Shown verbatim: the complete text as captured from the official PDF posted by the Arkansas General Assembly, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
Stricken language would be deleted from and underlined language would be added to present law.
1 State of Arkansas A Bill
2 95th General Assembly
3 Regular Session, 2025 HOUSE BILL 1409
4
5 By: Representative Long
6
7
8 For An Act To Be Entitled
9 AN ACT TO AMEND THE LAW REGARDING ENERGY; TO CREATE
10 THE ELECTRIC RELIABILITY ACT; AND FOR OTHER PURPOSES.
11
12
13 Subtitle
14 TO AMEND THE LAW REGARDING ENERGY; AND
15 TO CREATE THE ELECTRIC RELIABILITY ACT.
16
17 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
18
19 SECTION 1. Arkansas Code Title 23, Chapter 18, is amended to add an
20 additional subchapter to read as follows:
21
22 Subchapter 13 -- Electric Reliability Act
23
24 23-18-1301. Title.
25 This subchapter shall be known and may be cited as the "Electric
26 Reliability Act".
27
28 23-18-1302. Legislative findings.
29 The General Assembly finds that:
30 (1) Arkansas residents, including families and industries in
31 this state, depend on reliable and affordable electric utility service for
32 innumerable things they do, from operating lifesaving medical equipment to
33 operating lifesaving building temperature and humidity control;
34 (2) Electric utility service demand must be met with instant
35 electric utility service supply or interruptions of electric utility service
36 result;
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1 (3) In 2022, two hundred thirty (230) coal plants, that produce
2 twenty percent (20%) of American electric utility service, were targeted for
3 closure by activist groups, state and federal regulators, and utility
4 companies, with dozens of coal plants across the United States slated for
5 closure in the next three (3) years;
6 (4) Also in 2022, eighty thousand (80,000) wind towers produced
7 nine percent (9%) of electric utility service in the United States, and
8 approximately six thousand (6,000) wind towers are added per year, but at
9 least seven hundred fifty thousand (750,000) more wind towers are needed to
10 replace coal and natural gas generation, and sufficient battery storage is
11 needed to cover the seventy percent (70%) of the time during which wind
12 towers produce little to no electric utility service;
13 (5) Solar energy produced less than three percent (3%) of
14 electricity in the United States in 2022, and only produces electricity
15 during daylight hours when the sun shines, producing little or no electricity
16 during daily peak demands of 5:00 p.m. to 9:00 p.m.;
17 (6) The North American Electric Reliability Corporation, the
18 regional transmission organizations, Midcontinent Independent System
19 Operator, and Pennsylvania-New Jersey-Maryland Interconnection have warned
20 that large swathes of the United States face elevated risks of electric
21 utility service shortfalls now and in the future;
22 (7) Restricting the supply of electric utility service without
23 immediate substitutes jeopardizes reliability and affordability and will
24 cause interruptions of electric utility service, often when needed most,
25 during the hottest and coldest months;
26 (8) Electric utility service in the United States has remained
27 static for the last twenty (20) years, yet investments in new electric power
28 generation have accelerated;
29 (9) Rising electric utility service prices and decreased
30 reliability will contribute to overall inflation;
31 (10) America's coal and natural gas plants should not be
32 recklessly decommissioned or regulated out of existence. Instead, they
33 should be kept online and readily available to provide flexibility for
34 national security in times of war, economic security, supply security, price
35 stability, and reliability;
36 (11) Winter storms have caused millions to lose electric utility
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1 service for extended periods, costing lives and billions of dollars in
2 damages because of electric utility service shortages and outages;
3 (12) The affordability and reliability of electric service is of
4 major importance to low-income Arkansans because they spend the largest
5 percentage of their income on energy and are harmed the most by high energy
6 prices; and
7 (13) Arkansas will use all means necessary to protect this
8 state's electric utility service reliability because regulation of electric
9 utility service and pollutants are not among the constitutionally delegated
10 powers assigned to the United States Government and are reserved to the state
11 under the Tenth Amendment to the United States Constitution.
12
13 23-18-1303. Reliability and availability of electric generation
14 facilities -- Definitions.
15 (a) As used in this section:
16 (1)(A) "Dispatchable" means a source of electric utility service
17 that:
18 (i) Is readily available for use on demand and can
19 be dispatched upon request of a power grid operator; or
20 (ii) Can have its power output adjusted according to
21 market needs, except for routine maintenance or repairs.
22 (B) "Dispatchable" includes on-demand power;
23 (2) "Electric generation facility" means a facility that uses
24 hydroelectric, coal, natural gas, or nuclear fuel to generate reliable or
25 dispatchable electric utility service to a retail customer for compensation;
26 (3)(A) "Firm power" means dispatchable, reliable power
27 generation and battery storage of more than twenty-four (24) hours.
28 (B) "Firm power" does not include power that is not
29 dispatchable; and
30 (4) "Reliable" means a source of electric utility service that:
31 (A) Is not subject to intermittent availability;
32 (B) Has a performance standard of eighty percent (80%) or
33 higher; and
34 (C) Has a performance standard that only falls below
35 eighty percent (80%) during routine maintenance or repairs.
36 (b)(1) The Arkansas Public Service Commission shall not authorize or
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1 approve the retirement of an electric generation facility as proposed in a
2 rate case, integrated resource plan, or other submission to the commission
3 until there is an equal or greater contracted new means of firm power
4 available on the electric grid to replace the loss of firm power brought
5 about by the proposed closure of the electric generation facility.
6 (2) An equal or greater contracted new means of firm power under
7 subdivision (b)(1) of this section shall not be from any future prospects.
8 (c)(1) In assessing the amount of replacement firm power needed under
9 subdivision (b)(1) of this section, the commission shall consider imminent
10 and planned closures of electric generation facilities in other states of the
11 member regional transmission organizations in addition to the imminent and
12 planned closures in this state.
13 (2) If other states of the member regional transmission
14 organizations are not replacing their retired or closed electric generation
15 facilities or other means of firm power that are scheduled for retirement
16 with an equal or greater amount of firm power, the commission shall include
17 the lack of replacements to the calculations of this state's replacement of
18 firm power under subdivision (b)(1) of this section before approving the
19 proposed closure of an electric generation facility.
20 (d)(1) If the United States Government through regulation forces
21 costly upgrades or other requirements leading to the closure of existing
22 electric generation facilities, the commission shall seek a waiver from the
23 federal government until there is sufficient replacement firm power available
24 to the electric grid to replace the retired electric generation facility.
25 (2) If a waiver is requested under subdivision (d)(1) of this
26 section but is not granted, the commission shall seek a court injunction and
27 bring litigation against the implementation of the closure of an electric
28 generation facility.
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4 02/05/2025 7:49:39 AM ANS044Every fact on this page links to its source, starting with the official bill record.