SB 718 — TO ALLOW CERTAIN ELECTRIC UTILITY CONSUMERS TO TRANSFER SERVICES TO ANOTHER UTILITY PROVIDER IN CERTAIN CIRCUMSTANCES; AND TO ESTABLISH THE TRANSFER OF ELECTRIC UTILITY SERVICES BY A LANDOWNER ACT.

Bill Text

• SB 718 Current pdf

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill establishes a new subchapter in Arkansas law that provides a framework for landowners to transfer electric utility services to another provider under certain conditions.

• 23-18-1101

  This subchapter shall be known and may be cited as the "Transfer of Electric Utility Services by a Consumer Act".

  Establishes a title for the new subchapter regarding utility service transfer.

• 23-18-1102

  It is the purpose of this subchapter to assist landowners to obtain utility services by making utility services reasonably available.

  Defines the purpose of the new subchapter to aid landowners in accessing utility services.

• 23-18-1103

  As used in this subchapter: (1) "Electric utility service" means a service: (A) Provided by an electric utility regulated by the Arkansas Public Service Commission under § 23-4-201; and (B) That is related to the generation, production, transmission, or distribution of electricity: (i) To or for the public; (ii) For compensation; and (iii) For lighting, heat, power, cooking, or any similar use; (2) "Landowner" means an individual or entity that: (A) Purchases an electric utility service; and (B) Owns property within the jurisdiction of a utility provider; (3) "Utility provider" means an electric utility that provides the transmission, distribution, or delivery of electricity; and (4) "Utility services" means: (A) The transmission of communications; (B) The transmission, distribution, or delivery of electricity, water, or natural gas for public use; (C) Sewer service; (D) Fire protection; (E) Police protection; (F) Drainage and storm water management; or (G) Any other offering by the utility provider that materially affects a landowner's ability to develop, use, or expand the uses of the landowner's property.

  Provides definitions relevant to the new subchapter concerning electric utility services.

• 23-18-1104

  (a)(1) A landowner seeking additional utility services may have its service area removed from a utility provider in which the landowner's property is located and transferred to the territory of another utility provider if the landowner is within five thousand feet (5,000') of the territory of the other utility provider and the other territory offers and provides utility services that are not available within the territory of the original utility provider.

  Allows landowners to transfer their utility service area to another provider if certain distance and service availability criteria are met.

• 23-18-1105

  (a) This subchapter does not allow a utility provider to be split in half or to have any of the land within its jurisdiction separately encircled that creates an island of that utility provider within the boundaries of another utility provider.

  Prevents the creation of fragmented or isolated utility service areas through the transfer process.

• 23-18-1106

  (a) The Arkansas Public Service Commission has exclusive jurisdiction to hear all matters related to this subchapter.

  Designates the Arkansas Public Service Commission as the authority for overseeing matters related to utility transfers.

• 23-18-1108

  In a matter to transfer electric utility service under this subchapter, if a utility provider from which the landowners detached and transfer service areas determines that the scheduled utility services are available or became available to the detaching landowners by the utility provider to which the landowners were annexed into, the landowners shall automatically be detached and annexed back into the original utility provider after the expiration of one hundred eighty (180) days following the date the schedule of utility services became available to the landowners and the landowners have not used the utility services.

  Specifies conditions under which landowners will revert to their original utility provider based on service availability.

• 23-18-1109

  The Arkansas Public Service Commission shall promulgate rules to implement this subchapter.

  Authorizes the Arkansas Public Service Commission to create rules for the enforcement of the new subchapter.

Action History

1. October 15, 2021

   Died in Senate Committee at Sine Die adjournment.

2. April 27, 2021

   Read first time, rules suspended, read second time, referred to INSURANCE & COMMERCE - SENATE

3. April 27, 2021

   Filed

Sponsors

• B. Ballinger · Primary

Subjects