Ark. Code Ann. » Title 23 Chapter 18
Arkansas Code Annotated

Ark. Code Ann. § 23-18-502 (2020)

Legislative findings — Intent — Purpose

✓ Arkansas Code release r76: Acts through about 2020 (2021-2025 sessions missing)
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    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 affecting in some way the physical environment in which the facilities are located and without the expenditure of massive amounts of capital.
    3. It is also recognized that the future economic development of the state requires the ready availability of public utility energy resources to serve industrial, commercial, and residential customers.
  2. The General Assembly further finds that it is essential to the public interest to minimize any adverse effect upon the environment and upon the quality of life of the people of the state that the new facilities might cause and to minimize the economic costs to the people of the state of obtaining reliable, clean, safe, and adequate energy supplies.
    1. The General Assembly further finds that laws and practices relating to the location, financing, construction, and operation of the utility facilities should provide for the protection of environmental values, encourage the development of alternative renewable and nonrenewable energy technologies that are energy-efficient, and take into account the total cost to society of the facilities, including without limitation the cost of providing safe, reliable, and cost-effective energy resources.
      1. Without further clarification, present laws may result in undue costly delays in new construction, may encourage the development of energy technologies that are relatively inefficient, and may increase costs, which will eventually be borne by the people of the state in the form of higher utility rates.
      2. Interpretations of existing laws could threaten the ability of utilities to meet the needs of the people of the state for economical and reliable utility service, and thus, the existing laws require further clarification.
  4. Furthermore, the General Assembly finds that there should be provided an adequate opportunity for individuals, groups interested in energy and resource conservation and the protection of the environment, state and regional agencies, local governments, and other public bodies to participate in timely fashion in decisions regarding the location, financing, construction, and operation of major utility facilities.
    1. The General Assembly, therefore, declares that it is the purpose of this subchapter to provide an exclusive forum with primary and final jurisdiction, except as provided in §§ 23-18-505 and 23-18-506, for the expeditious resolution of all matters concerning the location, financing, construction, and operation of a major utility facility in a single proceeding to which access will be open to individuals, groups, state and regional agencies, local governments, and other public bodies to enable them to participate in these decisions.
    2. The matters identified in subdivision (e)(1) of this section that were formerly under the jurisdiction of multiple state, regional, and local agencies are declared to be of statewide interest.
  6. It is the intent of the General Assembly to provide for the expeditious and efficient review of the siting of major utility facilities.

History. Acts 1973, No. 164, § 2; 1977, No. 866, § 1; A.S.A. 1947, § 73-276.1; Acts 2011, No. 910, § 1.

Amendments. The 2011 amendment added (a)(3); in (c)(1), substituted “provide for the protection of” for “be strengthened to protect” and inserted “including without limitation the cost of providing safe, reliable, and cost-effective energy resources”; inserted “Without further clarification” in (c)(2)(A); deleted “and practices” following “laws” in (c)(2)(A) and (c)(2)(B); in (c)(2)(B), inserted “Interpretations of” at the beginning and “and thus, the existing laws require further clarification” at the end; inserted “utility” near the end of (d); in (e)(1), substituted “an exclusive forum with primary and final jurisdiction” for “a forum with exclusive and final jurisdiction” and substituted “a major utility facility” for “electric generating plants and electric and gas transmission lines and associated facilities”; substituted “identified in subdivision (e)(1) of this section that were formerly” for “presently” in (e)(2); and added (f).

Case Notes

Purpose.

In enacting the Utility Facility Environmental and Economic Protection Act, the legislature's intent focused on regulating public utilities' construction of new facilities. Arkansas Charcoal Co. v. Arkansas Pub. Serv. Comm'n, 299 Ark. 359, 773 S.W.2d 427 (1989).

Proceedings.

Arkansas Public Service Commission erred in granting a Certificate of Environmental Compatibility and Public Need to a power company for the construction of a facility under the Utility Facility Environmental and Economic Protection Act, § 23-18-501 et seq., where it erroneously resolved the need for the facility in a separate Needs Docket. Hempstead County Hunting Club, Inc. v. Arkansas Pub. Serv. Comm'n, 2010 Ark. 221, 384 S.W.3d 477 (2010).

Notes of Decisions
Cited in 4 cases, 1988–2010 · leading case: Hempstead Cnty. Hunting Club, Inc. v. Arkansas Pub. Serv. Comm'n, 324 S.W.3d 697 (Ark. Ct. App. 2009).
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Hempstead Cnty. Hunting Club, Inc. v. Arkansas Pub. Serv. Comm'n, 324 S.W.3d 697 (Ark. Ct. App. 2009). · cites it 62× “Ark.Code Ann. § 23-18-502 (emphasis ours).”
Hempstead Cnty. Hunting Club, Inc. v. Arkansas Pub. Serv. Comm'n, 2010 Ark. 221, 384 S.W.3d 477. · cites it 28× “” Ark. Code Ann. § 23-18-502 (e). Thus, the intent of section 23-18-502(e) was to confine jurisdiction over approval of major utility facility issues, with noted exceptions, to the Commission.”
Arkansas Charcoal Co. v. Arkansas Pub. Serv. Comm'n, 773 S.W.2d 427 (Ark. 1989). · cites it 2× “The legislative findings, as codified in Ark. Code Ann. § 23-18-502 (a)-(c) state: (a) 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 which will require the construction of…”
Arkansas Charcoal Co. v. Arkansas Pub. Serv. Comm'n, 762 S.W.2d 403 (Ark. Ct. App. 1988). · cites it 14× “Section 23-18-502, which provides in part as follows: (d) Furthermore, the General Assembly finds that there should be provided an adequate opportunity for individuals, groups interested in energy and resource conservation and the protection of the environment, state and…”
Ark. Code Ann. § 23-18-502(a): 1 case
Hempstead Cnty. Hunting Club, Inc. v. Arkansas Pub. Serv. Comm'n, 2010 Ark. 221, 384 S.W.3d 477. “” Ark. Code Ann. § 23-18-502 (e). Thus, the intent of section 23-18-502(e) was to confine jurisdiction over approval of major utility facility issues, with noted exceptions, to the Commission.”
Ark. Code Ann. § 23-18-502(d): 2 cases
Hempstead Cnty. Hunting Club, Inc. v. Arkansas Pub. Serv. Comm'n, 324 S.W.3d 697 (Ark. Ct. App. 2009). “Ark.Code Ann. § 23-18-502 (emphasis ours).”
Arkansas Charcoal Co. v. Arkansas Pub. Serv. Comm'n, 762 S.W.2d 403 (Ark. Ct. App. 1988). “Section 23-18-502, which provides in part as follows: (d) Furthermore, the General Assembly finds that there should be provided an adequate opportunity for individuals, groups interested in energy and resource conservation and the protection of the environment, state and…”
Ark. Code Ann. § 23-18-502(e): 3 cases
Hempstead Cnty. Hunting Club, Inc. v. Arkansas Pub. Serv. Comm'n, 324 S.W.3d 697 (Ark. Ct. App. 2009). “Ark.Code Ann. § 23-18-502 (emphasis ours).”
Hempstead Cnty. Hunting Club, Inc. v. Arkansas Pub. Serv. Comm'n, 2010 Ark. 221, 384 S.W.3d 477. “” Ark. Code Ann. § 23-18-502 (e). Thus, the intent of section 23-18-502(e) was to confine jurisdiction over approval of major utility facility issues, with noted exceptions, to the Commission.”
Arkansas Charcoal Co. v. Arkansas Pub. Serv. Comm'n, 762 S.W.2d 403 (Ark. Ct. App. 1988). “Section 23-18-502, which provides in part as follows: (d) Furthermore, the General Assembly finds that there should be provided an adequate opportunity for individuals, groups interested in energy and resource conservation and the protection of the environment, state and…”
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