect to 4
sign a written waiver to allow ice throw, blade shear, or shadow flicker from 5
any wind turbine or group of wind turbines on the nonparticipating 6
landowner’s property; 7
(vii) Risk assessment for civil air navigation, 8
military or law enforcement routes or training exercises, emergency medical 9
flights, radar operations, and mobile phone services; and 10
(viii) Risk assessment for lighting requirements 11
beyond that which may be required by the Federal Aviation Administration, 12
including the requirement that the wind energy facility be equipped with a 13
Federal Aviation Administration -approved aircraft detection lighting system. 14
(c)(1) Except during an event of inclement weather that prevents the 15
operator of a wind energy facility from controlling the noise level of one 16
(1) or more wind turbines that are part of the wind energy facility, any wind 17
turbine or group of wind turbines of a wind energy facility shall not exceed 18
an emission limit at a nonparticipating landowner's dwelling of thirty -five 19
A-weighted decibels (35 dBA) and forty -five A-weighted decibels (45 dBA) at a 20
nonparticipating landowner's property line as determined by a qualified, 21
third-party acoustics expert according to rules adopted by the Arkansas 22
Public Service Commission based on the American National Standards Institute 23
Standard 12.9 and other applicable American National Standards Institute 24
standards. 25
(2) Before construction of a wind energy facility or wind energy 26
facility expansion, a qualified, third -party acoustics expert, selected and 27
paid for by the applicant, shall make a baseline determination of 28
preconstruction noise levels, including modeling and enforcement. 29
(3) A nonparticipating landowner may elect to sign a written 30
waiver to allow noise levels greater than those stated under subdivision 31
(c)(1) of this section from any wind turbine or group of wind turbines on the 32
nonparticipating landowner’s property. 33
34
23-18-1307. Application requirements. 35
(a) An application for a permit for the construction, operation, or 36 SB639
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redevelopment of a wind energy facility or a wind energy facility expansion 1
shall include: 2
(1) A written determination of no hazard by the Federal Aviation 3
Administration; and 4
(2) A development and management plan. 5
(b) The development and management plan under subdivision (a)(2) of 6
this section shall address: 7
(1) Physical characteristics of the wind energy facility to 8
protect the health and safety of the public; 9
(2) Electric standards that meet all national electric codes; 10
(3) Construction, operation, and maintenance standards that 11
comply with all building codes and ensure that the wind energy facility is 12
maintained in a manner that protects the public and complies with all 13
requirements of this subchapter; and 14
(4)(A) Emergency procedures. 15
(B) The emergency procedures under this subdivision (b)(4) 16
shall include: 17
(i) A plan to provide notice to the Arkansas Public 18
Service Commission and local emergency agencies within twenty -four (24) hours 19
of an emergency; 20
(ii) A plan to address an emergency situation, 21
including written procedures that provide for shutting down the wind energy 22
facility or a portion of the wind energy facility, as appropriate; 23
(iii) An emergency evacuation plan for an area 24
within two (2) miles of a wind energy facility, including the location of 25
alternate landing zones for emergency services aircraft; 26
(iv) An emergency plan shall be reviewed at least 27
annually by the owner or operator of the wind energy facility in 28
collaboration with the fire service, law enforcement, and other appropriate 29
first responders to update and improve the emergency plan as needed; 30
(v) A plan for the owner to distribute current 31
copies of the emergency plan to the local legislative body and fire service, 32
law enforcement, and other appropriate first responders as identified by the 33
local government; 34
(vi) A plan, if a local government requires, for the 35
owner, at the owner's expense, to provide annual training for fire service, 36 SB639
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law enforcement, and other appropriate first responders regarding responding 1
to a wind energy facility emergency until the wind energy facility has been 2
decommissioned; 3
(vii) A requirement that the owner shall furnish its 4
operator, supervisors, and employees who are responsible for emergency action 5
a copy of the current edition of the emergency procedures established under 6
this section to ensure compliance with the procedures; 7
(viii) A requirement that the owner shall train the 8
appropriate operating personnel to ensure the personnel has knowledge of the 9
emergency procedures and verify that the training is effective; and 10
(ix) A plan that as soon as possible after the end 11
of a wind energy facility emergency, the owner review employee activities to 12
determine whether or not the emergency procedures were effectively followed. 13
14
23-18-1308. Decommissioning requirements. 15
(a) An owner is responsible, at the owner's expense, for the proper 16
decommissioning of a wind energy facility. 17
(b)(1) Before the start of construction of a wind energy facility, the 18
applicant for a permit for the construction or operation of the wind energy 19
facility or wind energy facility expansion shall establish financial security 20
in the amount of one hundred percent (100%) of the estimate of the total cost 21
to decommission and remove the wind energy facility as determined by an 22
independent consultant, selected and paid for by the applicant. 23
(2) To establish financial security under subdivision (b)(1) of 24
this section, the applicant shall file with the Arkansas Public Service 25
Commission a surety bond, collateral bond, irrevocable letter of credit, 26
parent guaranty, cash, cashier's check, certificate of deposit, bank joint 27
custody receipt, or other approved negotiated instrument, or any combination 28
of the items listed in this subdivision (b)(2), in the amount required by 29
subdivision (b)(1) of this section. 30
(c) A wind energy facility shall be decommissioned or removed if: 31
(1) A wind turbine of a wind energy facility ceases to generate 32
electricity for one hundred eighty (180) continuous days, unless: 33
(A) The termination of electricity was mandated by state 34
or federal law; or 35
(B)(i) As authorized by the commission. 36 SB639
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(ii) Two (2) extensions may be allowed by the 1
commission for one-hundred-eighty-day periods at a time if the wind energy 2
facility continues to be maintained in proper working order; or 3
(2)(A) Any wind turbine or group of wind turbines of a wind 4
energy facility violates the noise level restrictions under § 23 -18-5
1306(c)(1), unless the wind turbine or group of wind turbines is brought into 6
compliance within one hundred eighty (180) days of the violation. 7
(B) One (1) extension under subdivision (c)(2)(A) of this 8
section is permitted. 9
(d) Within twelve (12) months following the decommissioning of a wind 10
energy facility or wind energy facility expansion, the property shall be 11
restored to its original condition before commencement of activities on the 12
site. 13
(e) Not less than one (1) time every five (5) years following the 14
issuance of the permit by the commission, the commission may require the 15
owner to: 16
(1) Update the estimated costs of decommissioning and removal; 17
(2) File the new estimate with the commission; and 18
(3) Provide a surety bond, collateral bond, irrevocable letter 19
of credit, parent guaranty, cash, cashier's check, certificate of deposit, 20
bank joint custody receipt, or other approved negotiated instrument, or any 21
combination of the items listed in this subdivision (e)(3), in the updated 22
amount. 23
(f) Proper decommissioning of a wind energy facility shall include: 24
(1) Removal of wind turbines, towers, buildings, cabling, 25
electrical components, foundations, and any other associated facilities, to a 26
depth of forty-eight (48) inches below grade in the ground; and 27
(2)(A) Except as provided in subdivision (h)(2)(B) of this 28
section, disturbed earth being graded and reseeded or otherwise restored to 29
substantially the same physical condition as it existed before the 30
construction of the wind energy facility by the owner. 31
(B) Replacement of trees that may have been removed during 32
construction is not required. 33
(g)(1) Decommissioning of a wind energy facility or individual pieces 34
of commercial wind energy equipment shall be completed by the owner within 35
twelve (12) months after: 36 SB639
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(A) Abandonment; 1
(B) The end of the useful life of the commercial wind 2
energy equipment in the wind energy facility; or 3
(C) Receipt of a notice to decommission or remove under 4
subsection (c) of this section. 5
(2) If the owner fails to complete the decommissioning within 6
the period prescribed under subdivision (g)(1) of this section, the 7
commission shall take such measures as are necessary to complete the 8
decommissioning. 9
(h) A lease or other agreement between a landowner and an owner may 10
contain provisions for decommissioning that are more restrictive than those 11
provided under this section. 12
13
23-18-1309. Insurance requirements. 14
(a) Before commencing construction of a wind energy facility, the 15
owner or operator shall obtain and keep in effect, either: 16
(1) A commercial general liability insurance policy with a limit 17
consistent with prevailing industry standards as determined by the Arkansas 18
Public Service Commission; or 19
(2) A combination of self-insurance and an excess liability 20
insurance policy approved by the commission. 21
(b) The owner shall cause the landowner of the real property where the 22
wind turbine or wind energy facility is located to be named as an additional 23
insured in the insurance policy. 24
(c)(1) The owner or operator shall deliver to a landowner who has 25
entered into a lease, easement, or other agreement with the owner a 26
certificate of insurance evidencing the insurance policy. 27
(2) The landowner shall be given a notice of at least thirty 28
(30) days before any material modification, cancellation, or termination of 29
the insurance policy. 30
31
23-18-1310. Applicability. 32
(a) This subchapter does not amend the Arkansas Water and Air 33
Pollution Control Act, § 8 -4-101 et seq. 34
(b) This subchapter does not affect the: 35
(1) Jurisdiction of the Division of Environmental Quality or the 36 SB639
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Arkansas Pollution Control and Ecology Commission with respect to water and 1
air pollution control or other matters within the jurisdiction of the 2
division or the Arkansas Pollution Control and Ecology Commission; 3
(2) Jurisdiction of the Arkansas State Game and Fish Commission 4
with respect to the impact on game and fish of the state; and 5
(3) Requirement that a person apply for and obtain a permit from 6
a state agency or federal entity having jurisdiction over the wind energy 7
facility or wind energy facility expansion. 8
(c) This subchapter does not apply to a wind energy facility in this 9
state constructed or which commenced to be constructed on or before September 10
1, 2024. 11
12
23-18-1311. Review by a state agency. 13
(a) Upon receipt of an application for a permit for the construction, 14
operation, or redevelopment of a wind energy facility or a wind energy 15
facility expansion under this subchapter and other requirements the Arkansas 16
Public Service Commission may adopt, the staff of the commission shall invite 17
comments from a state agency entitled to service under § 23 -18-513 as to the 18
adequacy of the application. 19
(b) The invitation to comment under subsection (a) of this section 20
shall include a notification to a state agency that comments are required to 21
be received within one hundred twenty (120) days of the date of the mailing 22
or delivery of the invitation to comment, unless a state agency requests, for 23
cause, a longer period for consideration. 24
(c)(1) Upon review of the comments, if any, the staff shall determine 25
whether or not the applicant failed to include or adequately develop any 26
relevant environmental or economic aspect of the wind energy facility. 27
(2) The commission shall issue a deficiency letter specifying 28
the deficiencies in the application. 29
(3) The deficiency letter shall be prepared and served upon the 30
applicant as promptly as possible but no later than twenty (20) days before 31
the date set for a public hearing under § 23-18-1312. 32
(4) The applicant shall promptly respond to any deficiency 33
letter, and the public hearing shall be deferred unless the applicant has 34
responded before the public hearing to any deficiency letter. 35
36 SB639
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23-18-1312. Public hearing. 1
(a)(1)(A) Upon receipt of an application for a permit for the 2
construction, operation, or redevelopment of a wind energy facility or a wind 3
energy facility expansion under this subchapter, the Arkansas Public Service 4
Commission shall fix a date for the commencement for a public hearing on the 5
application. 6
(B) The date of the public hearing under subdivision 7
(a)(1)(A) of this section shall not be earlier than sixty (60) days after the 8
date set for the receipt of comments from the state agencies under § 23 -18-9
1311, including any extensions. 10
(2) The testimony presented at the public hearing may be 11
presented in writing or orally, provided that the commission may make rules 12
designed to exclude repetitive, redundant, or irrelevant testimony. 13
(3) The Rules of Practice and Procedure of the commission shall 14
apply to the proceeding. 15
(b)(1) After the public hearing, the commission may deny, grant, or 16
conditionally grant the permit. 17
(2) A permit shall not be granted if the applicant has not 18
received a permit for the construction or operation of the wind energy 19
facility or wind energy facility expansion from a state or federal agency 20
having jurisdiction over the air, water, and other environmental impacts 21
associated with a wind energy facility or wind energy facility expansion. 22
23
23-18-1313. Local legislation. 24
(a)(1) A local legislative body may adopt local legislation addressing 25
the construction, expansion, operation, or redevelopment of a wind energy 26
facility located within the jurisdiction of the local government if the local 27
legislation is consistent with this subchapter and existing federal and state 28
law. 29
(2) Local legislation shall not establish criteria for the 30
issuance of a local permit that is less restrictive than those established in 31
this subchapter. 32
(b) A local government that regulates the construction, expansion, 33
operation, or redevelopment of wind energy facilities and wind energy 34
facility expansions by local legislation shall furnish a certified copy of 35
the adopted local legislation to the Arkansas Public Service Commission. 36 SB639
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1
23-18-1314. Report to landowners. 2
(a)(1) An owner or operator of a wind turbine or wind energy facility 3
shall provide a report to a landowner that has entered into a lease, 4
easement, or other agreement with the owner of a wind energy facility that is 5
paid based on the amount of electrical energy produced from the conversion of 6
wind energy. 7
(2) The report required under subdivision (a)(1) of this section 8
shall: 9
(A) Be provided within ten (10) business days of the 10
payment to the landowner; and 11
(B) At a minimum, contain: 12
(i) Information reasonably necessary to provide the 13
landowner with an understanding of the basis for the payment the landowner 14
received; and 15
(ii) A means of confirming the accuracy of the 16
information provided under subdivision (a)(2)(B)(i) of this section. 17
(b)(1) A landowner described under subdivision (a)(1) of this section 18
may inspect the records of the owner or operator to confirm the accuracy of a 19
payment made to the landowner within the past twenty -four (24) months. 20
(2) One (1) inspection under subdivision (b)(1) of this section 21
is permitted per calendar year. 22
(c)(1) The owner or operator shall make available within the state all 23
records, documents, data, and other information, or copies thereof, as are 24
necessary for a landowner to conduct the inspection specified in subsection 25
(b) of this section. 26
(2) The records shall be made available in a location and manner 27
that affords the landowner reasonable access to the records during normal 28
business hours. 29
(3) The landowner shall be permitted a reasonable length of time 30
to complete the inspection and shall not cause undue disruption to the 31
operations of the owner or operator during the inspection. 32
33
23-18-1315. Other applicable local, state, and federal permits, licenses, 34
or approvals. 35
The issuance of a permit for the construction, operation, or redevelopment 36 SB639
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of a wind energy facility or a wind energy facility expansion under this 1
subchapter does not preclude the need for a person to obtain other local, state, 2
or federal permits, licenses, or approvals required for a wind energy facility. 3
4
23-18-1316. Information subject to disclosure. 5
(a) Except as provided in subsection (b) of this section, a permit 6
application for the construction, operation, or redevelopment of a wind 7
energy facility or a wind energy facility expansion and documents received by 8
the Arkansas Public Service Commission or a local government under this 9
subchapter or documents used by the local legislative body to evaluate the 10
permit application are subject to disclosure under the Freedom of Information 11
Act of 1967, § 25-19-101 et seq. 12
(b) Proprietary information contained in a permit application or in 13
documents submitted in support of the permit application to the commission or 14
local government under this subchapter or documents used by the commission or 15
local government to evaluate and approve or deny a permit application shall 16
remain confidential and is not subject to disclosure to the public under this 17
section, the Freedom of Information Act of 1967, § 25 -19-101 et seq., or any 18
other law. 19
20
23-18-1317. Federal law. 21
If a provision of this subchapter conflicts with a current federal law, 22
including promulgated federal regulations, the federal law shall take 23
precedence over the conflicting provisions of this subchapter. 24
25
23-18-1318. Exemptions. 26
A wind energy facility project is exempt from this subchapter if: 27
(1) The wind energy facility project is under development as of 28
the effective date of this act; or 29
(2) The wind energy facility project is less than three hundred 30
feet (300') above sea level. 31
32
23-18-1319. Rules. 33
(a) The Arkansas Public Service Commission shall promulgate rules to 34
implement and administer this subchapter. 35
(b) Rules that the commission shall promulgate under this subchapter 36 SB639
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include without limitation rules relating to: 1
(1) Requirements and terms for a permit for the construction, 2
operation, or redevelopment of a wind energy facility or a wind energy facility 3
expansion; 4
(2) Requirements for an application a permit for the construction, 5
operation, or redevelopment of a wind energy facility or a wind energy facility 6
expansion; 7
(3) Requirements for a renewal application a permit for the 8
construction, operation, or redevelopment of a wind energy facility or a wind 9
energy facility expansion ; and 10
(4) The erection, construction, reconstruction, change, 11
alteration, maintenance, use, operation, and decommissioning of wind energy 12
facilities, including without limitation the: 13
(A) Interconnection of power lines and with regional 14
transmission organizations, independent transmission system operators, or 15
similar organizations; and 16
(B) Establishment of necessary cooperation for site visits 17
and enforcement investigations. 18
19
SECTION 2. TEMPORARY LANGUAGE. DO NOT CODIFY. Rules. 20
(a) The Arkansas Public Service Commission shall promulgate rules 21
necessary to implement this act. 22
(b) When adopting the initial rules required under this act, the 23
commission shall file the final rules with the Secretary of State for 24
adoption under § 25-15-204(f): 25
(1) On or before January 1, 2026; or 26
(2) If approval under § 10 -3-309 has not occurred by January 1, 27
2026, as soon as practicable after approval under § 10 -3-309. 28
(c) The commission shall file the proposed rules with the Legislative 29
Council under § 10-3-309(c) sufficiently in advance of January 1, 2026, so 30
that the Legislative Council may consider the rules for approval before 31
January 1, 2026. 32
33
34
35
36