Title 23 — Public Utilities and Regulated Industries

(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.

(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…