Applicability

Ark. Code Ann. § 23-18-1410 — under Light, Heat, and Power Utilities.

Ark. Code Ann. § 23-18-1410

(a) This subchapter does not amend the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq.

(b) This subchapter does not affect the:(1) Jurisdiction of the Division of Environmental Quality or the Arkansas Pollution Control and Ecology Commission with respect to water and air pollution control or other matters within the jurisdiction of the division or the Arkansas Pollution Control and Ecology Commission;(2) Jurisdiction of the Arkansas State Game and Fish Commission with respect to the impact on game and fish of the state; and(3) Requirement that a person apply for and obtain a permit from a state agency or federal entity having jurisdiction over the wind energy facility or the wind energy facility expansion.

(1) Jurisdiction of the Division of Environmental Quality or the Arkansas Pollution Control and Ecology Commission with respect to water and air pollution control or other matters within the jurisdiction of the division or the Arkansas Pollution Control and Ecology Commission;

(2) Jurisdiction of the Arkansas State Game and Fish Commission with respect to the impact on game and fish of the state; and

(3) Requirement that a person apply for and obtain a permit from a state agency or federal entity having jurisdiction over the wind energy facility or the wind energy facility expansion.

(c) This subchapter does not apply to a wind energy facility in this state constructed or which commenced to be constructed on or before September 1, 2024.