Title 23 — Public Utilities and Regulated Industries

This subchapter shall be known and may be cited as the “Regulation of Electric Demand Response Act”.

(1) As used in this subchapter:(1) (A) “Aggregator of retail customers” means a person that aggregates demand response from retail customers for the purpose of marketing, selling, or marketing and selling the aggregated demand response:(i) To an electric public utility; or(ii) In…

(a) The marketing, selling, or marketing and selling of demand response within the State of Arkansas by electric public utilities or aggregators of retail customers to retail customers or by electric public utilities, aggregators of retail customers, or retail customers into whol…

The marketing, selling, or marketing and selling of demand response into wholesale electricity markets by an aggregator of retail customers or by a retail customer is prohibited unless the Arkansas Public Service Commission or the governing authority of a municipally owned electr…

This subchapter does not prevent a nonresidential customer from opting out in accordance with § 23-3-405 of energy conservation programs and measures as defined in § 23-3-403.

(a) Notwithstanding any provisions of law or the terms of any certificate of convenience and necessity, franchise, permit, license, or other authority granted to a public utility or electric cooperative corporation by the state or a municipality, no public utility or electric coo…

Nothing in this section or §§ 23-3-201, 23-18-101, 23-18-301, 23-18-308, or 23-18-331 shall be construed to prohibit or prevent a rural electric cooperative corporation and another supplier of electric service from entering into and carrying out a voluntary agreement for the exch…

(a) As used in this section:(1) “Affiliated company” means any business entity which is owned wholly or partly by an electric utility or which wholly or partly owns an electric utility, or any business entity which is owned by another business entity which wholly or partly owns a…

(a) Except as provided under subsection (c) of this section, an electric public utility subject to the jurisdiction of the Arkansas Public Service Commission shall not commence construction of any electric generating facility that is a major utility facility to be located outside…

(a) To the extent that it is technically, economically, and environmentally feasible, all electric utilities in Arkansas providing electric power for sale to consumers in Arkansas and generating electric power from coal-fired plants located in Arkansas shall burn a mixture of coa…

(a) The Arkansas Public Service Commission shall have the authority to adopt rules under which electric utilities shall seek commission review and approval of the processes, actions, and plans by which the utilities:(1) Engage in comprehensive resource planning;(2) Acquire electr…

(a) The Arkansas Public Service Commission may adopt ratemaking policies appropriate to allow utilities to recover from their customers the reasonable and prudent costs and a reasonable return associated with the acquisition or construction by electric utilities of incremental re…

(a) As used in this section, “electric utility” means an electric utility that:(1) Is not a municipally owned utility system;(2) Is under the jurisdiction of the Arkansas Public Service Commission;(3) Primarily transmits electricity and does not generate or distribute electricity…

(a) As used in this section:(1) “Power purchase agreement” means an agreement between a generator of electricity and a utility for the sale of electricity, generation capacity, or ancillary products to the utility; and(2) “Utility” means an electric utility subject to the jurisdi…

(a) As used in this section:(1) (A) “Directly notify” means, to the extent technically feasible, to use best efforts to provide notification within a reasonable time before a coordinated interruption of electric service or other emergency measure to reduce energy consumption in r…

This subchapter shall be known and may be cited as the “Arkansas Affordable Energy Act”.

(a) The General Assembly finds that it is in the public interest to:(1) Promote and encourage the use of existing electric generating units to the maximum extent practicable by seeking to ensure that each existing electric generating unit remains operational for the full useful l…

(1) As used in this subchapter:(1) “Electric utility” means an electric utility subject to the jurisdiction of the Arkansas Public Service Commission and that is engaged in the business of supplying electricity to an end user in the State of Arkansas; and(2) “Existing electric ge…

(a) Starting in 2024 and continuing one (1) time every three (3) years, the Arkansas Public Service Commission shall produce a report discussing the remaining useful lives of existing electric generating units based on data and information previously provided in the integrated re…

(a) (1) A public utility shall file an application with the Arkansas Public Service Commission seeking approval of a settlement agreement proposed between the United States Government, an agency of the United States, or any other third party if the purpose of all or part of the s…

This subchapter shall be known and may be cited as the “Rural Broadband I.D. Expenses Trust Fund Grant Program”.

(a) The General Assembly finds that:(1) Generally, local entities do not budget for or have funds available for broadband due-diligence business studies in connection with making application for federal grants or loans for broadband development programs;(2) In order to spur furth…

(a) The Institute for Digital Health and Innovation of the University of Arkansas for Medical Sciences shall manage the Rural Broadband I.D. Expenses Trust Fund grant application process for local entities to receive funds under the Rural Broadband I.D. Expenses Trust Fund. (b) T…

(a) The General Assembly shall maintain oversight of the Rural Broadband I.D. Expenses Trust Fund Grant Program under this subchapter by requiring prior approval of the Legislative Council, or of the Joint Budget Committee if the General Assembly is in session, as provided by law…

(a) (1) The Treasurer of State shall invest the moneys available in the Rural Broadband I.D. Expenses Trust Fund.(2) The investment of funds under this section is exempt from § 19-3-318(a)(2)(B)(i)(b) and (c). (1) The Treasurer of State shall invest the moneys available in the Ru…

(1) A local entity that is a Rural Broadband I.D. Expenses Trust Fund grantee under this subchapter shall:(1) Report to the Institute for Digital Health and Innovation of the University of Arkansas for Medical Sciences semiannually about the status of the local entity's broadband…

(a) If an application by a local entity for a federal grant or loan for a broadband development program is made and successfully awarded by the United States Government, then the local entity as grantee shall report and disclose the award received from the United States Governmen…

A local entity that has been awarded a federal grant or loan for a broadband development program shall report the status of the broadband development program to the Institute for Digital Health and Innovation of the University of Arkansas for Medical Sciences within nine (9) mont…

(a) A local entity shall coordinate with the Arkansas Geographic Information Systems Office to provide mapping information to the Arkansas Spatial Data Infrastructure for preparation of legal descriptions and digital mapping for the relevant incorporated or unincorporated areas. …

(1) The General Assembly finds that:(1) The long-term economic health and well-being of Arkansas residents depends upon the availability and affordability of reliable sources of energy;(2) Arkansas has abundant reserves of natural gas and other natural resources;(3) The current e…

(1) As used in this subchapter:(1) “Dispatchable” means a source of electrical power generation or biomass energy that is:(A) Available on demand;(B) Not intermittent; and(C) Can either:(i) Be adjusted to increase or decrease its power output upon request of a power grid operator…

(a) (1) Notwithstanding any provision of law to the contrary, the Arkansas Public Service Commission may approve or deny the retirement of a dispatchable electric generation facility owned by a public utility.(2) Before retiring a dispatchable electric generation facility, a publ…

This subchapter shall be known and may be cited as the “Arkansas Wind Energy Development Act”.

(a) The General Assembly finds that:(1) Arkansas's wind energy resources are an important asset for the:(A) Continued economic growth of Arkansas; and(B) Provision of clean and renewable power to the people of Arkansas and the nation as a whole;(2) Promotion of the development of…

(1) As used in this subchapter:(1) “Abandonment” means the failure to generate electricity in commercial quantities for a period of one hundred eighty (180) consecutive days unless the termination of electricity was:(A) Mandated by state or federal law; or(B) Authorized by the Ar…

(a) (1) A person shall not construct, operate, or redevelop a wind energy facility or a wind energy facility expansion in this state unless a permit is obtained under this subchapter.(2) Before a person constructs, operates, or redevelops a wind energy facility or a wind energy f…

(a) (1) An applicant for a permit for the construction, operation, or redevelopment of a wind energy facility or a wind energy facility expansion shall provide a copy of the application as written notice to:(A) A person listed in § 23-18-513;(B) The Department of Parks, Heritage,…

(a) The Arkansas Public Service Commission shall require that to receive a permit for the construction, operation, or redevelopment of a wind energy facility or a wind energy facility expansion, the owner shall meet the following minimum requirements:(1) The minimum setback for t…

(a) An application for a permit for the construction, operation, or redevelopment of a wind energy facility or a wind energy facility expansion shall include:(1) A written determination of no hazard by the Federal Aviation Administration; and(2) A development and management plan.…

(a) An owner is responsible, at the owner's expense, for the proper decommissioning of a wind energy facility. (b) (1) Before the start of construction of a wind energy facility, the applicant for a permit for the construction or operation of the wind energy facility or the wind …

(a) Before commencing construction of a wind energy facility, the owner or operator shall obtain and keep in effect, either:(1) A commercial general liability insurance policy with a limit consistent with prevailing industry standards as determined by the Arkansas Public Service …

(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 …

(a) Upon receipt of an application for a permit for the construction, operation, or redevelopment of a wind energy facility or a wind energy facility expansion under this subchapter and other requirements the Arkansas Public Service Commission may adopt, the staff of the commissi…

(a) (1) (A) Upon receipt of an application for a permit for the construction, operation, or redevelopment of a wind energy facility or a wind energy facility expansion under this subchapter, the Arkansas Public Service Commission shall fix a date for the commencement for a public…

(a) (1) A local legislative body may adopt local legislation addressing the construction, expansion, operation, or redevelopment of a wind energy facility located within the jurisdiction of the local government if the local legislation is consistent with this subchapter and exist…

(a) (1) An owner or operator of a wind turbine or wind energy facility shall provide a report to a landowner that has entered into a lease, easement, or other agreement with the owner of a wind energy facility that is paid based on the amount of electrical energy produced from th…

The issuance of a permit for the construction, operation, or redevelopment of a wind energy facility or a wind energy facility expansion under this subchapter does not preclude the need for a person to obtain other local, state, or federal permits, licenses, or approvals required…

(a) Except as provided in subsection (b) of this section, a permit application for the construction, operation, or redevelopment of a wind energy facility or a wind energy facility expansion and documents received by the Arkansas Public Service Commission or a local government un…

If a provision of this subchapter conflicts with a current federal law, including promulgated federal regulations, the federal law shall take precedence over the conflicting provisions of this subchapter.

A wind energy facility project is exempt from this subchapter if the wind energy facility project is under development as of April 9, 2025.