95th Arkansas General Assembly: House Bill Introduced Placing Certain Restrictions on Wind Power Devices

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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House Bill 1198 has been introduced which would impose a height restriction on certain wind power devices.

The Bill was introduced by Representative Jeremiah Moore of Clarendon and Senator Jonathan Dismang of Little Rock.

An additional Section would be added to Arkansas Code Title 15, Chapter 45, Subchapter 1, to be titled:

Wind power device height prohibition for waterfowl conservation.

Legislative findings in the Bill provide that:

  • Wind energy from wind farms and wind turbines is becoming an increasingly large source of energy production.
  • Wind energy can have effects on wildlife and the environment with birds, especially migratory birds.
  • Minimizing such impacts can be accomplished by ensuring wind power devices are away from large concentrations of birds.
  • Arkansas waterfowl populations have been declining in recent years and may be greatly impacted by increased wind power devices.
  • Waterfowl populations could recover with continued conservation efforts such as restricting wind power devices of a certain height from certain areas.

Wind power devices are defined to include:

…a device, including a windmill, wind farm, or wind turbine, that is designed to use the kinetic energy of moving air to provide mechanical energy or to produce electricity.

The Bill would prohibit a wind power device from exceeding 150 feet in height if the wind power device is located within an area that is 100 square miles in which eleven or more bird bans had been collected in the previous 10 years.

The Bill has been referred to the Joint Committee on Energy.

A copy of House Bill 1198 can be downloaded here.

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Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.
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