23 CAR § 469-103. Definitions

The following definitions shall apply to this part, and any references to this part shall include these definitions, except as required by context: (1) “Abandonment” means the failure to generate electricity in commercial quantities for a period of one hundred eighty (180) consecutive days unless the termination of electricity was: (A) Mandated by state or federal law; or (B) Authorized by the Arkansas Public Service Commission; (2) “Adversely affect” means to cause any significant and widespread adverse effect, which may be reasonably anticipated, to wildlife, aquatic life, or other natural resources, including adverse impacts on populations of endangered or threatened species or significant degradation of environmental quality over broad areas; (3)(A) “Commercial quantities” means an amount of electrical energy sufficient to sell or use offsite from a wind energy facility. (B) “Commercial quantities” does not include amounts of electrical energy only used for the maintenance or testing of the wind energy facility or components of the wind energy facility; (4)(A) “Construct” means the activity of clearing land, excavation, relocation of utilities, a wind energy facility expansion, or other action that would adversely affect the natural environment of the proposed site. (B) “Construct” does not include the activity of: (i) An erection of a meteorological tower; (ii) An environmental assessment; (iii) A survey; (iv) Any necessary borings to ascertain foundation conditions; (v) Any preliminary engineering; or (vi) Any other activities associated with an assessment of development of wind resources on a given parcel of property; (5) “Financial security” means a surety bond, collateral bond, irrevocable letter of credit, parent guaranty, cash, cashier's check, certificate of deposit, bank joint custody receipt, or other approved negotiated instrument, or any combination of these items in the amount of one hundred percent (100 %) of the estimate of the total cost to decommission and remove the wind energy facility as determined by an independent consultant, selected and paid for by the applicant; (6)(A) “Generation Interconnection Agreement” means a legally binding document that outlines the terms and conditions for connecting a generation facility to an electricity transmission or distribution network. (B) Where a regional transmission organization that provides generation interconnection service in Arkansas maintains a tariff for such services on file with the Federal Energy Regulatory Commission, “Generation Interconnection Agreement” shall mean an agreement that conforms with the terms and conditions of the regional transmission organization’s pro forma Generator Interconnection Agreement under said regional transmission organization tariff; (7) “Local government” means: (A) A county; (B) A city of the first class or city of the second class; (C) An incorporated town; or (D) Any other political subdivision of this state; (8) “Local legislation” means: (A) An ordinance enacted by a local legislative body; (B) A resolution passed by a local legislative body; (C) A motion made by a local legislative body; (D) An amendment adopted by a local legislative body; or (E) A rule or regulation promulgated by a local legislative body; (9) “Local legislative body” means the governing body of a local government; (10) “Nonparticipating landowner” means a landowner that is not under a lease or other property agreement with the owner or operator of a wind energy facility; (11)(A) “Operate” means an activity associated with the management, operation, and maintenance of a completed wind energy facility. (B) “Operate” includes without limitation installing or improving a wind energy facility; (12)“Operator” means a person that operates a wind energy facility; (13) “Owner” means a person that has a majority equity interest in a wind energy facility; (14) “Person” means a natural person, corporation, limited liability company, partnership, joint venture, or other private business entity; (15)(A) “Proprietary information” means commercial or financial information that: (i) Is used directly or indirectly in the business of an applicant submitting information to a local government under the Arkansas Wind Energy Development Act, Arkansas Code § 23-18-1401 et seq.; and (ii) Gives an applicant submitting information to a local government under the Arkansas Wind Energy Development Act an advantage or an opportunity to obtain an advantage over a competitor that does not know of, or otherwise use, the information. (B) “Proprietary information” includes trade secrets; (16)(A) “Redevelop” means the process of replanning, reconstructing, or redesigning a wind energy facility, including the acquisition, clearance, development, or disposal, or any combination of these activities, of a wind energy facility. (B) “Redevelop” does not include maintenance and repairs, including replacements and disposal of components of a wind energy facility, necessary for continued operations consistent with the original design; (17) “Regional transmission organization” means an organization in the United States that is an electric power transmission system operator responsible for coordinating, controlling, and monitoring a multi-state electric grid; (18)(A) “Transmission facility” means a power cable, distribution line, or other equipment that delivers electricity from a wind turbine located in Arkansas to the point of interconnection with a power distribution grid, long-distance power transmission grid, or other facility by and through which the electricity is distributed or transmitted to one (1) or more customers. (B) “Transmission facility” does not include distribution, transmission, or other facilities that are located beyond the point of interconnection with the power distribution grid or transmission grid; (19) “Under development” means: (A) Executed land leases; (B) Commenced necessary state and federal studies related to construction of a wind energy facility; or (C) Commenced construction of a wind energy facility; (20) “Useful life” means the amount of time during which a wind energy facility is generating electricity in commercial quantities; (21)(A) “Wind energy facility” means an electrical energy generation facility consisting of one (1) or more wind turbines under common ownership or operating control, that cumulatively, with any other wind energy facility: (i) Has a rated capacity of five megawatts (5 MW) or more of electrical energy; and (ii) Is more than two hundred feet (200') in height. (B) “Wind energy facility” includes turbines, towers, buildings, transmission facilities, meteorological towers, transformers, control systems, and other associated facilities used to support the operation of the wind energy facility. (C) “Wind energy facility” does not include equipment that when installed in connection with a dwelling transmits or uses wind energy to produce electrical energy in a useful form for residential purposes and is less than two hundred feet (200') in total height; (22) “Wind energy facility expansion” means an activity that: (A) Adds or substantially modifies a wind energy facility, including without limitation increasing the height or the number of the wind turbines, transmission facilities, or other equipment; or (B) Increases the environmental footprint of a wind energy facility; and (23)(A) “Wind turbine” means a wind energy conversion system that converts wind energy into electricity using a wind turbine generator. (B) “Wind turbine” includes a turbine, blade, tower, base, and pad transformer, if any.