ELECTIONS-TECH

104th Regular Session Introduced by Don Harmon

SB 452 mandates contracts for wind turbines to include maintenance, recycling, and liability terms, protecting property owners and promoting environmental sustainability.

Rule 3-9(a) / Re-referred to Assignments

Overview

Senate Bill 452 (SB 452) is a legislative proposal introduced in the Arkansas General Assembly aimed at establishing regulations for contracts related to the maintenance and recycling of wind turbines. The bill is classified as an appropriation bill and is currently carried over to the 2024 Regular Session.

Purpose

The primary intent of SB 452 is to ensure that contracts between entities (such as wind turbine manufacturers or maintenance companies) and property owners include specific provisions addressing:
- The maintenance of wind turbines.
- The recycling of materials used in wind turbine construction and maintenance.
- The proper disposition of wind turbines in the event that the entity responsible for their maintenance becomes unable to fulfill its obligations.

Key Provisions

The bill introduces a new subchapter (Subchapter 15) to Arkansas Code Title 4, Chapter 75, which includes the following key provisions:

Definitions:

Maintenance: Keeping a wind turbine in a condition that is close to its original state.
Recycling: The process of collecting, decontaminating, and returning materials used in wind turbine operations.
Wind Turbine: Defined as an apparatus over 200 feet tall that converts wind energy into electricity, including its components like blades, towers, and transformers.

Contract Requirements:

Effective January 1, 2026, contracts for the installation of wind turbines must include:
- Provisions for proper maintenance and recycling.
- Terms for the disposition of the turbine if the installing entity is dissolved or unable to maintain it.

Liability:

The entity must agree to assume joint and several liability for any damages related to the failure to maintain or recycle the wind turbine, or for its disposition if the entity ceases operations.

Enforcement:

Violations of this subchapter are classified as unfair or deceptive acts under the Deceptive Trade Practices Act, allowing the Attorney General to enforce penalties and remedies.

Impact

SB 452 is expected to affect:
- Property Owners: Ensures they have protections and clear guidelines regarding the maintenance and recycling of wind turbines on their property.
- Wind Energy Companies: Requires them to include specific contractual obligations, potentially increasing operational accountability.
- Environmental Considerations: Promotes responsible recycling practices for wind turbine materials, contributing to sustainability efforts.

Legislative Timeline

Introduced: March 13, 2025

First Reading: March 13, 2025

Committee Review: Referred to the Judiciary Committee on March 13, 2025

Died in Committee: May 5, 2025, at Sine Die adjournment

Carried Over: The bill was carried over to the 2024 Regular Session on December 11, 2023.

This summary provides an overview of SB 452, highlighting its purpose, key provisions, and potential impact on stakeholders involved in wind energy in Arkansas.

Bill