An act TO AMEND THE LAW CONCERNING EXEMPTIONS FOR 10 CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY FOR 11 NEW CONSTRUCTION TO SUPPLY A PUBLIC SERVICE OR TO 12 EXTEND A PUBLIC SERVICE, the official text

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                                          SENATE BILL 594

4

5 By: Senator M. McKee

6 By: Representative Milligan

7

8                              For An Act To Be Entitled

9   AN ACT TO AMEND THE LAW CONCERNING EXEMPTIONS FOR

10  CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY FOR

11  NEW CONSTRUCTION TO SUPPLY A PUBLIC SERVICE OR TO

12  EXTEND A PUBLIC SERVICE; AND FOR OTHER PURPOSES.

13

14

15                                        Subtitle

16                       TO AMEND THE LAW CONCERNING EXEMPTIONS

17                       FOR CERTIFICATES OF PUBLIC CONVENIENCE

18                       AND NECESSITY FOR NEW CONSTRUCTION TO

19                       SUPPLY A PUBLIC SERVICE OR TO EXTEND A

20                       PUBLIC SERVICE.

21

22 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:

23

24  SECTION 1. Arkansas Code � 23-3-201(b)(1), concerning exemptions from

25 the requirement of obtaining a certificate of public convenience and

26 necessity, is amended to read as follows:

27  (b)(1) This section does not:

28  (1) require Require a certificate of public convenience and

29 necessity for:

30                       (A) The replacement or expansion of existing equipment or

31 facilities with similar equipment or facilities in substantially the same

32 location or the rebuilding, upgrading, modernizing, or reconstructing of

33 equipment or facilities that increase capacity if no increase in the width of

34 an existing right-of-way is required;

35                       (B) The construction or operation of equipment or

36 facilities for supplying a public service that has begun under a limited or

    *ANS429*                                                     03/31/2025 4:20:33 PM ANS429
                                                                          SB594

1 conditional certificate or authority as provided in �� 23-3-203 -- 23-3-205;

2        (C) The extension of a public service:

3        (i) Within a municipality or district where a public

4 service has been lawfully supplied;

5        (ii) Within or to territory then being served; or

6        (iii) That is necessary in the ordinary course; or

7        (D) Except as provided in � 23-18-504(c), the construction

8 or operation of a major utility facility as defined in the Utility Facility

9 Environmental and Economic Protection Act, � 23-18-501 et seq., or any

10 exemption under the Utility Facility Environmental and Economic Protection

11 Act, � 23-18-501 et seq.; or

12       (2) Apply to equipment or facilities a majority of which is

13 owned by one (1) or more exempt wholesale generators as defined in � 23-1-

14 101;

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

32

33

34

35

36

                                       2  03/31/2025 4:20:33 PM ANS429