92nd Arkansas General Assembly/SB 289: Municipal Jurisdiction Over Utilities

February 12, 2019

By: Walter G. Wright

Category: Arkansas Environmental, Energy, and Water Law

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Senate Bill 289 has been introduced which would amend certain provisions of Chapter 200 (Municipal Authority Over Utilities) of the Arkansas Code.

The bill’s sponsors include:

  • Senator Jane English (North Little Rock)
  • Representative Mark Lowery (Maumelle)
  • Representative Carlton Wing (North Little Rock)

Provisions of the bill include an amendment to Ark. Code § 14-200-101(a) addressing municipal jurisdiction over utilities. This definition is revised to include water utilities, adding it to electric, gas, sewer, or telephone companies.

The bill also amends Ark. Code 14-200-101(b)(1)(A)(iii) addressing franchise fees for utilities. The word “public” is added, along with a revision addressing the cap on the franchise fee.

The bill also addresses Ark. Code § 25-30-319(b) regarding franchise fees by deleting (b) and adding the following language:

A participating public agency shall not require a public body created under this subchapter to pay a franchise fee under authority of other law.

A copy of the bill can be found here.

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