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23-18-510. Certificate of environmental compatibility and public need — Requirement — Exceptions.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-18-510. Certificate of environmental compatibility and public need — Requirement — Exceptions.
(a)(1) Except for persons exempted as provided in subsection (c) of this section and § 23-18-504(a) and § 23-18-508, a person shall not begin construction of a major utility facility in the state without first obtaining a certificate of environmental compatibility and public need for the major utility facility from the Arkansas Public Service Commission.
(2) The replacement or expansion of an existing transmission facility with a similar facility in substantially the same location or the rebuilding, upgrading, modernizing, or reconstruction for the purposes of increasing capacity shall not constitute construction of a major utility facility if no increase in width of right-of-way is required.
(b) An entity, including without limitation a person, public utility, utility, regional transmission organization, municipality, merchant transmission provider, merchant generator, or other entity, whether regulated or not by the commission, shall not begin construction of an electric transmission line and associated facilities, as described in § 23-18-503(6)(B), within a national interest electric transmission corridor without first obtaining a certificate of environmental compatibility and public need for the facility from the commission.
(c) This subchapter does not require a certificate of environmental compatibility and public need or an amendment of such a certificate for:
(1) Reconstruction, alteration, or relocation of a major utility facility that must be reconstructed, altered, or relocated because of the requirements of a federal, state, or county governmental body or agency for purposes of highway transportation, public safety, or air and water quality; or
(2) A
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-18-510
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:23-18-510
Source file: gov.ar.code.title.23.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 3d27930ac2bc13aa7331b60d8a17bcc22a0b933cead9802a472cfbf4eb6dbe58
Source location: content.xml paragraph 14468
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23-18-510. Certificate of environmental compatibility and public need — Requirement — Exceptions.
(a)(1) Except for persons exempted as provided in subsection (c) of this section and § 23-18-504(a) and § 23-18-508, a person shall not begin construction of a major utility facility in the state without first obtaining a certificate of environmental compatibility and public need for the major utility facility from the Arkansas Public Service Commission.
(2) The replacement or expansion of an existing transmission facility with a similar facility in substantially the same location or the rebuilding, upgrading, modernizing, or reconstruction for the purposes of increasing capacity shall not constitute construction of a major utility facility if no increase in width of right-of-way is required.
(b) An entity, including without limitation a person, public utility, utility, regional transmission organization, municipality, merchant transmission provider, merchant generator, or other entity, whether regulated or not by the commission, shall not begin construction of an electric transmission line and associated facilities, as described in § 23-18-503(6)(B), within a national interest electric transmission corridor without first obtaining a certificate of environmental compatibility and public need for the facility from the commission.
(c) This subchapter does not require a certificate of environmental compatibility and public need or an amendment of such a certificate for:
(1) Reconstruction, alteration, or relocation of a major utility facility that must be reconstructed, altered, or relocated because of the requirements of a federal, state, or county governmental body or agency for purposes of highway transportation, public safety, or air and water quality; or
(2) An electric transmission line and associated facilities including substations of a design voltage of one hundred kilovolts (100 kV) or more to be constructed or operated by a municipal electric utility system that is located within the territorial limits of the municipal electric utility system.
(d) An entity granted a certificate of environmental compatibility and public need pursuant to subsection (b) of this section shall have the right of eminent domain as provided by Arkansas law for the limited purpose of constructing the certificated electric transmission line and associated facilities, as described in § 23-18-503(6)(B), to the extent that the facility is located within a national interest electric transmission corridor.
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Arkansas Code — all titles (historical 2020) · legal_authorities
23-18-503. Definitions.
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, or other action that would adversely affect the natural environment of the site or route of a major utility facility.
(B) “Commence to construct” does not include:
(i) Changes needed for temporary use of sites or routes for nonutility purposes; or
(ii) Uses in securing survey or geological data, including necessary borings to ascertain foundation conditions;
(3) “Commission” means the Arkansas Public Service Commission;
(4) “Energy-efficient” means economical in the use of energy;
(5) “Energy resource declaration-of-need proceeding” means a utility-specific proceeding conducted by the Arkansas Public Service Commission under §§ 23-18-106 and 23-18-107 and the rules adopted thereunder to determine the need for additional energy supply and transmission resources by a public utility;
(6) “Major utility facility” means:
(A) An electric generating plant and associated transportation and storage facilities for fuel and other facilities designed for or capable of operation at a capacity of fifty megawatts (50 MW) or more;
(B) For the sole purpose of requiring an environmental impact statement under this subchapter, an electric transmission line and associated facilities including substations of:
(i) A design voltage of one hundred kilovolts (100 kV) or more and extending a distance of more than ten (10) miles; or
(ii) A design voltage of one hundred seventy kilovolts (170 kV) or more and extending a distance of more than one (1) mile; or
(C) For the sole
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-18-503
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 23-18-503. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-18-504. Exemptions — Waiver.
(a) This subchapter does not apply to a major utility facility:
(1) 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 possesses the jurisdiction to consider the matters prescribed for finding and determination in § 23-18-519(a) and (b);
(2) For which, before July 24, 1973, the Arkansas Public Service Commission issued a certificate of convenience and necessity or otherwise approved the construction of the major utility facility;
(3) Over which an agency of the federal government has exclusive jurisdiction;
(4) A majority of which is owned by one (1) or more exempt wholesale generators as defined in § 23-1-101(5); or
(5) That is a major utility facility for generating electric energy, if the majority of the major utility facility is owned by any person, including without limitation a public utility that will not recover the cost of the major utility facility in rates subject to regulation by the commission.
(b)(1)(A) A person intending to construct a major utility facility excluded or exempted from this subchapter may elect to waive the exclusion or exemption by delivering notice of the waiver to the commission.
(B) The filing of an application by a public utility under § 23-18-511 is not a notice of waiver or an election to waive an exclusion or exemption.
(C) The responsibility for determining whether a proposed major utility facility is exempt from the requirements of this subchapter is within the primary and exclusive jurisdiction of the commission.
(2) Upon the commission's receipt of the notice of an election to waive the exclusion or exemption, this subchapter shall thereafter apply to each maj
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-18-504
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 23-18-504. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-18-508. Rules.
The Arkansas Public Service Commission shall have and is granted the power and authority to make and amend from time to time after reasonable notice and hearing reasonable rules establishing exemptions from some or all of the requirements of this subchapter for the construction, reconstruction, or expansion of any major utility facility which is unlikely to have major adverse environmental or economic impact by reason of length, size, location, available space, or right-of-way on or adjacent to existing utility facilities, and similar reasons.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-18-508
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 23-18-508. This identifies an authority to review, not proof of applicability.