Title 23 — Public Utilities and Regulated Industries

(a) The Arkansas Public Service Commission shall promulgate rules to implement and administer this subchapter. (b) Rules that the commission shall promulgate under this subchapter include without limitation rules relating to:(1) Requirements and terms for a permit for the constru…

Electric cooperative corporations generating, manufacturing, purchasing, acquiring, transmitting, distributing, selling, furnishing, and disposing of electric power and energy in this state pursuant to the Electric Cooperative Corporation Act, § 23-18-301 et seq., shall be subjec…

(a) The jurisdiction of the Arkansas Public Service Commission shall not extend to loans made or guaranteed by the Rural Electrification Administration of the United States Department of Agriculture [superseded], the Federal Financing Bank, or such other agency or instrumentality…

The Arkansas Public Service Commission shall make no rules affecting electric cooperative corporations in matters of accounting, recordkeeping, or fiscal management in conflict with regulations which have been, or shall be, promulgated by the Administrator of the Rural Electrific…

This subchapter may be cited as the “Electric Cooperative Corporation Act”.

(1) As used in this subchapter, unless the context otherwise requires:(1) “Acquire” means and includes to construct or acquire by purchase, lease, devise, gift, or other mode of acquisition;(2) “Board” means a board of directors of a corporation organized under this subchapter;(3…

This subchapter shall be construed liberally. The enumeration of any object, purpose, power, manner, method, or thing shall not be deemed to exclude like or similar objects, purposes, powers, manners, methods, or things.

This subchapter is complete in itself and shall be controlling. The provisions of any other law of this state, except as provided in this subchapter, shall not apply to a corporation organized under this subchapter.

Any cooperative or nonprofit corporation or association organized under any other law of this state for the purpose of engaging in rural electrification and existing prior to the passage of this act may amend its articles of incorporation so as to comply with this subchapter by a…

(a) Organization. Cooperative, nonprofit membership corporations may be organized under this subchapter for the purpose of any one (1) or more of the following:(1) The furnishing of electricity to persons;(2) Assisting in the wiring of the premises of persons in rural areas or th…

(1) Each corporation shall have power:(1) To sue and be sued, complain, and defend in its corporate name;(2) To have perpetual succession unless a limited period of duration is stated in its articles of incorporation;(3) To adopt a corporate seal which may be altered at pleasure …

All corporations organized under this subchapter shall be in all respects subject to the jurisdiction, supervision, regulation, and control of the Arkansas Public Service Commission to the same extent and in the same manner as a public utility, except as otherwise specifically pr…

Any three (3) or more natural persons of the age of twenty-one (21) or more, residents of this state, may act as incorporators of a corporation to be organized under this subchapter by executing articles of incorporation as provided in this subchapter.

The words “electric cooperative” shall not be used in the corporate name of corporations organized under the laws of this state, or authorized to do business in this state, other than those organized pursuant to the provisions of this subchapter.

(a) The articles of incorporation shall state:(1) The name of the corporation. The name shall include the words “Electric Cooperative” and the word “Corporation”, “Incorporated”, “Inc.”, or “Company”. The name of the corporation shall be such as to distinguish it from any other c…

(a) The original copy of the articles of incorporation shall be signed by the incorporators and acknowledged before any officer authorized by the law of this state to acknowledge the execution of deeds and conveyances. (b) The original copy of the articles of incorporation shall …

(a) (1) A corporation may amend its articles of incorporation by a majority vote of the members who are present in person or by proxy at any regular meeting or at any special meeting of its members called for that purpose.(2) The power to amend shall include the power to accompli…

(a) Upon the issuance of a certificate of incorporation by the Secretary of State, the corporate existence of the corporation shall begin. (b) The certificate of incorporation shall be conclusive evidence, except as against the state, that all conditions precedent required to be …

In the event any corporation has filed defective articles of incorporation or has failed to do all things necessary to perfect its corporate organization, it nevertheless may file corrected articles of incorporation or amend the original articles and do and perform all acts and t…

(a) After the issuance of the certificate of incorporation, an organizational meeting shall be held at the call of a majority of the incorporators for the purpose of adopting bylaws and electing officers and for the transaction of such other business as properly may come before t…

(a) The power to make, alter, amend, or repeal the bylaws of the corporation shall be vested in the board of directors. (b) The bylaws may contain any provisions for the regulation and management of the affairs of the corporation not inconsistent with law or the articles of incor…

(a) (1) All persons proposed to be served by a corporation shall be eligible to membership in a corporation.(2) No person other than the incorporators shall be, become, or remain a member of a corporation unless the person shall use or agree to use electric energy or, as the case…

(a) When a member of a corporation has paid the membership fee in full, a certificate of membership shall be issued to the member. (b) Memberships in the corporation and the certificates shall be nontransferable. (c) The certificate of membership shall be surrendered to the corpo…

(a) Meetings of members may be held at such place as may be provided in the bylaws. In the absence of any such provision, all meetings shall be held in the principal office of the corporation in this state. (b) An annual meeting of the members shall be held at such time as may be…

(a) (1) The business and affairs of a corporation shall be managed by a board of directors, not fewer than three (3) in number, which shall exercise all the powers of the corporation, except such as are conferred upon the members by this subchapter, by the articles of incorporati…

(a) Any corporation by its bylaws may provide for an executive committee to be elected from and by its board of directors. (b) The management of the current and ordinary business of the corporation and such other duties as the bylaws may prescribe may be delegated to the committe…

(a) The board may elect from its number a chair, a secretary, and such vice chairpersons as it deems necessary. The powers, duties, term of office, and compensation shall be provided for in the bylaws. (b) (1) The board may appoint a chief executive officer, president, or manager…

(a) (1) Any two (2) or more corporations may enter into an agreement for the consolidation of the corporations.(2) The agreement shall set forth the terms and conditions of the consolidation, the name of the proposed consolidated corporation, the number of its directors, not fewe…

(a) Any corporation may dissolve by majority vote of the members present in person or by proxy at any regular meeting or at any special meeting of its members called for that purpose. (b) A certificate of dissolution shall be signed by the president or vice president and attested…

(1) The Secretary of State shall charge and collect for:(1) Filing articles of incorporation and issuing a certificate of incorporation — ten dollars ($10.00);(2) Filing of articles of amendment and issuing a certificate of amendment — ten dollars ($10.00);(3) Filing articles of …

(a) Each corporation shall be operated without profit to its members, but the rates, fees, rents, or other charges for electric energy and any other facilities, supplies, equipment, or services furnished by the corporation shall be sufficient at all times:(1) To pay all operating…

Electric cooperative corporations organized and formed pursuant to this subchapter shall be subject to the provisions of the Arkansas Gross Receipts Act of 1941, § 26-52-101 et seq., and the Arkansas Compensating Tax Act of 1949, § 26-53-101 et seq.

Corporations formed pursuant to this subchapter shall pay annually, on or before July 1, to the Secretary of State a fee of ten dollars ($10.00) for each one hundred (100) members or fraction thereof.

Whenever any corporation organized under this subchapter shall have borrowed money from any federal agency, the obligations issued to secure the payment of such money shall be exempt from the provisions of the Arkansas Securities Act, § 23-42-101 et seq. The provisions of the Ark…

(a) (1) The inclusion by incorporation, annexation, or otherwise of any portion of a rural area assigned to corporations within the limits of an incorporated or unincorporated city, town, or village, regardless of its population, shall not in any respect impair or affect the righ…

All waterpower in this state suitable for the purpose of producing power for all lawful purposes is, and is declared to be, inherent in and a part of the public domain. It shall vest in and be for the use of the State of Arkansas and the people thereof for its and their use and b…

(a) Any person or corporation organized under the laws of this state for the purpose of producing power for any lawful purpose, who or which has procured a charter from this state for the development and operation of electric power plants from waterpower and owns a natural, pract…

(a) When a person or corporation is ready to proceed with the construction of his or her or its dam, he or she or it shall present to the Arkansas Public Service Commission his or her or its application for a permit to use the power. (b) Upon a hearing of the application, the com…

(a) All charters and permits granted under this subchapter shall be void unless construction has begun within four (4) years from the date of the permit and has been completed within four (4) years from the date of commencement of construction. (b) Whenever the Federal Energy Reg…

In case any person or corporation building any dam shall not agree with the owners of any lands used for the purpose of the dam or flooded thereby, the court shall assess the damages for the land flooded or taken and also the consequential damages to any lands necessary to the us…

(a) In order to enable the corporation to carry out the purpose of this section, §§ 23-18-401 — 23-18-405, and 23-18-408 — 23-18-410, the state's power of eminent domain is conferred upon it, insofar as it is necessary to enable it to condemn land overflowed above its dam, and fo…

(a) Where it becomes expedient or necessary to acquire a right-of-way for the purpose of constructing a railroad for use in connection with or to facilitate the construction of the dam, every company authorized to construct hydroelectric dams in the State of Arkansas shall have t…

(a) The power shall be for public use and shall be sold to private parties desiring it in the order of their application and upon equal terms. (b) The power shall be furnished by the person or corporation or its principal powerhouse or central station. (c) The power may be applie…

The Arkansas Public Service Commission shall grant to any person or corporation the right to take and use such power described in this subchapter under the condition that every person or corporation taking and using the power shall pay an annual rental into the State Treasury for…

If any person or corporation taking or using the power shall elect to use the power exclusively for its own use in manufacturing or other purposes named in this subchapter, the Arkansas Public Service Commission shall assess the tax for taking and using the power on the basis of …

This subchapter shall be known and may be cited as the “Utility Facility Environmental and Economic Protection Act”.

(a) (1) The General Assembly finds and declares that there is at present and will continue to be a growing need for electric and gas public utility services that will require the construction of major new facilities.(2) It is recognized that the facilities cannot be built without…

(1) As used in this subchapter:(1) “Applicant” means the utility or other person making application to the Arkansas Public Service Commission for a certificate of environmental compatibility and public need;(2) (A) “Commence to construct” means any clearing of land, excavation, o…

(a) This subchapter does not apply to a major utility facility:(1) That is located outside of Arkansas;(2) For which, before July 24, 1973, an application for the approval of the major utility facility was made to any federal, state, regional, or local governmental agency that po…

Nothing contained in this subchapter shall be deemed to amend the Arkansas Water and Air Pollution Control Act, §§ 8-4-101 — 8-4-106, 8-4-201 — 8-4-229, and 8-4-301 — 8-4-313.