reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 5 - UTILITY FACILITY ENVIRONMENTAL AND ECONOMIC PROTECTION ACT (§§ 23-18-501 — 23-18-531) › Section 23-18-501 - Title

This subchapter shall be known and may be cited as the "Utility Facility Environmental and Economic Protection Act".
Acts 1973, No. 164, § 1; 1977, No. 866, § 1; A.S.A. 1947, § 73-276.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 5 - UTILITY FACILITY ENVIRONMENTAL AND ECONOMIC PROTECTION ACT (§§ 23-18-501 — 23-18-531) › Section 23-18-505 - Arkansas Water and Air Pollution Control Act unaffected by subchapter

Nothing contained in this subchapter shall be deemed to amend the Arkansas Water and Air Pollution Control Act, §§
8-4-101
-
8-4-106
,
8-4-201
-
8-4-229
, and
8-4-301
-
8-4-313
.
Acts 1973, No. 164, § 19; 1977, No. 866, § 1; A.S.A. 1947, § 73-276.18.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 5 - UTILITY FACILITY ENVIRONMENTAL AND ECONOMIC PROTECTION ACT (§§ 23-18-501 — 23-18-531) › Section 23-18-506 - Division of Environmental Quality's and Arkansas Pollution Control and Ecology Commission's jurisdiction unaffected by subchapter

(a)
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 and air pollution control or other matters within the jurisdiction of the division or the Arkansas Pollution Control and Ecology Commission; and
(2)
Requirement that a person apply for and obtain a permit from the division as provided by the Arkansas Water and Air Pollution Control Act, §
8-4-101
et seq.
(b)
This subchapter does not confer upon the Arkansas Public Service Commission any authority or jurisdiction conferred by law upon the division or the Arkansas Pollution Control and Ecology Commission.
(c)
Notwithstanding the exemption provisions of §
23-18-504
, each major utility facility constructed in Arkansas is subject to the environmental rules and regulations of the state and federal regulatory bodies having jurisdiction over the air, water, and other environmental impacts associated with the major utility facility.
Amended by Act 2019, No. 910,§ 3241, eff. 7/1/2019.
Acts 1973, No. 164, § 19; 1977, No. 866, § 1; A.S.A. 1947, § 73-276.18; Acts 1999, No. 1164, § 179; 2011, No. 910, § 4.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 5 - UTILITY FACILITY ENVIRONMENTAL AND ECONOMIC PROTECTION ACT (§§ 23-18-501 — 23-18-531) › Section 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.
Amended by Act 2019, No. 315,§ 2477, eff. 7/24/2019.
Acts 1973, No. 164, § 4; 1977, No. 866, § 1; A.S.A. 1947, § 73-276.3.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 5 - UTILITY FACILITY ENVIRONMENTAL AND ECONOMIC PROTECTION ACT (§§ 23-18-501 — 23-18-531) › Section 23-18-509 - Employees of commission

The Arkansas Public Service Commission is empowered to employ additional consultants to assist it as it deems necessary for an adequate appraisal of the applications for certificates of environmental compatibility and public need.
Acts 1973, No. 164, § 17; 1977, No. 866, § 1; A.S.A. 1947, § 73-276.16.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 5 - UTILITY FACILITY ENVIRONMENTAL AND ECONOMIC PROTECTION ACT (§§ 23-18-501 — 23-18-531) › Section 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.
Amended by Act 2013, No. 1133,§ 4, eff. 8/16/2013.
Acts 1973, No. 164, § 4; 1977, No. 866, § 1; A.S.A. 1947, § 73-276.3; Acts 2007, No. 658, § 2.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 5 - UTILITY FACILITY ENVIRONMENTAL AND ECONOMIC PROTECTION ACT (§§ 23-18-501 — 23-18-531) › Section 23-18-512 - Application for certificate - Filing fees

An initial filing fee of five hundred dollars ($500) shall accompany each application for a certificate of environmental compatibility and public need.
Acts 1973, No. 164, § 5; 1977, No. 866, § 1; A.S.A. 1947, § 73-276.4.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 5 - UTILITY FACILITY ENVIRONMENTAL AND ECONOMIC PROTECTION ACT (§§ 23-18-501 — 23-18-531) › Section 23-18-514 - Application for certificate - Commentary by state agencies - Deficiency letters

(a)
(1)
Promptly after the filing of an application for a certificate of environmental compatibility and public need, the staff of the Arkansas Public Service Commission shall invite comments from all state agencies entitled to service under §
23-18-513
as to the adequacy of applicant's statements.
(2)
The invitation to comment shall advise the state agencies that comments must be received within sixty (60) days of the date of mailing or delivery thereof, unless an agency requests for cause a longer period for consideration.
(b)
(1)
Upon review of the comments, if any, if the staff shall determine that the applicant failed to include or adequately develop any relevant environmental or economic aspect of the facility, it shall issue a deficiency letter pointing out in detail all such specific deficiencies in the statements.
(2)
The deficiency letter shall be prepared and served upon the applicant as promptly as possible and in no event later than twenty (20) days before the date set for the public hearing.
(3)
The applicant shall promptly respond to any deficiency letter, and the public hearing shall be deferred unless the applicant has responded prior thereto to any deficiency letter.
Acts 1973, No. 164, § 5; 1977, No. 866, § 1; A.S.A. 1947, § 73-276.4.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 5 - UTILITY FACILITY ENVIRONMENTAL AND ECONOMIC PROTECTION ACT (§§ 23-18-501 — 23-18-531) › Section 23-18-515 - Amendment of certificates

(a)
Upon application by an applicant, a certificate issued under this subchapter may be amended as provided in this section or in accordance with such simplified procedures as the Arkansas Public Service Commission may establish by reasonable rules.
(b)
An application for an amendment of a certificate shall be in such form and contain such information as the commission shall prescribe.
(c)
(1)
Notice of such an application shall be given as set forth in §
23-18-513(a)
-(c).
(2)
Any party which files an application for an amendment of a certificate shall serve copies thereof on each party to the original proceedings.
Amended by Act 2019, No. 315,§ 2481, eff. 7/24/2019.
Acts 1973, No. 164, §§ 4-6; 1977, No. 866, § 1; A.S.A. 1947, §§ 73-276.3 -- 73-276.5.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 5 - UTILITY FACILITY ENVIRONMENTAL AND ECONOMIC PROTECTION ACT (§§ 23-18-501 — 23-18-531) › Section 23-18-516 - Hearing on application or amendment

(a)
(1)
Upon receipt of an application complying with §§
23-18-511
-
23-18-514
, the Arkansas Public Service Commission shall promptly fix a date for the commencement of a public hearing thereon, which date shall be not fewer than forty (40) days nor more than one hundred eighty (180) days after the receipt of the application, and shall conclude the proceedings as expeditiously as practicable.
(2)
The testimony presented at such hearing may be presented in writing or orally, provided that the commission may make rules designed to exclude repetitive, redundant, or irrelevant testimony.
(b)
(1)
On an application for an amendment of a certificate, the commission shall hold a hearing in the same manner as a hearing is held on an application for a certificate if the commission affirmatively finds from the application, within thirty (30) days from the date of filing, that the proposed change in the facility would result in any material increase in any environmental or economic impact of the facility or that a substantial change will occur in the location of all or a portion of the facility other than as provided in the alternates set forth in the original application.
(2)
If the commission does not make such a finding by order within thirty (30) days after filing the application for amendment, the amendment shall become effective and the certificate shall be deemed to be amended as requested.
Acts 1973, No. 164, § 6; 1977, No. 866, § 1; A.S.A. 1947, § 73-276.5; Acts 2007, No. 658, § 4.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 5 - UTILITY FACILITY ENVIRONMENTAL AND ECONOMIC PROTECTION ACT (§§ 23-18-501 — 23-18-531) › Section 23-18-518 - Conduct of hearing

(a)
The Arkansas Public Service Commission shall hold a hearing, unless waived by the parties, on an application filed under §
23-18-511
.
(b)
A record shall be made of the hearing and of all testimony taken and the cross-examination thereon.
(c)
Rules of the commission shall apply to the proceeding.
(d)
The commission may provide for the consolidation of the representation of parties having similar interests.
Amended by Act 2015, No. 1000,§ 7, eff. 4/2/2015.
Acts 1973, No. 164, § 8; 1977, No. 866, § 1; A.S.A. 1947, § 73-276.7.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 5 - UTILITY FACILITY ENVIRONMENTAL AND ECONOMIC PROTECTION ACT (§§ 23-18-501 — 23-18-531) › Section 23-18-520 - Findings of fact required

(a)
In rendering a decision on the application for a certificate, the Arkansas Public Service Commission shall issue and serve an order upon all parties. This order shall include or be accompanied by findings of fact stating its reasons for the action taken.
(b)
If the commission has found that any regional or local law or regulation which would be otherwise applicable is unreasonably restrictive pursuant to §
23-18-519(b)(10)
, it shall state in its order the reasons therefor.
Acts 1973, No. 164, § 10; 1977, No. 866, § 1; A.S.A. 1947, § 73-276.9.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 5 - UTILITY FACILITY ENVIRONMENTAL AND ECONOMIC PROTECTION ACT (§§ 23-18-501 — 23-18-531) › Section 23-18-521 - Issuance of certificate - Effect

(a)
A certificate to construct and operate a major utility facility may be issued only under this subchapter.
(b)
(1)
A certificate issued under this subchapter to an applicant is in lieu of and exempts the applicant from the requirements of obtaining a certificate of convenience and necessity under §
23-3-201
et seq.
(2)
A certificate issued under this subchapter entitles the applicant to a permit under §
23-3-501
et seq. without any further notice or hearing if the applicant has filed with the Arkansas Public Service Commission the consent or authorization required by §
23-3-504(7)
and paid the damages stated in §
23-3-501
et seq.
Acts 1973, No. 164, §§ 4, 9; 1977, No. 866, § 1; A.S.A. 1947, §§ 73-276.3, 73-276.8; Acts 2011, No. 910, § 10.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 5 - UTILITY FACILITY ENVIRONMENTAL AND ECONOMIC PROTECTION ACT (§§ 23-18-501 — 23-18-531) › Section 23-18-522 - Compliance with certificate required

Any facility, with respect to which a certificate of environmental compatibility and public need is required, shall thereafter be located, financed, constructed, operated, and maintained in conformity with the certificate and any terms, conditions, and modifications contained therein.
Acts 1973, No. 164, § 4; 1977, No. 866, § 1; A.S.A. 1947, § 73-276.3.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 5 - UTILITY FACILITY ENVIRONMENTAL AND ECONOMIC PROTECTION ACT (§§ 23-18-501 — 23-18-531) › Section 23-18-523 - Transfer of certificates

Subject to the approval of the Arkansas Public Service Commission, a certificate may be transferred to a person who agrees to comply with the terms, conditions, and modifications contained therein. It shall also be transferable by operation of law to any receiver, trustee, or other similar assignee under a mortgage, deed of trust, or similar instrument.
Acts 1973, No. 164, § 4; 1977, No. 866, § 1; A.S.A. 1947, § 73-276.3.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 5 - UTILITY FACILITY ENVIRONMENTAL AND ECONOMIC PROTECTION ACT (§§ 23-18-501 — 23-18-531) › Section 23-18-524 - Rehearing - Judicial review

(a)
Any party aggrieved by any decision issued on an application for a certificate may apply for a rehearing as provided in §§
23-2-401
and
23-2-421
-
23-2-424
.
(b)
Any party aggrieved by the final decision of the Arkansas Public Service Commission on rehearing may obtain judicial review thereof in accordance with the provisions of §§
23-2-401
and
23-2-421
-
23-2-424
.
Acts 1973, No. 164, § 11; 1977, No. 866, § 1; A.S.A. 1947, § 73-276.10.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 5 - UTILITY FACILITY ENVIRONMENTAL AND ECONOMIC PROTECTION ACT (§§ 23-18-501 — 23-18-531) › Section 23-18-525 - Jurisdiction of courts

Except as stated in §§
23-18-505
,
23-18-506
, and
23-18-524
, a court of this state does not have jurisdiction to:
(1)
Hear or determine an issue, case, or controversy concerning a matter that was or could have been determined in a proceeding under this subchapter before the Arkansas Public Service Commission; or
(2)
Stop or delay the financing, construction, operation, or maintenance of a major utility facility except to enforce compliance with this subchapter or the provisions of a certificate issued under this subchapter after the exhaustion of administrative remedies before the commission.
Acts 1973, No. 164, § 12; 1977, No. 866, § 1; A.S.A. 1947, § 73-276.11; Acts 2011, No. 910, § 11.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 5 - UTILITY FACILITY ENVIRONMENTAL AND ECONOMIC PROTECTION ACT (§§ 23-18-501 — 23-18-531) › Section 23-18-526 - Powers of local governments and state agencies

Notwithstanding any other provision of law, no municipality, local government unit, or state department or agency, except the Division of Environmental Quality as set out in §
23-18-506
, may require any approval, consent, permit, certificate, or other condition for the construction, operation, or maintenance of a major utility facility authorized by a certificate issued pursuant to the provisions of this subchapter. Nothing in this subchapter shall prevent the application of state laws for the protection of employees engaged in the construction, operation, or maintenance of the major utility facility.
Amended by Act 2019, No. 910,§ 3243, eff. 7/1/2019.
Acts 1973, No. 164, § 13; 1977, No. 866, § 1; A.S.A. 1947, § 73-276.12; Acts 1999, No. 1164, § 181.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 5 - UTILITY FACILITY ENVIRONMENTAL AND ECONOMIC PROTECTION ACT (§§ 23-18-501 — 23-18-531) › Section 23-18-527 - Cooperation of state agencies

All state agencies and departments entitled to service under §
23-18-513(a) and (b)
are directed to cooperate with and render assistance to the Arkansas Public Service Commission in discharging its responsibilities under this subchapter.
Acts 1973, No. 164, § 17; 1977, No. 866, § 1; A.S.A. 1947, § 73-276.16.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 5 - UTILITY FACILITY ENVIRONMENTAL AND ECONOMIC PROTECTION ACT (§§ 23-18-501 — 23-18-531) › Section 23-18-529 - Forecasts of loading and resources - Reports

(a)
(1)
Each public utility shall annually furnish to the Arkansas Public Service Commission for its review a report containing a forecast of loads and resources and describing the major utility facilities which, in the judgment of the utility, will be required to supply system demands during the forecast period.
(2)
The forecast shall cover a period of at least two (2) calendar years next succeeding the date of the report, and such additional longer-range forecast reports as the commission may find necessary and may require by rule from time to time.
(3)
All such reports shall be available to public inspection. A copy of any report shall be furnished by the commission to any municipality, county, or government agency charged with the duty of protecting the environment or the duty of planning land use if that agency requests a copy of such a report in writing.
(4)
The report shall be in such form and shall contain such information as may be reasonably prescribed by the commission by rule.
(b)
Pursuant to this section, the commission may also require each public utility to furnish from time to time reports concerning actions taken by the utility to encourage the conservation of energy by its customers.
Amended by Act 2019, No. 315,§ 2484, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 2483, eff. 7/24/2019.
Acts 1973, No. 164, § 15; 1977, No. 866, § 1; A.S.A. 1947, § 73-276.14.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 5 - UTILITY FACILITY ENVIRONMENTAL AND ECONOMIC PROTECTION ACT (§§ 23-18-501 — 23-18-531) › Section 23-18-530 - Treatment of major utility facility generating plant

Except as provided under §
23-18-504(a)
, electric utility systems or facilities owned by a municipal electric consolidated authority created under the Arkansas Municipal Electric Utility Interlocal Cooperation Act of 2003, §
25-20-401
et seq., shall be subject to this subchapter.
Acts 2003, No. 366, § 7; 2007, No. 475, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 6 - ARKANSAS COST-SHIFTING PREVENTION ACT OF 2023 (§§ 23-18-601 — 23-18-607) › Section 23-18-601 - Title

This subchapter shall be known and cited as the "Arkansas Cost-Shifting Prevention Act of 2023".
Amended by Act 2023, No. 278,§ 1, eff. 3/13/2023.
Acts 2001, No. 1781, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 6 - ARKANSAS COST-SHIFTING PREVENTION ACT OF 2023 (§§ 23-18-601 — 23-18-607) › Section 23-18-602 - Legislative findings and declarations

The General Assembly finds that:
(1)
Arkansas has an established process for the billing option that enables customer-owned net-metering facilities to offset part or all of a net-metering customer's electric consumption;
(2)
This billing option should continue subject to certain modifications for the benefit and rate protection of all electric utility customers in Arkansas; and
(3)
It is in Arkansas's long-term interest to adopt the modifications set forth in this subchapter.
Amended by Act 2023, No. 278,§ 1, eff. 3/13/2023.
Acts 2001, No. 1781, § 2.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 6 - ARKANSAS COST-SHIFTING PREVENTION ACT OF 2023 (§§ 23-18-601 — 23-18-607) › Section 23-18-605 - Municipal utilities

(a)
A municipal utility shall allow net-metering facilities to be interconnected according to the ordinances, rules, or regulations established by the governing body of the municipal utility.
(b)
The governing body of a municipal utility may elect to follow procedures under §
23-18-604
, §
23-18-606
, or §
23-18-607
or may adopt ordinances, rules, or regulations establishing the rates, terms, and conditions allowing the interconnection of net-metering facilities, including generation facilities and energy storage devices, whether owned or leased by a customer or operated by a third party on behalf of a customer.
(c)
The governing body of a municipal utility may limit the generating capacity of a net-metering facility to less than twenty-five kilowatts (25 kW) for residential customers or three hundred kilowatts (300 kW) for nonresidential customers only after the governing body finds that the capacity limit is necessary for reliable utility operations or the public health, safety, or welfare.
(d)
The governing body of a municipal utility shall not establish a rate or fee that reduces the value of electric energy from a net-metering facility to below the avoided cost of the municipal utility.
(e)
For customers who receive service under a rate that includes a demand component, the governing body of the municipal utility shall require a municipal utility to credit a net-metering customer with any accumulated net excess generation in the next applicable billing period and base the bill of the customer on the net amount of electricity that the net-metering customer has received from or fed back to the municipal utility during the billing period.
Amended by Act 2023, No. 278,§ 1, eff. 3/13/2023.
Added by Act 2019, No. 464,§ 3, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 7 - ARKANSAS CLEAN ENERGY DEVELOPMENT ACT (§§ 23-18-701 — 23-18-703) › Section 23-18-701 - Legislative findings and declaration of purpose

(a)
The General Assembly finds that it is in the public interest to require all electric and natural gas public utilities subject to the jurisdiction of the Arkansas Public Service Commission to consider clean energy and the use of renewable energy resources as part of any resource plan or natural gas procurement plan.
(b)
The purpose of this subchapter is to ensure that all electric and natural gas public utilities subject to the jurisdiction of the Arkansas Public Service Commission will consider clean energy and the use of renewable resources as a part of any resource plan or natural gas procurement plan.
Acts 2007, No. 755, § 1; 2011, No. 735, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 7 - ARKANSAS CLEAN ENERGY DEVELOPMENT ACT (§§ 23-18-701 — 23-18-703) › Section 23-18-702 - Public utilities required to consider clean energy resources

All electric and natural gas public utilities subject to the jurisdiction of the Arkansas Public Service Commission shall consider clean energy and the use of renewable resources as part of any resource plan or natural gas procurement plan.
Acts 2007, No. 755, § 1; 2011, No. 735, § 2.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 7 - ARKANSAS CLEAN ENERGY DEVELOPMENT ACT (§§ 23-18-701 — 23-18-703) › Section 23-18-703 - Authority of commission

(a)
(1)
The Arkansas Public Service Commission may consider, propose, develop, solicit, approve, implement, and monitor measures by electric and natural gas public utilities subject to its jurisdiction that cause the electric and natural gas public utilities to incur costs of service and investments that utilize, generate, or involve clean energy resources or renewable energy resources, or both.
(2)
(A)
The commission may encourage or require electric and natural gas public utilities subject to its jurisdiction to consider clean energy or renewable energy resources, or both, as part of any resource plan or natural gas procurement plan.
(B)
If the commission approves the use of a clean energy resource or renewable energy resource in the form of a biofuel by an electric or natural gas public utility in a manner that displaces an energy equivalent of fossil fuels, the use of the clean energy resource or renewable energy resource may:
(i)
Be included as part of the electric or natural gas public utility's energy efficiency or conservation program under the Energy Conservation Endorsement Act of 1977, §
23-3-401
et seq.; and
(ii)
Apply toward the satisfaction of the electric or natural gas public utility's energy efficiency or conservation goals established by the commission or by law.
(3)
After proper notice and hearings, the commission may approve any clean energy resource or renewable energy resource that it determines to be in the public interest.
(4)
If the commission determines that the cost of a clean energy resource or renewable energy resource is in the public interest, the commission may allow the affected electric or natural gas public utility to implement a temporary surcharge or utilize an existing commission-approved cost-recovery mechanism to recover the appropriate costs of such a resource until the implementation of new rate schedules in connection with the electric or natural gas public utility's next general rate filing in which such costs can be included in the electric or natural gas public utility's base rate schedules or for continued recovery through an approved appropriate tariff.
(b)
Nothing in this subchapter shall be construed as limiting or diminishing the authority of the commission to order, require, promote, or engage in any other energy resource practices or procedures.
Acts 2007, No. 755, § 1; 2009, No. 164, § 9; 2011, No. 735, § 3.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 8 - BROADBAND OVER POWER LINES ENABLING ACT (§§ 23-18-801 — 23-18-808) › Section 23-18-801 - Title

This subchapter shall be known and may be cited as the "Broadband Over Power Lines Enabling Act".
Acts 2007, No. 739, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 8 - BROADBAND OVER POWER LINES ENABLING ACT (§§ 23-18-801 — 23-18-808) › Section 23-18-802 - Definitions

As used in this subchapter and §§
14-200-101
,
18-15-503
,
18-15-504
, and
18-15-507
:
(1)
"Broadband affiliate" or "affiliate" means an entity that is at least ten percent (10%) owned or controlled, directly or indirectly, by the electric utility formed to provide regulated or nonregulated broadband services;
(2)
"Broadband Internet service provider" means an entity that provides Internet broadband services to others on a wholesale basis or to end-use customers on a retail basis;
(3)
"Broadband operator" means an entity that owns or operates a broadband system on the electric power lines and related facilities of an electric utility;
(4)
"Broadband services" means the provision of regulated or nonregulated connectivity to a high-speed, high-capacity transmission medium that can carry signals from multiple independent network carriers over electric power lines and related facilities, whether above or below ground;
(5)
"Broadband system" means the materials, equipment, and other facilities installed to facilitate the provision of broadband services;
(6)
"Electric delivery system" means the power lines and related facilities used by an electric utility to deliver electric energy;
(7)
"Electric utility" means a public utility as defined under §
23-1-101
that produces, generates, transmits, delivers, or furnishes electricity to or for the public for compensation;
(8)
"Nonregulated broadband services" means broadband services and technologies that are not provided for the operational performance of an electric utility, including without limitation, the provision of broadband services at wholesale or at retail; and
(9)
"Regulated broadband services" means broadband services and technologies that are used and useful for the operational performance and service reliability of an electric utility, including without limitation:
(A)
Automated meter reading;
(B)
Real-time system monitoring;
(C)
Remote service control;
(D)
Outage detection and restoration;
(E)
Predictive maintenance and diagnostics; and
(F)
Monitoring and enhancement of power quality.
Acts 2007, No. 739, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 8 - BROADBAND OVER POWER LINES ENABLING ACT (§§ 23-18-801 — 23-18-808) › Section 23-18-803 - Permissible broadband systems

(a)
An electric utility, an affiliate of an electric utility, or a person unaffiliated with an electric utility may own, construct, maintain, and operate a broadband system and provide broadband services on an electric utility's electric delivery system consistent with the requirements of this subchapter.
(b)
This subchapter does not require an electric utility to implement a broadband system, provide broadband services, or allow others to install broadband facilities or use the electric utility's facilities to provide broadband services.
(c)
An electric utility, a broadband affiliate, or a broadband operator may elect to install and operate a broadband system on part or all of its electric delivery system in any part or all of its certificated service territory.
Acts 2007, No. 739, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 8 - BROADBAND OVER POWER LINES ENABLING ACT (§§ 23-18-801 — 23-18-808) › Section 23-18-804 - Ownership and operation of broadband system

(a)
An electric utility may:
(1)
Own or operate a broadband system on the electric utility's electric delivery system;
(2)
Allow an affiliate to own or operate a broadband system on the electric utility's electric delivery system;
(3)
Allow an unaffiliated entity to own or operate a broadband system on the electric utility's electric delivery system;
(4)
Provide broadband service, including without limitation, Internet service over a broadband system; and
(5)
Allow an affiliate or unaffiliated entity to provide broadband service, including without limitation, Internet service over a broadband system.
(b)
The electric utility shall determine which broadband Internet service providers may have access to broadband capacity on the broadband system.
Acts 2007, No. 739, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 8 - BROADBAND OVER POWER LINES ENABLING ACT (§§ 23-18-801 — 23-18-808) › Section 23-18-805 - Jurisdiction

(a)
Except as provided in this subchapter, neither the state nor any agency, instrumentality, or political subdivision of the state has jurisdiction over:
(1)
An electric utility's ownership or operation of a broadband system; or
(2)
The provision of broadband services by the electric utility, a broadband affiliate, or a broadband operator.
(b)
Nothing in this subchapter shall interfere with the Arkansas Public Service Commission's authority to regulate public utilities pursuant to §
23-2-301
et seq.
Acts 2007, No. 739, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 8 - BROADBAND OVER POWER LINES ENABLING ACT (§§ 23-18-801 — 23-18-808) › Section 23-18-807 - Reliability of electric systems maintained

(a)
An electric utility that installs or operates or permits the installation or operation of a broadband system on its electric delivery system shall employ all reasonable measures to ensure that the operation of the broadband system does not interfere with or diminish the reliability of the electric utility's electric delivery system.
(b)
If a disruption in the provision of electric service occurs, the electric utility shall be governed by the terms and conditions of the retail electric delivery service tariff.
(c)
The provision of broadband services shall be at all times secondary to the reliable provision of electric delivery services.
Acts 2007, No. 739, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 8 - BROADBAND OVER POWER LINES ENABLING ACT (§§ 23-18-801 — 23-18-808) › Section 23-18-808 - Compliance with federal law

(a)
A broadband operator shall comply with all applicable federal laws, including those protecting licensed spectrum users from interference by broadband systems.
(b)
To the extent required by Federal Communications Commission rules, the operator of a radio frequency device shall discontinue using a radio frequency device that causes harmful interference.
Acts 2007, No. 739, §§ 1, 5.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 9 - ARKANSAS ELECTRIC UTILITY AND GAS UTILITY STORM RECOVERY SECURITIZATION ACT (§§ 23-18-901 — 23-18-912) › Section 23-18-904 - Exceptions to commission jurisdiction

(a)
If the Arkansas Public Service Commission issues a financing order to a utility pursuant to this section, the commission shall not:
(1)
Consider the storm recovery bonds issued pursuant to the financing order to be the debt of the utility other than for federal and state income tax purposes;
(2)
Consider the storm recovery charges paid under the financing order to be the revenue of the utility for any purpose;
(3)
Consider the storm recovery costs or financing costs specified in the financing order to be the costs of the utility; or
(4)
Determine any action taken by a utility which is consistent with the financing order to be unjust or unreasonable.
(b)
The commission shall not:
(1)
Order or otherwise directly or indirectly require a utility to use storm recovery bonds to finance any project, addition, plant, facility, extension, capital improvement, equipment, or any other expenditure;
(2)
Refuse to allow a utility to recover costs for storm recovery activities in an otherwise permissible and reasonable fashion; or
(3)
Refuse or condition authorization or approval of the issuance and sale by a utility of securities or the assumption by it of liabilities or obligations, solely because of the potential availability of storm recovery financing.
Amended by Act 2021, No. 641,§ 1, eff. 4/12/2021.
Acts 2009, No. 729, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 9 - ARKANSAS ELECTRIC UTILITY AND GAS UTILITY STORM RECOVERY SECURITIZATION ACT (§§ 23-18-901 — 23-18-912) › Section 23-18-908 - Choice of law - Conflicts

(a)
(1)
The law governing the validity, enforceability, attachment, perfection, priority, exercise of remedies, and venue with respect to the sale, assignment, or transfer of an interest or right or the creation of a security interest in any storm recovery property shall be exclusively the laws of this state, without applying this state's law on conflicts of laws and notwithstanding any contrary contractual provision.
(2)
The validity, enforceability, attachment, perfection, priority, and exercise of remedies with respect to the sale, assignment, or transfer of an interest or right or the creation of a security interest in any storm recovery property shall be governed by this subchapter, and solely to the extent not addressed by this subchapter, by the Uniform Commercial Code - Secured Transactions, §
4-9-101
et seq., and other laws of this state.
(b)
In the event of conflict between this subchapter and any other law regarding the attachment, creation, perfection, the effect of perfection, or priority of, and sale, assignment, or transfer of, or security interest in, storm recovery property, or the exercise of remedies with respect thereto, this subchapter shall govern to the extent of the conflict.
Amended by Act 2021, No. 641,§ 1, eff. 4/12/2021.
Acts 2009, No. 729, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 9 - ARKANSAS ELECTRIC UTILITY AND GAS UTILITY STORM RECOVERY SECURITIZATION ACT (§§ 23-18-901 — 23-18-912) › Section 23-18-909 - Storm recovery bonds not public debt - Legal investments

(a)
(1)
Storm recovery bonds are not a debt or a general obligation of the state or any of its political subdivisions, agencies, or instrumentalities and are not a charge on their full faith and credit.
(2)
An issue of storm recovery bonds does not, directly or indirectly or contingently, obligate the state or any agency, political subdivision, or instrumentality of the state to levy any tax or make any appropriation for payment of the bonds, other than for paying storm recovery charges in their capacity as consumers of electricity or natural gas.
(3)
All storm recovery bonds authorized by a financing order by the Arkansas Public Service Commission shall contain on the face thereof a statement to the following effect:
"Neither the full faith and credit nor the taxing power of the State of Arkansas is pledged to the payment of the principal of, or interest on, this bond."
(b)
Storm recovery bonds shall be legal investments for all governmental units, financial institutions, insurance companies, fiduciaries, and other persons that require statutory authority regarding legal investment.
Amended by Act 2021, No. 641,§ 1, eff. 4/12/2021.
Acts 2009, No. 729, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 9 - ARKANSAS ELECTRIC UTILITY AND GAS UTILITY STORM RECOVERY SECURITIZATION ACT (§§ 23-18-901 — 23-18-912) › Section 23-18-910 - Tax treatment

The Arkansas state income tax treatment of the following events will conform to the federal income tax treatment of the events:
(1)
A utility's receipt of a financing order that creates storm recovery property for the benefit of the utility;
(2)
The utility's receipt of cash or other valuable consideration in exchange for its transfer of the storm recovery property to an affiliate which is wholly owned, directly or indirectly, by the utility; and
(3)
The utility's receipt of cash or other valuable consideration in exchange for storm recovery bonds issued by the financing party.
Amended by Act 2021, No. 641,§ 1, eff. 4/12/2021.
Acts 2009, No. 729, § 1.