Ark. Code Ann. § 15-4-1704 — AR Code / Title 15 / Chapter 4 / Subchapter 17 / Section 15-4-1704
Refund of sales and use tax - Tax credit
Status: in_force

(a) (1) The Revenue Division of the Department of Finance and Administration shall authorize a refund of sales and use taxes imposed by the state and a municipality or county if the municipality or county authorized the refund of its local tax on the purchases of the material used in the construction of a building or buildings or any addition, modernization, or improvement thereon for housing any legitimate business enterprise and machinery and equipment to be located in or in connection with such a building. (2) A refund shall not be authorized for routine operating expenditures. (3) (A) (i) A refund shall not be authorized for the purchase of replacements of items previously purchased as part of a project under this subchapter unless the items previously purchased will not enable the project to function as originally intended. (ii) In order to qualify for a refund under this subchapter, the replacement of an item previously purchased must be necessary for the implementation or completion of the project. (B) However, a program participant may make changes in a project by amendment to the project plan filed with the Arkansas Economic Development Commission. (4) (A) All claims for sales and use tax refunds under this subchapter shall be filed with the division within three (3) years from the date of the qualified purchase or purchases. (B) Claims filed after three (3) years from the date of the qualified purchase or purchases shall be disallowed. (5) (A) The time limitation in this section for filing claims shall be tolled if: (i) A program participant fails to pay sales or use tax on an item that was taxable; and (ii) The applicable tax is subsequently assessed as a result of an audit by the division. (B) All claims for sales and use tax refunds relating to an audited purchase shall be filed with the division within one (1) year after payment of the assessed tax or the date of a final administrative or judicial order, whichever is later. (6) A program participant that files a claim for a sales or use tax refund relating to an audited purchase shall be entitled to a refund of interest paid on the amount of tax assessed on the audited purchase if a refund is approved for the purchase. (b) A sales and use tax refund as provided for in subsection (a) of this section shall be authorized, provided that the business is classified as one (1) of the following types of businesses: (1) Manufacturers classified in Standard Industrial Classification codes 20-39, including semiconductor and microelectronic manufacturers, that create one (1) or more net new full-time permanent jobs; (2) (A) Computer businesses primarily engaged in: (i) Providing computer programming services; (ii) The design and development of prepackaged software; (iii) Businesses engaged in digital content production and digital preservation; (iv) Computer processing and data preparation services; (v) Information retrieval services; and (vi) Computer and data processing consultants and developers. (B) All businesses in this group must: (i) Create five (5) or more net new full-time permanent jobs after July 1, 2001; (ii) Derive at least seventy-five percent (75%) of their revenue from out-of-state sales; and (iii) Have no retail sales to the general public; (3) Businesses primarily engaged in commercial physical and biological research as classified by Standard Industrial Classification code 8731 that create one (1) or more net new full-time permanent jobs; (4) (A) Businesses primarily engaged in motion picture production that will create twenty-five (25) or more net new full-time permanent jobs. (B) All businesses in this group must derive at least sixty percent (60%) of their revenue from out-of-state sales and have no retail sales to the general public; (5) A distribution center with no retail sales to the general public, unless seventy-five percent (75%) of the sales revenues are from out-of-state customers, that creates twenty-five (25) or more net new full-time permanent jobs; (6) An office sector business with no retail sales to the general public that creates twenty-five (25) or more net new full-time permanent jobs; (7) A corporate or regional headquarters with no retail sales to the general public that creates twenty-five (25) or more net new full-time permanent jobs; (8) A trucking/distribution terminal as classified by Standard Industrial Classification code 4231 with no retail sales to the general public that creates twenty-five (25) or more net new full-time permanent jobs; and (9) A coal mining operation that employs twenty-five (25) or more net full-time permanent persons. (c) The business shall file an endorsement resolution with the commission and the Department of Finance and Administration. The endorsement resolution must be approved by the governing body of a municipality or county in whose jurisdiction the facility is located and must: (1) Approve the specific entity's participation in the program; and (2) Specifically state whether the municipality or county authorizes the department to refund local sales and use taxes to the entity under the program. A municipality or county can authorize the refund of all or part of a tax levied by it but cannot authorize the refund of any tax not levied by it. (d) In the event it is found that any business receiving the benefits contained in subsection (a) of this section has failed to comply with the conditions contained in subsections (b) and (c) of this section, that business will be liable for the payment of all sales and use taxes which were refunded under subsection (a) of this section. (e) If the business does not continuously and throughout the project term meet the requirements of subdivisions (b)(1)-(9) of this section, then that business shall automatically be disqualified from receiving any benefits under this section and shall be required to repay any tax benefits already received under this subchapter, plus penalty and interest, as allowed by law. (f) (1) In the event that a business fails to notify the department that the number of employees has fallen below the required number to continue to receive benefits under this subchapter, that business will be liable for the repayment of all benefits which were paid to the business after it no longer qualified for the benefits. (2) Interest shall also be due at the rate of ten percent (10%) per annum. (g) (1) The requisite number of net new full-time permanent employees must be employed by the business within twenty-four (24) months following the date the financial incentive plan was signed. (2) In the event that the requisite number of net new full-time permanent employees cannot be employed within the twenty-four-month period, the business can file a written application with the commission explaining why additional time is necessary. The business can be afforded up to twenty-four (24) more months to hire the requisite number of employees if the Director of the Arkansas Economic Development Commission and the Chief Fiscal Officer of the State determine that the need for additional time is due to: (A) Unanticipated and unavoidable delay in the construction of a facility that must be completed before the employees can be hired; (B) The project as originally planned will require more than twenty-four (24) months to complete; or (C) A change in the business ownership or business structure due to a merger or acquisition. (h) (1) The division shall authorize an income tax credit equal to one hundred (100) times the average hourly wage paid, with a maximum of three thousand dollars ($3,000) per net new full-time permanent employee hired within sixty (60) months following the date of the approved financial incentive plan of a business qualifying under subsection (b) of this section. (2) (A) This tax credit may be used for the taxable year in which the net new full-time permanent employee was hired. (B) However, with respect to projects approved prior to March 25, 1997, if the entire credit cannot be used in the year earned, the remainder may be applied against the income tax for the succeeding four (4) years or until the credit is entirely used, whichever occurs first. For projects approved on or after March 25, 1997, the credit may be applied against income tax for the succeeding nine (9) years or until the credit is entirely used, whichever occurs first. (3) The multiplier allowed under this section shall be four hundred (400) multiplied by the average hourly wage paid with a maximum credit of six thousand dollars ($6,000) if the business is located in a high-unemployment county. (i) (1) An income tax credit as provided for in subsection (h) of this section shall be authorized, provided that: (A) The request for such a credit is accompanied by an endorsement resolution approved by the governing body of the appropriate municipality or county in whose jurisdiction the establishment is to be located; and (B) All of the net new full-time permanent employees are employed at the facility. (2) (A) In the event it is found that any business receiving the benefits contained in subsection (h) of this section has failed to comply with the conditions contained in this section, that business shall be disqualified from receiving any further benefits under the program and shall be liable for the payment of such additional income taxes as may be due after the income tax credits provided for in subsection (h) of this section are disallowed. (B) Interest shall also be due at the rate of ten percent (10%) per annum. (j) To be counted as a net new full-time permanent employee for the purpose of qualifying for the tax credits and incentives provided in this section, the employee in the position or job must have been an Arkansas taxpayer during the year in which the tax credits or incentives were earned. Amended by Act 2019, No. 910,§ 375, eff. 7/1/2019. Amended by Act 2017, No. 374,§ 8, eff. 8/1/2017. Acts 1993, No. 947, § 4; 1995, No. 394, §§ 4, 5; 1997, No. 807, §§ 2-9, 13; 1999, No. 1130, § 4; 2001, No. 807, §§ 2-4; 2001, No. 1065, § 1; 2001 No. 1401, § 2; 2005, No. 443, § 1.

(a) (1) The Revenue Division of the Department of Finance and Administration shall authorize a refund of sales and use taxes imposed by the state and a municipality or county if the municipality or county authorized the refund of its local tax on the purchases of the material used in the construction of a building or buildings or any addition, modernization, or improvement thereon for housing any legitimate business enterprise and machinery and equipment to be located in or in connection with such a building. (2) A refund shall not be authorized for routine operating expenditures. (3) (A) (i) A refund shall not be authorized for the purchase of replacements of items previously purchased as part of a project under this subchapter unless the items previously purchased will not enable the project to function as originally intended. (ii) In order to qualify for a refund under this subchapter, the replacement of an item previously purchased must be necessary for the implementation or completion of the project. (B) However, a program participant may make changes in a project by amendment to the project plan filed with the Arkansas Economic Development Commission. (4) (A) All claims for sales and use tax refunds under this subchapter shall be filed with the division within three (3) years from the date of the qualified purchase or purchases. (B) Claims filed after three (3) years from the date of the qualified purchase or purchases shall be disallowed. (5) (A) The time limitation in this section for filing claims shall be tolled if: (i) A program participant fails to pay sales or use tax on an item that was taxable; and (ii) The applicable tax is subsequently assessed as a result of an audit by the division. (B) All claims for sales and use tax refunds relating to an audited purchase shall be filed with the division within one (1) year after payment of the assessed tax or the date of a final administrative or judicial order, whichever is later. (6) A program participant that files a claim for a sales or use tax refund relating to an audited purchase shall be entitled to a refund of interest paid on the amount of tax assessed on the audited purchase if a refund is approved for the purchase.

(1) The Revenue Division of the Department of Finance and Administration shall authorize a refund of sales and use taxes imposed by the state and a municipality or county if the municipality or county authorized the refund of its local tax on the purchases of the material used in the construction of a building or buildings or any addition, modernization, or improvement thereon for housing any legitimate business enterprise and machinery and equipment to be located in or in connection with such a building.

(2) A refund shall not be authorized for routine operating expenditures.

(3) (A) (i) A refund shall not be authorized for the purchase of replacements of items previously purchased as part of a project under this subchapter unless the items previously purchased will not enable the project to function as originally intended. (ii) In order to qualify for a refund under this subchapter, the replacement of an item previously purchased must be necessary for the implementation or completion of the project. (B) However, a program participant may make changes in a project by amendment to the project plan filed with the Arkansas Economic Development Commission.

(A) (i) A refund shall not be authorized for the purchase of replacements of items previously purchased as part of a project under this subchapter unless the items previously purchased will not enable the project to function as originally intended. (ii) In order to qualify for a refund under this subchapter, the replacement of an item previously purchased must be necessary for the implementation or completion of the project.

(i) A refund shall not be authorized for the purchase of replacements of items previously purchased as part of a project under this subchapter unless the items previously purchased will not enable the project to function as originally intended.

(ii) In order to qualify for a refund under this subchapter, the replacement of an item previously purchased must be necessary for the implementation or completion of the project.

(B) However, a program participant may make changes in a project by amendment to the project plan filed with the Arkansas Economic Development Commission.

(4) (A) All claims for sales and use tax refunds under this subchapter shall be filed with the division within three (3) years from the date of the qualified purchase or purchases. (B) Claims filed after three (3) years from the date of the qualified purchase or purchases shall be disallowed.

(A) All claims for sales and use tax refunds under this subchapter shall be filed with the division within three (3) years from the date of the qualified purchase or purchases.

(B) Claims filed after three (3) years from the date of the qualified purchase or purchases shall be disallowed.

(5) (A) The time limitation in this section for filing claims shall be tolled if: (i) A program participant fails to pay sales or use tax on an item that was taxable; and (ii) The applicable tax is subsequently assessed as a result of an audit by the division. (B) All claims for sales and use tax refunds relating to an audited purchase shall be filed with the division within one (1) year after payment of the assessed tax or the date of a final administrative or judicial order, whichever is later.

(A) The time limitation in this section for filing claims shall be tolled if: (i) A program participant fails to pay sales or use tax on an item that was taxable; and (ii) The applicable tax is subsequently assessed as a result of an audit by the division.

(i) A program participant fails to pay sales or use tax on an item that was taxable; and

(ii) The applicable tax is subsequently assessed as a result of an audit by the division.

(B) All claims for sales and use tax refunds relating to an audited purchase shall be filed with the division within one (1) year after payment of the assessed tax or the date of a final administrative or judicial order, whichever is later.

(6) A program participant that files a claim for a sales or use tax refund relating to an audited purchase shall be entitled to a refund of interest paid on the amount of tax assessed on the audited purchase if a refund is approved for the purchase.

(b) A sales and use tax refund as provided for in subsection (a) of this section shall be authorized, provided that the business is classified as one (1) of the following types of businesses: (1) Manufacturers classified in Standard Industrial Classification codes 20-39, including semiconductor and microelectronic manufacturers, that create one (1) or more net new full-time permanent jobs; (2) (A) Computer businesses primarily engaged in: (i) Providing computer programming services; (ii) The design and development of prepackaged software; (iii) Businesses engaged in digital content production and digital preservation; (iv) Computer processing and data preparation services; (v) Information retrieval services; and (vi) Computer and data processing consultants and developers. (B) All businesses in this group must: (i) Create five (5) or more net new full-time permanent jobs after July 1, 2001; (ii) Derive at least seventy-five percent (75%) of their revenue from out-of-state sales; and (iii) Have no retail sales to the general public; (3) Businesses primarily engaged in commercial physical and biological research as classified by Standard Industrial Classification code 8731 that create one (1) or more net new full-time permanent jobs; (4) (A) Businesses primarily engaged in motion picture production that will create twenty-five (25) or more net new full-time permanent jobs. (B) All businesses in this group must derive at least sixty percent (60%) of their revenue from out-of-state sales and have no retail sales to the general public; (5) A distribution center with no retail sales to the general public, unless seventy-five percent (75%) of the sales revenues are from out-of-state customers, that creates twenty-five (25) or more net new full-time permanent jobs; (6) An office sector business with no retail sales to the general public that creates twenty-five (25) or more net new full-time permanent jobs; (7) A corporate or regional headquarters with no retail sales to the general public that creates twenty-five (25) or more net new full-time permanent jobs; (8) A trucking/distribution terminal as classified by Standard Industrial Classification code 4231 with no retail sales to the general public that creates twenty-five (25) or more net new full-time permanent jobs; and (9) A coal mining operation that employs twenty-five (25) or more net full-time permanent persons.

(1) Manufacturers classified in Standard Industrial Classification codes 20-39, including semiconductor and microelectronic manufacturers, that create one (1) or more net new full-time permanent jobs;

(2) (A) Computer businesses primarily engaged in: (i) Providing computer programming services; (ii) The design and development of prepackaged software; (iii) Businesses engaged in digital content production and digital preservation; (iv) Computer processing and data preparation services; (v) Information retrieval services; and (vi) Computer and data processing consultants and developers. (B) All businesses in this group must: (i) Create five (5) or more net new full-time permanent jobs after July 1, 2001; (ii) Derive at least seventy-five percent (75%) of their revenue from out-of-state sales; and (iii) Have no retail sales to the general public;

(A) Computer businesses primarily engaged in: (i) Providing computer programming services; (ii) The design and development of prepackaged software; (iii) Businesses engaged in digital content production and digital preservation; (iv) Computer processing and data preparation services; (v) Information retrieval services; and (vi) Computer and data processing consultants and developers.

(i) Providing computer programming services;

(ii) The design and development of prepackaged software;

(iii) Businesses engaged in digital content production and digital preservation;

(iv) Computer processing and data preparation services;

(v) Information retrieval services; and

(vi) Computer and data processing consultants and developers.

(B) All businesses in this group must: (i) Create five (5) or more net new full-time permanent jobs after July 1, 2001; (ii) Derive at least seventy-five percent (75%) of their revenue from out-of-state sales; and (iii) Have no retail sales to the general public;

(i) Create five (5) or more net new full-time permanent jobs after July 1, 2001;

(ii) Derive at least seventy-five percent (75%) of their revenue from out-of-state sales; and

(iii) Have no retail sales to the general public;

(3) Businesses primarily engaged in commercial physical and biological research as classified by Standard Industrial Classification code 8731 that create one (1) or more net new full-time permanent jobs;

(4) (A) Businesses primarily engaged in motion picture production that will create twenty-five (25) or more net new full-time permanent jobs. (B) All businesses in this group must derive at least sixty percent (60%) of their revenue from out-of-state sales and have no retail sales to the general public;

(A) Businesses primarily engaged in motion picture production that will create twenty-five (25) or more net new full-time permanent jobs.

(B) All businesses in this group must derive at least sixty percent (60%) of their revenue from out-of-state sales and have no retail sales to the general public;

(5) A distribution center with no retail sales to the general public, unless seventy-five percent (75%) of the sales revenues are from out-of-state customers, that creates twenty-five (25) or more net new full-time permanent jobs;

(6) An office sector business with no retail sales to the general public that creates twenty-five (25) or more net new full-time permanent jobs;

(7) A corporate or regional headquarters with no retail sales to the general public that creates twenty-five (25) or more net new full-time permanent jobs;

(8) A trucking/distribution terminal as classified by Standard Industrial Classification code 4231 with no retail sales to the general public that creates twenty-five (25) or more net new full-time permanent jobs; and

(9) A coal mining operation that employs twenty-five (25) or more net full-time permanent persons.

(c) The business shall file an endorsement resolution with the commission and the Department of Finance and Administration. The endorsement resolution must be approved by the governing body of a municipality or county in whose jurisdiction the facility is located and must: (1) Approve the specific entity's participation in the program; and (2) Specifically state whether the municipality or county authorizes the department to refund local sales and use taxes to the entity under the program. A municipality or county can authorize the refund of all or part of a tax levied by it but cannot authorize the refund of any tax not levied by it.

(1) Approve the specific entity's participation in the program; and

(2) Specifically state whether the municipality or county authorizes the department to refund local sales and use taxes to the entity under the program. A municipality or county can authorize the refund of all or part of a tax levied by it but cannot authorize the refund of any tax not levied by it.

(d) In the event it is found that any business receiving the benefits contained in subsection (a) of this section has failed to comply with the conditions contained in subsections (b) and (c) of this section, that business will be liable for the payment of all sales and use taxes which were refunded under subsection (a) of this section.

(e) If the business does not continuously and throughout the project term meet the requirements of subdivisions (b)(1)-(9) of this section, then that business shall automatically be disqualified from receiving any benefits under this section and shall be required to repay any tax benefits already received under this subchapter, plus penalty and interest, as allowed by law.

(f) (1) In the event that a business fails to notify the department that the number of employees has fallen below the required number to continue to receive benefits under this subchapter, that business will be liable for the repayment of all benefits which were paid to the business after it no longer qualified for the benefits. (2) Interest shall also be due at the rate of ten percent (10%) per annum.

(1) In the event that a business fails to notify the department that the number of employees has fallen below the required number to continue to receive benefits under this subchapter, that business will be liable for the repayment of all benefits which were paid to the business after it no longer qualified for the benefits.

(2) Interest shall also be due at the rate of ten percent (10%) per annum.

(g) (1) The requisite number of net new full-time permanent employees must be employed by the business within twenty-four (24) months following the date the financial incentive plan was signed. (2) In the event that the requisite number of net new full-time permanent employees cannot be employed within the twenty-four-month period, the business can file a written application with the commission explaining why additional time is necessary. The business can be afforded up to twenty-four (24) more months to hire the requisite number of employees if the Director of the Arkansas Economic Development Commission and the Chief Fiscal Officer of the State determine that the need for additional time is due to: (A) Unanticipated and unavoidable delay in the construction of a facility that must be completed before the employees can be hired; (B) The project as originally planned will require more than twenty-four (24) months to complete; or (C) A change in the business ownership or business structure due to a merger or acquisition.

(1) The requisite number of net new full-time permanent employees must be employed by the business within twenty-four (24) months following the date the financial incentive plan was signed.

(2) In the event that the requisite number of net new full-time permanent employees cannot be employed within the twenty-four-month period, the business can file a written application with the commission explaining why additional time is necessary. The business can be afforded up to twenty-four (24) more months to hire the requisite number of employees if the Director of the Arkansas Economic Development Commission and the Chief Fiscal Officer of the State determine that the need for additional time is due to: (A) Unanticipated and unavoidable delay in the construction of a facility that must be completed before the employees can be hired; (B) The project as originally planned will require more than twenty-four (24) months to complete; or (C) A change in the business ownership or business structure due to a merger or acquisition.

(A) Unanticipated and unavoidable delay in the construction of a facility that must be completed before the employees can be hired;

(B) The project as originally planned will require more than twenty-four (24) months to complete; or

(C) A change in the business ownership or business structure due to a merger or acquisition.

(h) (1) The division shall authorize an income tax credit equal to one hundred (100) times the average hourly wage paid, with a maximum of three thousand dollars ($3,000) per net new full-time permanent employee hired within sixty (60) months following the date of the approved financial incentive plan of a business qualifying under subsection (b) of this section. (2) (A) This tax credit may be used for the taxable year in which the net new full-time permanent employee was hired. (B) However, with respect to projects approved prior to March 25, 1997, if the entire credit cannot be used in the year earned, the remainder may be applied against the income tax for the succeeding four (4) years or until the credit is entirely used, whichever occurs first. For projects approved on or after March 25, 1997, the credit may be applied against income tax for the succeeding nine (9) years or until the credit is entirely used, whichever occurs first. (3) The multiplier allowed under this section shall be four hundred (400) multiplied by the average hourly wage paid with a maximum credit of six thousand dollars ($6,000) if the business is located in a high-unemployment county.

(1) The division shall authorize an income tax credit equal to one hundred (100) times the average hourly wage paid, with a maximum of three thousand dollars ($3,000) per net new full-time permanent employee hired within sixty (60) months following the date of the approved financial incentive plan of a business qualifying under subsection (b) of this section.

(2) (A) This tax credit may be used for the taxable year in which the net new full-time permanent employee was hired. (B) However, with respect to projects approved prior to March 25, 1997, if the entire credit cannot be used in the year earned, the remainder may be applied against the income tax for the succeeding four (4) years or until the credit is entirely used, whichever occurs first. For projects approved on or after March 25, 1997, the credit may be applied against income tax for the succeeding nine (9) years or until the credit is entirely used, whichever occurs first.

(A) This tax credit may be used for the taxable year in which the net new full-time permanent employee was hired.

(B) However, with respect to projects approved prior to March 25, 1997, if the entire credit cannot be used in the year earned, the remainder may be applied against the income tax for the succeeding four (4) years or until the credit is entirely used, whichever occurs first. For projects approved on or after March 25, 1997, the credit may be applied against income tax for the succeeding nine (9) years or until the credit is entirely used, whichever occurs first.

(3) The multiplier allowed under this section shall be four hundred (400) multiplied by the average hourly wage paid with a maximum credit of six thousand dollars ($6,000) if the business is located in a high-unemployment county.

(i) (1) An income tax credit as provided for in subsection (h) of this section shall be authorized, provided that: (A) The request for such a credit is accompanied by an endorsement resolution approved by the governing body of the appropriate municipality or county in whose jurisdiction the establishment is to be located; and (B) All of the net new full-time permanent employees are employed at the facility. (2) (A) In the event it is found that any business receiving the benefits contained in subsection (h) of this section has failed to comply with the conditions contained in this section, that business shall be disqualified from receiving any further benefits under the program and shall be liable for the payment of such additional income taxes as may be due after the income tax credits provided for in subsection (h) of this section are disallowed. (B) Interest shall also be due at the rate of ten percent (10%) per annum.

(1) An income tax credit as provided for in subsection (h) of this section shall be authorized, provided that: (A) The request for such a credit is accompanied by an endorsement resolution approved by the governing body of the appropriate municipality or county in whose jurisdiction the establishment is to be located; and (B) All of the net new full-time permanent employees are employed at the facility.

(A) The request for such a credit is accompanied by an endorsement resolution approved by the governing body of the appropriate municipality or county in whose jurisdiction the establishment is to be located; and

(B) All of the net new full-time permanent employees are employed at the facility.

(2) (A) In the event it is found that any business receiving the benefits contained in subsection (h) of this section has failed to comply with the conditions contained in this section, that business shall be disqualified from receiving any further benefits under the program and shall be liable for the payment of such additional income taxes as may be due after the income tax credits provided for in subsection (h) of this section are disallowed. (B) Interest shall also be due at the rate of ten percent (10%) per annum.

(A) In the event it is found that any business receiving the benefits contained in subsection (h) of this section has failed to comply with the conditions contained in this section, that business shall be disqualified from receiving any further benefits under the program and shall be liable for the payment of such additional income taxes as may be due after the income tax credits provided for in subsection (h) of this section are disallowed.

(B) Interest shall also be due at the rate of ten percent (10%) per annum.

(j) To be counted as a net new full-time permanent employee for the purpose of qualifying for the tax credits and incentives provided in this section, the employee in the position or job must have been an Arkansas taxpayer during the year in which the tax credits or incentives were earned.

Amended by Act 2019, No. 910,§ 375, eff. 7/1/2019.

Amended by Act 2017, No. 374,§ 8, eff. 8/1/2017.

Acts 1993, No. 947, § 4; 1995, No. 394, §§ 4, 5; 1997, No. 807, §§ 2-9, 13; 1999, No. 1130, § 4; 2001, No. 807, §§ 2-4; 2001, No. 1065, § 1; 2001 No. 1401, § 2; 2005, No. 443, § 1.
Ark. Code Ann. § 15-4-208 — AR Code / Title 15 / Chapter 4 / Subchapter 2 / Section 15-4-208
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1185,§ 1, eff. 8/16/2013. Acts 1939, No. 68, § 5; A.S.A. 1947, § 9-503; Acts 1997, No. 540, § 66.

Repealed by Act 2013, No. 1185,§ 1, eff. 8/16/2013.

Acts 1939, No. 68, § 5; A.S.A. 1947, § 9-503; Acts 1997, No. 540, § 66.
Ark. Code Ann. § 15-11-403 — AR Code / Title 15 / Chapter 11 / Subchapter 4 / Section 15-11-403
Designation
Status: in_force

(a) The State Parks, Recreation, and Travel Commission or the Department of Parks, Heritage, and Tourism, upon receipt of a copy of incorporation papers, constitution, bylaws, and resolutions, if any, of a nonprofit corporation applying for recognition as a regional tourist promotion agency under the provisions of this subchapter, is authorized to designate the applying corporation as a regional tourist promotion agency under the provisions of this subchapter, provided that the commission shall determine: (1) That the applying agency is established under the Arkansas Nonprofit Corporation Act, §§ 4-28-201 - 4-28-206 and 4-28-209 - 4-28-224 , and has a constitution and bylaws governing the activities and purposes of the corporation which are in compliance with the rules of the commission established in furtherance of the purposes of this subchapter; (2) That the charter, constitution, or bylaws of the applying agency provide for the selection of a board of directors and successor members on the boards, of persons who have demonstrated knowledge of and interest in the tourist travel and vacation business in the various counties composing the region to be served by the agency; and (3) That the applying agency has furnished a proposed plan and demonstration of financial resources to establish and promote an active tourist travel and vacation business promotion program within the region as provided in this subchapter. (b) Upon determining that an applying corporation is eligible for designation as a regional tourist promotion agency under the provisions of this subchapter, the commission, upon a majority vote of the full membership of the commission, shall designate the agency as the participating regional tourist promotion agency under the provisions of this subchapter for the region and shall certify that fact to the applying agency. (c) The commission is authorized to revoke its designation of any regional tourist promotion agency or to suspend the regional tourist promotion agency from participation in the provisions of this subchapter whenever the commission shall determine that the regional tourist promotion agency is not complying with this subchapter or with the rules and regulations of the commission or has failed to comply with the terms of any grant made to the regional tourist promotion agency pursuant to the provisions of this subchapter. Amended by Act 2019, No. 315,§ 1103, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5639, eff. 7/1/2019. Acts 1969, No. 310, § 3; A.S.A. 1947, § 9-223.

(a) The State Parks, Recreation, and Travel Commission or the Department of Parks, Heritage, and Tourism, upon receipt of a copy of incorporation papers, constitution, bylaws, and resolutions, if any, of a nonprofit corporation applying for recognition as a regional tourist promotion agency under the provisions of this subchapter, is authorized to designate the applying corporation as a regional tourist promotion agency under the provisions of this subchapter, provided that the commission shall determine: (1) That the applying agency is established under the Arkansas Nonprofit Corporation Act, §§ 4-28-201 - 4-28-206 and 4-28-209 - 4-28-224 , and has a constitution and bylaws governing the activities and purposes of the corporation which are in compliance with the rules of the commission established in furtherance of the purposes of this subchapter; (2) That the charter, constitution, or bylaws of the applying agency provide for the selection of a board of directors and successor members on the boards, of persons who have demonstrated knowledge of and interest in the tourist travel and vacation business in the various counties composing the region to be served by the agency; and (3) That the applying agency has furnished a proposed plan and demonstration of financial resources to establish and promote an active tourist travel and vacation business promotion program within the region as provided in this subchapter.

(1) That the applying agency is established under the Arkansas Nonprofit Corporation Act, §§ 4-28-201 - 4-28-206 and 4-28-209 - 4-28-224 , and has a constitution and bylaws governing the activities and purposes of the corporation which are in compliance with the rules of the commission established in furtherance of the purposes of this subchapter;

(2) That the charter, constitution, or bylaws of the applying agency provide for the selection of a board of directors and successor members on the boards, of persons who have demonstrated knowledge of and interest in the tourist travel and vacation business in the various counties composing the region to be served by the agency; and

(3) That the applying agency has furnished a proposed plan and demonstration of financial resources to establish and promote an active tourist travel and vacation business promotion program within the region as provided in this subchapter.

(b) Upon determining that an applying corporation is eligible for designation as a regional tourist promotion agency under the provisions of this subchapter, the commission, upon a majority vote of the full membership of the commission, shall designate the agency as the participating regional tourist promotion agency under the provisions of this subchapter for the region and shall certify that fact to the applying agency.

(c) The commission is authorized to revoke its designation of any regional tourist promotion agency or to suspend the regional tourist promotion agency from participation in the provisions of this subchapter whenever the commission shall determine that the regional tourist promotion agency is not complying with this subchapter or with the rules and regulations of the commission or has failed to comply with the terms of any grant made to the regional tourist promotion agency pursuant to the provisions of this subchapter.

Amended by Act 2019, No. 315,§ 1103, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5639, eff. 7/1/2019.

Acts 1969, No. 310, § 3; A.S.A. 1947, § 9-223.
Ark. Code Ann. § 15-71-108 — AR Code / Title 15 / Chapter 71 / Section 15-71-108
Purchaser to deduct and remit assessment to commission - Remission by producer
Status: in_force

(a) A person purchasing oil in this state at the well or a person selling gas at the first point of sale under a contract or agreement requiring payments for production to the respective owners thereof, in respect of which production any sums assessed under the provisions of § 15-71-107 are payable to the Oil and Gas Commission, is authorized, empowered, and required to deduct from any sum so payable to a person the amount due the commission by virtue of the assessment and remit that sum to the commission. (b) A person taking oil or gas from a well in this state for use or resale, in respect of which production any sums assessed under the provisions of § 15-71-107 are payable to the commission, shall remit any sum so due to the commission in accordance with the commission's rules. Acts 1939, No. 105, § 7; A.S.A. 1947, § 53-107; Acts 2009, No. 1175, § 6.

(a) A person purchasing oil in this state at the well or a person selling gas at the first point of sale under a contract or agreement requiring payments for production to the respective owners thereof, in respect of which production any sums assessed under the provisions of § 15-71-107 are payable to the Oil and Gas Commission, is authorized, empowered, and required to deduct from any sum so payable to a person the amount due the commission by virtue of the assessment and remit that sum to the commission.

(b) A person taking oil or gas from a well in this state for use or resale, in respect of which production any sums assessed under the provisions of § 15-71-107 are payable to the commission, shall remit any sum so due to the commission in accordance with the commission's rules.

Acts 1939, No. 105, § 7; A.S.A. 1947, § 53-107; Acts 2009, No. 1175, § 6.
Ark. Code Ann. § 15-4-3404 — AR Code / Title 15 / Chapter 4 / Subchapter 34 / Section 15-4-3404
Regional economic development partnerships - Board of directors
Status: in_force

(a) A regional economic development partnership shall satisfy the following requirements: (1) The economic development region includes the active participation of at least two (2) contiguous counties; (2) The economic development region is of adequate size in population to: (A) Effectively undertake economic development activities while remaining a distinct and viable region for attracting new investment; and (B) Generate adequate regional resources to provide matching funds; and (3) The economic development region is economically integrated as determined by: (A) Commuting patterns; (B) Economic base; (C) Major employers; (D) Membership in a defined metropolitan or micropolitan statistical area; or (E) Other indicators determined by the Arkansas Economic Development Commission. (b) (1) After a regional economic development partnership has been formed, a county may elect to join the regional economic development partnership by adopting an ordinance to that effect. (2) However, a county that adopts an ordinance under subdivision (b)(1) of this section shall become a member of the regional economic development partnership only upon a majority vote of the members of the board of directors of the regional economic development partnership that are residents of Arkansas. (c) (1) A regional economic development partnership formed on or after January 1, 2013, shall be governed by a board of directors that shall operate, manage, and control the regional economic development partnership in all respects. (2) If a regional economic development partnership is formed on or after January 1, 2013: (A) The board of directors shall contain at least one (1) representative from each county that is a member of the regional economic development partnership; (B) The governing body of each county that is a member of the regional economic development partnership shall appoint members of the board of directors; and (C) A person appointed to the board of directors may be a representative of either a public entity or a private entity. (3) Each member of the board of directors shall serve for a term as provided under the bylaws of the regional economic development partnership. (4) The commission may allow an existing entity that applies to be a regional economic development partnership to maintain the entity's existing rules regarding the membership, terms, and duties of the board of directors. (5) If a regional economic development partnership includes a territory located in another state, regional funding provided under this subchapter shall only be provided to a county in Arkansas. Amended by Act 2013, No. 1112,§ 4, eff. 8/16/2013. Acts 2011, No. 895, § 1.

(a) A regional economic development partnership shall satisfy the following requirements: (1) The economic development region includes the active participation of at least two (2) contiguous counties; (2) The economic development region is of adequate size in population to: (A) Effectively undertake economic development activities while remaining a distinct and viable region for attracting new investment; and (B) Generate adequate regional resources to provide matching funds; and (3) The economic development region is economically integrated as determined by: (A) Commuting patterns; (B) Economic base; (C) Major employers; (D) Membership in a defined metropolitan or micropolitan statistical area; or (E) Other indicators determined by the Arkansas Economic Development Commission.

(1) The economic development region includes the active participation of at least two (2) contiguous counties;

(2) The economic development region is of adequate size in population to: (A) Effectively undertake economic development activities while remaining a distinct and viable region for attracting new investment; and (B) Generate adequate regional resources to provide matching funds; and

(A) Effectively undertake economic development activities while remaining a distinct and viable region for attracting new investment; and

(B) Generate adequate regional resources to provide matching funds; and

(3) The economic development region is economically integrated as determined by: (A) Commuting patterns; (B) Economic base; (C) Major employers; (D) Membership in a defined metropolitan or micropolitan statistical area; or (E) Other indicators determined by the Arkansas Economic Development Commission.

(A) Commuting patterns;

(B) Economic base;

(C) Major employers;

(D) Membership in a defined metropolitan or micropolitan statistical area; or

(E) Other indicators determined by the Arkansas Economic Development Commission.

(b) (1) After a regional economic development partnership has been formed, a county may elect to join the regional economic development partnership by adopting an ordinance to that effect. (2) However, a county that adopts an ordinance under subdivision (b)(1) of this section shall become a member of the regional economic development partnership only upon a majority vote of the members of the board of directors of the regional economic development partnership that are residents of Arkansas.

(1) After a regional economic development partnership has been formed, a county may elect to join the regional economic development partnership by adopting an ordinance to that effect.

(2) However, a county that adopts an ordinance under subdivision (b)(1) of this section shall become a member of the regional economic development partnership only upon a majority vote of the members of the board of directors of the regional economic development partnership that are residents of Arkansas.

(c) (1) A regional economic development partnership formed on or after January 1, 2013, shall be governed by a board of directors that shall operate, manage, and control the regional economic development partnership in all respects. (2) If a regional economic development partnership is formed on or after January 1, 2013: (A) The board of directors shall contain at least one (1) representative from each county that is a member of the regional economic development partnership; (B) The governing body of each county that is a member of the regional economic development partnership shall appoint members of the board of directors; and (C) A person appointed to the board of directors may be a representative of either a public entity or a private entity. (3) Each member of the board of directors shall serve for a term as provided under the bylaws of the regional economic development partnership. (4) The commission may allow an existing entity that applies to be a regional economic development partnership to maintain the entity's existing rules regarding the membership, terms, and duties of the board of directors. (5) If a regional economic development partnership includes a territory located in another state, regional funding provided under this subchapter shall only be provided to a county in Arkansas.

(1) A regional economic development partnership formed on or after January 1, 2013, shall be governed by a board of directors that shall operate, manage, and control the regional economic development partnership in all respects.

(2) If a regional economic development partnership is formed on or after January 1, 2013: (A) The board of directors shall contain at least one (1) representative from each county that is a member of the regional economic development partnership; (B) The governing body of each county that is a member of the regional economic development partnership shall appoint members of the board of directors; and (C) A person appointed to the board of directors may be a representative of either a public entity or a private entity.

(A) The board of directors shall contain at least one (1) representative from each county that is a member of the regional economic development partnership;

(B) The governing body of each county that is a member of the regional economic development partnership shall appoint members of the board of directors; and

(C) A person appointed to the board of directors may be a representative of either a public entity or a private entity.

(3) Each member of the board of directors shall serve for a term as provided under the bylaws of the regional economic development partnership.

(4) The commission may allow an existing entity that applies to be a regional economic development partnership to maintain the entity's existing rules regarding the membership, terms, and duties of the board of directors.

(5) If a regional economic development partnership includes a territory located in another state, regional funding provided under this subchapter shall only be provided to a county in Arkansas.

Amended by Act 2013, No. 1112,§ 4, eff. 8/16/2013.

Acts 2011, No. 895, § 1.
Ark. Code Ann. § 15-4-1202 — AR Code / Title 15 / Chapter 4 / Subchapter 12 / Section 15-4-1202
Definitions
Status: in_force

As used in this subchapter: (1) "Bank Commissioner" means the Bank Commissioner of the State of Arkansas; (2) "Board" means the State Banking Board; (3) "Company" means a county or regional industrial development corporation or limited liability company authorized to be organized under the provisions of this subchapter; (4) "Financial institution" means any banking corporation or institution, trust company, savings bank, savings and loan association, insurance company, or related corporation, partnership, foundation, or other institution engaged in lending or investing funds; (5) "Impaired" means, for the purposes of § 15-4-1228 , that the capital of the company has been reduced to fifty thousand dollars ($50,000) or less; (6) "Loan limit" means, for any member, the maximum amount permitted to be outstanding at any one (1) time on loans made by the member to the company, as determined under § 15-4-1218 ; (7) "Member" means any financial institution authorized to do business in the State of Arkansas which may undertake to lend money to a company upon its call and in accordance with the provisions of § 15-4-1218 ; (8) "Person" includes all natural persons and legal entities; (9) "Region" means any compact area composed of no fewer than three (3) nor more than fifteen (15) contiguous counties within the State of Arkansas; (10) "Securities Commissioner" means the Securities Commissioner of the State of Arkansas; and (11) "Unit of interest" means a participation in the profits interests of a limited liability company so that the total of all the units of interest in a limited liability company shall equal one hundred percent (100%) of the profits interests in the limited liability company. Acts 1991, No. 1029, § 2; 1999, No. 37, § 2.

As used in this subchapter:

(1) "Bank Commissioner" means the Bank Commissioner of the State of Arkansas;

(2) "Board" means the State Banking Board;

(3) "Company" means a county or regional industrial development corporation or limited liability company authorized to be organized under the provisions of this subchapter;

(4) "Financial institution" means any banking corporation or institution, trust company, savings bank, savings and loan association, insurance company, or related corporation, partnership, foundation, or other institution engaged in lending or investing funds;

(5) "Impaired" means, for the purposes of § 15-4-1228 , that the capital of the company has been reduced to fifty thousand dollars ($50,000) or less;

(6) "Loan limit" means, for any member, the maximum amount permitted to be outstanding at any one (1) time on loans made by the member to the company, as determined under § 15-4-1218 ;

(7) "Member" means any financial institution authorized to do business in the State of Arkansas which may undertake to lend money to a company upon its call and in accordance with the provisions of § 15-4-1218 ;

(8) "Person" includes all natural persons and legal entities;

(9) "Region" means any compact area composed of no fewer than three (3) nor more than fifteen (15) contiguous counties within the State of Arkansas;

(10) "Securities Commissioner" means the Securities Commissioner of the State of Arkansas; and

(11) "Unit of interest" means a participation in the profits interests of a limited liability company so that the total of all the units of interest in a limited liability company shall equal one hundred percent (100%) of the profits interests in the limited liability company.

Acts 1991, No. 1029, § 2; 1999, No. 37, § 2.
Ark. Code Ann. § 15-4-2305 — AR Code / Title 15 / Chapter 4 / Subchapter 23 / Section 15-4-2305
Public Roads Incentive Fund
Status: in_force

(a) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund to be known as the "Public Roads Incentive Fund" of the Arkansas Economic Development Council. (b) The fund shall consist of contributions made by taxpayers for public roads projects approved by the Director of the Arkansas Economic Development Commission and any other funds as are designated or deposited to the fund by law. (c) (1) A separate account shall be established for each project, and contributions for a project shall be applied to provide funding assistance for such a project. (2) Any contributions which remain in the fund when a project is completed or terminated shall be held and applied to other public roads projects in such manner as the director shall direct. Amended by Act 2019, No. 910,§ 388, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 387, eff. 7/1/2019. Acts 1999, No. 1347, § 1.

(a) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund to be known as the "Public Roads Incentive Fund" of the Arkansas Economic Development Council.

(b) The fund shall consist of contributions made by taxpayers for public roads projects approved by the Director of the Arkansas Economic Development Commission and any other funds as are designated or deposited to the fund by law.

(c) (1) A separate account shall be established for each project, and contributions for a project shall be applied to provide funding assistance for such a project. (2) Any contributions which remain in the fund when a project is completed or terminated shall be held and applied to other public roads projects in such manner as the director shall direct.

(1) A separate account shall be established for each project, and contributions for a project shall be applied to provide funding assistance for such a project.

(2) Any contributions which remain in the fund when a project is completed or terminated shall be held and applied to other public roads projects in such manner as the director shall direct.

Amended by Act 2019, No. 910,§ 388, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 387, eff. 7/1/2019.

Acts 1999, No. 1347, § 1.
Ark. Code Ann. § 15-71-111 — AR Code / Title 15 / Chapter 71 / Section 15-71-111
Procedural rules or orders - Hearing
Status: in_force

(a) (1) The Oil and Gas Commission shall prescribe its rules of order or procedure in hearings or other proceedings before the commission. (2) The commission's rules of order and procedure shall be adopted in accordance with the law of this state. (3) The commission shall comply with the laws of this state and the commission's rules that are applicable to the commission's hearings and proceedings. (b) (1) A rule or order, including change, renewal, or extension of a rule or order in the absence of an emergency shall not be made by the commission under this act except after an opportunity for a public hearing upon at least ten (10) days' notice given in the manner and form as may be prescribed by the commission. (2) The public hearing shall be held at the time, place, and in the manner prescribed by the commission. (3) Any person having any interest in the subject matter of the hearing shall be entitled to be heard. (c) (1) In the event an emergency is found to exist by the commission which in its judgment requires the making, changing, renewal, or extension of a rule or order without first having a hearing, the emergency rule or order shall have the same validity as if a hearing with respect to that rule or order had been held after due notice. (2) The emergency rule or order permitted by this subsection is effective until the date of the next regular commission hearing set to be held after the emergency rule or order was issued. (3) In any event, it shall expire when the rule or order made after due notice and hearing with respect to the subject matter of the emergency rule or order becomes effective. (d) Should the commission elect to give notice by personal service, the service may be made by any officer authorized to serve process or by any agent of the commission in the same manner as is provided by law for the service of summons in civil actions in the circuit courts of this state. Proof of the service by the agent shall be by the affidavit of the person making personal service. (e) All rules and orders made by the commission shall be in writing and shall be entered in full by the Director of Production and Conservation in a book to be kept for such purpose by the commission. This book shall be a public record and shall be open to inspection at all times during reasonable office hours. A copy of the rule or order, certified by the director, shall be received in evidence in all courts of this state with the same effect as the original. (f) Any interested person shall have the right to have the commission call a hearing for the purpose of taking action in respect to any matter within the jurisdiction of the commission by making a request therefor in writing. Upon the receipt of any request, the commission shall promptly call a hearing thereon, and, after the hearing, and with all convenient speed and in any event within thirty (30) days after the conclusion of the hearing, shall take such action with regard to the subject matter thereof as it may deem appropriate. Amended by Act 2019, No. 315,§ 1227, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1226, eff. 7/24/2019. Amended by Act 2015, No. 906,§ 1, eff. 7/22/2015. Acts 1939, No. 105, § 12; A.S.A. 1947, § 53-112; Acts 2009, No. 1175, § 10.

(a) (1) The Oil and Gas Commission shall prescribe its rules of order or procedure in hearings or other proceedings before the commission. (2) The commission's rules of order and procedure shall be adopted in accordance with the law of this state. (3) The commission shall comply with the laws of this state and the commission's rules that are applicable to the commission's hearings and proceedings.

(1) The Oil and Gas Commission shall prescribe its rules of order or procedure in hearings or other proceedings before the commission.

(2) The commission's rules of order and procedure shall be adopted in accordance with the law of this state.

(3) The commission shall comply with the laws of this state and the commission's rules that are applicable to the commission's hearings and proceedings.

(b) (1) A rule or order, including change, renewal, or extension of a rule or order in the absence of an emergency shall not be made by the commission under this act except after an opportunity for a public hearing upon at least ten (10) days' notice given in the manner and form as may be prescribed by the commission. (2) The public hearing shall be held at the time, place, and in the manner prescribed by the commission. (3) Any person having any interest in the subject matter of the hearing shall be entitled to be heard.

(1) A rule or order, including change, renewal, or extension of a rule or order in the absence of an emergency shall not be made by the commission under this act except after an opportunity for a public hearing upon at least ten (10) days' notice given in the manner and form as may be prescribed by the commission.

(2) The public hearing shall be held at the time, place, and in the manner prescribed by the commission.

(3) Any person having any interest in the subject matter of the hearing shall be entitled to be heard.

(c) (1) In the event an emergency is found to exist by the commission which in its judgment requires the making, changing, renewal, or extension of a rule or order without first having a hearing, the emergency rule or order shall have the same validity as if a hearing with respect to that rule or order had been held after due notice. (2) The emergency rule or order permitted by this subsection is effective until the date of the next regular commission hearing set to be held after the emergency rule or order was issued. (3) In any event, it shall expire when the rule or order made after due notice and hearing with respect to the subject matter of the emergency rule or order becomes effective.

(1) In the event an emergency is found to exist by the commission which in its judgment requires the making, changing, renewal, or extension of a rule or order without first having a hearing, the emergency rule or order shall have the same validity as if a hearing with respect to that rule or order had been held after due notice.

(2) The emergency rule or order permitted by this subsection is effective until the date of the next regular commission hearing set to be held after the emergency rule or order was issued.

(3) In any event, it shall expire when the rule or order made after due notice and hearing with respect to the subject matter of the emergency rule or order becomes effective.

(d) Should the commission elect to give notice by personal service, the service may be made by any officer authorized to serve process or by any agent of the commission in the same manner as is provided by law for the service of summons in civil actions in the circuit courts of this state. Proof of the service by the agent shall be by the affidavit of the person making personal service.

(e) All rules and orders made by the commission shall be in writing and shall be entered in full by the Director of Production and Conservation in a book to be kept for such purpose by the commission. This book shall be a public record and shall be open to inspection at all times during reasonable office hours. A copy of the rule or order, certified by the director, shall be received in evidence in all courts of this state with the same effect as the original.

(f) Any interested person shall have the right to have the commission call a hearing for the purpose of taking action in respect to any matter within the jurisdiction of the commission by making a request therefor in writing. Upon the receipt of any request, the commission shall promptly call a hearing thereon, and, after the hearing, and with all convenient speed and in any event within thirty (30) days after the conclusion of the hearing, shall take such action with regard to the subject matter thereof as it may deem appropriate.

Amended by Act 2019, No. 315,§ 1227, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1226, eff. 7/24/2019.

Amended by Act 2015, No. 906,§ 1, eff. 7/22/2015.

Acts 1939, No. 105, § 12; A.S.A. 1947, § 53-112; Acts 2009, No. 1175, § 10.
Ark. Code Ann. § 15-22-1214 — AR Code / Title 15 / Chapter 22 / Subchapter 12 / Section 15-22-1214
Water conservation levy
Status: in_force

(a) The Sparta Aquifer critical groundwater county conservation board may levy and fix upon each registered water user and significant water user of aquifer water a conservation fee in an amount deemed appropriate by the board to discourage the withdrawal of aquifer water by registered water users and significant water users. (b) However, when the board has extended an alternate water source to the property line of a major water user and the major water user does not connect to and begin using the alternate water source, the major water user may be assessed a conservation fee determined by the board, not to exceed one and five-tenths (1.5) times the board's current rate for the alternate source per one thousand gallons (1,000 gals.) of aquifer water withdrawn, until the major water user connects to and uses the alternate water source. Amended by Act 2017, No. 632,§ 1, eff. 8/1/2017. Acts 1999, No. 1050, § 14; 2005, No. 1774, § 3.

(a) The Sparta Aquifer critical groundwater county conservation board may levy and fix upon each registered water user and significant water user of aquifer water a conservation fee in an amount deemed appropriate by the board to discourage the withdrawal of aquifer water by registered water users and significant water users.

(b) However, when the board has extended an alternate water source to the property line of a major water user and the major water user does not connect to and begin using the alternate water source, the major water user may be assessed a conservation fee determined by the board, not to exceed one and five-tenths (1.5) times the board's current rate for the alternate source per one thousand gallons (1,000 gals.) of aquifer water withdrawn, until the major water user connects to and uses the alternate water source.

Amended by Act 2017, No. 632,§ 1, eff. 8/1/2017.

Acts 1999, No. 1050, § 14; 2005, No. 1774, § 3.
Ark. Code Ann. § 15-11-706 — AR Code / Title 15 / Chapter 11 / Subchapter 7 / Section 15-11-706
Wildlife Observation Trails Pilot Program Advisory Board - Created
Status: in_force

(a) (1) There is continued an advisory body to the Department of Parks, Heritage, and Tourism to be known as the "Wildlife Observation Trails Pilot Program Advisory Board" to provide recommendations to the Secretary of the Department of Parks, Heritage, and Tourism and the Arkansas State Game and Fish Commission to develop criteria to establish and fund the development and maintenance of wildlife observation trails through the distribution of grant moneys under this subchapter. (2) The board is a voluntary board that consists of seven (7) members that are appointed by the secretary as follows: (A) One (1) representative of the Arkansas Economic Development Commission; (B) One (1) representative of the Arkansas State Game and Fish Commission; (C) One (1) representative of the Arkansas Recreation and Parks Association; (D) One (1) representative of the Association of Arkansas Counties; (E) One (1) representative of the Arkansas Game and Fish Foundation; (F) One (1) representative of the Arkansas Audubon Society, Inc.; and (G) One (1) representative of the Arkansas Municipal League. (b) The secretary shall: (1) Assist the board in establishing criteria consistent with § 15-11-705 by the promulgation of rules in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., for recommendation of a grant for the development of a wildlife observation trail in the Wildlife Observation Trails Pilot Program; and (2) Seek recommendations from the board for the selection of a grant recipient. (c) The secretary shall consult with the Director of the Arkansas State Game and Fish Commission to establish criteria for the development and maintenance of wildlife observation trails in the wildlife management areas that are managed by the Arkansas State Game and Fish Commission. Amended by Act 2019, No. 910,§ 5653, eff. 7/1/2019. Acts 2009, No. 686, § 1; 2011, No. 1041, § 4.

(a) (1) There is continued an advisory body to the Department of Parks, Heritage, and Tourism to be known as the "Wildlife Observation Trails Pilot Program Advisory Board" to provide recommendations to the Secretary of the Department of Parks, Heritage, and Tourism and the Arkansas State Game and Fish Commission to develop criteria to establish and fund the development and maintenance of wildlife observation trails through the distribution of grant moneys under this subchapter. (2) The board is a voluntary board that consists of seven (7) members that are appointed by the secretary as follows: (A) One (1) representative of the Arkansas Economic Development Commission; (B) One (1) representative of the Arkansas State Game and Fish Commission; (C) One (1) representative of the Arkansas Recreation and Parks Association; (D) One (1) representative of the Association of Arkansas Counties; (E) One (1) representative of the Arkansas Game and Fish Foundation; (F) One (1) representative of the Arkansas Audubon Society, Inc.; and (G) One (1) representative of the Arkansas Municipal League.

(1) There is continued an advisory body to the Department of Parks, Heritage, and Tourism to be known as the "Wildlife Observation Trails Pilot Program Advisory Board" to provide recommendations to the Secretary of the Department of Parks, Heritage, and Tourism and the Arkansas State Game and Fish Commission to develop criteria to establish and fund the development and maintenance of wildlife observation trails through the distribution of grant moneys under this subchapter.

(2) The board is a voluntary board that consists of seven (7) members that are appointed by the secretary as follows: (A) One (1) representative of the Arkansas Economic Development Commission; (B) One (1) representative of the Arkansas State Game and Fish Commission; (C) One (1) representative of the Arkansas Recreation and Parks Association; (D) One (1) representative of the Association of Arkansas Counties; (E) One (1) representative of the Arkansas Game and Fish Foundation; (F) One (1) representative of the Arkansas Audubon Society, Inc.; and (G) One (1) representative of the Arkansas Municipal League.

(A) One (1) representative of the Arkansas Economic Development Commission;

(B) One (1) representative of the Arkansas State Game and Fish Commission;

(C) One (1) representative of the Arkansas Recreation and Parks Association;

(D) One (1) representative of the Association of Arkansas Counties;

(E) One (1) representative of the Arkansas Game and Fish Foundation;

(F) One (1) representative of the Arkansas Audubon Society, Inc.; and

(G) One (1) representative of the Arkansas Municipal League.

(b) The secretary shall: (1) Assist the board in establishing criteria consistent with § 15-11-705 by the promulgation of rules in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., for recommendation of a grant for the development of a wildlife observation trail in the Wildlife Observation Trails Pilot Program; and (2) Seek recommendations from the board for the selection of a grant recipient.

(1) Assist the board in establishing criteria consistent with § 15-11-705 by the promulgation of rules in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., for recommendation of a grant for the development of a wildlife observation trail in the Wildlife Observation Trails Pilot Program; and

(2) Seek recommendations from the board for the selection of a grant recipient.

(c) The secretary shall consult with the Director of the Arkansas State Game and Fish Commission to establish criteria for the development and maintenance of wildlife observation trails in the wildlife management areas that are managed by the Arkansas State Game and Fish Commission.

Amended by Act 2019, No. 910,§ 5653, eff. 7/1/2019.

Acts 2009, No. 686, § 1; 2011, No. 1041, § 4.
Ark. Code Ann. § 15-5-1801 — AR Code / Title 15 / Chapter 5 / Subchapter 18 / Section 15-5-1801
Title
Status: in_force

This subchapter shall be known as the "State Entity Energy Efficiency Project Bond Act". Added by Act 2013, No. 1252,§ 1, eff. 8/16/2013.

This subchapter shall be known as the "State Entity Energy Efficiency Project Bond Act".

Added by Act 2013, No. 1252,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 15-13-302 — AR Code / Title 15 / Chapter 13 / Subchapter 3 / Section 15-13-302
Production incentives for alternative fuels producers
Status: in_force

(a) The Arkansas Alternative Fuels Development Program shall include a grant incentive program for alternative fuels producers based on the gallonage production of alternative fuels as provided in this section. (b) The program shall include grants for: (1) Capital improvements made after January 1, 2007, for the construction, modification, alteration, or retrofitting of an alternative fuels production facility located and operated in Arkansas; and (2) Operations costs after January 1, 2007, for the operation of an alternative fuels production facility located and operated in Arkansas. (c) The Department of Agriculture shall create a grant application process for alternative fuels producers for capital improvements that includes: (1) An application for a grant under this subsection that shall include at a minimum: (A) The expected gallonage production of alternative fuels at the facility; (B) A narrative description of the intended use of the grant moneys; and (C) Evidence sufficient to satisfy the department that the applicant has the capacity to complete the proposed project; (2) Instructions about the grant process; (3) Scoring procedures to determine the award of the grants; and (4) Other factors that the Secretary of the Department of Agriculture deems necessary. (d) The department shall create a grant application process for alternative fuels producers for operations costs that includes: (1) An application for a grant under this subsection shall include at a minimum: (A) The expected gallonage production of alternative fuels at the facility; and (B) Evidence sufficient to satisfy the department that the applicant has the capacity to operate during the applicable grant period; (2) Instructions about the grant process; (3) Scoring procedures to determine the award of the grants; and (4) Other factors that the secretary deems necessary. (e) (1) The department shall prepare an annual progress report on grant assistance made under this section. (2) The report shall include: (A) The amount of each grant; (B) The purpose of each grant; (C) How grant funds were expended by the grant recipient; (D) The results produced or the progress made; (E) The revenues produced; (F) Tonnages of feedstock materials used; and (G) The gallonage of alternative fuels produced. (3) The report for each state fiscal year shall be filed by June 30 of the following fiscal year with the office of the Governor and the Legislative Council. (f) (1) The secretary shall make cash payments to an alternative fuels producer that qualifies as a grant recipient under this section in an amount not to exceed twenty cents (20¢) per gallon of alternative fuels produced. (2) The payment to an alternative fuels producer under this section shall be for the annual production of alternative fuels. (g) (1) The department shall not award a grant in an amount that exceeds two million dollars ($2,000,000) to any one (1) alternative fuels producer in any one (1) fiscal year. (2) An entity that holds a controlling interest in more than one (1) alternative fuels production facility is considered one (1) alternative fuels producer under this section. (h) Nothing in this section shall limit a grant recipient under this section from applying for or receiving a production incentive for feedstock processors under § 15-13-303 . Amended by Act 2019, No. 910,§ 52, eff. 7/1/2019. Acts 2007, No. 873, § 1.

(a) The Arkansas Alternative Fuels Development Program shall include a grant incentive program for alternative fuels producers based on the gallonage production of alternative fuels as provided in this section.

(b) The program shall include grants for: (1) Capital improvements made after January 1, 2007, for the construction, modification, alteration, or retrofitting of an alternative fuels production facility located and operated in Arkansas; and (2) Operations costs after January 1, 2007, for the operation of an alternative fuels production facility located and operated in Arkansas.

(1) Capital improvements made after January 1, 2007, for the construction, modification, alteration, or retrofitting of an alternative fuels production facility located and operated in Arkansas; and

(2) Operations costs after January 1, 2007, for the operation of an alternative fuels production facility located and operated in Arkansas.

(c) The Department of Agriculture shall create a grant application process for alternative fuels producers for capital improvements that includes: (1) An application for a grant under this subsection that shall include at a minimum: (A) The expected gallonage production of alternative fuels at the facility; (B) A narrative description of the intended use of the grant moneys; and (C) Evidence sufficient to satisfy the department that the applicant has the capacity to complete the proposed project; (2) Instructions about the grant process; (3) Scoring procedures to determine the award of the grants; and (4) Other factors that the Secretary of the Department of Agriculture deems necessary.

(1) An application for a grant under this subsection that shall include at a minimum: (A) The expected gallonage production of alternative fuels at the facility; (B) A narrative description of the intended use of the grant moneys; and (C) Evidence sufficient to satisfy the department that the applicant has the capacity to complete the proposed project;

(A) The expected gallonage production of alternative fuels at the facility;

(B) A narrative description of the intended use of the grant moneys; and

(C) Evidence sufficient to satisfy the department that the applicant has the capacity to complete the proposed project;

(2) Instructions about the grant process;

(3) Scoring procedures to determine the award of the grants; and

(4) Other factors that the Secretary of the Department of Agriculture deems necessary.

(d) The department shall create a grant application process for alternative fuels producers for operations costs that includes: (1) An application for a grant under this subsection shall include at a minimum: (A) The expected gallonage production of alternative fuels at the facility; and (B) Evidence sufficient to satisfy the department that the applicant has the capacity to operate during the applicable grant period; (2) Instructions about the grant process; (3) Scoring procedures to determine the award of the grants; and (4) Other factors that the secretary deems necessary.

(1) An application for a grant under this subsection shall include at a minimum: (A) The expected gallonage production of alternative fuels at the facility; and (B) Evidence sufficient to satisfy the department that the applicant has the capacity to operate during the applicable grant period;

(A) The expected gallonage production of alternative fuels at the facility; and

(B) Evidence sufficient to satisfy the department that the applicant has the capacity to operate during the applicable grant period;

(2) Instructions about the grant process;

(3) Scoring procedures to determine the award of the grants; and

(4) Other factors that the secretary deems necessary.

(e) (1) The department shall prepare an annual progress report on grant assistance made under this section. (2) The report shall include: (A) The amount of each grant; (B) The purpose of each grant; (C) How grant funds were expended by the grant recipient; (D) The results produced or the progress made; (E) The revenues produced; (F) Tonnages of feedstock materials used; and (G) The gallonage of alternative fuels produced. (3) The report for each state fiscal year shall be filed by June 30 of the following fiscal year with the office of the Governor and the Legislative Council.

(1) The department shall prepare an annual progress report on grant assistance made under this section.

(2) The report shall include: (A) The amount of each grant; (B) The purpose of each grant; (C) How grant funds were expended by the grant recipient; (D) The results produced or the progress made; (E) The revenues produced; (F) Tonnages of feedstock materials used; and (G) The gallonage of alternative fuels produced.

(A) The amount of each grant;

(B) The purpose of each grant;

(C) How grant funds were expended by the grant recipient;

(D) The results produced or the progress made;

(E) The revenues produced;

(F) Tonnages of feedstock materials used; and

(G) The gallonage of alternative fuels produced.

(3) The report for each state fiscal year shall be filed by June 30 of the following fiscal year with the office of the Governor and the Legislative Council.

(f) (1) The secretary shall make cash payments to an alternative fuels producer that qualifies as a grant recipient under this section in an amount not to exceed twenty cents (20¢) per gallon of alternative fuels produced. (2) The payment to an alternative fuels producer under this section shall be for the annual production of alternative fuels.

(1) The secretary shall make cash payments to an alternative fuels producer that qualifies as a grant recipient under this section in an amount not to exceed twenty cents (20¢) per gallon of alternative fuels produced.

(2) The payment to an alternative fuels producer under this section shall be for the annual production of alternative fuels.

(g) (1) The department shall not award a grant in an amount that exceeds two million dollars ($2,000,000) to any one (1) alternative fuels producer in any one (1) fiscal year. (2) An entity that holds a controlling interest in more than one (1) alternative fuels production facility is considered one (1) alternative fuels producer under this section.

(1) The department shall not award a grant in an amount that exceeds two million dollars ($2,000,000) to any one (1) alternative fuels producer in any one (1) fiscal year.

(2) An entity that holds a controlling interest in more than one (1) alternative fuels production facility is considered one (1) alternative fuels producer under this section.

(h) Nothing in this section shall limit a grant recipient under this section from applying for or receiving a production incentive for feedstock processors under § 15-13-303 .

Amended by Act 2019, No. 910,§ 52, eff. 7/1/2019.

Acts 2007, No. 873, § 1.
Ark. Code Ann. § 15-22-201 — AR Code / Title 15 / Chapter 22 / Subchapter 2 / Section 15-22-201
Declaration of policy
Status: in_force

(a) It is in the best interest of the people of the State of Arkansas to have a water policy that recognizes the vital importance of water to the prosperity and health of both people and their natural surroundings. (b) Preserving water of a sufficient quality and quantity will allow Arkansas to be known both as a natural state and a land of opportunity where agriculture, industry, tourism, and recreation will remain strong for future generations. (c) It is declared to be the policy of the State of Arkansas to encourage best management practices and reliable data to provide scientific methods for managing and conserving water for future use in recognition of the facts that: (1) Arkansas has annual rainfall providing surplus surface water for the use of persons in this state, while continuing to provide water for wildlife habitat, recreation, industry, agriculture, and commerce; (2) In many instances much of this surplus water is now underutilized; (3) The groundwater supplies of the state are being used at a rate that will result in valuable water aquifers being destroyed, harming both the general public and the private property rights of those owning property in this state; and (4) Surface water and ground water supplies must be managed together for maximum effect. (d) It is declared to be the purpose of this subchapter to permit and regulate the construction of facilities to use surplus surface water in order to, without limitation: (1) Protect critical groundwater supplies that are a significant source of the drinking water supply for thousands of people in Arkansas; (2) Protect the rights of all persons equitably and reasonably interested in the use and disposition of water; (3) Maintain healthy in-stream flows for all streams and rivers; (4) Prevent harmful overflows and flooding; and (5) Conserve the natural resources of the State of Arkansas. Acts 1957, No. 81, § 1; A.S.A. 1947, § 21-1301; Acts 2011, No. 749, § 1.

(a) It is in the best interest of the people of the State of Arkansas to have a water policy that recognizes the vital importance of water to the prosperity and health of both people and their natural surroundings.

(b) Preserving water of a sufficient quality and quantity will allow Arkansas to be known both as a natural state and a land of opportunity where agriculture, industry, tourism, and recreation will remain strong for future generations.

(c) It is declared to be the policy of the State of Arkansas to encourage best management practices and reliable data to provide scientific methods for managing and conserving water for future use in recognition of the facts that: (1) Arkansas has annual rainfall providing surplus surface water for the use of persons in this state, while continuing to provide water for wildlife habitat, recreation, industry, agriculture, and commerce; (2) In many instances much of this surplus water is now underutilized; (3) The groundwater supplies of the state are being used at a rate that will result in valuable water aquifers being destroyed, harming both the general public and the private property rights of those owning property in this state; and (4) Surface water and ground water supplies must be managed together for maximum effect.

(1) Arkansas has annual rainfall providing surplus surface water for the use of persons in this state, while continuing to provide water for wildlife habitat, recreation, industry, agriculture, and commerce;

(2) In many instances much of this surplus water is now underutilized;

(3) The groundwater supplies of the state are being used at a rate that will result in valuable water aquifers being destroyed, harming both the general public and the private property rights of those owning property in this state; and

(4) Surface water and ground water supplies must be managed together for maximum effect.

(d) It is declared to be the purpose of this subchapter to permit and regulate the construction of facilities to use surplus surface water in order to, without limitation: (1) Protect critical groundwater supplies that are a significant source of the drinking water supply for thousands of people in Arkansas; (2) Protect the rights of all persons equitably and reasonably interested in the use and disposition of water; (3) Maintain healthy in-stream flows for all streams and rivers; (4) Prevent harmful overflows and flooding; and (5) Conserve the natural resources of the State of Arkansas.

(1) Protect critical groundwater supplies that are a significant source of the drinking water supply for thousands of people in Arkansas;

(2) Protect the rights of all persons equitably and reasonably interested in the use and disposition of water;

(3) Maintain healthy in-stream flows for all streams and rivers;

(4) Prevent harmful overflows and flooding; and

(5) Conserve the natural resources of the State of Arkansas.

Acts 1957, No. 81, § 1; A.S.A. 1947, § 21-1301; Acts 2011, No. 749, § 1.
Ark. Code Ann. § 15-5-102 — AR Code / Title 15 / Chapter 5 / Subchapter 1 / Section 15-5-102
Legislative findings and declaration of public necessity
Status: in_force

(a) The General Assembly finds: (1) (A) That there exists severe economic instability in traditional national and international markets for goods and services produced by the citizens of the State of Arkansas. (B) This instability has caused serious economic distress among the citizens of our state and is manifest in: (i) The increasing number of business failures and bankruptcies, both personal and corporate, and the extraordinarily high levels of unemployment in agricultural business and industrial enterprises; and (ii) The rapidly rising costs of housing for elderly persons and families of low and moderate income; (2) That the continued existence of these conditions is inimical to the public health, welfare, safety, morals, and economic security of the citizens and inhabitants of the state; and (3) That the economic well-being of the citizens of the State of Arkansas will be enhanced by the providing of: (A) Economical healthcare facilities for the benefit of its citizens; (B) Educational facilities of every nature and kind; (C) Capital improvement facilities for its citizens; and (D) Financial assistance to political subdivisions of the state. (b) For the reasons set out in subsection (a) of this section, the General Assembly finds that there exists in the state an immediate and urgent need to provide the means and methods for providing financing: (1) To complement Arkansas's private financial institutions to better serve their customers in ways which contribute to a strengthened and diversified Arkansas economy and which do not compete with Arkansas's private financial institutions; (2) To restore and revitalize existing agricultural business and industrial enterprises for the purpose of retaining existing employment within the state; (3) To promote and develop the expansion of existing and the establishment of new agricultural business and industrial enterprises for the purpose of further alleviating unemployment within the state and for providing additional employment; (4) To promote and target resources of the state to further the development of export trade of Arkansas products for the purpose of the economic development of the state and for providing additional employment therefrom; (5) To eliminate the shortage of decent, safe, sanitary, and affordable residential housing for elderly persons and families of low and moderate income in the state; (6) To assure the development of reliable, affordable, efficient, and environmentally compatible sources of energy for all types of public and private consumption; (7) To provide healthcare facilities for the citizens and inhabitants of the state; (8) To provide capital improvement facilities for the benefit of the citizens and inhabitants of the state; (9) To provide educational facilities for educational institutions within the state and to enhance the Public School Fund; (10) To provide for short-term advance funding of the obligations of local governments throughout the state; and (11) To assist minority businesses in obtaining loans or other means of financial assistance. (c) It is declared to be the public policy and responsibility of this state to promote the health, welfare, safety, morals, and economic security of its inhabitants through the retention of existing employment and alleviation of unemployment in all phases of agricultural business and industrial enterprises, the elimination of the shortage of decent, safe, sanitary, and affordable housing for elderly persons and persons of low and moderate income, for the development of reliable, affordable, efficient, and environmentally compatible sources of energy for all types of public and private consumption, for healthcare facilities, for capital improvement facilities, and for educational facilities for the benefit of educational institutions within the state. (d) The General Assembly finds that the public policies and responsibilities of the state as set forth in this section cannot be fully attained without the use of public financing and that such public financing can best be provided by the creation of a state development finance authority with comprehensive and extensive powers therein. The authority shall have the power to issue revenue bonds to provide financing for qualified agricultural businesses and industrial enterprises, residential housing, energy enterprises and facilities, healthcare facilities, capital improvement facilities, and educational facilities, and that all of the foregoing are public purposes and uses for which public moneys may be borrowed, expended, advanced, loaned, and granted. Acts 1985, No. 1062, § 2.00; A.S.A. 1947, § 13-2902; Acts 1987, No. 900, § 1.

(a) The General Assembly finds: (1) (A) That there exists severe economic instability in traditional national and international markets for goods and services produced by the citizens of the State of Arkansas. (B) This instability has caused serious economic distress among the citizens of our state and is manifest in: (i) The increasing number of business failures and bankruptcies, both personal and corporate, and the extraordinarily high levels of unemployment in agricultural business and industrial enterprises; and (ii) The rapidly rising costs of housing for elderly persons and families of low and moderate income; (2) That the continued existence of these conditions is inimical to the public health, welfare, safety, morals, and economic security of the citizens and inhabitants of the state; and (3) That the economic well-being of the citizens of the State of Arkansas will be enhanced by the providing of: (A) Economical healthcare facilities for the benefit of its citizens; (B) Educational facilities of every nature and kind; (C) Capital improvement facilities for its citizens; and (D) Financial assistance to political subdivisions of the state.

(1) (A) That there exists severe economic instability in traditional national and international markets for goods and services produced by the citizens of the State of Arkansas. (B) This instability has caused serious economic distress among the citizens of our state and is manifest in: (i) The increasing number of business failures and bankruptcies, both personal and corporate, and the extraordinarily high levels of unemployment in agricultural business and industrial enterprises; and (ii) The rapidly rising costs of housing for elderly persons and families of low and moderate income;

(A) That there exists severe economic instability in traditional national and international markets for goods and services produced by the citizens of the State of Arkansas.

(B) This instability has caused serious economic distress among the citizens of our state and is manifest in: (i) The increasing number of business failures and bankruptcies, both personal and corporate, and the extraordinarily high levels of unemployment in agricultural business and industrial enterprises; and (ii) The rapidly rising costs of housing for elderly persons and families of low and moderate income;

(i) The increasing number of business failures and bankruptcies, both personal and corporate, and the extraordinarily high levels of unemployment in agricultural business and industrial enterprises; and

(ii) The rapidly rising costs of housing for elderly persons and families of low and moderate income;

(2) That the continued existence of these conditions is inimical to the public health, welfare, safety, morals, and economic security of the citizens and inhabitants of the state; and

(3) That the economic well-being of the citizens of the State of Arkansas will be enhanced by the providing of: (A) Economical healthcare facilities for the benefit of its citizens; (B) Educational facilities of every nature and kind; (C) Capital improvement facilities for its citizens; and (D) Financial assistance to political subdivisions of the state.

(A) Economical healthcare facilities for the benefit of its citizens;

(B) Educational facilities of every nature and kind;

(C) Capital improvement facilities for its citizens; and

(D) Financial assistance to political subdivisions of the state.

(b) For the reasons set out in subsection (a) of this section, the General Assembly finds that there exists in the state an immediate and urgent need to provide the means and methods for providing financing: (1) To complement Arkansas's private financial institutions to better serve their customers in ways which contribute to a strengthened and diversified Arkansas economy and which do not compete with Arkansas's private financial institutions; (2) To restore and revitalize existing agricultural business and industrial enterprises for the purpose of retaining existing employment within the state; (3) To promote and develop the expansion of existing and the establishment of new agricultural business and industrial enterprises for the purpose of further alleviating unemployment within the state and for providing additional employment; (4) To promote and target resources of the state to further the development of export trade of Arkansas products for the purpose of the economic development of the state and for providing additional employment therefrom; (5) To eliminate the shortage of decent, safe, sanitary, and affordable residential housing for elderly persons and families of low and moderate income in the state; (6) To assure the development of reliable, affordable, efficient, and environmentally compatible sources of energy for all types of public and private consumption; (7) To provide healthcare facilities for the citizens and inhabitants of the state; (8) To provide capital improvement facilities for the benefit of the citizens and inhabitants of the state; (9) To provide educational facilities for educational institutions within the state and to enhance the Public School Fund; (10) To provide for short-term advance funding of the obligations of local governments throughout the state; and (11) To assist minority businesses in obtaining loans or other means of financial assistance.

(1) To complement Arkansas's private financial institutions to better serve their customers in ways which contribute to a strengthened and diversified Arkansas economy and which do not compete with Arkansas's private financial institutions;

(2) To restore and revitalize existing agricultural business and industrial enterprises for the purpose of retaining existing employment within the state;

(3) To promote and develop the expansion of existing and the establishment of new agricultural business and industrial enterprises for the purpose of further alleviating unemployment within the state and for providing additional employment;

(4) To promote and target resources of the state to further the development of export trade of Arkansas products for the purpose of the economic development of the state and for providing additional employment therefrom;

(5) To eliminate the shortage of decent, safe, sanitary, and affordable residential housing for elderly persons and families of low and moderate income in the state;

(6) To assure the development of reliable, affordable, efficient, and environmentally compatible sources of energy for all types of public and private consumption;

(7) To provide healthcare facilities for the citizens and inhabitants of the state;

(8) To provide capital improvement facilities for the benefit of the citizens and inhabitants of the state;

(9) To provide educational facilities for educational institutions within the state and to enhance the Public School Fund;

(10) To provide for short-term advance funding of the obligations of local governments throughout the state; and

(11) To assist minority businesses in obtaining loans or other means of financial assistance.

(c) It is declared to be the public policy and responsibility of this state to promote the health, welfare, safety, morals, and economic security of its inhabitants through the retention of existing employment and alleviation of unemployment in all phases of agricultural business and industrial enterprises, the elimination of the shortage of decent, safe, sanitary, and affordable housing for elderly persons and persons of low and moderate income, for the development of reliable, affordable, efficient, and environmentally compatible sources of energy for all types of public and private consumption, for healthcare facilities, for capital improvement facilities, and for educational facilities for the benefit of educational institutions within the state.

(d) The General Assembly finds that the public policies and responsibilities of the state as set forth in this section cannot be fully attained without the use of public financing and that such public financing can best be provided by the creation of a state development finance authority with comprehensive and extensive powers therein. The authority shall have the power to issue revenue bonds to provide financing for qualified agricultural businesses and industrial enterprises, residential housing, energy enterprises and facilities, healthcare facilities, capital improvement facilities, and educational facilities, and that all of the foregoing are public purposes and uses for which public moneys may be borrowed, expended, advanced, loaned, and granted.

Acts 1985, No. 1062, § 2.00; A.S.A. 1947, § 13-2902; Acts 1987, No. 900, § 1.
Ark. Code Ann. § 15-4-2705 — AR Code / Title 15 / Chapter 4 / Subchapter 27 / Section 15-4-2705
Job-creation tax credit
Status: in_force

(a) There is established a job-creation tax credit to encourage: (1) The creation of new jobs; and (2) Business growth and expansion. (b) An application for the income tax credit under this section shall be submitted to the Arkansas Economic Development Commission. (c) To receive this credit, a qualified business shall meet minimum annual payroll thresholds for new full-time permanent employees for the county tier in which the project is located, as follows: (1) For tier 1 counties, the annual payroll threshold is at least one hundred twenty-five thousand dollars ($125,000); (2) For tier 2 counties, the annual payroll threshold is at least one hundred thousand dollars ($100,000); (3) For tier 3 counties, the annual payroll threshold is at least seventy-five thousand dollars ($75,000); and (4) For tier 4 counties, the annual payroll threshold is at least fifty thousand dollars ($50,000). (d) (1) The credit earned under this section is a percentage of the payroll of the new full-time permanent employees hired following the date of the approved financial incentive agreement. (2) The percentage shall be determined by the county tier in which the project is located, as follows: (A) For tier 1 counties, the credit is one percent (1%) of the payroll for the new full-time permanent employees of the business; (B) For tier 2 counties, the credit is two percent (2%) of the payroll for the new full-time permanent employees of the business; (C) For tier 3 counties, the credit is three percent (3%) of the payroll for the new full-time permanent employees of the business; and (D) For tier 4 counties, the credit is four percent (4%) of the payroll for the new full-time permanent employees of the business. (3) To qualify for a credit under this subsection, the average hourly wage paid to employees whose payroll is subject to incentives under this subchapter shall be at least equal to the greater of the lowest county average hourly wage as calculated by the commission based on the most recent calendar year data published by the Division of Workforce Services, or twelve dollars and fifty cents ($12.50). (4) A qualified business shall receive an additional tax credit of one percent (1%) of the payroll of new full-time permanent employees if the average hourly wage paid to employees subject to incentives under this subchapter exceeds one hundred twenty-five percent (125%) of the lesser of the county or state average hourly wage for the county in which the qualified business locates or expands. (e) The term of the financial incentive agreement shall be for a period of five (5) years, beginning on the date of the approved financial incentive agreement. (f) (1) After receiving an approved financial incentive agreement from the commission, a qualified business shall certify to the Department of Finance and Administration the payroll of the new full-time permanent employees annually at the end of each tax year during the term of the financial incentive agreement. (2) Upon verification of the reported payroll amounts, the department shall authorize the appropriate income tax credit. (g) (1) The tax credits earned under this section may offset up to fifty percent (50%) of the business's tax liability annually. (2) Any unused tax credits may be carried forward for up to nine (9) years after the year in which the credit was first earned or until exhausted, whichever occurs first. (h) (1) If a qualified business fails to meet the payroll threshold within two (2) years after the date of the approved financial incentive agreement or within the time period established by an extension approved by the Secretary of the Department of Finance and Administration and the Director of the Arkansas Economic Development Commission, the qualified business is liable for repayment of all incentives previously received under § 15-4-2706(d) that were conditioned on an approved financial incentive agreement under this section for which the payroll threshold has not been met. (2) If a qualified business fails to reach the payroll threshold of this section in a timely manner, the department shall have two (2) years to collect incentives previously received by the qualified business or file a lawsuit to enforce the repayment provisions. Amended by Act 2019, No. 327,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 400, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 399, eff. 7/1/2019. Acts 2003, No. 182, § 1; 2005, No. 1296, § 3; 2009, No. 716, § 6.

(a) There is established a job-creation tax credit to encourage: (1) The creation of new jobs; and (2) Business growth and expansion.

(1) The creation of new jobs; and

(2) Business growth and expansion.

(b) An application for the income tax credit under this section shall be submitted to the Arkansas Economic Development Commission.

(c) To receive this credit, a qualified business shall meet minimum annual payroll thresholds for new full-time permanent employees for the county tier in which the project is located, as follows: (1) For tier 1 counties, the annual payroll threshold is at least one hundred twenty-five thousand dollars ($125,000); (2) For tier 2 counties, the annual payroll threshold is at least one hundred thousand dollars ($100,000); (3) For tier 3 counties, the annual payroll threshold is at least seventy-five thousand dollars ($75,000); and (4) For tier 4 counties, the annual payroll threshold is at least fifty thousand dollars ($50,000).

(1) For tier 1 counties, the annual payroll threshold is at least one hundred twenty-five thousand dollars ($125,000);

(2) For tier 2 counties, the annual payroll threshold is at least one hundred thousand dollars ($100,000);

(3) For tier 3 counties, the annual payroll threshold is at least seventy-five thousand dollars ($75,000); and

(4) For tier 4 counties, the annual payroll threshold is at least fifty thousand dollars ($50,000).

(d) (1) The credit earned under this section is a percentage of the payroll of the new full-time permanent employees hired following the date of the approved financial incentive agreement. (2) The percentage shall be determined by the county tier in which the project is located, as follows: (A) For tier 1 counties, the credit is one percent (1%) of the payroll for the new full-time permanent employees of the business; (B) For tier 2 counties, the credit is two percent (2%) of the payroll for the new full-time permanent employees of the business; (C) For tier 3 counties, the credit is three percent (3%) of the payroll for the new full-time permanent employees of the business; and (D) For tier 4 counties, the credit is four percent (4%) of the payroll for the new full-time permanent employees of the business. (3) To qualify for a credit under this subsection, the average hourly wage paid to employees whose payroll is subject to incentives under this subchapter shall be at least equal to the greater of the lowest county average hourly wage as calculated by the commission based on the most recent calendar year data published by the Division of Workforce Services, or twelve dollars and fifty cents ($12.50). (4) A qualified business shall receive an additional tax credit of one percent (1%) of the payroll of new full-time permanent employees if the average hourly wage paid to employees subject to incentives under this subchapter exceeds one hundred twenty-five percent (125%) of the lesser of the county or state average hourly wage for the county in which the qualified business locates or expands.

(1) The credit earned under this section is a percentage of the payroll of the new full-time permanent employees hired following the date of the approved financial incentive agreement.

(2) The percentage shall be determined by the county tier in which the project is located, as follows: (A) For tier 1 counties, the credit is one percent (1%) of the payroll for the new full-time permanent employees of the business; (B) For tier 2 counties, the credit is two percent (2%) of the payroll for the new full-time permanent employees of the business; (C) For tier 3 counties, the credit is three percent (3%) of the payroll for the new full-time permanent employees of the business; and (D) For tier 4 counties, the credit is four percent (4%) of the payroll for the new full-time permanent employees of the business.

(A) For tier 1 counties, the credit is one percent (1%) of the payroll for the new full-time permanent employees of the business;

(B) For tier 2 counties, the credit is two percent (2%) of the payroll for the new full-time permanent employees of the business;

(C) For tier 3 counties, the credit is three percent (3%) of the payroll for the new full-time permanent employees of the business; and

(D) For tier 4 counties, the credit is four percent (4%) of the payroll for the new full-time permanent employees of the business.

(3) To qualify for a credit under this subsection, the average hourly wage paid to employees whose payroll is subject to incentives under this subchapter shall be at least equal to the greater of the lowest county average hourly wage as calculated by the commission based on the most recent calendar year data published by the Division of Workforce Services, or twelve dollars and fifty cents ($12.50).

(4) A qualified business shall receive an additional tax credit of one percent (1%) of the payroll of new full-time permanent employees if the average hourly wage paid to employees subject to incentives under this subchapter exceeds one hundred twenty-five percent (125%) of the lesser of the county or state average hourly wage for the county in which the qualified business locates or expands.

(e) The term of the financial incentive agreement shall be for a period of five (5) years, beginning on the date of the approved financial incentive agreement.

(f) (1) After receiving an approved financial incentive agreement from the commission, a qualified business shall certify to the Department of Finance and Administration the payroll of the new full-time permanent employees annually at the end of each tax year during the term of the financial incentive agreement. (2) Upon verification of the reported payroll amounts, the department shall authorize the appropriate income tax credit.

(1) After receiving an approved financial incentive agreement from the commission, a qualified business shall certify to the Department of Finance and Administration the payroll of the new full-time permanent employees annually at the end of each tax year during the term of the financial incentive agreement.

(2) Upon verification of the reported payroll amounts, the department shall authorize the appropriate income tax credit.

(g) (1) The tax credits earned under this section may offset up to fifty percent (50%) of the business's tax liability annually. (2) Any unused tax credits may be carried forward for up to nine (9) years after the year in which the credit was first earned or until exhausted, whichever occurs first.

(1) The tax credits earned under this section may offset up to fifty percent (50%) of the business's tax liability annually.

(2) Any unused tax credits may be carried forward for up to nine (9) years after the year in which the credit was first earned or until exhausted, whichever occurs first.

(h) (1) If a qualified business fails to meet the payroll threshold within two (2) years after the date of the approved financial incentive agreement or within the time period established by an extension approved by the Secretary of the Department of Finance and Administration and the Director of the Arkansas Economic Development Commission, the qualified business is liable for repayment of all incentives previously received under § 15-4-2706(d) that were conditioned on an approved financial incentive agreement under this section for which the payroll threshold has not been met. (2) If a qualified business fails to reach the payroll threshold of this section in a timely manner, the department shall have two (2) years to collect incentives previously received by the qualified business or file a lawsuit to enforce the repayment provisions.

(1) If a qualified business fails to meet the payroll threshold within two (2) years after the date of the approved financial incentive agreement or within the time period established by an extension approved by the Secretary of the Department of Finance and Administration and the Director of the Arkansas Economic Development Commission, the qualified business is liable for repayment of all incentives previously received under § 15-4-2706(d) that were conditioned on an approved financial incentive agreement under this section for which the payroll threshold has not been met.

(2) If a qualified business fails to reach the payroll threshold of this section in a timely manner, the department shall have two (2) years to collect incentives previously received by the qualified business or file a lawsuit to enforce the repayment provisions.

Amended by Act 2019, No. 327,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 400, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 399, eff. 7/1/2019.

Acts 2003, No. 182, § 1; 2005, No. 1296, § 3; 2009, No. 716, § 6.
Ark. Code Ann. § 15-20-801 — AR Code / Title 15 / Chapter 20 / Subchapter 8 / Section 15-20-801
Definitions
Status: in_force

As used in this subchapter: (1) "Commission" means the Arkansas Natural Resources Commission; (2) "Fairness opinion" means a written opinion by the commission's financial advisor stating that the proposed transaction is structured in a commercially reasonable manner and that the commission is receiving fair, adequate, and equitable consideration in exchange for the sale or pledge of the loans; (3) "Financial advisor" means any entity, either private or governmental, that routinely provides advice to governmental entities regarding their capital improvement and financial needs; (4) "Investors" means any individuals, institutions, or other entities that acquire an interest in loans to be sold or pledged by the commission; (5) "Loans" means those obligations owed to and owned by the commission pursuant to those financial assistance programs that the commission may administer from time to time; (6) "Pledge" means to pledge, encumber, mortgage, hypothecate, or otherwise grant a security interest in; (7) "Pool" means to gather together into a single portfolio; (8) "Sell" means to grant, transfer, convey, dispose of, or otherwise alienate; and (9) "Transaction enhancement" means any form of insurance, any contractual provision, any fund, or any other obligation that may be supplied by either the commission or any third party which shall serve to enhance the creditworthiness of the pool. Acts 1995, No. 690, § 1.

As used in this subchapter:

(1) "Commission" means the Arkansas Natural Resources Commission;

(2) "Fairness opinion" means a written opinion by the commission's financial advisor stating that the proposed transaction is structured in a commercially reasonable manner and that the commission is receiving fair, adequate, and equitable consideration in exchange for the sale or pledge of the loans;

(3) "Financial advisor" means any entity, either private or governmental, that routinely provides advice to governmental entities regarding their capital improvement and financial needs;

(4) "Investors" means any individuals, institutions, or other entities that acquire an interest in loans to be sold or pledged by the commission;

(5) "Loans" means those obligations owed to and owned by the commission pursuant to those financial assistance programs that the commission may administer from time to time;

(6) "Pledge" means to pledge, encumber, mortgage, hypothecate, or otherwise grant a security interest in;

(7) "Pool" means to gather together into a single portfolio;

(8) "Sell" means to grant, transfer, convey, dispose of, or otherwise alienate; and

(9) "Transaction enhancement" means any form of insurance, any contractual provision, any fund, or any other obligation that may be supplied by either the commission or any third party which shall serve to enhance the creditworthiness of the pool.

Acts 1995, No. 690, § 1.
Ark. Code Ann. § 15-72-303 — AR Code / Title 15 / Chapter 72 / Subchapter 3 / Section 15-72-303
Authority to integrate production in drilling units
Status: in_force

(a) When two (2) or more separately owned tracts are embraced within an established drilling unit, when there are separately owned interests in all or part of the drilling unit, or when there are separately owned tracts and separately owned interests in all or part of such a drilling unit, the owners thereof may voluntarily pool, combine, and integrate their tracts or interests for the development or operation of that drilling unit. (b) When the owners fail or refuse voluntarily to integrate their interests, upon the application of any such owner or operator, the commission, for the prevention of waste or to avoid the drilling of unnecessary wells, shall enter its order integrating all tracts and interests in the drilling unit for the development or operation of the drilling unit and the sharing of production from the drilling unit. Acts 1939, No. 105, § 15; 1963, No. 536, § 1; A.S.A. 1947, § 53-115; Acts 2005, No. 137, § 2.

(a) When two (2) or more separately owned tracts are embraced within an established drilling unit, when there are separately owned interests in all or part of the drilling unit, or when there are separately owned tracts and separately owned interests in all or part of such a drilling unit, the owners thereof may voluntarily pool, combine, and integrate their tracts or interests for the development or operation of that drilling unit.

(b) When the owners fail or refuse voluntarily to integrate their interests, upon the application of any such owner or operator, the commission, for the prevention of waste or to avoid the drilling of unnecessary wells, shall enter its order integrating all tracts and interests in the drilling unit for the development or operation of the drilling unit and the sharing of production from the drilling unit.

Acts 1939, No. 105, § 15; 1963, No. 536, § 1; A.S.A. 1947, § 53-115; Acts 2005, No. 137, § 2.
Ark. Code Ann. § 15-30-103 — AR Code / Title 15 / Chapter 30 / Subchapter 1 / Section 15-30-103
Definitions
Status: in_force

As used in this subchapter: (1) "Landowner" means the possessor of a fee interest, a tenant, lessee, holder of a conservation easement as defined in § 15-20-402 , lawful occupant, or person in lawful control of the premises; (2) (A) "Prescribed burning" means the planned and controlled application of fire to vegetative fuels under specified weather, environmental, and other conditions, while following appropriate precautionary measures that will: (i) Confine the fire to a predetermined area; and (ii) Accomplish the intended management objectives for the area to be burned. (B) "Prescribed burning" does not include crop residue burning; (3) "Prescribed burning prescription" means a written plan establishing the conditions and methods for conducting prescribed burning that: (A) Is prepared by a qualified prescribed burner; and (B) Addresses the starting, controlling, and extinguishing of the prescribed burning; and (4) (A) "Qualified prescribed burner" means an individual who has successfully completed a prescribed burner training program approved by the Department of Agriculture or the Arkansas State Game and Fish Commission. (B) "Qualified prescribed burner" includes an individual who has successfully completed a prescribed burner training program in another state if the prescribed burner training program is recognized and approved by the department or commission. Added by Act 2023, No. 695,§ 1, eff. 8/1/2023.

As used in this subchapter:

(1) "Landowner" means the possessor of a fee interest, a tenant, lessee, holder of a conservation easement as defined in § 15-20-402 , lawful occupant, or person in lawful control of the premises;

(2) (A) "Prescribed burning" means the planned and controlled application of fire to vegetative fuels under specified weather, environmental, and other conditions, while following appropriate precautionary measures that will: (i) Confine the fire to a predetermined area; and (ii) Accomplish the intended management objectives for the area to be burned. (B) "Prescribed burning" does not include crop residue burning;

(A) "Prescribed burning" means the planned and controlled application of fire to vegetative fuels under specified weather, environmental, and other conditions, while following appropriate precautionary measures that will: (i) Confine the fire to a predetermined area; and (ii) Accomplish the intended management objectives for the area to be burned.

(i) Confine the fire to a predetermined area; and

(ii) Accomplish the intended management objectives for the area to be burned.

(B) "Prescribed burning" does not include crop residue burning;

(3) "Prescribed burning prescription" means a written plan establishing the conditions and methods for conducting prescribed burning that: (A) Is prepared by a qualified prescribed burner; and (B) Addresses the starting, controlling, and extinguishing of the prescribed burning; and

(A) Is prepared by a qualified prescribed burner; and

(B) Addresses the starting, controlling, and extinguishing of the prescribed burning; and

(4) (A) "Qualified prescribed burner" means an individual who has successfully completed a prescribed burner training program approved by the Department of Agriculture or the Arkansas State Game and Fish Commission. (B) "Qualified prescribed burner" includes an individual who has successfully completed a prescribed burner training program in another state if the prescribed burner training program is recognized and approved by the department or commission.

(A) "Qualified prescribed burner" means an individual who has successfully completed a prescribed burner training program approved by the Department of Agriculture or the Arkansas State Game and Fish Commission.

(B) "Qualified prescribed burner" includes an individual who has successfully completed a prescribed burner training program in another state if the prescribed burner training program is recognized and approved by the department or commission.

Added by Act 2023, No. 695,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 15-76-314 — AR Code / Title 15 / Chapter 76 / Subchapter 3 / Section 15-76-314
Participation by owners and royalties
Status: in_force

(a) (1) Upon the establishment of a unit, each owner of an unleased interest in the unit shall elect within sixty (60) days from the effective date of the order establishing the unit either to participate affirmatively in the operation of the unit and the production of brine or to transfer his or her interest in the brine to the participating producers thereof upon such terms as are set forth in this section. (2) The election shall be made in writing to the operator as otherwise provided in the order establishing the unit, provided that, if no such written election is made within the sixty (60) days, the nonelecting owner shall be deemed to have transferred the nonelecting owner's interest to the operator as provided in this section. (b) If an owner of an unleased interest elects to participate, the owner shall pay the owner's share of the costs set forth in § 15-76-311 and agree to pay the owner's share of the additional costs to be incurred in the drilling, equipping, and operating of each completed well within the unit. (c) A participating owner in a brine production unit shall have the option, which shall be exercised at the time of the election to participate, either to: (1) Take the participating owner's just and equitable share of the brine produced from the unit in kind and, if required by the Oil and Gas Commission, return it, after the participating owner's use, to disposal wells within the unit; or (2) Receive the value of the participating owner's just and equitable share of the brine produced from the unit. (d) A participating owner in a brine expansion unit containing one (1) or more production wells shall have the option, which shall be exercised at the time of the election to participate, either to: (1) Take the participating owner's just and equitable share of brine produced from the brine expansion unit in kind and, if required by the commission, return it, after the participating owner's use, to injection wells within the brine expansion unit or injection wells within the adjacent brine production unit; or (2) Receive the value of the participating owner's just and equitable share of the brine produced from the participating owner's unit. (e) A participating owner in a brine expansion unit containing only one (1) or more injection wells shall have the option, which shall be exercised at the time of the election to participate, either to: (1) (A) Take in kind the participating owner's just and equitable share of brine produced from a production well of his or her choice in the adjacent brine production unit. (B) However, the commission may require the participating owner to return the brine, after the participating owner's use, to injection wells within the adjacent brine production unit or injection wells within the brine expansion unit; or (2) Receive the equivalent value of the participating owner's just and equitable share of brine based on the average production of brine from all production wells in the adjacent brine production unit. (f) (1) If, at any time or for any reason, an owner who has elected to participate defaults in any payments due and owing to the operator or by written notice manifests his or her intention to withdraw from active participation, the owner shall be deemed to have transferred all of his or her interests and rights in the unit to the operator for a reasonable consideration and on a reasonable basis which, in the absence of agreement between the parties, shall be determined by the commission, that, in addition to the other consideration granted to the operator, shall assess a penalty against the owner. (2) The transfer may be either a permanent transfer or may be for a limited period pending recoupment by the operator out of the share of production attributable to the interest so transferred of an amount equal to those costs that would have been borne by the transferring party had he or she continued to participate in the operations conducted pursuant to the plan of development plus an additional sum to be fixed by the commission. (g) (1) If an owner elects not to participate affirmatively in the development of the unit and the production of brine, he or she shall be deemed to have transferred his or her right to produce brine to the operator for the period of time for which the unit is operative for a reasonable consideration and on a reasonable basis which, in the absence of agreement between the parties, shall be determined by the commission. (2) Any transfer, the terms of which are established by the commission, shall be either a permanent transfer or a transfer for a limited period pending recoupment by the operator, from the nonparticipating owner's just and equitable share of brine production, of an amount equal to those costs which the nonparticipating owner would have borne had he or she elected to participate affirmatively in the development of the unit and the production of brine plus an additional amount assessed as a risk factor by the commission. (h) Each owner of an unleased interest in a brine production unit shall be deemed to be the owner of a royalty interest equal to one-eighth (1/8) of the value of his or her just and equitable share of the brine produced from the unit, and the royalty interest shall not be chargeable with any of the costs of the development and operation of the unit. (i) Each owner of an unleased interest in a brine expansion unit containing one (1) or more production wells shall be deemed to be the owner of a royalty interest equal to one-eighth (1/8) of the value of the owner's just and equitable share of the brine produced from the brine expansion unit, and the royalty interest shall not be chargeable with any of the costs of the development and operation of the brine expansion unit. (j) Each owner of an unleased interest in a brine expansion unit containing only one (1) or more injection wells shall be deemed to be the owner of a royalty interest equal to one-eighth (1/8) of the value of the owner's just and equitable share of brine based on the average production of brine from all production wells in the adjacent brine production unit, and the royalty interest shall not be chargeable with any of the costs of the development and operation of the brine expansion unit. (k) The provisions of this section shall not alter, modify, or otherwise amend the terms of any lease or agreement with respect to payments of royalty or in lieu of royalty in force and effect as of July 20, 1979, or which may be executed after that date. Amended by Act 2015, No. 89,§ 6, eff. 2/13/2015. Acts 1979, No. 937, § 7; A.S.A. 1947, § 53-1307.

(a) (1) Upon the establishment of a unit, each owner of an unleased interest in the unit shall elect within sixty (60) days from the effective date of the order establishing the unit either to participate affirmatively in the operation of the unit and the production of brine or to transfer his or her interest in the brine to the participating producers thereof upon such terms as are set forth in this section. (2) The election shall be made in writing to the operator as otherwise provided in the order establishing the unit, provided that, if no such written election is made within the sixty (60) days, the nonelecting owner shall be deemed to have transferred the nonelecting owner's interest to the operator as provided in this section.

(1) Upon the establishment of a unit, each owner of an unleased interest in the unit shall elect within sixty (60) days from the effective date of the order establishing the unit either to participate affirmatively in the operation of the unit and the production of brine or to transfer his or her interest in the brine to the participating producers thereof upon such terms as are set forth in this section.

(2) The election shall be made in writing to the operator as otherwise provided in the order establishing the unit, provided that, if no such written election is made within the sixty (60) days, the nonelecting owner shall be deemed to have transferred the nonelecting owner's interest to the operator as provided in this section.

(b) If an owner of an unleased interest elects to participate, the owner shall pay the owner's share of the costs set forth in § 15-76-311 and agree to pay the owner's share of the additional costs to be incurred in the drilling, equipping, and operating of each completed well within the unit.

(c) A participating owner in a brine production unit shall have the option, which shall be exercised at the time of the election to participate, either to: (1) Take the participating owner's just and equitable share of the brine produced from the unit in kind and, if required by the Oil and Gas Commission, return it, after the participating owner's use, to disposal wells within the unit; or (2) Receive the value of the participating owner's just and equitable share of the brine produced from the unit.

(1) Take the participating owner's just and equitable share of the brine produced from the unit in kind and, if required by the Oil and Gas Commission, return it, after the participating owner's use, to disposal wells within the unit; or

(2) Receive the value of the participating owner's just and equitable share of the brine produced from the unit.

(d) A participating owner in a brine expansion unit containing one (1) or more production wells shall have the option, which shall be exercised at the time of the election to participate, either to: (1) Take the participating owner's just and equitable share of brine produced from the brine expansion unit in kind and, if required by the commission, return it, after the participating owner's use, to injection wells within the brine expansion unit or injection wells within the adjacent brine production unit; or (2) Receive the value of the participating owner's just and equitable share of the brine produced from the participating owner's unit.

(1) Take the participating owner's just and equitable share of brine produced from the brine expansion unit in kind and, if required by the commission, return it, after the participating owner's use, to injection wells within the brine expansion unit or injection wells within the adjacent brine production unit; or

(2) Receive the value of the participating owner's just and equitable share of the brine produced from the participating owner's unit.

(e) A participating owner in a brine expansion unit containing only one (1) or more injection wells shall have the option, which shall be exercised at the time of the election to participate, either to: (1) (A) Take in kind the participating owner's just and equitable share of brine produced from a production well of his or her choice in the adjacent brine production unit. (B) However, the commission may require the participating owner to return the brine, after the participating owner's use, to injection wells within the adjacent brine production unit or injection wells within the brine expansion unit; or (2) Receive the equivalent value of the participating owner's just and equitable share of brine based on the average production of brine from all production wells in the adjacent brine production unit.

(1) (A) Take in kind the participating owner's just and equitable share of brine produced from a production well of his or her choice in the adjacent brine production unit. (B) However, the commission may require the participating owner to return the brine, after the participating owner's use, to injection wells within the adjacent brine production unit or injection wells within the brine expansion unit; or

(A) Take in kind the participating owner's just and equitable share of brine produced from a production well of his or her choice in the adjacent brine production unit.

(B) However, the commission may require the participating owner to return the brine, after the participating owner's use, to injection wells within the adjacent brine production unit or injection wells within the brine expansion unit; or

(2) Receive the equivalent value of the participating owner's just and equitable share of brine based on the average production of brine from all production wells in the adjacent brine production unit.

(f) (1) If, at any time or for any reason, an owner who has elected to participate defaults in any payments due and owing to the operator or by written notice manifests his or her intention to withdraw from active participation, the owner shall be deemed to have transferred all of his or her interests and rights in the unit to the operator for a reasonable consideration and on a reasonable basis which, in the absence of agreement between the parties, shall be determined by the commission, that, in addition to the other consideration granted to the operator, shall assess a penalty against the owner. (2) The transfer may be either a permanent transfer or may be for a limited period pending recoupment by the operator out of the share of production attributable to the interest so transferred of an amount equal to those costs that would have been borne by the transferring party had he or she continued to participate in the operations conducted pursuant to the plan of development plus an additional sum to be fixed by the commission.

(1) If, at any time or for any reason, an owner who has elected to participate defaults in any payments due and owing to the operator or by written notice manifests his or her intention to withdraw from active participation, the owner shall be deemed to have transferred all of his or her interests and rights in the unit to the operator for a reasonable consideration and on a reasonable basis which, in the absence of agreement between the parties, shall be determined by the commission, that, in addition to the other consideration granted to the operator, shall assess a penalty against the owner.

(2) The transfer may be either a permanent transfer or may be for a limited period pending recoupment by the operator out of the share of production attributable to the interest so transferred of an amount equal to those costs that would have been borne by the transferring party had he or she continued to participate in the operations conducted pursuant to the plan of development plus an additional sum to be fixed by the commission.

(g) (1) If an owner elects not to participate affirmatively in the development of the unit and the production of brine, he or she shall be deemed to have transferred his or her right to produce brine to the operator for the period of time for which the unit is operative for a reasonable consideration and on a reasonable basis which, in the absence of agreement between the parties, shall be determined by the commission. (2) Any transfer, the terms of which are established by the commission, shall be either a permanent transfer or a transfer for a limited period pending recoupment by the operator, from the nonparticipating owner's just and equitable share of brine production, of an amount equal to those costs which the nonparticipating owner would have borne had he or she elected to participate affirmatively in the development of the unit and the production of brine plus an additional amount assessed as a risk factor by the commission.

(1) If an owner elects not to participate affirmatively in the development of the unit and the production of brine, he or she shall be deemed to have transferred his or her right to produce brine to the operator for the period of time for which the unit is operative for a reasonable consideration and on a reasonable basis which, in the absence of agreement between the parties, shall be determined by the commission.

(2) Any transfer, the terms of which are established by the commission, shall be either a permanent transfer or a transfer for a limited period pending recoupment by the operator, from the nonparticipating owner's just and equitable share of brine production, of an amount equal to those costs which the nonparticipating owner would have borne had he or she elected to participate affirmatively in the development of the unit and the production of brine plus an additional amount assessed as a risk factor by the commission.

(h) Each owner of an unleased interest in a brine production unit shall be deemed to be the owner of a royalty interest equal to one-eighth (1/8) of the value of his or her just and equitable share of the brine produced from the unit, and the royalty interest shall not be chargeable with any of the costs of the development and operation of the unit.

(i) Each owner of an unleased interest in a brine expansion unit containing one (1) or more production wells shall be deemed to be the owner of a royalty interest equal to one-eighth (1/8) of the value of the owner's just and equitable share of the brine produced from the brine expansion unit, and the royalty interest shall not be chargeable with any of the costs of the development and operation of the brine expansion unit.

(j) Each owner of an unleased interest in a brine expansion unit containing only one (1) or more injection wells shall be deemed to be the owner of a royalty interest equal to one-eighth (1/8) of the value of the owner's just and equitable share of brine based on the average production of brine from all production wells in the adjacent brine production unit, and the royalty interest shall not be chargeable with any of the costs of the development and operation of the brine expansion unit.

(k) The provisions of this section shall not alter, modify, or otherwise amend the terms of any lease or agreement with respect to payments of royalty or in lieu of royalty in force and effect as of July 20, 1979, or which may be executed after that date.

Amended by Act 2015, No. 89,§ 6, eff. 2/13/2015.

Acts 1979, No. 937, § 7; A.S.A. 1947, § 53-1307.
Ark. Code Ann. § 15-71-117 — AR Code / Title 15 / Chapter 71 / Section 15-71-117
Fees - Exploration and production fluid transportation system - Natural gas pipeline system operator
Status: in_force

(a) Each application submitted by an operator of an exploration and production fluid transportation system equipped for carrying or pulling a transportation tank as defined by the Oil and Gas Commission's General Rules and Regulations, Rule E-3 shall be accompanied by an application fee for each transportation tank as determined by the Oil and Gas Commission in an amount not to exceed one hundred dollars ($100). (b) Each application by a pipeline operator to construct or operate a jurisdictional pipeline system as defined by the Oil and Gas Commission's General Rules and Regulations, Rule D-17 shall be accompanied by a permit fee as determined by the commission in an amount not to exceed five thousand dollars ($5,000). (c) (1) Each application for a hearing shall be accompanied by a fee as determined by the commission in an amount up to two dollars ($2.00) for each person whose address is provided by the applicant and the applicant has identified in the application or requested to receive a copy of the order from the hearing under the Oil and Gas Commission's General Rules Rule A-2(a)(5). (2) Subdivision (c)(1) of this section shall not apply to an application filed by the commission. (d) The fees collected under subsections (a)-(c) of this section are cash funds of the commission to use in any manner permissible under law. Amended by Act 2019, No. 315,§ 1233, eff. 7/24/2019. Added by Act 2013, No. 1466,§ 1, eff. 8/16/2013.

(a) Each application submitted by an operator of an exploration and production fluid transportation system equipped for carrying or pulling a transportation tank as defined by the Oil and Gas Commission's General Rules and Regulations, Rule E-3 shall be accompanied by an application fee for each transportation tank as determined by the Oil and Gas Commission in an amount not to exceed one hundred dollars ($100).

(b) Each application by a pipeline operator to construct or operate a jurisdictional pipeline system as defined by the Oil and Gas Commission's General Rules and Regulations, Rule D-17 shall be accompanied by a permit fee as determined by the commission in an amount not to exceed five thousand dollars ($5,000).

(c) (1) Each application for a hearing shall be accompanied by a fee as determined by the commission in an amount up to two dollars ($2.00) for each person whose address is provided by the applicant and the applicant has identified in the application or requested to receive a copy of the order from the hearing under the Oil and Gas Commission's General Rules Rule A-2(a)(5). (2) Subdivision (c)(1) of this section shall not apply to an application filed by the commission.

(1) Each application for a hearing shall be accompanied by a fee as determined by the commission in an amount up to two dollars ($2.00) for each person whose address is provided by the applicant and the applicant has identified in the application or requested to receive a copy of the order from the hearing under the Oil and Gas Commission's General Rules Rule A-2(a)(5).

(2) Subdivision (c)(1) of this section shall not apply to an application filed by the commission.

(d) The fees collected under subsections (a)-(c) of this section are cash funds of the commission to use in any manner permissible under law.

Amended by Act 2019, No. 315,§ 1233, eff. 7/24/2019.

Added by Act 2013, No. 1466,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 15-4-1703 — AR Code / Title 15 / Chapter 4 / Subchapter 17 / Section 15-4-1703
Powers and duties of the Arkansas Economic Development Commission
Status: in_force

The Arkansas Economic Development Commission shall administer the provisions of this subchapter and shall have the following powers and duties, in addition to those mentioned in this subchapter and in other laws of this state: (1) To monitor the implementation and operation of this subchapter and to conduct a continuing evaluation of the progress made; (2) To assist the governing authority in obtaining assistance from any other department of state government, including assistance in providing training and technical assistance to new businesses and industries; (3) To assist any employer or prospective employer with a qualifying project in obtaining the benefits of any incentive or inducement program authorized by state law; (4) To act as a liaison between other state agencies and businesses and industries to assure that both the spirit and the intent of this subchapter are met; (5) To submit an annual written report evaluating the effectiveness of the program and presenting any suggestions for improving the program, to be submitted to the Governor no later than March 1 of each year; and (6) To promulgate rules, in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., necessary to carry out the provisions of this subchapter. Amended by Act 2019, No. 315,§ 1067, eff. 7/24/2019. Acts 1993, No. 947, § 3; 1999, No. 1130, § 3.

The Arkansas Economic Development Commission shall administer the provisions of this subchapter and shall have the following powers and duties, in addition to those mentioned in this subchapter and in other laws of this state:

(1) To monitor the implementation and operation of this subchapter and to conduct a continuing evaluation of the progress made;

(2) To assist the governing authority in obtaining assistance from any other department of state government, including assistance in providing training and technical assistance to new businesses and industries;

(3) To assist any employer or prospective employer with a qualifying project in obtaining the benefits of any incentive or inducement program authorized by state law;

(4) To act as a liaison between other state agencies and businesses and industries to assure that both the spirit and the intent of this subchapter are met;

(5) To submit an annual written report evaluating the effectiveness of the program and presenting any suggestions for improving the program, to be submitted to the Governor no later than March 1 of each year; and

(6) To promulgate rules, in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., necessary to carry out the provisions of this subchapter.

Amended by Act 2019, No. 315,§ 1067, eff. 7/24/2019.

Acts 1993, No. 947, § 3; 1999, No. 1130, § 3.
Ark. Code Ann. § 15-5-901 — AR Code / Title 15 / Chapter 5 / Subchapter 9 / Section 15-5-901
Fund - Establishment - Uses - Accounts
Status: in_force

(a) (1) (A) There is established on the books of the Arkansas Natural Resources Commission a special restricted fund to be known as the "Construction Assistance Revolving Loan Fund". (B) The Construction Assistance Revolving Loan Fund shall be maintained in perpetuity and administered by the commission for the purposes stated in this subchapter. (2) Grants from the United States Government or its agencies allotted to the state for capitalization of the Construction Assistance Revolving Loan Fund, state matching grants when required, proceeds of bonds issued by the commission or the Arkansas Development Finance Authority for capitalization of the Construction Assistance Revolving Loan Fund, principal, interest, and premiums on loans provided, and bonds, notes, and other evidences of indebtedness purchased with moneys in the Construction Assistance Revolving Loan Fund shall be deposited into the Construction Assistance Revolving Loan Fund. (3) The commission may deposit loans made to and bonds, notes, and other evidences of indebtedness issued by local governmental entities and other owners of environmental projects to finance or refinance the planning, design, acquisition, construction, expansion, equipping, rehabilitation, or consolidation of wastewater systems, water systems, solid and hazardous waste facilities, recycling facilities, nonpoint source management facilities, wetlands conservation and management facilities, and other environmental projects or parts of environmental projects into the Construction Assistance Revolving Loan Fund. (b) Moneys in the Construction Assistance Revolving Loan Fund shall be expended in a manner consistent with the terms and conditions of applicable federal and state capitalization grants and may be used: (1) To provide loans for the planning, design, acquisition, construction, expansion, equipping, rehabilitation, consolidation, or refinancing of wastewater systems, water systems, solid and hazardous waste facilities, recycling facilities, nonpoint source management facilities, wetlands conservation and management facilities, and other environmental projects or parts of environmental projects; (2) Subject to the provisions of subsection (c) of this section and subject to the approval of the commission, to secure the payment of the principal of and premium, if any, and interest on and to pay costs incurred in connection with bonds issued by the commission or the authority, if proceeds of the bonds are deposited into the Construction Assistance Revolving Loan Fund Account; (3) To purchase bonds, notes, or other evidences of indebtedness issued by local governmental entities to finance or refinance the planning, design, acquisition, construction, expansion, equipping, rehabilitation, or consolidation of wastewater systems, water systems, solid and hazardous waste facilities, recycling facilities, nonpoint source management facilities, wetlands conservation and management facilities, and other environmental projects or parts of environmental projects; (4) To fund other wastewater system programs, water system programs, solid and hazardous waste facilities programs, recycling programs, nonpoint source management facilities, wetlands conservation and management facilities, and other environmental programs that the federal or state government may allow in the future; (5) To fund the administrative expenses of the commission relating to the responsibilities and requirements of this subchapter and the federal environmental acts as defined in § 15-5-909 ; (6) To provide for any other expenditures consistent with applicable federal and state law; (7) To provide loans to prospective and actual purchasers of abandoned industrial, commercial, or agricultural sites for assessments, investigations, and remedial actions pursuant to § 8-7-1101 ; (8) To pay the principal of and premium, if any, and interest on and to pay costs incurred in connection with bonds issued by the commission or the authority, if proceeds of the bonds are deposited into the Construction Assistance Revolving Loan Fund Account; (9) To make grants or loans to the Safe Drinking Water Fund established by § 15-22-1102 in amounts approved by the commission, consistent with applicable federal law; (10) Subject to the provisions of subsection (c) of this section and subject to the approval of the commission, to secure the payment of the principal of and premium, if any, and interest on bonds issued by the commission or the authority, if proceeds of the bonds are deposited into the Drinking Water State Revolving Loan Fund Account established by § 15-22-1102 , consistent with applicable federal law; (11) Subject to subsection (c) of this section and the approval of the commission, to pay the principal of and premium, if any, and interest on and to pay costs incurred in connection with bonds issued by the commission or the authority, if proceeds of the bonds are deposited into the Drinking Water State Revolving Loan Fund Account established by § 15-22-1102 , consistent with applicable federal law; or (12) (A) To make grants for the planning, design, acquisition, construction, expansion, equipping, rehabilitation, or consolidation of wastewater systems, water systems, solid and hazardous waste facilities, recycling facilities, nonpoint source management facilities, wetlands conservation and management facilities, and other environmental projects or parts of environmental projects. (B) However, grants shall be made only from moneys in the Construction Assistance Revolving Loan Fund provided by the United States Government under the Clean Water Act to provide additional subsidization to eligible recipients in the form of forgiveness of principal, negative interest loans, or grants or any combination of forgiveness of principal, negative interest loans, or grants. (c) (1) There is established a separate account within the Construction Assistance Revolving Loan Fund, designated the "State Grants Account", into which moneys appropriated by the state for deposit into the Construction Assistance Revolving Loan Fund shall be deposited. (2) (A) Moneys in the State Grants Account may be expended for the same purposes as other moneys in the Construction Assistance Revolving Loan Fund. (B) However, moneys in the State Grants Account shall never be pledged to the payment of or as security for any bonds issued by the commission or the authority. (d) (1) There is established a separate account within the Construction Assistance Revolving Loan Fund, designated the "Remedial Action Account", into which moneys identified in § 8-7-504(c) and any other moneys as designated by the Director of the Division of Environmental Quality shall be deposited. (2) Moneys in the Remedial Action Account may be expended as authorized in § 8-7-1101 and for the same purposes as other moneys in the Construction Assistance Revolving Loan Fund. (e) (1) There is established a separate account within the Construction Assistance Revolving Loan Fund, designated the "Construction Assistance Administrative Account", into which shall be deposited: (A) Moneys provided by the United States Government under the federal environmental acts for the purpose of administering programs funded by the federal environmental acts; and (B) Fees under § 15-5-904 . (2) Moneys in the Construction Assistance Administrative Account may be expended by the commission for administrative costs of programs funded by the federal environmental acts. (3) Moneys in the Construction Assistance Administrative Account shall never be pledged to the payment of or as security for any bonds issued by the authority or the commission. (f) (1) There is established a separate account within the Construction Assistance Revolving Loan Fund, designated the "Construction Assistance Revolving Loan Fund Account", into which shall be deposited moneys provided by: (A) The United States Government under the federal environmental acts; (B) Proceeds of bonds issued by the commission or the authority; and (C) Other amounts, excluding state appropriations, received under § 15-5-903 for the purpose of providing financial assistance to local governmental entities and other owners of environmental projects in connection with the planning, design, acquisition, construction, expansion, equipping, or rehabilitation of wastewater systems, water systems, solid and hazardous waste facilities, recycling facilities, nonpoint source management facilities, wetlands conservation and management facilities, and other environmental projects or parts of environmental projects. (2) Moneys in the Construction Assistance Revolving Loan Fund Account may also be expended for the purposes set forth in subdivisions (b)(1)-(5) and (b)(7)-(12) of this section. (g) The commission may establish and maintain additional accounts within the Construction Assistance Revolving Loan Fund or subaccounts within the accounts established by this section. (h) The commission shall maintain the Construction Assistance Revolving Loan Fund at the authority or at one (1) or more financial institutions within or without the state. Amended by Act 2019, No. 910,§ 3043, eff. 7/1/2019. Acts 1991, No. 718, § 1; 1993, No. 833, § 1; 1997, No. 1042, §§ 6, 7; 1999, No. 1164, § 130; 2003, No. 548, § 2; 2009, No. 458, § 1.

(a) (1) (A) There is established on the books of the Arkansas Natural Resources Commission a special restricted fund to be known as the "Construction Assistance Revolving Loan Fund". (B) The Construction Assistance Revolving Loan Fund shall be maintained in perpetuity and administered by the commission for the purposes stated in this subchapter. (2) Grants from the United States Government or its agencies allotted to the state for capitalization of the Construction Assistance Revolving Loan Fund, state matching grants when required, proceeds of bonds issued by the commission or the Arkansas Development Finance Authority for capitalization of the Construction Assistance Revolving Loan Fund, principal, interest, and premiums on loans provided, and bonds, notes, and other evidences of indebtedness purchased with moneys in the Construction Assistance Revolving Loan Fund shall be deposited into the Construction Assistance Revolving Loan Fund. (3) The commission may deposit loans made to and bonds, notes, and other evidences of indebtedness issued by local governmental entities and other owners of environmental projects to finance or refinance the planning, design, acquisition, construction, expansion, equipping, rehabilitation, or consolidation of wastewater systems, water systems, solid and hazardous waste facilities, recycling facilities, nonpoint source management facilities, wetlands conservation and management facilities, and other environmental projects or parts of environmental projects into the Construction Assistance Revolving Loan Fund.

(1) (A) There is established on the books of the Arkansas Natural Resources Commission a special restricted fund to be known as the "Construction Assistance Revolving Loan Fund". (B) The Construction Assistance Revolving Loan Fund shall be maintained in perpetuity and administered by the commission for the purposes stated in this subchapter.

(A) There is established on the books of the Arkansas Natural Resources Commission a special restricted fund to be known as the "Construction Assistance Revolving Loan Fund".

(B) The Construction Assistance Revolving Loan Fund shall be maintained in perpetuity and administered by the commission for the purposes stated in this subchapter.

(2) Grants from the United States Government or its agencies allotted to the state for capitalization of the Construction Assistance Revolving Loan Fund, state matching grants when required, proceeds of bonds issued by the commission or the Arkansas Development Finance Authority for capitalization of the Construction Assistance Revolving Loan Fund, principal, interest, and premiums on loans provided, and bonds, notes, and other evidences of indebtedness purchased with moneys in the Construction Assistance Revolving Loan Fund shall be deposited into the Construction Assistance Revolving Loan Fund.

(3) The commission may deposit loans made to and bonds, notes, and other evidences of indebtedness issued by local governmental entities and other owners of environmental projects to finance or refinance the planning, design, acquisition, construction, expansion, equipping, rehabilitation, or consolidation of wastewater systems, water systems, solid and hazardous waste facilities, recycling facilities, nonpoint source management facilities, wetlands conservation and management facilities, and other environmental projects or parts of environmental projects into the Construction Assistance Revolving Loan Fund.

(b) Moneys in the Construction Assistance Revolving Loan Fund shall be expended in a manner consistent with the terms and conditions of applicable federal and state capitalization grants and may be used: (1) To provide loans for the planning, design, acquisition, construction, expansion, equipping, rehabilitation, consolidation, or refinancing of wastewater systems, water systems, solid and hazardous waste facilities, recycling facilities, nonpoint source management facilities, wetlands conservation and management facilities, and other environmental projects or parts of environmental projects; (2) Subject to the provisions of subsection (c) of this section and subject to the approval of the commission, to secure the payment of the principal of and premium, if any, and interest on and to pay costs incurred in connection with bonds issued by the commission or the authority, if proceeds of the bonds are deposited into the Construction Assistance Revolving Loan Fund Account; (3) To purchase bonds, notes, or other evidences of indebtedness issued by local governmental entities to finance or refinance the planning, design, acquisition, construction, expansion, equipping, rehabilitation, or consolidation of wastewater systems, water systems, solid and hazardous waste facilities, recycling facilities, nonpoint source management facilities, wetlands conservation and management facilities, and other environmental projects or parts of environmental projects; (4) To fund other wastewater system programs, water system programs, solid and hazardous waste facilities programs, recycling programs, nonpoint source management facilities, wetlands conservation and management facilities, and other environmental programs that the federal or state government may allow in the future; (5) To fund the administrative expenses of the commission relating to the responsibilities and requirements of this subchapter and the federal environmental acts as defined in § 15-5-909 ; (6) To provide for any other expenditures consistent with applicable federal and state law; (7) To provide loans to prospective and actual purchasers of abandoned industrial, commercial, or agricultural sites for assessments, investigations, and remedial actions pursuant to § 8-7-1101 ; (8) To pay the principal of and premium, if any, and interest on and to pay costs incurred in connection with bonds issued by the commission or the authority, if proceeds of the bonds are deposited into the Construction Assistance Revolving Loan Fund Account; (9) To make grants or loans to the Safe Drinking Water Fund established by § 15-22-1102 in amounts approved by the commission, consistent with applicable federal law; (10) Subject to the provisions of subsection (c) of this section and subject to the approval of the commission, to secure the payment of the principal of and premium, if any, and interest on bonds issued by the commission or the authority, if proceeds of the bonds are deposited into the Drinking Water State Revolving Loan Fund Account established by § 15-22-1102 , consistent with applicable federal law; (11) Subject to subsection (c) of this section and the approval of the commission, to pay the principal of and premium, if any, and interest on and to pay costs incurred in connection with bonds issued by the commission or the authority, if proceeds of the bonds are deposited into the Drinking Water State Revolving Loan Fund Account established by § 15-22-1102 , consistent with applicable federal law; or (12) (A) To make grants for the planning, design, acquisition, construction, expansion, equipping, rehabilitation, or consolidation of wastewater systems, water systems, solid and hazardous waste facilities, recycling facilities, nonpoint source management facilities, wetlands conservation and management facilities, and other environmental projects or parts of environmental projects. (B) However, grants shall be made only from moneys in the Construction Assistance Revolving Loan Fund provided by the United States Government under the Clean Water Act to provide additional subsidization to eligible recipients in the form of forgiveness of principal, negative interest loans, or grants or any combination of forgiveness of principal, negative interest loans, or grants.

(1) To provide loans for the planning, design, acquisition, construction, expansion, equipping, rehabilitation, consolidation, or refinancing of wastewater systems, water systems, solid and hazardous waste facilities, recycling facilities, nonpoint source management facilities, wetlands conservation and management facilities, and other environmental projects or parts of environmental projects;

(2) Subject to the provisions of subsection (c) of this section and subject to the approval of the commission, to secure the payment of the principal of and premium, if any, and interest on and to pay costs incurred in connection with bonds issued by the commission or the authority, if proceeds of the bonds are deposited into the Construction Assistance Revolving Loan Fund Account;

(3) To purchase bonds, notes, or other evidences of indebtedness issued by local governmental entities to finance or refinance the planning, design, acquisition, construction, expansion, equipping, rehabilitation, or consolidation of wastewater systems, water systems, solid and hazardous waste facilities, recycling facilities, nonpoint source management facilities, wetlands conservation and management facilities, and other environmental projects or parts of environmental projects;

(4) To fund other wastewater system programs, water system programs, solid and hazardous waste facilities programs, recycling programs, nonpoint source management facilities, wetlands conservation and management facilities, and other environmental programs that the federal or state government may allow in the future;

(5) To fund the administrative expenses of the commission relating to the responsibilities and requirements of this subchapter and the federal environmental acts as defined in § 15-5-909 ;

(6) To provide for any other expenditures consistent with applicable federal and state law;

(7) To provide loans to prospective and actual purchasers of abandoned industrial, commercial, or agricultural sites for assessments, investigations, and remedial actions pursuant to § 8-7-1101 ;

(8) To pay the principal of and premium, if any, and interest on and to pay costs incurred in connection with bonds issued by the commission or the authority, if proceeds of the bonds are deposited into the Construction Assistance Revolving Loan Fund Account;

(9) To make grants or loans to the Safe Drinking Water Fund established by § 15-22-1102 in amounts approved by the commission, consistent with applicable federal law;

(10) Subject to the provisions of subsection (c) of this section and subject to the approval of the commission, to secure the payment of the principal of and premium, if any, and interest on bonds issued by the commission or the authority, if proceeds of the bonds are deposited into the Drinking Water State Revolving Loan Fund Account established by § 15-22-1102 , consistent with applicable federal law;

(11) Subject to subsection (c) of this section and the approval of the commission, to pay the principal of and premium, if any, and interest on and to pay costs incurred in connection with bonds issued by the commission or the authority, if proceeds of the bonds are deposited into the Drinking Water State Revolving Loan Fund Account established by § 15-22-1102 , consistent with applicable federal law; or

(12) (A) To make grants for the planning, design, acquisition, construction, expansion, equipping, rehabilitation, or consolidation of wastewater systems, water systems, solid and hazardous waste facilities, recycling facilities, nonpoint source management facilities, wetlands conservation and management facilities, and other environmental projects or parts of environmental projects. (B) However, grants shall be made only from moneys in the Construction Assistance Revolving Loan Fund provided by the United States Government under the Clean Water Act to provide additional subsidization to eligible recipients in the form of forgiveness of principal, negative interest loans, or grants or any combination of forgiveness of principal, negative interest loans, or grants.

(A) To make grants for the planning, design, acquisition, construction, expansion, equipping, rehabilitation, or consolidation of wastewater systems, water systems, solid and hazardous waste facilities, recycling facilities, nonpoint source management facilities, wetlands conservation and management facilities, and other environmental projects or parts of environmental projects.

(B) However, grants shall be made only from moneys in the Construction Assistance Revolving Loan Fund provided by the United States Government under the Clean Water Act to provide additional subsidization to eligible recipients in the form of forgiveness of principal, negative interest loans, or grants or any combination of forgiveness of principal, negative interest loans, or grants.

(c) (1) There is established a separate account within the Construction Assistance Revolving Loan Fund, designated the "State Grants Account", into which moneys appropriated by the state for deposit into the Construction Assistance Revolving Loan Fund shall be deposited. (2) (A) Moneys in the State Grants Account may be expended for the same purposes as other moneys in the Construction Assistance Revolving Loan Fund. (B) However, moneys in the State Grants Account shall never be pledged to the payment of or as security for any bonds issued by the commission or the authority.

(1) There is established a separate account within the Construction Assistance Revolving Loan Fund, designated the "State Grants Account", into which moneys appropriated by the state for deposit into the Construction Assistance Revolving Loan Fund shall be deposited.

(2) (A) Moneys in the State Grants Account may be expended for the same purposes as other moneys in the Construction Assistance Revolving Loan Fund. (B) However, moneys in the State Grants Account shall never be pledged to the payment of or as security for any bonds issued by the commission or the authority.

(A) Moneys in the State Grants Account may be expended for the same purposes as other moneys in the Construction Assistance Revolving Loan Fund.

(B) However, moneys in the State Grants Account shall never be pledged to the payment of or as security for any bonds issued by the commission or the authority.

(d) (1) There is established a separate account within the Construction Assistance Revolving Loan Fund, designated the "Remedial Action Account", into which moneys identified in § 8-7-504(c) and any other moneys as designated by the Director of the Division of Environmental Quality shall be deposited. (2) Moneys in the Remedial Action Account may be expended as authorized in § 8-7-1101 and for the same purposes as other moneys in the Construction Assistance Revolving Loan Fund.

(1) There is established a separate account within the Construction Assistance Revolving Loan Fund, designated the "Remedial Action Account", into which moneys identified in § 8-7-504(c) and any other moneys as designated by the Director of the Division of Environmental Quality shall be deposited.

(2) Moneys in the Remedial Action Account may be expended as authorized in § 8-7-1101 and for the same purposes as other moneys in the Construction Assistance Revolving Loan Fund.

(e) (1) There is established a separate account within the Construction Assistance Revolving Loan Fund, designated the "Construction Assistance Administrative Account", into which shall be deposited: (A) Moneys provided by the United States Government under the federal environmental acts for the purpose of administering programs funded by the federal environmental acts; and (B) Fees under § 15-5-904 . (2) Moneys in the Construction Assistance Administrative Account may be expended by the commission for administrative costs of programs funded by the federal environmental acts. (3) Moneys in the Construction Assistance Administrative Account shall never be pledged to the payment of or as security for any bonds issued by the authority or the commission.

(1) There is established a separate account within the Construction Assistance Revolving Loan Fund, designated the "Construction Assistance Administrative Account", into which shall be deposited: (A) Moneys provided by the United States Government under the federal environmental acts for the purpose of administering programs funded by the federal environmental acts; and (B) Fees under § 15-5-904 .

(A) Moneys provided by the United States Government under the federal environmental acts for the purpose of administering programs funded by the federal environmental acts; and

(B) Fees under § 15-5-904 .

(2) Moneys in the Construction Assistance Administrative Account may be expended by the commission for administrative costs of programs funded by the federal environmental acts.

(3) Moneys in the Construction Assistance Administrative Account shall never be pledged to the payment of or as security for any bonds issued by the authority or the commission.

(f) (1) There is established a separate account within the Construction Assistance Revolving Loan Fund, designated the "Construction Assistance Revolving Loan Fund Account", into which shall be deposited moneys provided by: (A) The United States Government under the federal environmental acts; (B) Proceeds of bonds issued by the commission or the authority; and (C) Other amounts, excluding state appropriations, received under § 15-5-903 for the purpose of providing financial assistance to local governmental entities and other owners of environmental projects in connection with the planning, design, acquisition, construction, expansion, equipping, or rehabilitation of wastewater systems, water systems, solid and hazardous waste facilities, recycling facilities, nonpoint source management facilities, wetlands conservation and management facilities, and other environmental projects or parts of environmental projects. (2) Moneys in the Construction Assistance Revolving Loan Fund Account may also be expended for the purposes set forth in subdivisions (b)(1)-(5) and (b)(7)-(12) of this section.

(1) There is established a separate account within the Construction Assistance Revolving Loan Fund, designated the "Construction Assistance Revolving Loan Fund Account", into which shall be deposited moneys provided by: (A) The United States Government under the federal environmental acts; (B) Proceeds of bonds issued by the commission or the authority; and (C) Other amounts, excluding state appropriations, received under § 15-5-903 for the purpose of providing financial assistance to local governmental entities and other owners of environmental projects in connection with the planning, design, acquisition, construction, expansion, equipping, or rehabilitation of wastewater systems, water systems, solid and hazardous waste facilities, recycling facilities, nonpoint source management facilities, wetlands conservation and management facilities, and other environmental projects or parts of environmental projects.

(A) The United States Government under the federal environmental acts;

(B) Proceeds of bonds issued by the commission or the authority; and

(C) Other amounts, excluding state appropriations, received under § 15-5-903 for the purpose of providing financial assistance to local governmental entities and other owners of environmental projects in connection with the planning, design, acquisition, construction, expansion, equipping, or rehabilitation of wastewater systems, water systems, solid and hazardous waste facilities, recycling facilities, nonpoint source management facilities, wetlands conservation and management facilities, and other environmental projects or parts of environmental projects.

(2) Moneys in the Construction Assistance Revolving Loan Fund Account may also be expended for the purposes set forth in subdivisions (b)(1)-(5) and (b)(7)-(12) of this section.

(g) The commission may establish and maintain additional accounts within the Construction Assistance Revolving Loan Fund or subaccounts within the accounts established by this section.

(h) The commission shall maintain the Construction Assistance Revolving Loan Fund at the authority or at one (1) or more financial institutions within or without the state.

Amended by Act 2019, No. 910,§ 3043, eff. 7/1/2019.

Acts 1991, No. 718, § 1; 1993, No. 833, § 1; 1997, No. 1042, §§ 6, 7; 1999, No. 1164, § 130; 2003, No. 548, § 2; 2009, No. 458, § 1.
Ark. Code Ann. § 15-10-304 — AR Code / Title 15 / Chapter 10 / Subchapter 3 / Section 15-10-304
Studying the need for changes in law
Status: in_force

(a) Each of the following departments and agencies of state government is directed to initiate and to pursue continuing studies as to the need, if any, for changes in the laws and rules administered by it that would arise from the presence within the state of special nuclear material and by-product material and from the operation herein of production facilities or utilization facilities. (b) On the basis of such studies, each of these departments and agencies is to make recommendations for the enactment of laws or amendments to laws administered by it and proposals for amendments to the rules issued by it, as may appear necessary and appropriate: (1) The State Board of Health, particularly as to hazards, if any, to the public health and safety; (2) The Division of Labor, particularly as to hazardous working conditions, if any; (3) The Workers' Compensation Commission, particularly as to the time and character of proof of claims of injuries and the extent of the compensation allowable therefor; (4) The Arkansas Department of Transportation, particularly as to the transportation of special nuclear material and by-product material on highways of the state; (5) The Arkansas Public Service Commission, particularly as to the transportation of special nuclear materials and by-product materials by common carriers not in interstate commerce and as to the participation by public utilities subject to its jurisdiction in projects looking to the development of production facilities or utilization facilities for industrial or commercial use; (6) The State Insurance Department, particularly as to the insurance of persons and property from hazards to life and property resulting from atomic development; (7) The Office of the State Geologist, particularly as to the hazards, if any, to the natural resources of the state, including wildlife, and as to the protection, if necessary, of rivers, streams, and airspace from pollution; and (8) Such other departments and agencies, including departments and agencies of political subdivisions of the state, as the Governor may direct and for the purposes specified by him or her. Amended by Act 2023, No. 697,§ 4, eff. 7/1/2023. Amended by Act 2019, No. 315,§ 1096, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5405, eff. 7/1/2019. Amended by Act 2017, No. 707,§ 33, eff. 8/1/2017. Acts 1957, No. 386, § 3; A.S.A. 1947, § 82-1403.

(a) Each of the following departments and agencies of state government is directed to initiate and to pursue continuing studies as to the need, if any, for changes in the laws and rules administered by it that would arise from the presence within the state of special nuclear material and by-product material and from the operation herein of production facilities or utilization facilities.

(b) On the basis of such studies, each of these departments and agencies is to make recommendations for the enactment of laws or amendments to laws administered by it and proposals for amendments to the rules issued by it, as may appear necessary and appropriate: (1) The State Board of Health, particularly as to hazards, if any, to the public health and safety; (2) The Division of Labor, particularly as to hazardous working conditions, if any; (3) The Workers' Compensation Commission, particularly as to the time and character of proof of claims of injuries and the extent of the compensation allowable therefor; (4) The Arkansas Department of Transportation, particularly as to the transportation of special nuclear material and by-product material on highways of the state; (5) The Arkansas Public Service Commission, particularly as to the transportation of special nuclear materials and by-product materials by common carriers not in interstate commerce and as to the participation by public utilities subject to its jurisdiction in projects looking to the development of production facilities or utilization facilities for industrial or commercial use; (6) The State Insurance Department, particularly as to the insurance of persons and property from hazards to life and property resulting from atomic development; (7) The Office of the State Geologist, particularly as to the hazards, if any, to the natural resources of the state, including wildlife, and as to the protection, if necessary, of rivers, streams, and airspace from pollution; and (8) Such other departments and agencies, including departments and agencies of political subdivisions of the state, as the Governor may direct and for the purposes specified by him or her.

(1) The State Board of Health, particularly as to hazards, if any, to the public health and safety;

(2) The Division of Labor, particularly as to hazardous working conditions, if any;

(3) The Workers' Compensation Commission, particularly as to the time and character of proof of claims of injuries and the extent of the compensation allowable therefor;

(4) The Arkansas Department of Transportation, particularly as to the transportation of special nuclear material and by-product material on highways of the state;

(5) The Arkansas Public Service Commission, particularly as to the transportation of special nuclear materials and by-product materials by common carriers not in interstate commerce and as to the participation by public utilities subject to its jurisdiction in projects looking to the development of production facilities or utilization facilities for industrial or commercial use;

(6) The State Insurance Department, particularly as to the insurance of persons and property from hazards to life and property resulting from atomic development;

(7) The Office of the State Geologist, particularly as to the hazards, if any, to the natural resources of the state, including wildlife, and as to the protection, if necessary, of rivers, streams, and airspace from pollution; and

(8) Such other departments and agencies, including departments and agencies of political subdivisions of the state, as the Governor may direct and for the purposes specified by him or her.

Amended by Act 2023, No. 697,§ 4, eff. 7/1/2023.

Amended by Act 2019, No. 315,§ 1096, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5405, eff. 7/1/2019.

Amended by Act 2017, No. 707,§ 33, eff. 8/1/2017.

Acts 1957, No. 386, § 3; A.S.A. 1947, § 82-1403.
Ark. Code Ann. § 15-4-201 — AR Code / Title 15 / Chapter 4 / Subchapter 2 / Section 15-4-201
Arkansas Economic Development Council - Creation
Status: in_force

There is created and established at the seat of government of this state a council to be known as the "Arkansas Economic Development Council". Amended by Act 2013, No. 1185,§ 1, eff. 8/16/2013. Acts 1955, No. 404, § 1 [2]; A.S.A. 1947, § 9-505; Acts 1997, No. 540, § 19; 2007, No. 1602, § 3.

There is created and established at the seat of government of this state a council to be known as the "Arkansas Economic Development Council".

Amended by Act 2013, No. 1185,§ 1, eff. 8/16/2013.

Acts 1955, No. 404, § 1 [2]; A.S.A. 1947, § 9-505; Acts 1997, No. 540, § 19; 2007, No. 1602, § 3.
Ark. Code Ann. § 15-57-403 — AR Code / Title 15 / Chapter 57 / Subchapter 4 / Section 15-57-403
Notification - Filing - Public notice and response
Status: in_force

(a) It shall be unlawful for any operator to engage in a quarrying operation without first submitting to the Division of Environmental Quality a notification of intent to quarry or a notification of reactivated quarry in accordance with this subchapter. The submittal, with returned receipt, shall enable the operator to begin or continue quarrying as long as the required reclamation bond is in force and proof of public notification is included. An operator shall be deemed to be quarrying from the time he or she begins start-up until reclamation is completed at the exhausted quarry. (b) Only new quarries or any land purchased or leased for a quarry after January 1, 1997, will be subject to this subchapter. (c) There will be no requirements for a notification of intent to be filed with the division for temporarily closed or exhausted quarries in existence prior to January 1, 1998. These quarries will be exempt from the requirements of this subchapter unless reactivated. (d) A new notification of intent to quarry shall be required if a change in the majority ownership of an operator occurs. (e) Representatives of the division may make regular site visits to quarry operations, as necessary, to determine compliance with the requirements of the operator's notification. On these visits the operator will make his or her quarry operation accessible to the division. (f) Upon receipt of notifications of intent, the division will have ninety (90) days to respond to the operator by certified mail to errors or omissions, or both, in the notifications. (g) On completion of a notification, the division will issue the operator a notice which will be posted on quarry premises at all times when the quarry is in operation and which will state: " Name of company has completed the requirements, as set out by the 'Arkansas Quarry Operation, Reclamation, and Safe Closure Act' of 1997, and has the unconditional authorization to quarry at this site, so long as the quarry is in compliance with all laws, rules, and regulations for up to five (5) years." (h) The division, upon finding the operator to be out of compliance with the requirements of his or her notification, may issue warnings, citations, and notices of default to the operator. (i) All filings and other communication will be by certified mail. (j) (1) (A) An operator will give notice to the public in a local newspaper of general circulation that he or she intends to open or reactivate a quarry. (B) (i) The notification will be part of an operator's intent and will be published in the newspaper at the same time the intent is filed with the division. (ii) Proof of publication shall be provided to the division in the operator's notice of intent. (C) The notification will indicate the approximate location of the quarry using section, township, and range plus a road address or identifiable local landmarks when possible, the date of start-up and the date the operator plans to temporarily close, if applicable, as well as the operator's name, address, phone number, and contact person. (D) The notification shall state that interested parties may contact the division for further information and that they have ten (10) days after publication of the notice to notify the division of any request for a public meeting. (2) (A) If the division receives at least five (5) requests for a public meeting from owners of property within one-half (1/2) mile of the quarry, it may require that the operator hold a public meeting. (B) This public meeting shall be held within two (2) weeks after the expiration of the ten-day public notice period. (C) This public meeting shall be held in a location near the proposed quarry to allow the public to discuss their interests with the operator prior to start-up. (3) (A) The operator will keep responses from the public on file for two (2) years. (B) The division will forward responses it receives to the operator. (4) The operator will keep a record of all action taken resulting from public responses for two (2) years, notifying the division of each action. Amended by Act 2019, No. 315,§ 1168, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3117, eff. 7/1/2019. Acts 1997, No. 1166, § 3; 1999, No. 1320, § 1.

(a) It shall be unlawful for any operator to engage in a quarrying operation without first submitting to the Division of Environmental Quality a notification of intent to quarry or a notification of reactivated quarry in accordance with this subchapter. The submittal, with returned receipt, shall enable the operator to begin or continue quarrying as long as the required reclamation bond is in force and proof of public notification is included. An operator shall be deemed to be quarrying from the time he or she begins start-up until reclamation is completed at the exhausted quarry.

(b) Only new quarries or any land purchased or leased for a quarry after January 1, 1997, will be subject to this subchapter.

(c) There will be no requirements for a notification of intent to be filed with the division for temporarily closed or exhausted quarries in existence prior to January 1, 1998. These quarries will be exempt from the requirements of this subchapter unless reactivated.

(d) A new notification of intent to quarry shall be required if a change in the majority ownership of an operator occurs.

(e) Representatives of the division may make regular site visits to quarry operations, as necessary, to determine compliance with the requirements of the operator's notification. On these visits the operator will make his or her quarry operation accessible to the division.

(f) Upon receipt of notifications of intent, the division will have ninety (90) days to respond to the operator by certified mail to errors or omissions, or both, in the notifications.

(g) On completion of a notification, the division will issue the operator a notice which will be posted on quarry premises at all times when the quarry is in operation and which will state: " Name of company has completed the requirements, as set out by the 'Arkansas Quarry Operation, Reclamation, and Safe Closure Act' of 1997, and has the unconditional authorization to quarry at this site, so long as the quarry is in compliance with all laws, rules, and regulations for up to five (5) years."

" Name of company has completed the requirements, as set out by the 'Arkansas Quarry Operation, Reclamation, and Safe Closure Act' of 1997, and has the unconditional authorization to quarry at this site, so long as the quarry is in compliance with all laws, rules, and regulations for up to five (5) years."

(h) The division, upon finding the operator to be out of compliance with the requirements of his or her notification, may issue warnings, citations, and notices of default to the operator.

(i) All filings and other communication will be by certified mail.

(j) (1) (A) An operator will give notice to the public in a local newspaper of general circulation that he or she intends to open or reactivate a quarry. (B) (i) The notification will be part of an operator's intent and will be published in the newspaper at the same time the intent is filed with the division. (ii) Proof of publication shall be provided to the division in the operator's notice of intent. (C) The notification will indicate the approximate location of the quarry using section, township, and range plus a road address or identifiable local landmarks when possible, the date of start-up and the date the operator plans to temporarily close, if applicable, as well as the operator's name, address, phone number, and contact person. (D) The notification shall state that interested parties may contact the division for further information and that they have ten (10) days after publication of the notice to notify the division of any request for a public meeting. (2) (A) If the division receives at least five (5) requests for a public meeting from owners of property within one-half (1/2) mile of the quarry, it may require that the operator hold a public meeting. (B) This public meeting shall be held within two (2) weeks after the expiration of the ten-day public notice period. (C) This public meeting shall be held in a location near the proposed quarry to allow the public to discuss their interests with the operator prior to start-up. (3) (A) The operator will keep responses from the public on file for two (2) years. (B) The division will forward responses it receives to the operator. (4) The operator will keep a record of all action taken resulting from public responses for two (2) years, notifying the division of each action.

(1) (A) An operator will give notice to the public in a local newspaper of general circulation that he or she intends to open or reactivate a quarry. (B) (i) The notification will be part of an operator's intent and will be published in the newspaper at the same time the intent is filed with the division. (ii) Proof of publication shall be provided to the division in the operator's notice of intent. (C) The notification will indicate the approximate location of the quarry using section, township, and range plus a road address or identifiable local landmarks when possible, the date of start-up and the date the operator plans to temporarily close, if applicable, as well as the operator's name, address, phone number, and contact person. (D) The notification shall state that interested parties may contact the division for further information and that they have ten (10) days after publication of the notice to notify the division of any request for a public meeting.

(A) An operator will give notice to the public in a local newspaper of general circulation that he or she intends to open or reactivate a quarry.

(B) (i) The notification will be part of an operator's intent and will be published in the newspaper at the same time the intent is filed with the division. (ii) Proof of publication shall be provided to the division in the operator's notice of intent.

(i) The notification will be part of an operator's intent and will be published in the newspaper at the same time the intent is filed with the division.

(ii) Proof of publication shall be provided to the division in the operator's notice of intent.

(C) The notification will indicate the approximate location of the quarry using section, township, and range plus a road address or identifiable local landmarks when possible, the date of start-up and the date the operator plans to temporarily close, if applicable, as well as the operator's name, address, phone number, and contact person.

(D) The notification shall state that interested parties may contact the division for further information and that they have ten (10) days after publication of the notice to notify the division of any request for a public meeting.

(2) (A) If the division receives at least five (5) requests for a public meeting from owners of property within one-half (1/2) mile of the quarry, it may require that the operator hold a public meeting. (B) This public meeting shall be held within two (2) weeks after the expiration of the ten-day public notice period. (C) This public meeting shall be held in a location near the proposed quarry to allow the public to discuss their interests with the operator prior to start-up.

(A) If the division receives at least five (5) requests for a public meeting from owners of property within one-half (1/2) mile of the quarry, it may require that the operator hold a public meeting.

(B) This public meeting shall be held within two (2) weeks after the expiration of the ten-day public notice period.

(C) This public meeting shall be held in a location near the proposed quarry to allow the public to discuss their interests with the operator prior to start-up.

(3) (A) The operator will keep responses from the public on file for two (2) years. (B) The division will forward responses it receives to the operator.

(A) The operator will keep responses from the public on file for two (2) years.

(B) The division will forward responses it receives to the operator.

(4) The operator will keep a record of all action taken resulting from public responses for two (2) years, notifying the division of each action.

Amended by Act 2019, No. 315,§ 1168, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3117, eff. 7/1/2019.

Acts 1997, No. 1166, § 3; 1999, No. 1320, § 1.