The Arkansas Wind Energy Development Act, encapsulated in bill SB437, establishes a comprehensive regulatory framework for the development and operation of wind energy facilities in the state. It introduces a new subchapter to the Arkansas Code that includes definitions, legislative findings, and the intent to promote wind energy while ensuring public safety and environmental protection. Key provisions require permits from the Arkansas Public Service Commission and local governments for construction and operation, alongside a $2,500 filing fee and public notice requirements detailing the proposed facility's size, location, and construction timeline. The act emphasizes balancing developer and landowner interests while minimizing community and environmental impacts.

Additionally, SB437 mandates substantial public notice for permit applications, including written notifications to relevant operators and lessees, and establishes minimum setback requirements for wind turbines from nonparticipating properties and sensitive locations. It requires an environmental impact assessment by a qualified third-party expert, addressing potential adverse impacts and safety concerns. The bill also outlines management and decommissioning requirements, including emergency plans for local responders and financial security for decommissioning costs. Local governments are empowered to adopt related legislation, and the Arkansas Public Service Commission is tasked with implementing necessary rules, with projects under development as of April 9, 2025, exempt from these new regulations.