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

Ark. Code Ann. § 23-18-510 (2026)

Certificate of environmental compatibility and public need — Requirement — Exceptions

✓ current as of May 2026
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    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.
  2. 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.
  3. 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.
  4. 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.

History. Acts 1973, No. 164, § 4; 1977, No. 866, § 1; A.S.A. 1947, § 73-276.3; Acts 2007, No. 658, § 2; 2013, No. 1133, § 4.

Amendments. The 2013 amendment rewrote the section.

Case Notes

Applicability.

The legislature intended the Utility Facility Environmental and Economic Protection Act to apply only to public utilities. Arkansas Charcoal Co. v. Arkansas Pub. Serv. Comm'n, 299 Ark. 359, 773 S.W.2d 427 (1989).

Private Entities.

The construction of a private pipeline required no certificate of environmental compatibility and public need, as it was not a major public utility facility. Arkansas Charcoal Co. v. Arkansas Pub. Serv. Comm'n, 299 Ark. 359, 773 S.W.2d 427 (1989).

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 4× “" See Ark.Code Ann. § 23-18-510(a)(Supp.2007). [6] Baseload serves the 24-hour minimum level of customers' electricity demand.”
Hempstead Cnty. Hunting Club, Inc. v. Arkansas Pub. Serv. Comm'n, 2010 Ark. 221, 384 S.W.3d 477. · cites it 2× “Finally, section 23-18-510 concerns issuance of a CECPN under the Utility Act None of these statutes provide authority for the proceeding SWEPCO initiated in the Needs Docket.”
Arkansas Charcoal Co. v. Arkansas Pub. Serv. Comm'n, 773 S.W.2d 427 (Ark. 1989). “] The PSC and AWG argue that TXO and ACC violated the act by constructing a major utility facility without first obtaining a certificate of environmental compatibility and public need as required by § 23-18-510(a). However, because the act defines the terms public utility and…”
Arkansas Charcoal Co. v. Arkansas Pub. Serv. Comm'n, 762 S.W.2d 403 (Ark. Ct. App. 1988). · cites it 8× “Arkansas Code Annotated Section 23-18-510 provides that a major utility facility may not be constructed without a “Certificate of Environmental Compatibility and Public Need.”
Ark. Code Ann. § 23-18-510(a): 3 cases
Hempstead Cnty. Hunting Club, Inc. v. Arkansas Pub. Serv. Comm'n, 324 S.W.3d 697 (Ark. Ct. App. 2009). “" See Ark.Code Ann. § 23-18-510(a)(Supp.2007). [6] Baseload serves the 24-hour minimum level of customers' electricity demand.”
Arkansas Charcoal Co. v. Arkansas Pub. Serv. Comm'n, 773 S.W.2d 427 (Ark. 1989). “] The PSC and AWG argue that TXO and ACC violated the act by constructing a major utility facility without first obtaining a certificate of environmental compatibility and public need as required by § 23-18-510(a). However, because the act defines the terms public utility and…”
Arkansas Charcoal Co. v. Arkansas Pub. Serv. Comm'n, 762 S.W.2d 403 (Ark. Ct. App. 1988). “Arkansas Code Annotated Section 23-18-510 provides that a major utility facility may not be constructed without a “Certificate of Environmental Compatibility and Public Need.”
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