§ 23-18-501. Title
This subchapter shall be known and may be cited as the “Utility Facility Environmental and Economic Protection Act”.
§ 23-18-502. Legislative findings — Intent — Purpose
(a) (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 […]
§ 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 […]
§ 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) […]
§ 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.
§ 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 […]
§ 23-18-507. Authority of commission — Legislative intent
(a) Nothing in this subchapter shall be deemed to confer upon the Arkansas Public Service Commission power or jurisdiction to regulate or supervise the rates, service, or securities of any person not otherwise subject to the Arkansas Public Service Commission’s jurisdiction. (b) The Arkansas Public Service Commission, in the discharge of its duties under this […]
§ 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 […]
§ 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.
§ 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 […]
§ 23-18-511. Application for certificate — Contents generally
An applicant for a certificate shall file with the Arkansas Public Service Commission a verified application in the form required by the commission and containing the following information: (1) A general description of the location and type of the major utility facility proposed to be built; (2) A general description of any reasonable alternate location […]
§ 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.
§ 23-18-513. Application for certificate — Service or notice of application
(a) Each application for a certificate of environmental compatibility and public need shall be accompanied by proof of service of a copy of the application on: (1) The mayor of each municipality; (2) The county judge; (3) The chair of the county planning board, if any; (4) Any head of a governmental agency charged with […]
§ 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 […]
§ 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 […]
§ 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, […]
§ 23-18-517. Parties to certification proceedings
(a) The parties to a certification proceeding shall include: (1) The applicant; (2) Each municipality, county, and government agency or department or other person entitled to receive service of a copy of the application under § 23-18-513(a) if it has filed with the Arkansas Public Service Commission a notice of intervention as a party within […]
§ 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 […]
§ 23-18-519. Decision of commission — Modifications of application
(a) (1) The Arkansas Public Service Commission shall render a decision upon the record either granting or denying the application as filed or granting it upon such terms, conditions, or modifications of the location, financing, construction, operation, or maintenance of the major utility facility as the commission may deem appropriate. (2) The record may include […]
§ 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 […]