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Arkansas Statutes, Title 23

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Arkansas/Statutes

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Title 23, Public Utilities and Regulated Industries

95 chapters · 3,921 sections in this title.

All chapters in Title 233,921 Ch 63, Insurance Companies Generally230 Ch 79, Insurance Policies Generally211 Ch 99, Healthcare Providers165 Ch 4, Regulation of Rates and Charges Gene…162 Ch 18, Light, Heat, and Power Utilities154 Ch 69, Domestic Stock and Mutual Insurers109 Ch 13, Motor Carriers107 Ch 17, Telephone and Telegraph Companies97 Ch 81, Life Insurance Policies And Annuities97 Ch 112, Arkansas Motor Vehicle Commission Act97 Ch 61, State Insurance Department95 Ch 48, Organization and Operation94 Ch 51, ARKANSAS TRUST INSTITUTIONS ACT OF 202589 Ch 12, Operation and Maintenance of Railroads87

3,921 sections·Filtered byTitle 23✕

Ark. Code Ann. § 23-18-1004 Marketing or selling of demand response prohibited
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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…
Ark. Code Ann. § 23-18-1005 Applicability
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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.
Ark. Code Ann. § 23-18-101 Areas of service
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(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…
Ark. Code Ann. § 23-18-102 Agreements between rural cooperatives and other electric suppliers permitted
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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…

Ark. Code Ann. § 23-18-103 Purchase of electricity from affiliated company — Definitions

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(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…

Ark. Code Ann. § 23-18-104 Construction of power-generating facilities outside Arkansas

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(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…

Ark. Code Ann. § 23-18-105 Use of Arkansas-mined coal

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(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…

Ark. Code Ann. § 23-18-106 Regulation of resource planning, asset acquisition, and alternative retail services

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(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…

Ark. Code Ann. § 23-18-107 Ratemaking policies for cost of acquisition or construction of incremental resources

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(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…

Ark. Code Ann. § 23-18-108 Eminent domain for transmission lines — Market value — Definition

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(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…

Ark. Code Ann. § 23-18-109 Power purchase agreement — Definitions

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(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…

Ark. Code Ann. § 23-18-110 Planned power outages and other emergency measures to reduce energy consumption — Notice requirements — Definitions

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(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…

Ark. Code Ann. § 23-18-1101 Title

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

Ark. Code Ann. § 23-18-1102 Legislative findings and purpose

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(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…

Ark. Code Ann. § 23-18-1103 Definitions

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(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…

Ark. Code Ann. § 23-18-1104 Electric utility — Retirement review

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(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…

Ark. Code Ann. § 23-18-111 Closure of electric generation unit or transmission asset by settlement agreement — Notice and commission approval required — Definition

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(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…

Ark. Code Ann. § 23-18-1201 Title

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

Ark. Code Ann. § 23-18-1202 Legislative findings and intent

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(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…

Ark. Code Ann. § 23-18-1203 Rural Broadband I.D. Expenses Trust Fund — Management of grant application process

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(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…

Ark. Code Ann. § 23-18-1204 Rural Broadband I.D. Expenses Trust Fund Grant Program — Legislative oversight

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(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…

Ark. Code Ann. § 23-18-1205 Rural Broadband I.D. Expenses Trust Fund Grant Program — Investment of funds

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(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…

Ark. Code Ann. § 23-18-1206 Additional reporting requirement by local entity as Rural Broadband I.D. Expenses Trust Fund grantee

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(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…

Ark. Code Ann. § 23-18-1207 Rural Broadband I.D. Expenses Trust Fund Grant Program — Additional funding available

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(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…

Ark. Code Ann. § 23-18-1208 Reporting related to commencement of broadband development program funded by federal grant or loan

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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…

Ark. Code Ann. § 23-18-1209 Submission of mapping information to Arkansas Geographic Information Systems Office required

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(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. …

Ark. Code Ann. § 23-18-1301 Legislative findings

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(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…

Ark. Code Ann. § 23-18-1302 Definitions

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(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…

Ark. Code Ann. § 23-18-1303 Retirement of dispatchable electric generation facilities

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(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…

Ark. Code Ann. § 23-18-1401 Title

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

Ark. Code Ann. § 23-18-1402 Legislative findings and intent

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(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…

Ark. Code Ann. § 23-18-1403 Definitions

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(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…

Ark. Code Ann. § 23-18-1404 Permit required

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(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…

Ark. Code Ann. § 23-18-1405 Service — Notice requirements

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(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,…

Ark. Code Ann. § 23-18-1406 Minimum requirements

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(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…

Ark. Code Ann. § 23-18-1407 Application requirements

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(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.…

Ark. Code Ann. § 23-18-1408 Decommissioning requirements

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(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 …

Ark. Code Ann. § 23-18-1409 Insurance requirements

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(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 …

Ark. Code Ann. § 23-18-1410 Applicability

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(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 …

Ark. Code Ann. § 23-18-1411 Review by state agency

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(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…

Ark. Code Ann. § 23-18-1412 Public hearing

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(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…

Ark. Code Ann. § 23-18-1413 Local legislation

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(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…

Ark. Code Ann. § 23-18-1414 Report to landowners

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(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…

Ark. Code Ann. § 23-18-1415 Other applicable local, state, and federal permits, licenses, or approvals

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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…

Ark. Code Ann. § 23-18-1416 Information subject to disclosure

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(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…

Ark. Code Ann. § 23-18-1417 Federal law

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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.

Ark. Code Ann. § 23-18-1418 Exemptions

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

Ark. Code Ann. § 23-18-1419 Rules

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(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…

Ark. Code Ann. § 23-18-201 Jurisdiction of commission generally

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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…

Ark. Code Ann. § 23-18-202 Jurisdiction of commission — Exemptions

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(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…