Senate committee approves Wind Energy Development Act after back-and-forth over Ozarks protections and grandfathering

The Senate Insurance & Commerce Committee approved Senate Bill 437, known in testimony as the Wind Energy Development Act, after sponsor Sen. Bart Hester added amendments intended to exempt projects already under construction and to exclude areas below 300 feet above sea level from the bill’s stricter restrictions.

Why it matters: The bill would have placed extensive setbacks, environmental review requirements and other restrictions on new wind projects. Opponents, including the Southern Renewable Energy Association, said the original draft — particularly setbacks around schools, churches, airports and other sensitive sites — would effectively ban most wind development in large parts of the state. Simon Mahan, executive director of the Southern Renewable Energy Association, told the committee the map of the bill’s proposed one-mile setbacks “effectively makes it impossible to develop wind projects in the state.”

Sponsor Sen. Bart Hester said amendments exempt projects already under construction and exempt locations below 300 feet above sea level, which he described as protecting the Ozarks while allowing projects in other parts of Arkansas to proceed. Hester said the exemptions were a negotiated cut that would protect current projects and the state’s tourism and natural areas.

Developers and business groups told the committee wind projects can bring private investment, lease income to landowners and new power supply for economic development prospects. Opponents warned about landscape impacts, road and drainage effects from construction on ridgelines, and the environmental impacts of large foundation pads and tree clearing.

Committee action: Following testimony and sponsor amendments, the committee passed SB 437. The vote was taken by voice and recorded as “aye.”

Next steps: The amended bill was reported favorably and will proceed in the legislative process.