Ark. Code Ann. § 22-9-604 — AR Code / Title 22 / Chapter 9 / Subchapter 6 / Section 22-9-604
Procedure
Status: in_force

(a) (1) (A) In the case of a construction contract entered into between a public agency and a contractor who is required to furnish a performance and payment bond, the contractor shall be entitled to payment of ninety-five percent (95%) of the earned progress payments when due, with the public agency retaining five percent (5%) to assure faithful performance of the construction contract. (B) (i) A public agency may forego withholding retainage of the progress payments if: (a) The construction contract is fifty-percent (50%) complete; (b) The contractor has provided the work in a satisfactory manner; and (c) The design professional and public agency agree with and approve of subdivisions (a)(1)(B)(i) (a) and (b) of this section. (ii) This subdivision (a)(1)(B) does not prohibit a public agency from withholding retainage throughout the project. (2) If the construction contract allows for phased work in which completion may occur on a partial occupancy, any retention proceeds withheld and retained under this section shall be partially released within thirty (30) days under the same conditions under this section in direct proportion to the value of the part of the capital improvement completed. (b) (1) In the case of a construction subcontract entered into between a contractor for a public agency and a subcontractor who is required by the contractor to furnish a performance and payment bond, the subcontractor shall be entitled to payment of ninety-five percent (95%) of the earned progress payments when due, with the contractor retaining five percent (5%) to assure faithful performance of the construction subcontract. (2) Upon the approval of the contractor, if the subcontractor completes fifty percent (50%) of the construction subcontract the contractor shall not retain any further moneys. (c) All sums withheld by the public agency shall be paid to the contractor within thirty (30) days after the construction contract has been completed. (d) In the event the construction contract requires the contractor to purchase and furnish materials or equipment that will be stored on the job site or in a bonded warehouse by the contractor and used in the job as required by the construction contract, no retainage shall be withheld on that amount of the submitted progress payment pertaining to the cost of these stored materials or equipment. Amended by Act 2015, No. 866,§ 1, eff. 7/22/2015. Acts 1977, No. 235, §§ 2, 3; A.S.A. 1947, §§ 14-653.1, 14-653.2; Acts 2007, No. 471, § 3; 2009, No. 193, § 10.

(a) (1) (A) In the case of a construction contract entered into between a public agency and a contractor who is required to furnish a performance and payment bond, the contractor shall be entitled to payment of ninety-five percent (95%) of the earned progress payments when due, with the public agency retaining five percent (5%) to assure faithful performance of the construction contract. (B) (i) A public agency may forego withholding retainage of the progress payments if: (a) The construction contract is fifty-percent (50%) complete; (b) The contractor has provided the work in a satisfactory manner; and (c) The design professional and public agency agree with and approve of subdivisions (a)(1)(B)(i) (a) and (b) of this section. (ii) This subdivision (a)(1)(B) does not prohibit a public agency from withholding retainage throughout the project. (2) If the construction contract allows for phased work in which completion may occur on a partial occupancy, any retention proceeds withheld and retained under this section shall be partially released within thirty (30) days under the same conditions under this section in direct proportion to the value of the part of the capital improvement completed.

(1) (A) In the case of a construction contract entered into between a public agency and a contractor who is required to furnish a performance and payment bond, the contractor shall be entitled to payment of ninety-five percent (95%) of the earned progress payments when due, with the public agency retaining five percent (5%) to assure faithful performance of the construction contract. (B) (i) A public agency may forego withholding retainage of the progress payments if: (a) The construction contract is fifty-percent (50%) complete; (b) The contractor has provided the work in a satisfactory manner; and (c) The design professional and public agency agree with and approve of subdivisions (a)(1)(B)(i) (a) and (b) of this section. (ii) This subdivision (a)(1)(B) does not prohibit a public agency from withholding retainage throughout the project.

(A) In the case of a construction contract entered into between a public agency and a contractor who is required to furnish a performance and payment bond, the contractor shall be entitled to payment of ninety-five percent (95%) of the earned progress payments when due, with the public agency retaining five percent (5%) to assure faithful performance of the construction contract.

(B) (i) A public agency may forego withholding retainage of the progress payments if: (a) The construction contract is fifty-percent (50%) complete; (b) The contractor has provided the work in a satisfactory manner; and (c) The design professional and public agency agree with and approve of subdivisions (a)(1)(B)(i) (a) and (b) of this section. (ii) This subdivision (a)(1)(B) does not prohibit a public agency from withholding retainage throughout the project.

(i) A public agency may forego withholding retainage of the progress payments if: (a) The construction contract is fifty-percent (50%) complete; (b) The contractor has provided the work in a satisfactory manner; and (c) The design professional and public agency agree with and approve of subdivisions (a)(1)(B)(i) (a) and (b) of this section.

(a) The construction contract is fifty-percent (50%) complete;

(b) The contractor has provided the work in a satisfactory manner; and

(c) The design professional and public agency agree with and approve of subdivisions (a)(1)(B)(i) (a) and (b) of this section.

(ii) This subdivision (a)(1)(B) does not prohibit a public agency from withholding retainage throughout the project.

(2) If the construction contract allows for phased work in which completion may occur on a partial occupancy, any retention proceeds withheld and retained under this section shall be partially released within thirty (30) days under the same conditions under this section in direct proportion to the value of the part of the capital improvement completed.

(b) (1) In the case of a construction subcontract entered into between a contractor for a public agency and a subcontractor who is required by the contractor to furnish a performance and payment bond, the subcontractor shall be entitled to payment of ninety-five percent (95%) of the earned progress payments when due, with the contractor retaining five percent (5%) to assure faithful performance of the construction subcontract. (2) Upon the approval of the contractor, if the subcontractor completes fifty percent (50%) of the construction subcontract the contractor shall not retain any further moneys.

(1) In the case of a construction subcontract entered into between a contractor for a public agency and a subcontractor who is required by the contractor to furnish a performance and payment bond, the subcontractor shall be entitled to payment of ninety-five percent (95%) of the earned progress payments when due, with the contractor retaining five percent (5%) to assure faithful performance of the construction subcontract.

(2) Upon the approval of the contractor, if the subcontractor completes fifty percent (50%) of the construction subcontract the contractor shall not retain any further moneys.

(c) All sums withheld by the public agency shall be paid to the contractor within thirty (30) days after the construction contract has been completed.

(d) In the event the construction contract requires the contractor to purchase and furnish materials or equipment that will be stored on the job site or in a bonded warehouse by the contractor and used in the job as required by the construction contract, no retainage shall be withheld on that amount of the submitted progress payment pertaining to the cost of these stored materials or equipment.

Amended by Act 2015, No. 866,§ 1, eff. 7/22/2015.

Acts 1977, No. 235, §§ 2, 3; A.S.A. 1947, §§ 14-653.1, 14-653.2; Acts 2007, No. 471, § 3; 2009, No. 193, § 10.
Ark. Code Ann. § 22-4-107 — AR Code / Title 22 / Chapter 4 / Subchapter 1 / Section 22-4-107
Reservation of parks for public use
Status: in_force

(a) All parks acquired by the state shall forever be reserved and maintained by the state for the use and enjoyment of the public. (b) It shall be the duty of the State Parks, Recreation, and Travel Commission to preserve the parks in their natural condition so far as may be consistent with their use and safety and to improve them in such manner as not to lessen their natural, scenic, historic, and wildlife values. Acts 1937, No. 170, § 11; Pope's Dig., § 12317; A.S.A. 1947, § 9-607.

(a) All parks acquired by the state shall forever be reserved and maintained by the state for the use and enjoyment of the public.

(b) It shall be the duty of the State Parks, Recreation, and Travel Commission to preserve the parks in their natural condition so far as may be consistent with their use and safety and to improve them in such manner as not to lessen their natural, scenic, historic, and wildlife values.

Acts 1937, No. 170, § 11; Pope's Dig., § 12317; A.S.A. 1947, § 9-607.
Ark. Code Ann. § 22-3-1312 — AR Code / Title 22 / Chapter 3 / Subchapter 13 / Section 22-3-1312
Maintenance of physical facilities
Status: in_force

The Division of State Services for the Blind shall retain a portion of the proceeds derived from the vending stand program to be used for the benefit of maintaining the physical facilities of the vending stand program. The expenditures shall be limited to renovation of existing space, replacement of furniture or equipment, repairs, and other expenses necessary to maintain the vending stand program. Acts 1987, No. 1049, § 5.

The Division of State Services for the Blind shall retain a portion of the proceeds derived from the vending stand program to be used for the benefit of maintaining the physical facilities of the vending stand program. The expenditures shall be limited to renovation of existing space, replacement of furniture or equipment, repairs, and other expenses necessary to maintain the vending stand program.

Acts 1987, No. 1049, § 5.
Ark. Code Ann. § 22-5-405 — AR Code / Title 22 / Chapter 5 / Subchapter 4 / Section 22-5-405
Deeds to lands in lakes or rivers
Status: in_force

(a) The Commissioner of State Lands is empowered and authorized to execute deeds to lands described in § 22-5-404 to riparian owners upon application and the filing of proof of record ownership of adjacent lands and proof of proper survey of the lands, conveying all the right, title, and interest of the State of Arkansas to lands as have emerged or may emerge to the mean high-water mark of any such stream or lake. (b) All applicants for deeds under this section shall: (1) (A) Submit a completed application to the Commissioner of State Lands. (B) The Commissioner of State Lands shall develop the application and provide an application form in electronic format available online; (2) (A) Submit a survey of the land. (B) A survey of the land under subdivision (b)(2)(A) of this section shall: (i) Include field notes and plats; (ii) Be performed by a professional surveyor licensed by the State of Arkansas; and (iii) Be completed within the six-month period directly preceding the submission date of the application; and (3) (A) Submit the affidavits of three (3) competent persons having full personal knowledge of the facts. (B) Each affidavit under subdivision (b)(3)(A) of this section shall include without limitation statements that the applied-for lands: (i) Have emerged to the high-water mark; and (ii) Are capable of cultivation. (c) Upon receipt and verification of all submissions under subsection (b) of this section, the Commissioner of State Lands may issue the deed. (d) The Commissioner of State Lands shall promulgate rules under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., to carry out the duties of this section. Amended by Act 2023, No. 159,§ 1, eff. 8/1/2023. Acts 1945, No. 203, §§ 3, 4; A.S.A. 1947, §§ 10-206, 10-207.

(a) The Commissioner of State Lands is empowered and authorized to execute deeds to lands described in § 22-5-404 to riparian owners upon application and the filing of proof of record ownership of adjacent lands and proof of proper survey of the lands, conveying all the right, title, and interest of the State of Arkansas to lands as have emerged or may emerge to the mean high-water mark of any such stream or lake.

(b) All applicants for deeds under this section shall: (1) (A) Submit a completed application to the Commissioner of State Lands. (B) The Commissioner of State Lands shall develop the application and provide an application form in electronic format available online; (2) (A) Submit a survey of the land. (B) A survey of the land under subdivision (b)(2)(A) of this section shall: (i) Include field notes and plats; (ii) Be performed by a professional surveyor licensed by the State of Arkansas; and (iii) Be completed within the six-month period directly preceding the submission date of the application; and (3) (A) Submit the affidavits of three (3) competent persons having full personal knowledge of the facts. (B) Each affidavit under subdivision (b)(3)(A) of this section shall include without limitation statements that the applied-for lands: (i) Have emerged to the high-water mark; and (ii) Are capable of cultivation.

(1) (A) Submit a completed application to the Commissioner of State Lands. (B) The Commissioner of State Lands shall develop the application and provide an application form in electronic format available online;

(A) Submit a completed application to the Commissioner of State Lands.

(B) The Commissioner of State Lands shall develop the application and provide an application form in electronic format available online;

(2) (A) Submit a survey of the land. (B) A survey of the land under subdivision (b)(2)(A) of this section shall: (i) Include field notes and plats; (ii) Be performed by a professional surveyor licensed by the State of Arkansas; and (iii) Be completed within the six-month period directly preceding the submission date of the application; and

(A) Submit a survey of the land.

(B) A survey of the land under subdivision (b)(2)(A) of this section shall: (i) Include field notes and plats; (ii) Be performed by a professional surveyor licensed by the State of Arkansas; and (iii) Be completed within the six-month period directly preceding the submission date of the application; and

(i) Include field notes and plats;

(ii) Be performed by a professional surveyor licensed by the State of Arkansas; and

(iii) Be completed within the six-month period directly preceding the submission date of the application; and

(3) (A) Submit the affidavits of three (3) competent persons having full personal knowledge of the facts. (B) Each affidavit under subdivision (b)(3)(A) of this section shall include without limitation statements that the applied-for lands: (i) Have emerged to the high-water mark; and (ii) Are capable of cultivation.

(A) Submit the affidavits of three (3) competent persons having full personal knowledge of the facts.

(B) Each affidavit under subdivision (b)(3)(A) of this section shall include without limitation statements that the applied-for lands: (i) Have emerged to the high-water mark; and (ii) Are capable of cultivation.

(i) Have emerged to the high-water mark; and

(ii) Are capable of cultivation.

(c) Upon receipt and verification of all submissions under subsection (b) of this section, the Commissioner of State Lands may issue the deed.

(d) The Commissioner of State Lands shall promulgate rules under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., to carry out the duties of this section.

Amended by Act 2023, No. 159,§ 1, eff. 8/1/2023.

Acts 1945, No. 203, §§ 3, 4; A.S.A. 1947, §§ 10-206, 10-207.
Ark. Code Ann. § 22-9-101 — AR Code / Title 22 / Chapter 9 / Subchapter 1 / Section 22-9-101
Observation by registered professionals required
Status: in_force

(a) The state or a township, county, municipality, village, or other political subdivision of the state shall not engage in the capital improvement of public works involving engineering or architecture for which the plans, specifications, and estimates have not been made by and the capital improvement executed under the observation of a professional engineer as defined in § 17-30-101 or architect as defined in § 17-15-102 , in their respective areas of expertise. (b) Nothing in this section shall be held to apply to any public works wherein the contemplated capital improvement expenditure: (1) For an engineering project does not exceed fifty thousand dollars ($50,000); or (2) For an architectural project does not exceed two hundred fifty thousand dollars ($250,000). (c) This section does not apply to: (1) A school district, county, municipality, or township project that is planned and executed according to plans and specifications furnished by authorized state agencies; (2) (A) The design or construction of an unpaved trail project as defined under § 22-2-102 . (B) The State Parks, Recreation, and Travel Commission shall ensure that an unpaved trail project created under this subdivision (c)(2) meets the standards for observation by registered professionals as established by the Building Authority Division; or (3) Repair, alteration, and maintenance projects that do not exceed one hundred fifty thousand dollars ($150,000) and are undertaken, owned, operated, or otherwise managed by the Department of Parks, Heritage, and Tourism from the tax revenues received under Arkansas Constitution, Amendment 75, § 2, and appropriated for special maintenance to the State Parks Division. Amended by Act 2023, No. 666,§ 3, eff. 8/1/2023. (not implemented as expiration repealed by Act 2023, No. 239, § 1. Amended by Act 2023, No. 666,§ 2, eff. 8/1/2023. Amended by Act 2021, No. 568,§ 5, eff. 12/1/2023(providing for the expiration of amendments made by section 4). Expiration repealed by Act 2023, No. 239, § 1. Amended by Act 2021, No. 568,§ 4, eff. 7/28/2021. Amended by Act 2021, No. 440,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 6235, eff. 7/1/2019. Amended by Act 2018EX2, No. 12,§ 4, eff. 3/19/2018. Amended by Act 2018EX2, No. 5,§ 4, eff. 3/19/2018. Acts 1939, No. 335, §§ 1, 2; 1985, No. 321, § 1; A.S.A. 1947, §§ 14-601, 14-602; Acts 1993, No. 284, § 1; 1995, No. 1108, § 3; 2007, No. 471, § 1; 2011, No. 897, § 16. See Act 2021, No. 568, § 5. Repealed by Act 2023, No. 239, § 1

(a) The state or a township, county, municipality, village, or other political subdivision of the state shall not engage in the capital improvement of public works involving engineering or architecture for which the plans, specifications, and estimates have not been made by and the capital improvement executed under the observation of a professional engineer as defined in § 17-30-101 or architect as defined in § 17-15-102 , in their respective areas of expertise.

(b) Nothing in this section shall be held to apply to any public works wherein the contemplated capital improvement expenditure: (1) For an engineering project does not exceed fifty thousand dollars ($50,000); or (2) For an architectural project does not exceed two hundred fifty thousand dollars ($250,000).

(1) For an engineering project does not exceed fifty thousand dollars ($50,000); or

(2) For an architectural project does not exceed two hundred fifty thousand dollars ($250,000).

(c) This section does not apply to: (1) A school district, county, municipality, or township project that is planned and executed according to plans and specifications furnished by authorized state agencies; (2) (A) The design or construction of an unpaved trail project as defined under § 22-2-102 . (B) The State Parks, Recreation, and Travel Commission shall ensure that an unpaved trail project created under this subdivision (c)(2) meets the standards for observation by registered professionals as established by the Building Authority Division; or (3) Repair, alteration, and maintenance projects that do not exceed one hundred fifty thousand dollars ($150,000) and are undertaken, owned, operated, or otherwise managed by the Department of Parks, Heritage, and Tourism from the tax revenues received under Arkansas Constitution, Amendment 75, § 2, and appropriated for special maintenance to the State Parks Division.

(1) A school district, county, municipality, or township project that is planned and executed according to plans and specifications furnished by authorized state agencies;

(2) (A) The design or construction of an unpaved trail project as defined under § 22-2-102 . (B) The State Parks, Recreation, and Travel Commission shall ensure that an unpaved trail project created under this subdivision (c)(2) meets the standards for observation by registered professionals as established by the Building Authority Division; or

(A) The design or construction of an unpaved trail project as defined under § 22-2-102 .

(B) The State Parks, Recreation, and Travel Commission shall ensure that an unpaved trail project created under this subdivision (c)(2) meets the standards for observation by registered professionals as established by the Building Authority Division; or

(3) Repair, alteration, and maintenance projects that do not exceed one hundred fifty thousand dollars ($150,000) and are undertaken, owned, operated, or otherwise managed by the Department of Parks, Heritage, and Tourism from the tax revenues received under Arkansas Constitution, Amendment 75, § 2, and appropriated for special maintenance to the State Parks Division.

Amended by Act 2023, No. 666,§ 3, eff. 8/1/2023. (not implemented as expiration repealed by Act 2023, No. 239, § 1.

Amended by Act 2023, No. 666,§ 2, eff. 8/1/2023.

Amended by Act 2021, No. 568,§ 5, eff. 12/1/2023(providing for the expiration of amendments made by section 4). Expiration repealed by Act 2023, No. 239, § 1.

Amended by Act 2021, No. 568,§ 4, eff. 7/28/2021.

Amended by Act 2021, No. 440,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 910,§ 6235, eff. 7/1/2019.

Amended by Act 2018EX2, No. 12,§ 4, eff. 3/19/2018.

Amended by Act 2018EX2, No. 5,§ 4, eff. 3/19/2018.

Acts 1939, No. 335, §§ 1, 2; 1985, No. 321, § 1; A.S.A. 1947, §§ 14-601, 14-602; Acts 1993, No. 284, § 1; 1995, No. 1108, § 3; 2007, No. 471, § 1; 2011, No. 897, § 16.

See Act 2021, No. 568, § 5. Repealed by Act 2023, No. 239, § 1
Ark. Code Ann. § 22-9-601 — AR Code / Title 22 / Chapter 9 / Subchapter 6 / Section 22-9-601
Definitions
Status: in_force

As used in this subchapter: (1) "Construction contract" means a contract between a public agency and a prime contractor which obligates the prime contractor to construct, repair, replace, or maintain improvements for the public agency; (2) "Cost of the project" means the sum the public agency originally agrees to pay the prime contractor for performance of the contract plus any other sums the public agency agrees to pay the prime contractor for extra-cost items included in the construction project which were not included in the original contract; (3) "Prime contractor" means the party which, individually or in concert with other prime contractors, establishes a direct contractual relationship with the public agency obligating the prime contractor to construct improvements for the public agency. Where applicable under the law, the prime contractor shall be a contractor licensed and in compliance with Arkansas law; (4) "Progress payments" means the monthly estimates submitted by the prime contractor to the public agency for payment of that portion of the work completed, including stored materials and equipment purchased; and (5) "Public agency" means the State of Arkansas or any of its agencies, departments, or institutions or any political subdivision of the state, or taxing unit, and includes any nonprofit corporation or association receiving public funds in whatever form, including grants, loans, and subsidies. Acts 1977, No. 235, § 1; 1979, No. 594, § 1; A.S.A. 1947, § 14-653.

As used in this subchapter:

(1) "Construction contract" means a contract between a public agency and a prime contractor which obligates the prime contractor to construct, repair, replace, or maintain improvements for the public agency;

(2) "Cost of the project" means the sum the public agency originally agrees to pay the prime contractor for performance of the contract plus any other sums the public agency agrees to pay the prime contractor for extra-cost items included in the construction project which were not included in the original contract;

(3) "Prime contractor" means the party which, individually or in concert with other prime contractors, establishes a direct contractual relationship with the public agency obligating the prime contractor to construct improvements for the public agency. Where applicable under the law, the prime contractor shall be a contractor licensed and in compliance with Arkansas law;

(4) "Progress payments" means the monthly estimates submitted by the prime contractor to the public agency for payment of that portion of the work completed, including stored materials and equipment purchased; and

(5) "Public agency" means the State of Arkansas or any of its agencies, departments, or institutions or any political subdivision of the state, or taxing unit, and includes any nonprofit corporation or association receiving public funds in whatever form, including grants, loans, and subsidies.

Acts 1977, No. 235, § 1; 1979, No. 594, § 1; A.S.A. 1947, § 14-653.
Ark. Code Ann. § 22-2-108 — AR Code / Title 22 / Chapter 2 / Section 22-2-108
Powers and duties generally
Status: in_force

As may be provided, allowed, or limited by the provisions of this chapter, the Secretary of the Department of Transformation and Shared Services may establish policies, guidelines, standards, and procedures which shall guide and govern the Building Authority Division with regard to the following responsibilities, duties, powers, and activities: (1) To investigate and obtain information concerning the various boards, commissions, authorities, agencies, departments, and offices of the state, which are the "state agencies", in relation to: (A) Where they are housed; (B) Their present and projected needs for space and facilities; (C) The rental being paid and the rental that state agencies could reasonably pay for space and facilities in public and private buildings; and (D) The public building space and facilities that can be feasibly financed from appropriated funds available to the division; (2) (A) To construct and equip buildings or to acquire by gift or purchase existing buildings and the sites upon which they are situated for use as public buildings. (B) However, before the division may construct and equip buildings or acquire by purchase existing buildings and the sites upon which they are situated for use as public buildings, requests for the construction and equipping of those buildings or the acquisition of those existing buildings shall have been first submitted to the General Assembly, or to the Legislative Council when the General Assembly is not in session, and the General Assembly shall have reviewed and appropriated the funds therefor or specifically approved the method of funding their construction, equipping, or acquisition thereof; (3) (A) To provide for the operation and management of the public buildings so constructed or acquired and arrange for the housing of state agencies as space and facilities permit and to rent and lease space and facilities upon such terms and conditions and for such rentals as the division may determine. (B) Should there be any surplus space in a public building above the requirements of the state agencies that can be feasibly housed in the building, then the division may lease or rent the surplus space to individuals and organizations other than state agencies until it is needed by state agencies; (4) To use the lands acquired by the Arkansas Revenue Department Building Commission which were transferred to State Building Services under Acts 1975, No. 716, § 6, as sites for public buildings and acquire additional sites as provided in § 22-2-109 ; (5) To wreck, remove, and dispose of or salvage buildings or other improvements as necessary for the construction and equipping of public buildings or for future use of an unspecified project; (6) To purchase, lease, or rent and receive devises, bequests, or donations of and sell or otherwise dispose of any property, real, personal, or mixed, on the division's own behalf and without the approval of any other board, commission, agency, department, or officer, and the division may convert into money any property bequeathed or donated to the division or not needed or which cannot be used in the form received; (7) (A) To execute contracts necessary to accomplish the purposes of this chapter, including without limitation a statewide contract for design services to expedite the procurement of design services by a state agency in an emergency. (B) However, no contract shall be entered into for the purchase of any real property unless the division submits the contract for review to the General Assembly, or to the Legislative Council when the General Assembly is not in session, a request to purchase the property, and the General Assembly provides the funds for or approves the method of funding the purchase; (8) To apply for, receive, accept, and use any moneys and properties from: (A) The United States or any state, or any department or agency thereof; (B) Any public or private corporation of any nature; and (C) Any individual or group; (9) (A) To establish, promulgate, and enforce minimum design and construction standards and criteria for all capital improvements undertaken by any state agency, including without limitation procedures regarding flood plain management and the bidding and awarding of capital improvements regarding projects under the jurisdiction of the division. (B) However, the division shall not: (i) Engage in the production of architectural plans and specifications, with the exception that the architects and engineers employed by the division may provide and make available technical assistance to the division's sections listed in § 22-2-107 and other agencies regarding capital improvements involving roofing projects, repairs, alterations, or renovations; or (ii) Apply minimum design and construction standards and criteria to the design or construction of an unpaved trail project; (10) To establish and enforce minimum standards and criteria for the management, maintenance, and operation of all public buildings and capital improvements; (11) To establish and enforce minimum standards and criteria for the leasing and renting of space for and by state agencies; (12) To provide for the management, maintenance, and operation of those public buildings as may be required by this chapter or otherwise by law to be managed, maintained, or operated by the division and provide technical advice on management, maintenance, and operation to agencies with existing capital improvements; (13) To provide monthly reports to the Legislative Council and to the Governor, or as otherwise may be requested by the Legislative Council, the Governor, or the General Assembly; (14) To obtain and keep on file copies of architectural and engineering plans and construction documents for all public buildings and capital improvements, including those plans and documents for all existing public buildings and capital improvements for which plans and documents exist; (15) (A) (i) To assume all duties and responsibilities for minor alterations and repairs of existing public buildings and capital improvements previously vested within the Office of State Procurement by Acts 1955, No. 313 [repealed], as amended by Acts 1959, No. 29 [repealed], as implemented and developed by the Construction Section. (ii) These duties and responsibilities of the Office of State Procurement are transferred to the division. (B) It is the intent of this chapter that the above-mentioned and all other duties and responsibilities of the Construction Section shall be transferred to the division, including approval authority for real property purchases by any agency, board, commission, or department; and (16) To promulgate reasonable rules and procedures as may be required to carry out its duties, responsibilities, powers, and authorities under this chapter which are consistent with the purposes and intent of this chapter. Amended by Act 2019, No. 315,§ 2344, eff. 7/24/2019. Amended by Act 2019, No. 422,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 6158, eff. 7/1/2019. Amended by Act 2018EX2, No. 12,§ 2, eff. 3/19/2018. Amended by Act 2018EX2, No. 5,§ 2, eff. 3/19/2018. Amended by Act 2016EX3, No. 3,§ 55, eff. 5/23/2016. Amended by Act 2016EX3, No. 2,§ 55, eff. 5/23/2016. Amended by Act 2015EX1, No. 8,§ 26, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 26, eff. 7/1/2015. Acts 1975, No. 716, § 3; 1983, No. 734, § 1; A.S.A. 1947, § 5-1020; Acts 1999, No. 1173, § 2; 2003, No. 364, § 11; 2009, No. 193, § 8.

As may be provided, allowed, or limited by the provisions of this chapter, the Secretary of the Department of Transformation and Shared Services may establish policies, guidelines, standards, and procedures which shall guide and govern the Building Authority Division with regard to the following responsibilities, duties, powers, and activities:

(1) To investigate and obtain information concerning the various boards, commissions, authorities, agencies, departments, and offices of the state, which are the "state agencies", in relation to: (A) Where they are housed; (B) Their present and projected needs for space and facilities; (C) The rental being paid and the rental that state agencies could reasonably pay for space and facilities in public and private buildings; and (D) The public building space and facilities that can be feasibly financed from appropriated funds available to the division;

(A) Where they are housed;

(B) Their present and projected needs for space and facilities;

(C) The rental being paid and the rental that state agencies could reasonably pay for space and facilities in public and private buildings; and

(D) The public building space and facilities that can be feasibly financed from appropriated funds available to the division;

(2) (A) To construct and equip buildings or to acquire by gift or purchase existing buildings and the sites upon which they are situated for use as public buildings. (B) However, before the division may construct and equip buildings or acquire by purchase existing buildings and the sites upon which they are situated for use as public buildings, requests for the construction and equipping of those buildings or the acquisition of those existing buildings shall have been first submitted to the General Assembly, or to the Legislative Council when the General Assembly is not in session, and the General Assembly shall have reviewed and appropriated the funds therefor or specifically approved the method of funding their construction, equipping, or acquisition thereof;

(A) To construct and equip buildings or to acquire by gift or purchase existing buildings and the sites upon which they are situated for use as public buildings.

(B) However, before the division may construct and equip buildings or acquire by purchase existing buildings and the sites upon which they are situated for use as public buildings, requests for the construction and equipping of those buildings or the acquisition of those existing buildings shall have been first submitted to the General Assembly, or to the Legislative Council when the General Assembly is not in session, and the General Assembly shall have reviewed and appropriated the funds therefor or specifically approved the method of funding their construction, equipping, or acquisition thereof;

(3) (A) To provide for the operation and management of the public buildings so constructed or acquired and arrange for the housing of state agencies as space and facilities permit and to rent and lease space and facilities upon such terms and conditions and for such rentals as the division may determine. (B) Should there be any surplus space in a public building above the requirements of the state agencies that can be feasibly housed in the building, then the division may lease or rent the surplus space to individuals and organizations other than state agencies until it is needed by state agencies;

(A) To provide for the operation and management of the public buildings so constructed or acquired and arrange for the housing of state agencies as space and facilities permit and to rent and lease space and facilities upon such terms and conditions and for such rentals as the division may determine.

(B) Should there be any surplus space in a public building above the requirements of the state agencies that can be feasibly housed in the building, then the division may lease or rent the surplus space to individuals and organizations other than state agencies until it is needed by state agencies;

(4) To use the lands acquired by the Arkansas Revenue Department Building Commission which were transferred to State Building Services under Acts 1975, No. 716, § 6, as sites for public buildings and acquire additional sites as provided in § 22-2-109 ;

(5) To wreck, remove, and dispose of or salvage buildings or other improvements as necessary for the construction and equipping of public buildings or for future use of an unspecified project;

(6) To purchase, lease, or rent and receive devises, bequests, or donations of and sell or otherwise dispose of any property, real, personal, or mixed, on the division's own behalf and without the approval of any other board, commission, agency, department, or officer, and the division may convert into money any property bequeathed or donated to the division or not needed or which cannot be used in the form received;

(7) (A) To execute contracts necessary to accomplish the purposes of this chapter, including without limitation a statewide contract for design services to expedite the procurement of design services by a state agency in an emergency. (B) However, no contract shall be entered into for the purchase of any real property unless the division submits the contract for review to the General Assembly, or to the Legislative Council when the General Assembly is not in session, a request to purchase the property, and the General Assembly provides the funds for or approves the method of funding the purchase;

(A) To execute contracts necessary to accomplish the purposes of this chapter, including without limitation a statewide contract for design services to expedite the procurement of design services by a state agency in an emergency.

(B) However, no contract shall be entered into for the purchase of any real property unless the division submits the contract for review to the General Assembly, or to the Legislative Council when the General Assembly is not in session, a request to purchase the property, and the General Assembly provides the funds for or approves the method of funding the purchase;

(8) To apply for, receive, accept, and use any moneys and properties from: (A) The United States or any state, or any department or agency thereof; (B) Any public or private corporation of any nature; and (C) Any individual or group;

(A) The United States or any state, or any department or agency thereof;

(B) Any public or private corporation of any nature; and

(C) Any individual or group;

(9) (A) To establish, promulgate, and enforce minimum design and construction standards and criteria for all capital improvements undertaken by any state agency, including without limitation procedures regarding flood plain management and the bidding and awarding of capital improvements regarding projects under the jurisdiction of the division. (B) However, the division shall not: (i) Engage in the production of architectural plans and specifications, with the exception that the architects and engineers employed by the division may provide and make available technical assistance to the division's sections listed in § 22-2-107 and other agencies regarding capital improvements involving roofing projects, repairs, alterations, or renovations; or (ii) Apply minimum design and construction standards and criteria to the design or construction of an unpaved trail project;

(A) To establish, promulgate, and enforce minimum design and construction standards and criteria for all capital improvements undertaken by any state agency, including without limitation procedures regarding flood plain management and the bidding and awarding of capital improvements regarding projects under the jurisdiction of the division.

(B) However, the division shall not: (i) Engage in the production of architectural plans and specifications, with the exception that the architects and engineers employed by the division may provide and make available technical assistance to the division's sections listed in § 22-2-107 and other agencies regarding capital improvements involving roofing projects, repairs, alterations, or renovations; or (ii) Apply minimum design and construction standards and criteria to the design or construction of an unpaved trail project;

(i) Engage in the production of architectural plans and specifications, with the exception that the architects and engineers employed by the division may provide and make available technical assistance to the division's sections listed in § 22-2-107 and other agencies regarding capital improvements involving roofing projects, repairs, alterations, or renovations; or

(ii) Apply minimum design and construction standards and criteria to the design or construction of an unpaved trail project;

(10) To establish and enforce minimum standards and criteria for the management, maintenance, and operation of all public buildings and capital improvements;

(11) To establish and enforce minimum standards and criteria for the leasing and renting of space for and by state agencies;

(12) To provide for the management, maintenance, and operation of those public buildings as may be required by this chapter or otherwise by law to be managed, maintained, or operated by the division and provide technical advice on management, maintenance, and operation to agencies with existing capital improvements;

(13) To provide monthly reports to the Legislative Council and to the Governor, or as otherwise may be requested by the Legislative Council, the Governor, or the General Assembly;

(14) To obtain and keep on file copies of architectural and engineering plans and construction documents for all public buildings and capital improvements, including those plans and documents for all existing public buildings and capital improvements for which plans and documents exist;

(15) (A) (i) To assume all duties and responsibilities for minor alterations and repairs of existing public buildings and capital improvements previously vested within the Office of State Procurement by Acts 1955, No. 313 [repealed], as amended by Acts 1959, No. 29 [repealed], as implemented and developed by the Construction Section. (ii) These duties and responsibilities of the Office of State Procurement are transferred to the division. (B) It is the intent of this chapter that the above-mentioned and all other duties and responsibilities of the Construction Section shall be transferred to the division, including approval authority for real property purchases by any agency, board, commission, or department; and

(A) (i) To assume all duties and responsibilities for minor alterations and repairs of existing public buildings and capital improvements previously vested within the Office of State Procurement by Acts 1955, No. 313 [repealed], as amended by Acts 1959, No. 29 [repealed], as implemented and developed by the Construction Section. (ii) These duties and responsibilities of the Office of State Procurement are transferred to the division.

(i) To assume all duties and responsibilities for minor alterations and repairs of existing public buildings and capital improvements previously vested within the Office of State Procurement by Acts 1955, No. 313 [repealed], as amended by Acts 1959, No. 29 [repealed], as implemented and developed by the Construction Section.

(ii) These duties and responsibilities of the Office of State Procurement are transferred to the division.

(B) It is the intent of this chapter that the above-mentioned and all other duties and responsibilities of the Construction Section shall be transferred to the division, including approval authority for real property purchases by any agency, board, commission, or department; and

(16) To promulgate reasonable rules and procedures as may be required to carry out its duties, responsibilities, powers, and authorities under this chapter which are consistent with the purposes and intent of this chapter.

Amended by Act 2019, No. 315,§ 2344, eff. 7/24/2019.

Amended by Act 2019, No. 422,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 6158, eff. 7/1/2019.

Amended by Act 2018EX2, No. 12,§ 2, eff. 3/19/2018.

Amended by Act 2018EX2, No. 5,§ 2, eff. 3/19/2018.

Amended by Act 2016EX3, No. 3,§ 55, eff. 5/23/2016.

Amended by Act 2016EX3, No. 2,§ 55, eff. 5/23/2016.

Amended by Act 2015EX1, No. 8,§ 26, eff. 7/1/2015.

Amended by Act 2015EX1, No. 7,§ 26, eff. 7/1/2015.

Acts 1975, No. 716, § 3; 1983, No. 734, § 1; A.S.A. 1947, § 5-1020; Acts 1999, No. 1173, § 2; 2003, No. 364, § 11; 2009, No. 193, § 8.
Ark. Code Ann. § 22-9-310 — AR Code / Title 22 / Chapter 9 / Subchapter 3 / Section 22-9-310
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1068,§ 1, eff. 4/6/2017. Acts 1969, No. 74, § 6; A.S.A. 1947, § 14-635; Acts 1995, No. 548, § 6.

Repealed by Act 2017, No. 1068,§ 1, eff. 4/6/2017.

Acts 1969, No. 74, § 6; A.S.A. 1947, § 14-635; Acts 1995, No. 548, § 6.
Ark. Code Ann. § 22-5-804 — AR Code / Title 22 / Chapter 5 / Subchapter 8 / Section 22-5-804
Leases and permits - Natural Resources Committee - Arkansas State Game and Fish Commission
Status: in_force

(a) (1) The Natural Resources Committee is created and shall be composed of the following members: (A) The Secretary of the Department of Finance and Administration; (B) The Director of Production and Conservation of the Oil and Gas Commission; (C) The State Geologist; (D) The Secretary of the Department of Agriculture; (E) The Commissioner of State Lands; (F) The Executive Secretary of the Arkansas State Game and Fish Commission; (G) The Secretary of the Department of Parks, Heritage, and Tourism; (H) The Director of the Division of Environmental Quality; and (I) The Chair of the Arkansas Natural Heritage Commission. (2) A member of the committee may designate a person within the member's organization to attend meetings and conduct committee business on the member's behalf. (b) The chair of the committee shall be the Commissioner of State Lands. (c) The committee shall establish a schedule of minimum fees and royalties, as well as the terms and conditions for various types of permits and leases. No permit or lease shall be granted for less than the minimums prescribed in the schedule. (d) The committee shall have the authority to change the schedule of minimum fees and royalties and the terms of permits and leases. (e) The Arkansas State Game and Fish Commission shall have the authority, for all lands held in the name of and managed by its agency: (1) To establish a schedule of minimum fees and royalties, as well as the terms and conditions for various types of permits and leases for Arkansas State Game and Fish Commission lands; (2) To take bids on and to award the leases and permits to produce or sever minerals from those lands and to set up application procedures and fees for those leases and permits; (3) To set the length of time for leases or permits to expire and the terms and conditions for their transfer or renewal; (4) To set the minimum fees and royalties for leases and permits and to ensure that severance taxes on minerals from such leases or permits are paid to the proper agencies; and (5) Shall have such other duties, responsibilities, and authority required for the issuance of mineral leases and permits under this section and §§ 22-5-801 - 22-5-803 and 22-5-805 - 22-5-813 for other state lands. Amended by Act 2019, No. 910,§ 120, eff. 7/1/2019. Amended by Act 2015, No. 1132,§ 2, eff. 7/22/2015. Acts 1975, No. 524, § 2; 1981, No. 684, § 1; 1983, No. 691, § 15; 1985, No. 1035, § 1; A.S.A. 1947, §§ 10-1015, 10-1015.2, 10-1015.3; Acts 1991, No. 537, § 2; 1993, No. 509, § 1; 1999, No. 1164, § 177.

(a) (1) The Natural Resources Committee is created and shall be composed of the following members: (A) The Secretary of the Department of Finance and Administration; (B) The Director of Production and Conservation of the Oil and Gas Commission; (C) The State Geologist; (D) The Secretary of the Department of Agriculture; (E) The Commissioner of State Lands; (F) The Executive Secretary of the Arkansas State Game and Fish Commission; (G) The Secretary of the Department of Parks, Heritage, and Tourism; (H) The Director of the Division of Environmental Quality; and (I) The Chair of the Arkansas Natural Heritage Commission. (2) A member of the committee may designate a person within the member's organization to attend meetings and conduct committee business on the member's behalf.

(1) The Natural Resources Committee is created and shall be composed of the following members: (A) The Secretary of the Department of Finance and Administration; (B) The Director of Production and Conservation of the Oil and Gas Commission; (C) The State Geologist; (D) The Secretary of the Department of Agriculture; (E) The Commissioner of State Lands; (F) The Executive Secretary of the Arkansas State Game and Fish Commission; (G) The Secretary of the Department of Parks, Heritage, and Tourism; (H) The Director of the Division of Environmental Quality; and (I) The Chair of the Arkansas Natural Heritage Commission.

(A) The Secretary of the Department of Finance and Administration;

(B) The Director of Production and Conservation of the Oil and Gas Commission;

(C) The State Geologist;

(D) The Secretary of the Department of Agriculture;

(E) The Commissioner of State Lands;

(F) The Executive Secretary of the Arkansas State Game and Fish Commission;

(G) The Secretary of the Department of Parks, Heritage, and Tourism;

(H) The Director of the Division of Environmental Quality; and

(I) The Chair of the Arkansas Natural Heritage Commission.

(2) A member of the committee may designate a person within the member's organization to attend meetings and conduct committee business on the member's behalf.

(b) The chair of the committee shall be the Commissioner of State Lands.

(c) The committee shall establish a schedule of minimum fees and royalties, as well as the terms and conditions for various types of permits and leases. No permit or lease shall be granted for less than the minimums prescribed in the schedule.

(d) The committee shall have the authority to change the schedule of minimum fees and royalties and the terms of permits and leases.

(e) The Arkansas State Game and Fish Commission shall have the authority, for all lands held in the name of and managed by its agency: (1) To establish a schedule of minimum fees and royalties, as well as the terms and conditions for various types of permits and leases for Arkansas State Game and Fish Commission lands; (2) To take bids on and to award the leases and permits to produce or sever minerals from those lands and to set up application procedures and fees for those leases and permits; (3) To set the length of time for leases or permits to expire and the terms and conditions for their transfer or renewal; (4) To set the minimum fees and royalties for leases and permits and to ensure that severance taxes on minerals from such leases or permits are paid to the proper agencies; and (5) Shall have such other duties, responsibilities, and authority required for the issuance of mineral leases and permits under this section and §§ 22-5-801 - 22-5-803 and 22-5-805 - 22-5-813 for other state lands.

(1) To establish a schedule of minimum fees and royalties, as well as the terms and conditions for various types of permits and leases for Arkansas State Game and Fish Commission lands;

(2) To take bids on and to award the leases and permits to produce or sever minerals from those lands and to set up application procedures and fees for those leases and permits;

(3) To set the length of time for leases or permits to expire and the terms and conditions for their transfer or renewal;

(4) To set the minimum fees and royalties for leases and permits and to ensure that severance taxes on minerals from such leases or permits are paid to the proper agencies; and

(5) Shall have such other duties, responsibilities, and authority required for the issuance of mineral leases and permits under this section and §§ 22-5-801 - 22-5-803 and 22-5-805 - 22-5-813 for other state lands.

Amended by Act 2019, No. 910,§ 120, eff. 7/1/2019.

Amended by Act 2015, No. 1132,§ 2, eff. 7/22/2015.

Acts 1975, No. 524, § 2; 1981, No. 684, § 1; 1983, No. 691, § 15; 1985, No. 1035, § 1; A.S.A. 1947, §§ 10-1015, 10-1015.2, 10-1015.3; Acts 1991, No. 537, § 2; 1993, No. 509, § 1; 1999, No. 1164, § 177.
Ark. Code Ann. § 22-4-502 — AR Code / Title 22 / Chapter 4 / Subchapter 5 / Section 22-4-502
Officers authorized to execute disposition
Status: in_force

Any sale, lease, grant, or other disposition authorized by § 22-4-501 shall be in the discretion of, and executed by: (1) The Governor, as to state property; (2) The county judge, as to county property; (3) The mayor and council, city commissioners, or other governing authority, as to property of a municipal corporation. Acts 1959, No. 224, § 2; A.S.A. 1947, § 14-702.

Any sale, lease, grant, or other disposition authorized by § 22-4-501 shall be in the discretion of, and executed by:

(1) The Governor, as to state property;

(2) The county judge, as to county property;

(3) The mayor and council, city commissioners, or other governing authority, as to property of a municipal corporation.

Acts 1959, No. 224, § 2; A.S.A. 1947, § 14-702.
Ark. Code Ann. § 22-5-206 — AR Code / Title 22 / Chapter 5 / Subchapter 2 / Section 22-5-206
Control over state's lands
Status: in_force

The landed interests of this state shall be controlled by the Commissioner of State Lands, and he or she shall dispose of them as provided by law. Acts 1939, No. 331, § 14; A.S.A. 1947, § 10-107.

The landed interests of this state shall be controlled by the Commissioner of State Lands, and he or she shall dispose of them as provided by law.

Acts 1939, No. 331, § 14; A.S.A. 1947, § 10-107.
Ark. Code Ann. § 22-3-304 — AR Code / Title 22 / Chapter 3 / Subchapter 3 / Section 22-3-304
Zoning authority of Capitol Zoning District Commission
Status: in_force

The Capitol Zoning District Commission is authorized broad scope in its zoning authority to include, but not be limited to, the following: (1) Restrictions on the height, number of stories, and size of buildings; (2) Percentage of lots that may be occupied; (3) Use of structures and land; (4) Population density; (5) Amount of open space; (6) Parking areas; and (7) Restriction of noisy and polluting processes or those endangering the health and safety of the citizens of the zoning district. Acts 1975, No. 267, § 8; A.S.A. 1947, § 5-242.

The Capitol Zoning District Commission is authorized broad scope in its zoning authority to include, but not be limited to, the following:

(1) Restrictions on the height, number of stories, and size of buildings;

(2) Percentage of lots that may be occupied;

(3) Use of structures and land;

(4) Population density;

(5) Amount of open space;

(6) Parking areas; and

(7) Restriction of noisy and polluting processes or those endangering the health and safety of the citizens of the zoning district.

Acts 1975, No. 267, § 8; A.S.A. 1947, § 5-242.
Ark. Code Ann. § 22-5-805 — AR Code / Title 22 / Chapter 5 / Subchapter 8 / Section 22-5-805
Leases and permits - Requirements - Application - Terms
Status: in_force

(a) No person, firm, company, corporation, or association shall take any sand, gravel, oil, natural gas, casinghead gas, coal or other minerals, or sever any timber or logs from the beds or bars of navigable rivers and lakes in this state or from any other lands or interest in lands held in the name of the State of Arkansas or any agency, department, or institution of the state, excluding tax-forfeited lands and minerals, unless that person has first procured a lease or permit to do so from the Commissioner of State Lands. (b) (1) Any person, firm, company, corporation, or association desiring to take sand, gravel, oil, natural gas, casinghead gas, coal or other minerals, or to sever any timber or logs from state-owned lands shall make application for a lease or permit to do so to the Commissioner of State Lands. (2) Each application shall be on forms prescribed by the Commissioner of State Lands and shall contain such information as shall be prescribed by the Commissioner of State Lands regarding the applicant and the business of the applicant, the sand, gravel, minerals, or timber or logs proposed to be removed from the lands under the lease or permit, and any other information as the Commissioner of State Lands shall deem necessary and appropriate to properly protect the interest of the state and to assure that the leaseholder will in good faith carry out all his or her responsibilities under the lease or permit. (c) (1) Every lease or permit issued under the provisions of this section and §§ 22-5-801 - 22-5-804 and 22-5-806 - 22-5-813 shall define the limit of the area from which the lessee or permittee shall be permitted the exclusive right to take the sand, gravel, minerals, or timber or logs designated in the lease or permit. (2) Each lease or permit issued by the Commissioner of State Lands under the provisions of this section and §§ 22-5-801 - 22-5-804 and 22-5-806 - 22-5-813 shall be for a specific term as may be determined by the Commissioner of State Lands; shall require that reasonable commercial production of the sand, gravel, mineral, or timber or logs covered by the lease or permit shall commence within a specified period of time as determined by the Commissioner of State Lands; and shall provide that the lease or permit shall automatically terminate unless commercial production is commenced within the time prescribed unless the time is extended by the Commissioner of State Lands upon a showing that expenses have been incurred and actual operations are in the process of completion for the commercial production of the oil, natural gas, casinghead gas, sand, gravel, coal or other minerals, or the severance of timber or logs under the lease or permit. (d) Once reasonable commercial production is commenced under any lease or permit issued under this section and §§ 22-5-801 - 22-5-804 and 22-5-806 - 22-5-813 , the lease or permit shall automatically terminate if commercial production is discontinued for a period of six (6) months or such other period as may be prescribed in the lease. Acts 1975, No. 524, § 1; A.S.A. 1947, § 10-1014; Acts 1993, No. 509, § 1; 2005, No. 786, § 4.

(a) No person, firm, company, corporation, or association shall take any sand, gravel, oil, natural gas, casinghead gas, coal or other minerals, or sever any timber or logs from the beds or bars of navigable rivers and lakes in this state or from any other lands or interest in lands held in the name of the State of Arkansas or any agency, department, or institution of the state, excluding tax-forfeited lands and minerals, unless that person has first procured a lease or permit to do so from the Commissioner of State Lands.

(b) (1) Any person, firm, company, corporation, or association desiring to take sand, gravel, oil, natural gas, casinghead gas, coal or other minerals, or to sever any timber or logs from state-owned lands shall make application for a lease or permit to do so to the Commissioner of State Lands. (2) Each application shall be on forms prescribed by the Commissioner of State Lands and shall contain such information as shall be prescribed by the Commissioner of State Lands regarding the applicant and the business of the applicant, the sand, gravel, minerals, or timber or logs proposed to be removed from the lands under the lease or permit, and any other information as the Commissioner of State Lands shall deem necessary and appropriate to properly protect the interest of the state and to assure that the leaseholder will in good faith carry out all his or her responsibilities under the lease or permit.

(1) Any person, firm, company, corporation, or association desiring to take sand, gravel, oil, natural gas, casinghead gas, coal or other minerals, or to sever any timber or logs from state-owned lands shall make application for a lease or permit to do so to the Commissioner of State Lands.

(2) Each application shall be on forms prescribed by the Commissioner of State Lands and shall contain such information as shall be prescribed by the Commissioner of State Lands regarding the applicant and the business of the applicant, the sand, gravel, minerals, or timber or logs proposed to be removed from the lands under the lease or permit, and any other information as the Commissioner of State Lands shall deem necessary and appropriate to properly protect the interest of the state and to assure that the leaseholder will in good faith carry out all his or her responsibilities under the lease or permit.

(c) (1) Every lease or permit issued under the provisions of this section and §§ 22-5-801 - 22-5-804 and 22-5-806 - 22-5-813 shall define the limit of the area from which the lessee or permittee shall be permitted the exclusive right to take the sand, gravel, minerals, or timber or logs designated in the lease or permit. (2) Each lease or permit issued by the Commissioner of State Lands under the provisions of this section and §§ 22-5-801 - 22-5-804 and 22-5-806 - 22-5-813 shall be for a specific term as may be determined by the Commissioner of State Lands; shall require that reasonable commercial production of the sand, gravel, mineral, or timber or logs covered by the lease or permit shall commence within a specified period of time as determined by the Commissioner of State Lands; and shall provide that the lease or permit shall automatically terminate unless commercial production is commenced within the time prescribed unless the time is extended by the Commissioner of State Lands upon a showing that expenses have been incurred and actual operations are in the process of completion for the commercial production of the oil, natural gas, casinghead gas, sand, gravel, coal or other minerals, or the severance of timber or logs under the lease or permit.

(1) Every lease or permit issued under the provisions of this section and §§ 22-5-801 - 22-5-804 and 22-5-806 - 22-5-813 shall define the limit of the area from which the lessee or permittee shall be permitted the exclusive right to take the sand, gravel, minerals, or timber or logs designated in the lease or permit.

(2) Each lease or permit issued by the Commissioner of State Lands under the provisions of this section and §§ 22-5-801 - 22-5-804 and 22-5-806 - 22-5-813 shall be for a specific term as may be determined by the Commissioner of State Lands; shall require that reasonable commercial production of the sand, gravel, mineral, or timber or logs covered by the lease or permit shall commence within a specified period of time as determined by the Commissioner of State Lands; and shall provide that the lease or permit shall automatically terminate unless commercial production is commenced within the time prescribed unless the time is extended by the Commissioner of State Lands upon a showing that expenses have been incurred and actual operations are in the process of completion for the commercial production of the oil, natural gas, casinghead gas, sand, gravel, coal or other minerals, or the severance of timber or logs under the lease or permit.

(d) Once reasonable commercial production is commenced under any lease or permit issued under this section and §§ 22-5-801 - 22-5-804 and 22-5-806 - 22-5-813 , the lease or permit shall automatically terminate if commercial production is discontinued for a period of six (6) months or such other period as may be prescribed in the lease.

Acts 1975, No. 524, § 1; A.S.A. 1947, § 10-1014; Acts 1993, No. 509, § 1; 2005, No. 786, § 4.
Ark. Code Ann. § 22-7-303 — AR Code / Title 22 / Chapter 7 / Subchapter 3 / Section 22-7-303
Description of land
Status: in_force

From and after passage of this subchapter, and upon receipt by the Governor of any subsequent surveys and descriptions of the lands and areas of Fort Chaffee prepared at the direction of the United States Army Corps of Engineers which may describe lands or areas which are erroneously described in this subchapter, or which may describe lands and areas which are omitted from the descriptions of lands and areas in this subchapter, the Governor is authorized to amend and correct the descriptions of said lands or areas so as to include such lands or areas within the jurisdiction of the State of Arkansas as is exercised over other lands generally within this state, by causing such subsequent surveys and descriptions to be filed with the Secretary of State and with the respective circuit clerks and recorders of Franklin, Logan, Sebastian, and Crawford Counties. Acts 1997, No. 1260, § 3.

From and after passage of this subchapter, and upon receipt by the Governor of any subsequent surveys and descriptions of the lands and areas of Fort Chaffee prepared at the direction of the United States Army Corps of Engineers which may describe lands or areas which are erroneously described in this subchapter, or which may describe lands and areas which are omitted from the descriptions of lands and areas in this subchapter, the Governor is authorized to amend and correct the descriptions of said lands or areas so as to include such lands or areas within the jurisdiction of the State of Arkansas as is exercised over other lands generally within this state, by causing such subsequent surveys and descriptions to be filed with the Secretary of State and with the respective circuit clerks and recorders of Franklin, Logan, Sebastian, and Crawford Counties.

Acts 1997, No. 1260, § 3.
Ark. Code Ann. § 22-7-208 — AR Code / Title 22 / Chapter 7 / Subchapter 2 / Section 22-7-208
Building site - Little Rock
Status: in_force

(a) The State of Arkansas consents to the purchase by the United States of a site for public buildings mentioned in 17 Stat. 280, Ch. 324, and cedes jurisdiction to the United States over any lot, parcel, or block of ground within the corporate limits of the City of Little Rock, not exceeding in area three hundred feet (300') square, which may be purchased by the United States as a site for a building for the accommodation of the United States circuit and district courts, post office, internal revenue, and other government offices, under 17 Stat. 280, Ch. 324. (b) The state releases and relinquishes its right to tax the site and all improvements which may be thereon during the time the United States remains the owner thereof, except that this cession of jurisdiction shall not prevent the execution of any process of this state, civil or criminal, on any person who may be on such site. Acts 1873, No. 10, § 1, p. 11; C. & M. Dig., § 4554; Pope's Dig., § 5634; A.S.A. 1947, § 10-1114.

(a) The State of Arkansas consents to the purchase by the United States of a site for public buildings mentioned in 17 Stat. 280, Ch. 324, and cedes jurisdiction to the United States over any lot, parcel, or block of ground within the corporate limits of the City of Little Rock, not exceeding in area three hundred feet (300') square, which may be purchased by the United States as a site for a building for the accommodation of the United States circuit and district courts, post office, internal revenue, and other government offices, under 17 Stat. 280, Ch. 324.

(b) The state releases and relinquishes its right to tax the site and all improvements which may be thereon during the time the United States remains the owner thereof, except that this cession of jurisdiction shall not prevent the execution of any process of this state, civil or criminal, on any person who may be on such site.

Acts 1873, No. 10, § 1, p. 11; C. & M. Dig., § 4554; Pope's Dig., § 5634; A.S.A. 1947, § 10-1114.
Ark. Code Ann. § 22-3-207 — AR Code / Title 22 / Chapter 3 / Subchapter 2 / Section 22-3-207
Permanent press room
Status: in_force

(a) Room 152 on the first floor of the State Capitol Building, immediately to the north of the north elevator on the first floor of the State Capitol Building, the same being to the north of the outside east entrance on the first floor of the State Capitol Building, is designated as a permanent press room to be used by newspaper, radio, and television personnel covering the State Capitol. (b) It shall be the duty of the Secretary of State to maintain the room at all times for the use of the press as provided in this section, and the Secretary of State shall provide necessary janitorial services and office equipment needed by members of the press in the room. (c) The Secretary of State is prohibited from changing the room number assigned to the room or to nullify or void the provisions of this section. (d) If the Secretary of State shall fail or refuse to comply with the provisions of this section, any resident of this state may bring an action in the Circuit Court of Pulaski County, Arkansas, for an appropriate order directing the Secretary of State to comply with the provisions of this section. Failure to comply with the order shall be contempt of court and punishable accordingly. Acts 1963, No. 80, §§ 1, 2; A.S.A. 1947, §§ 5-231, 5-232.

(a) Room 152 on the first floor of the State Capitol Building, immediately to the north of the north elevator on the first floor of the State Capitol Building, the same being to the north of the outside east entrance on the first floor of the State Capitol Building, is designated as a permanent press room to be used by newspaper, radio, and television personnel covering the State Capitol.

(b) It shall be the duty of the Secretary of State to maintain the room at all times for the use of the press as provided in this section, and the Secretary of State shall provide necessary janitorial services and office equipment needed by members of the press in the room.

(c) The Secretary of State is prohibited from changing the room number assigned to the room or to nullify or void the provisions of this section.

(d) If the Secretary of State shall fail or refuse to comply with the provisions of this section, any resident of this state may bring an action in the Circuit Court of Pulaski County, Arkansas, for an appropriate order directing the Secretary of State to comply with the provisions of this section. Failure to comply with the order shall be contempt of court and punishable accordingly.

Acts 1963, No. 80, §§ 1, 2; A.S.A. 1947, §§ 5-231, 5-232.
Ark. Code Ann. § 22-3-1210 — AR Code / Title 22 / Chapter 3 / Subchapter 12 / Section 22-3-1210
Certificates of indebtedness - Public Facilities Debt Service Fund
Status: in_force

(a) The principal of and interest on the certificates of indebtedness issued under this subchapter shall be secured, except as stated in subdivision (c)(1) of this section, by a lien on and pledge of: (1) All revenue derived from payments by the Arkansas Development Finance Authority pursuant to § 22-3-1225(b) which is a portion of the funds received by the Arkansas Development Finance Authority from the sale of certificates for the inspection of motor vehicles; (2) All moneys from the sale of or disposition of farm products, livestock, or other products produced in connection with the agriculture and livestock activities at any institution under the control of the Board of Corrections or any successor entity, excluding those moneys that may be accountable from, or the value of, products consumed within the Division of Correction and from rental of farm properties under the control of the board or any successor entity; (3) All moneys from the sale or disposition of articles and products manufactured or produced by prison labor through the operations of the prison industry program, excluding those moneys that may be accountable from, or the value of, articles and products used or consumed within the Division of Correction; and (4) Fifty percent (50%) of the gross revenue, if any, derived from the leasing or renting to tenants, other than state agencies, of space in any new facility constructed or acquired with proceeds of any certificates issued under this subchapter. (b) The pledging of the revenues enumerated in subsection (a) of this section, which are, collectively, the pledged revenues, is authorized. All pledged revenues are specifically declared to be nontax revenues restricted in their use and dedicated to be used solely as provided and authorized in this subchapter. (c) (1) (A) Moneys described in subdivision (a)(2) of this section are declared to be cash funds restricted in their use and dedicated and are to be used solely as authorized in § 15-5-213 . The cash funds when received by the Division of Correction shall not be deposited into or deemed to be a part of the State Treasury for purposes of Arkansas Constitution, Article 5, § 29, Arkansas Constitution, Article 16, § 12, Arkansas Constitution, Amendment 20, or any other constitutional or statutory provision related thereto. The Division of Correction shall pay such cash funds to the Arkansas Development Finance Authority for deposit into the Correction Facilities Privatization Account of the Correction Facilities Construction Fund for the purposes authorized by § 15-5-213 . The cash funds described in this subsection shall not be subject to appropriation to the extent required for debt service. (B) Commencing on the first day of the month next succeeding the issuance of certificates of indebtedness under this subchapter, but not before July 1, 1983, and so long as any certificates are outstanding under this subchapter, the pledged revenues, except as provided herein, shall be deposited into the State Treasury as and when received by the Division of Correction, by the Building Authority Division, by state-supported institutions of higher education, or by any other state agency, as the case may be, to the credit of a fund to be designated the "Public Facilities Debt Service Fund". (2) So long as any certificates of indebtedness are outstanding under this subchapter, all moneys in the Public Facilities Debt Service Fund shall be used solely for payment and redemption of the outstanding 1977 Bonds and the 1979 Bonds, as authorized in this subchapter, for the payment of the principal of and interest on the certificates of indebtedness as authorized in this subchapter, for transfer of such amounts designated in subsection (a) of this section from time to time, as deemed necessary by the Chief Fiscal Officer of the State, to the Correction Facilities Privatization Account of the Correction Facilities Construction Fund established in § 15-5-213 , and for the transfer of surplus moneys as defined in the authorizing resolution in the State Treasury for credit to the designated Division of Correction funds, in accordance with the provisions of this subchapter. (d) (1) The principal of and interest on the certificates of indebtedness shall be payable solely from the Public Facilities Debt Service Fund and from the moneys required by this subchapter to be deposited into the Public Facilities Debt Service Fund. (2) The Building Authority Division is directed to insert appropriate provisions in the authorizing resolution for the investing and reinvesting of moneys in the Public Facilities Debt Service Fund in securities selected by the Building Authority Division, and all income derived therefrom shall be and become a part of the Public Facilities Debt Service Fund. (e) So long as there are outstanding certificates of indebtedness issued under this subchapter, the General Assembly may eliminate or change any source of revenue pledged in connection with the certificates but only on the condition that there is always maintained in effect and made available for the payment of outstanding certificates sources of nontax revenues and fees which produce revenues, as distinguished from tax revenues, at least sufficient in amount to provide for the payment when due of the principal of and interest on the outstanding certificates of indebtedness and to comply with all covenants provided in this subchapter. (f) Nothing in this section is intended to prohibit the Building Authority Division from investing moneys received under this section, as provided in this subchapter. Amended by Act 2019, No. 910,§ 6202, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1012, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1011, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1010, eff. 7/1/2019. Amended by Act 2016EX3, No. 3,§ 69, eff. 5/23/2016. Amended by Act 2016EX3, No. 2,§ 69, eff. 5/23/2016. Acts 1983, No. 458, § 9; A.S.A. 1947, § 13-2609; Acts 1989 (3rd Ex. Sess.), No. 86, § 2; 1995 (Ex. Sess.), No. 9, § 1.

(a) The principal of and interest on the certificates of indebtedness issued under this subchapter shall be secured, except as stated in subdivision (c)(1) of this section, by a lien on and pledge of: (1) All revenue derived from payments by the Arkansas Development Finance Authority pursuant to § 22-3-1225(b) which is a portion of the funds received by the Arkansas Development Finance Authority from the sale of certificates for the inspection of motor vehicles; (2) All moneys from the sale of or disposition of farm products, livestock, or other products produced in connection with the agriculture and livestock activities at any institution under the control of the Board of Corrections or any successor entity, excluding those moneys that may be accountable from, or the value of, products consumed within the Division of Correction and from rental of farm properties under the control of the board or any successor entity; (3) All moneys from the sale or disposition of articles and products manufactured or produced by prison labor through the operations of the prison industry program, excluding those moneys that may be accountable from, or the value of, articles and products used or consumed within the Division of Correction; and (4) Fifty percent (50%) of the gross revenue, if any, derived from the leasing or renting to tenants, other than state agencies, of space in any new facility constructed or acquired with proceeds of any certificates issued under this subchapter.

(1) All revenue derived from payments by the Arkansas Development Finance Authority pursuant to § 22-3-1225(b) which is a portion of the funds received by the Arkansas Development Finance Authority from the sale of certificates for the inspection of motor vehicles;

(2) All moneys from the sale of or disposition of farm products, livestock, or other products produced in connection with the agriculture and livestock activities at any institution under the control of the Board of Corrections or any successor entity, excluding those moneys that may be accountable from, or the value of, products consumed within the Division of Correction and from rental of farm properties under the control of the board or any successor entity;

(3) All moneys from the sale or disposition of articles and products manufactured or produced by prison labor through the operations of the prison industry program, excluding those moneys that may be accountable from, or the value of, articles and products used or consumed within the Division of Correction; and

(4) Fifty percent (50%) of the gross revenue, if any, derived from the leasing or renting to tenants, other than state agencies, of space in any new facility constructed or acquired with proceeds of any certificates issued under this subchapter.

(b) The pledging of the revenues enumerated in subsection (a) of this section, which are, collectively, the pledged revenues, is authorized. All pledged revenues are specifically declared to be nontax revenues restricted in their use and dedicated to be used solely as provided and authorized in this subchapter.

(c) (1) (A) Moneys described in subdivision (a)(2) of this section are declared to be cash funds restricted in their use and dedicated and are to be used solely as authorized in § 15-5-213 . The cash funds when received by the Division of Correction shall not be deposited into or deemed to be a part of the State Treasury for purposes of Arkansas Constitution, Article 5, § 29, Arkansas Constitution, Article 16, § 12, Arkansas Constitution, Amendment 20, or any other constitutional or statutory provision related thereto. The Division of Correction shall pay such cash funds to the Arkansas Development Finance Authority for deposit into the Correction Facilities Privatization Account of the Correction Facilities Construction Fund for the purposes authorized by § 15-5-213 . The cash funds described in this subsection shall not be subject to appropriation to the extent required for debt service. (B) Commencing on the first day of the month next succeeding the issuance of certificates of indebtedness under this subchapter, but not before July 1, 1983, and so long as any certificates are outstanding under this subchapter, the pledged revenues, except as provided herein, shall be deposited into the State Treasury as and when received by the Division of Correction, by the Building Authority Division, by state-supported institutions of higher education, or by any other state agency, as the case may be, to the credit of a fund to be designated the "Public Facilities Debt Service Fund". (2) So long as any certificates of indebtedness are outstanding under this subchapter, all moneys in the Public Facilities Debt Service Fund shall be used solely for payment and redemption of the outstanding 1977 Bonds and the 1979 Bonds, as authorized in this subchapter, for the payment of the principal of and interest on the certificates of indebtedness as authorized in this subchapter, for transfer of such amounts designated in subsection (a) of this section from time to time, as deemed necessary by the Chief Fiscal Officer of the State, to the Correction Facilities Privatization Account of the Correction Facilities Construction Fund established in § 15-5-213 , and for the transfer of surplus moneys as defined in the authorizing resolution in the State Treasury for credit to the designated Division of Correction funds, in accordance with the provisions of this subchapter.

(1) (A) Moneys described in subdivision (a)(2) of this section are declared to be cash funds restricted in their use and dedicated and are to be used solely as authorized in § 15-5-213 . The cash funds when received by the Division of Correction shall not be deposited into or deemed to be a part of the State Treasury for purposes of Arkansas Constitution, Article 5, § 29, Arkansas Constitution, Article 16, § 12, Arkansas Constitution, Amendment 20, or any other constitutional or statutory provision related thereto. The Division of Correction shall pay such cash funds to the Arkansas Development Finance Authority for deposit into the Correction Facilities Privatization Account of the Correction Facilities Construction Fund for the purposes authorized by § 15-5-213 . The cash funds described in this subsection shall not be subject to appropriation to the extent required for debt service. (B) Commencing on the first day of the month next succeeding the issuance of certificates of indebtedness under this subchapter, but not before July 1, 1983, and so long as any certificates are outstanding under this subchapter, the pledged revenues, except as provided herein, shall be deposited into the State Treasury as and when received by the Division of Correction, by the Building Authority Division, by state-supported institutions of higher education, or by any other state agency, as the case may be, to the credit of a fund to be designated the "Public Facilities Debt Service Fund".

(A) Moneys described in subdivision (a)(2) of this section are declared to be cash funds restricted in their use and dedicated and are to be used solely as authorized in § 15-5-213 . The cash funds when received by the Division of Correction shall not be deposited into or deemed to be a part of the State Treasury for purposes of Arkansas Constitution, Article 5, § 29, Arkansas Constitution, Article 16, § 12, Arkansas Constitution, Amendment 20, or any other constitutional or statutory provision related thereto. The Division of Correction shall pay such cash funds to the Arkansas Development Finance Authority for deposit into the Correction Facilities Privatization Account of the Correction Facilities Construction Fund for the purposes authorized by § 15-5-213 . The cash funds described in this subsection shall not be subject to appropriation to the extent required for debt service.

(B) Commencing on the first day of the month next succeeding the issuance of certificates of indebtedness under this subchapter, but not before July 1, 1983, and so long as any certificates are outstanding under this subchapter, the pledged revenues, except as provided herein, shall be deposited into the State Treasury as and when received by the Division of Correction, by the Building Authority Division, by state-supported institutions of higher education, or by any other state agency, as the case may be, to the credit of a fund to be designated the "Public Facilities Debt Service Fund".

(2) So long as any certificates of indebtedness are outstanding under this subchapter, all moneys in the Public Facilities Debt Service Fund shall be used solely for payment and redemption of the outstanding 1977 Bonds and the 1979 Bonds, as authorized in this subchapter, for the payment of the principal of and interest on the certificates of indebtedness as authorized in this subchapter, for transfer of such amounts designated in subsection (a) of this section from time to time, as deemed necessary by the Chief Fiscal Officer of the State, to the Correction Facilities Privatization Account of the Correction Facilities Construction Fund established in § 15-5-213 , and for the transfer of surplus moneys as defined in the authorizing resolution in the State Treasury for credit to the designated Division of Correction funds, in accordance with the provisions of this subchapter.

(d) (1) The principal of and interest on the certificates of indebtedness shall be payable solely from the Public Facilities Debt Service Fund and from the moneys required by this subchapter to be deposited into the Public Facilities Debt Service Fund. (2) The Building Authority Division is directed to insert appropriate provisions in the authorizing resolution for the investing and reinvesting of moneys in the Public Facilities Debt Service Fund in securities selected by the Building Authority Division, and all income derived therefrom shall be and become a part of the Public Facilities Debt Service Fund.

(1) The principal of and interest on the certificates of indebtedness shall be payable solely from the Public Facilities Debt Service Fund and from the moneys required by this subchapter to be deposited into the Public Facilities Debt Service Fund.

(2) The Building Authority Division is directed to insert appropriate provisions in the authorizing resolution for the investing and reinvesting of moneys in the Public Facilities Debt Service Fund in securities selected by the Building Authority Division, and all income derived therefrom shall be and become a part of the Public Facilities Debt Service Fund.

(e) So long as there are outstanding certificates of indebtedness issued under this subchapter, the General Assembly may eliminate or change any source of revenue pledged in connection with the certificates but only on the condition that there is always maintained in effect and made available for the payment of outstanding certificates sources of nontax revenues and fees which produce revenues, as distinguished from tax revenues, at least sufficient in amount to provide for the payment when due of the principal of and interest on the outstanding certificates of indebtedness and to comply with all covenants provided in this subchapter.

(f) Nothing in this section is intended to prohibit the Building Authority Division from investing moneys received under this section, as provided in this subchapter.

Amended by Act 2019, No. 910,§ 6202, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 1012, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 1011, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 1010, eff. 7/1/2019.

Amended by Act 2016EX3, No. 3,§ 69, eff. 5/23/2016.

Amended by Act 2016EX3, No. 2,§ 69, eff. 5/23/2016.

Acts 1983, No. 458, § 9; A.S.A. 1947, § 13-2609; Acts 1989 (3rd Ex. Sess.), No. 86, § 2; 1995 (Ex. Sess.), No. 9, § 1.
Ark. Code Ann. § 22-3-305 — AR Code / Title 22 / Chapter 3 / Subchapter 3 / Section 22-3-305
Master plan
Status: in_force

(a) The Capitol Zoning District Commission, using professional and technical assistance as it deems necessary, shall make, adopt, maintain, and revise, from time to time, an official master comprehensive plan for the Capitol Zoning District for the purpose of bringing about coordinated physical development in accordance with the present and future needs of the district. (b) The master plan will be developed so as to preserve the dignity of the Capitol Building and Governor's Mansion, ensure efficient expenditure of public funds, and promote the safety, convenience, and general well-being of the district's inhabitants and property owners. (c) The master plan should include, among other things, rules relative to the location and character of roads and other transportation routes, utility services, parks, buildings, and other construction within the district. (d) The commission may adopt the plan in whole or in part and may subsequently amend the adopted plan in whole or in part. (e) After the adoption of the master comprehensive plan, the commission shall file a copy with the office of the Secretary of State for the inspection of the public. Amended by Act 2019, No. 315,§ 2347, eff. 7/24/2019. Acts 1975, No. 267, § 3; A.S.A. 1947, § 5-237.

(a) The Capitol Zoning District Commission, using professional and technical assistance as it deems necessary, shall make, adopt, maintain, and revise, from time to time, an official master comprehensive plan for the Capitol Zoning District for the purpose of bringing about coordinated physical development in accordance with the present and future needs of the district.

(b) The master plan will be developed so as to preserve the dignity of the Capitol Building and Governor's Mansion, ensure efficient expenditure of public funds, and promote the safety, convenience, and general well-being of the district's inhabitants and property owners.

(c) The master plan should include, among other things, rules relative to the location and character of roads and other transportation routes, utility services, parks, buildings, and other construction within the district.

(d) The commission may adopt the plan in whole or in part and may subsequently amend the adopted plan in whole or in part.

(e) After the adoption of the master comprehensive plan, the commission shall file a copy with the office of the Secretary of State for the inspection of the public.

Amended by Act 2019, No. 315,§ 2347, eff. 7/24/2019.

Acts 1975, No. 267, § 3; A.S.A. 1947, § 5-237.
Ark. Code Ann. § 22-3-403 — AR Code / Title 22 / Chapter 3 / Subchapter 4 / Section 22-3-403
Penalty
Status: in_force

(a) Any person, including an employee of the State of Arkansas, found guilty of violating the provisions of this subchapter or the traffic and parking rules of the Capitol Parking Control Committee shall be guilty of a misdemeanor and upon conviction shall be fined in an amount of not less than five dollars ($5.00) nor more than twenty-five dollars ($25.00). (b) All fines which may be collected on account of violation of this subchapter shall be paid into the State Treasury and placed to the credit of the State Capitol Police. Amended by Act 2019, No. 315,§ 2355, eff. 7/24/2019. Acts 1983, No. 721, § 7; A.S.A. 1947, § 5-255; Acts 1989, No. 468, § 2.

(a) Any person, including an employee of the State of Arkansas, found guilty of violating the provisions of this subchapter or the traffic and parking rules of the Capitol Parking Control Committee shall be guilty of a misdemeanor and upon conviction shall be fined in an amount of not less than five dollars ($5.00) nor more than twenty-five dollars ($25.00).

(b) All fines which may be collected on account of violation of this subchapter shall be paid into the State Treasury and placed to the credit of the State Capitol Police.

Amended by Act 2019, No. 315,§ 2355, eff. 7/24/2019.

Acts 1983, No. 721, § 7; A.S.A. 1947, § 5-255; Acts 1989, No. 468, § 2.
Ark. Code Ann. § 22-3-1802 — AR Code / Title 22 / Chapter 3 / Subchapter 18 / Section 22-3-1802
Findings and purpose
Status: in_force

(a) It is found and determined by the General Assembly that: (1) State-funded building projects have a significant impact on the environment of our Natural State, the economy, and the health and productivity of building inhabitants; (2) State government currently spends approximately seventy million dollars ($70,000,000) annually for electricity and natural gas consumed in state buildings, and energy expenditures have been increasing at nearly four percent (4%) per year over the last ten (10) years; (3) It is incumbent upon Arkansas state government to lead by example to minimize energy use and environmental impact in state buildings; (4) Innovations in building science, technology, and operations are available to maximize the economic utility of state-funded building projects and reduce energy costs, while achieving the best environmental performance and reducing adverse impacts on the environment; and (5) Incorporating principles of sustainability in building design will enhance efficient management of material resources and waste, protect health and indoor environmental quality, reduce the longer-term costs of construction and operation of state-funded buildings, and promote the use of appropriate Arkansas products in the buildings. (b) In recognition of the economic, energy conservation, and environmental benefits of sustainable building design, it is in the best interest of the State of Arkansas to initiate a process to encourage improved building practices, to provide support and information to assist state agencies in carrying out the purposes of this subchapter, and to continue development of the best building practices through a legislative task force to evaluate and report to the General Assembly the progress being made under this subchapter. Acts 2005, No. 1770, § 1.

(a) It is found and determined by the General Assembly that: (1) State-funded building projects have a significant impact on the environment of our Natural State, the economy, and the health and productivity of building inhabitants; (2) State government currently spends approximately seventy million dollars ($70,000,000) annually for electricity and natural gas consumed in state buildings, and energy expenditures have been increasing at nearly four percent (4%) per year over the last ten (10) years; (3) It is incumbent upon Arkansas state government to lead by example to minimize energy use and environmental impact in state buildings; (4) Innovations in building science, technology, and operations are available to maximize the economic utility of state-funded building projects and reduce energy costs, while achieving the best environmental performance and reducing adverse impacts on the environment; and (5) Incorporating principles of sustainability in building design will enhance efficient management of material resources and waste, protect health and indoor environmental quality, reduce the longer-term costs of construction and operation of state-funded buildings, and promote the use of appropriate Arkansas products in the buildings.

(1) State-funded building projects have a significant impact on the environment of our Natural State, the economy, and the health and productivity of building inhabitants;

(2) State government currently spends approximately seventy million dollars ($70,000,000) annually for electricity and natural gas consumed in state buildings, and energy expenditures have been increasing at nearly four percent (4%) per year over the last ten (10) years;

(3) It is incumbent upon Arkansas state government to lead by example to minimize energy use and environmental impact in state buildings;

(4) Innovations in building science, technology, and operations are available to maximize the economic utility of state-funded building projects and reduce energy costs, while achieving the best environmental performance and reducing adverse impacts on the environment; and

(5) Incorporating principles of sustainability in building design will enhance efficient management of material resources and waste, protect health and indoor environmental quality, reduce the longer-term costs of construction and operation of state-funded buildings, and promote the use of appropriate Arkansas products in the buildings.

(b) In recognition of the economic, energy conservation, and environmental benefits of sustainable building design, it is in the best interest of the State of Arkansas to initiate a process to encourage improved building practices, to provide support and information to assist state agencies in carrying out the purposes of this subchapter, and to continue development of the best building practices through a legislative task force to evaluate and report to the General Assembly the progress being made under this subchapter.

Acts 2005, No. 1770, § 1.
Ark. Code Ann. § 22-7-216 — AR Code / Title 22 / Chapter 7 / Subchapter 2 / Section 22-7-216
Hot Springs National Park - Tourist camps
Status: in_force

(a) Exclusive jurisdiction over that part of the Hot Springs National Park known and described as the automobile tourist camp and whose limits are particularly described by the following boundary lines: Commencing at the stone marking at the northeast corner of the northeast quarter of section thirty-three (33) township two (2) south range nineteen (19) west, thence east for five hundred twenty-eight feet (528') along the south line of the southwest quarter of section twenty-seven (27) township two (2) south range nineteen (19) west, thence north parallel with the reservation line for one thousand three hundred twenty feet (1320') to the north line of the southwest quarter of the southwest quarter of section twenty-seven (27) township two (2) south range nineteen (19) west, thence west for five hundred twenty-eight feet (528') along the north line of the southwest quarter of the southwest quarter of section twenty-seven (27) township two (2) south range nineteen (19) west to the east line of Hot Springs National Park, thence south along the line of Hot Springs National Park to the place of beginning, in the County of Garland, State of Arkansas, being a part of the permanent United States Hot Springs Reservation, is ceded to the United States to be exercised so long as it remains the property of the United States, except that this cession of jurisdiction shall not prevent the execution of any process of the state, civil or criminal, on any person who may be on the reservation or premises. (b) The right to tax all structures and other property in private ownership on the Hot Springs National Park, accorded the state by 26 Stat. 844, Ch. 533, § 5, is reserved to the State of Arkansas. Acts 1925, No. 231, § 1; Pope's Dig., § 5650; A.S.A. 1947, § 10-1125.

(a) Exclusive jurisdiction over that part of the Hot Springs National Park known and described as the automobile tourist camp and whose limits are particularly described by the following boundary lines: Commencing at the stone marking at the northeast corner of the northeast quarter of section thirty-three (33) township two (2) south range nineteen (19) west, thence east for five hundred twenty-eight feet (528') along the south line of the southwest quarter of section twenty-seven (27) township two (2) south range nineteen (19) west, thence north parallel with the reservation line for one thousand three hundred twenty feet (1320') to the north line of the southwest quarter of the southwest quarter of section twenty-seven (27) township two (2) south range nineteen (19) west, thence west for five hundred twenty-eight feet (528') along the north line of the southwest quarter of the southwest quarter of section twenty-seven (27) township two (2) south range nineteen (19) west to the east line of Hot Springs National Park, thence south along the line of Hot Springs National Park to the place of beginning, in the County of Garland, State of Arkansas, being a part of the permanent United States Hot Springs Reservation, is ceded to the United States to be exercised so long as it remains the property of the United States, except that this cession of jurisdiction shall not prevent the execution of any process of the state, civil or criminal, on any person who may be on the reservation or premises.

(b) The right to tax all structures and other property in private ownership on the Hot Springs National Park, accorded the state by 26 Stat. 844, Ch. 533, § 5, is reserved to the State of Arkansas.

Acts 1925, No. 231, § 1; Pope's Dig., § 5650; A.S.A. 1947, § 10-1125.
Ark. Code Ann. § 22-4-202 — AR Code / Title 22 / Chapter 4 / Subchapter 2 / Section 22-4-202
Reclassification of state parks
Status: in_force

The State Parks, Recreation, and Travel Commission shall periodically review the classification or designation of state parks as provided in § 22-4-201 and may reclassify any park when the commission determines that the facilities, attractions, public use, or recreational values thereof justify a reclassification under standards promulgated by the commission. Acts 1965, No. 37, § 3; A.S.A. 1947, § 9-611.

The State Parks, Recreation, and Travel Commission shall periodically review the classification or designation of state parks as provided in § 22-4-201 and may reclassify any park when the commission determines that the facilities, attractions, public use, or recreational values thereof justify a reclassification under standards promulgated by the commission.

Acts 1965, No. 37, § 3; A.S.A. 1947, § 9-611.
Ark. Code Ann. § 22-9-202 — AR Code / Title 22 / Chapter 9 / Subchapter 2 / Section 22-9-202
Construction of this sections and 22-9-203 and 22-9-204
Status: in_force

(a) It is the intent of this section and §§ 22-9-203 and 22-9-204 to provide a uniform procedure that a taxing unit shall follow when work is done under formal contract. (b) (1) This section and §§ 22-9-203 and 22-9-204 do not: (A) Prevent a taxing unit from performing any of the work or making any of the improvements referred to in this section and §§ 22-9-203 and 22-9-204 by the use of its own employees; or (B) Require that bids must be received from a contractor as a condition precedent to the right to use the taxing unit's own employees. (2) This section and §§ 22-9-203 and 22-9-204 do not prevent a county government from separately procuring: (A) Commodities in accordance with § 14-22-101 et seq.; (B) Professional services in accordance with § 19-11-801 et seq.; or (C) Construction work from one (1) or more separate contractors under separate contract or invoice so that the work is not included in calculating the bid requirement threshold of fifty thousand dollars ($50,000). (c) This section and §§ 22-9-203 and 22-9-204 do not amend or repeal any law that requires the publication of notice in those instances in which the estimated amount of the cost of the proposed improvements within the scope of the contract is more than fifty thousand dollars ($50,000). Amended by Act 2021, No. 440,§ 4, eff. 7/28/2021. Amended by Act 2021, No. 440,§ 3, eff. 7/28/2021. Amended by Act 2017, No. 725,§ 2, eff. 8/1/2017. Amended by Act 2017, No. 725,§ 1, eff. 8/1/2017. Amended by Act 2013, No. 494,§ 1, eff. 8/16/2013. Acts 1949, No. 159, § 4; A.S.A. 1947, § 14-614; Acts 2011, No. 618, § 1.

(a) It is the intent of this section and §§ 22-9-203 and 22-9-204 to provide a uniform procedure that a taxing unit shall follow when work is done under formal contract.

(b) (1) This section and §§ 22-9-203 and 22-9-204 do not: (A) Prevent a taxing unit from performing any of the work or making any of the improvements referred to in this section and §§ 22-9-203 and 22-9-204 by the use of its own employees; or (B) Require that bids must be received from a contractor as a condition precedent to the right to use the taxing unit's own employees. (2) This section and §§ 22-9-203 and 22-9-204 do not prevent a county government from separately procuring: (A) Commodities in accordance with § 14-22-101 et seq.; (B) Professional services in accordance with § 19-11-801 et seq.; or (C) Construction work from one (1) or more separate contractors under separate contract or invoice so that the work is not included in calculating the bid requirement threshold of fifty thousand dollars ($50,000).

(1) This section and §§ 22-9-203 and 22-9-204 do not: (A) Prevent a taxing unit from performing any of the work or making any of the improvements referred to in this section and §§ 22-9-203 and 22-9-204 by the use of its own employees; or (B) Require that bids must be received from a contractor as a condition precedent to the right to use the taxing unit's own employees.

(A) Prevent a taxing unit from performing any of the work or making any of the improvements referred to in this section and §§ 22-9-203 and 22-9-204 by the use of its own employees; or

(B) Require that bids must be received from a contractor as a condition precedent to the right to use the taxing unit's own employees.

(2) This section and §§ 22-9-203 and 22-9-204 do not prevent a county government from separately procuring: (A) Commodities in accordance with § 14-22-101 et seq.; (B) Professional services in accordance with § 19-11-801 et seq.; or (C) Construction work from one (1) or more separate contractors under separate contract or invoice so that the work is not included in calculating the bid requirement threshold of fifty thousand dollars ($50,000).

(A) Commodities in accordance with § 14-22-101 et seq.;

(B) Professional services in accordance with § 19-11-801 et seq.; or

(C) Construction work from one (1) or more separate contractors under separate contract or invoice so that the work is not included in calculating the bid requirement threshold of fifty thousand dollars ($50,000).

(c) This section and §§ 22-9-203 and 22-9-204 do not amend or repeal any law that requires the publication of notice in those instances in which the estimated amount of the cost of the proposed improvements within the scope of the contract is more than fifty thousand dollars ($50,000).

Amended by Act 2021, No. 440,§ 4, eff. 7/28/2021.

Amended by Act 2021, No. 440,§ 3, eff. 7/28/2021.

Amended by Act 2017, No. 725,§ 2, eff. 8/1/2017.

Amended by Act 2017, No. 725,§ 1, eff. 8/1/2017.

Amended by Act 2013, No. 494,§ 1, eff. 8/16/2013.

Acts 1949, No. 159, § 4; A.S.A. 1947, § 14-614; Acts 2011, No. 618, § 1.
Ark. Code Ann. § 22-8-207 — AR Code / Title 22 / Chapter 8 / Subchapter 2 / Section 22-8-207
Purchase from qualified vendors
Status: in_force

The Secretary of the Department of Finance and Administration shall have the authority to purchase new or used vehicles from qualified vendors in accordance with the Arkansas Procurement Law, § 19-11-201 et seq. Amended by Act 2019, No. 910,§ 3505, eff. 7/1/2019. Acts 1983, No. 493, § 9; A.S.A. 1947, § 14-536.

The Secretary of the Department of Finance and Administration shall have the authority to purchase new or used vehicles from qualified vendors in accordance with the Arkansas Procurement Law, § 19-11-201 et seq.

Amended by Act 2019, No. 910,§ 3505, eff. 7/1/2019.

Acts 1983, No. 493, § 9; A.S.A. 1947, § 14-536.
Ark. Code Ann. § 22-10-403 — AR Code / Title 22 / Chapter 10 / Subchapter 4 / Section 22-10-403
Freedom of information
Status: in_force

(a) This chapter does not abrogate the obligation of a responsible public entity to comply with the Freedom of Information Act of 1967, § 25-19-101 et seq. (b) (1) However, records that would otherwise be exempt from disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq., including without limitation confidential and proprietary information, remain exempt when in the custody or control of a public entity, the Chief Fiscal Officer of the State, or the Governor. (2) Records related to a qualifying project that are provided to or compiled or developed by a public entity, the Chief Fiscal Officer of the State, or the Governor in furtherance of the entity's or officer's powers, duties, or obligations under this chapter are exempt under § 25-19-105(b)(9)(A) as files that would give an advantage to competitors or bidders. Added by Act 2017, No. 813,§ 1, eff. 8/1/2017.

(a) This chapter does not abrogate the obligation of a responsible public entity to comply with the Freedom of Information Act of 1967, § 25-19-101 et seq.

(b) (1) However, records that would otherwise be exempt from disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq., including without limitation confidential and proprietary information, remain exempt when in the custody or control of a public entity, the Chief Fiscal Officer of the State, or the Governor. (2) Records related to a qualifying project that are provided to or compiled or developed by a public entity, the Chief Fiscal Officer of the State, or the Governor in furtherance of the entity's or officer's powers, duties, or obligations under this chapter are exempt under § 25-19-105(b)(9)(A) as files that would give an advantage to competitors or bidders.

(1) However, records that would otherwise be exempt from disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq., including without limitation confidential and proprietary information, remain exempt when in the custody or control of a public entity, the Chief Fiscal Officer of the State, or the Governor.

(2) Records related to a qualifying project that are provided to or compiled or developed by a public entity, the Chief Fiscal Officer of the State, or the Governor in furtherance of the entity's or officer's powers, duties, or obligations under this chapter are exempt under § 25-19-105(b)(9)(A) as files that would give an advantage to competitors or bidders.

Added by Act 2017, No. 813,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 22-3-2002 — AR Code / Title 22 / Chapter 3 / Subchapter 20 / Section 22-3-2002
Definitions
Status: in_force

As used in this subchapter: (1) "Institution of higher education" means a state-supported university or college; (2) "Life-cycle cost analysis" means an analytical technique that considers the costs of owning, using, and operating a facility over its economic life, including without limitation: (A) Initial costs; (B) System repair and replacement costs; (C) Maintenance costs; (D) Operating costs, including energy costs; and (E) Salvage value; (3) (A) "Major facility" means a construction project of: (i) A single building larger than twenty thousand (20,000) gross square feet of occupied or conditioned space; or (ii) Aggregate buildings larger than fifty thousand (50,000) combined square feet of occupied or conditioned space. (B) "Major facility" does not include a transmitter building or a pumping station; (4) "Major renovation" means a building renovation project that: (A) Costs more than fifty percent (50%) of its current replacement value; (B) Is a single building larger than twenty thousand (20,000) gross square feet of occupied or conditioned space or aggregate buildings larger than fifty thousand (50,000) combined square feet of occupied or conditioned space; and (C) Is funded in whole or in part by the state; (5) "Public agency" means a state agency, office, officer, board, department, or commission with more than fifty thousand (50,000) gross square feet of occupied or conditioned space; and (6) "Sustainable, energy-efficient public building" means a public building that: (A) Has the most economical energy and water efficiency for that type of building; and (B) Is in compliance with this subchapter. Amended by Act 2019, No. 674,§ 2, eff. 7/24/2019. Acts 2009, No. 1494, § 1.

As used in this subchapter:

(1) "Institution of higher education" means a state-supported university or college;

(2) "Life-cycle cost analysis" means an analytical technique that considers the costs of owning, using, and operating a facility over its economic life, including without limitation: (A) Initial costs; (B) System repair and replacement costs; (C) Maintenance costs; (D) Operating costs, including energy costs; and (E) Salvage value;

(A) Initial costs;

(B) System repair and replacement costs;

(C) Maintenance costs;

(D) Operating costs, including energy costs; and

(E) Salvage value;

(3) (A) "Major facility" means a construction project of: (i) A single building larger than twenty thousand (20,000) gross square feet of occupied or conditioned space; or (ii) Aggregate buildings larger than fifty thousand (50,000) combined square feet of occupied or conditioned space. (B) "Major facility" does not include a transmitter building or a pumping station;

(A) "Major facility" means a construction project of: (i) A single building larger than twenty thousand (20,000) gross square feet of occupied or conditioned space; or (ii) Aggregate buildings larger than fifty thousand (50,000) combined square feet of occupied or conditioned space.

(i) A single building larger than twenty thousand (20,000) gross square feet of occupied or conditioned space; or

(ii) Aggregate buildings larger than fifty thousand (50,000) combined square feet of occupied or conditioned space.

(B) "Major facility" does not include a transmitter building or a pumping station;

(4) "Major renovation" means a building renovation project that: (A) Costs more than fifty percent (50%) of its current replacement value; (B) Is a single building larger than twenty thousand (20,000) gross square feet of occupied or conditioned space or aggregate buildings larger than fifty thousand (50,000) combined square feet of occupied or conditioned space; and (C) Is funded in whole or in part by the state;

(A) Costs more than fifty percent (50%) of its current replacement value;

(B) Is a single building larger than twenty thousand (20,000) gross square feet of occupied or conditioned space or aggregate buildings larger than fifty thousand (50,000) combined square feet of occupied or conditioned space; and

(C) Is funded in whole or in part by the state;

(5) "Public agency" means a state agency, office, officer, board, department, or commission with more than fifty thousand (50,000) gross square feet of occupied or conditioned space; and

(6) "Sustainable, energy-efficient public building" means a public building that: (A) Has the most economical energy and water efficiency for that type of building; and (B) Is in compliance with this subchapter.

(A) Has the most economical energy and water efficiency for that type of building; and

(B) Is in compliance with this subchapter.

Amended by Act 2019, No. 674,§ 2, eff. 7/24/2019.

Acts 2009, No. 1494, § 1.
Ark. Code Ann. § 22-9-311 — AR Code / Title 22 / Chapter 9 / Subchapter 3 / Section 22-9-311
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1068,§ 1, eff. 4/6/2017. Acts 1969, No. 74, § 11; A.S.A. 1947, § 14-640; Acts 1995, No. 548, § 7.

Repealed by Act 2017, No. 1068,§ 1, eff. 4/6/2017.

Acts 1969, No. 74, § 11; A.S.A. 1947, § 14-640; Acts 1995, No. 548, § 7.
Ark. Code Ann. § 22-3-2006 — AR Code / Title 22 / Chapter 3 / Subchapter 20 / Section 22-3-2006
Program to manage energy usage of public agencies
Status: in_force

(a) The Arkansas Energy Office of the Division of Environmental Quality shall: (1) Develop an energy program to manage energy, water, and other utility uses for public agencies that will reduce total aggregate energy consumption per gross square foot for all existing applicable public agency buildings if the savings can be justified by a life-cycle cost analysis; (2) Update this program annually; and (3) Recommend public agency energy consumption reduction goals every five (5) years. (b) To implement its program, the office shall to the extent funds are available and appropriated: (1) Develop and implement policies, procedures, and standards to ensure that a public agency's purchasing practices: (A) Improve the efficiency of energy, water, and other utility uses; and (B) Consider the cost of the product over its economic life; (2) Adopt and implement building energy design guidelines for public agencies that include without limitation: (A) Energy-use goals and standards; (B) Economic assumptions for life-cycle cost analysis; and (C) Other criteria for building systems and technologies; (3) Identify and recommend energy conservation maintenance and operating procedures that: (A) Are designed to reduce energy consumption within the public facility; and (B) Require no significant expenditure of funds; (4) Require the maximum interchangeability and compatibility of equipment components when energy management equipment is proposed for any facility of a public agency; and (5) Offer substantial recognition to a public agency that acts in a manner that furthers the program and goals under this section. (c) The office may adopt architectural and engineering standards to implement this section. (d) A public agency shall: (1) Submit annually by October 31 to the office a written report of the public agency's utility consumption and costs by fuel to which the office shall respond with a recommendation annually by June 30; (2) Complete construction and renovation of a facility in a manner that: (A) Furthers the program and goals under this section; and (B) Ensures the use of life-cycle cost analyses and practices to conserve energy, water, and other utilities; and (3) Comply with the office's program under subdivision (b)(1) of this section, to the extent funds are available and appropriated. Amended by Act 2019, No. 674,§ 7, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3231, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3230, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3229, eff. 7/1/2019. Amended by Act 2017, No. 271,§ 19, eff. 8/1/2017. Amended by Act 2017, No. 271,§ 18, eff. 8/1/2017. Amended by Act 2017, No. 271,§ 17, eff. 8/1/2017. Acts 2009, No. 1494, § 1; 2011, No. 803, §§ 5, 6.

(a) The Arkansas Energy Office of the Division of Environmental Quality shall: (1) Develop an energy program to manage energy, water, and other utility uses for public agencies that will reduce total aggregate energy consumption per gross square foot for all existing applicable public agency buildings if the savings can be justified by a life-cycle cost analysis; (2) Update this program annually; and (3) Recommend public agency energy consumption reduction goals every five (5) years.

(1) Develop an energy program to manage energy, water, and other utility uses for public agencies that will reduce total aggregate energy consumption per gross square foot for all existing applicable public agency buildings if the savings can be justified by a life-cycle cost analysis;

(2) Update this program annually; and

(3) Recommend public agency energy consumption reduction goals every five (5) years.

(b) To implement its program, the office shall to the extent funds are available and appropriated: (1) Develop and implement policies, procedures, and standards to ensure that a public agency's purchasing practices: (A) Improve the efficiency of energy, water, and other utility uses; and (B) Consider the cost of the product over its economic life; (2) Adopt and implement building energy design guidelines for public agencies that include without limitation: (A) Energy-use goals and standards; (B) Economic assumptions for life-cycle cost analysis; and (C) Other criteria for building systems and technologies; (3) Identify and recommend energy conservation maintenance and operating procedures that: (A) Are designed to reduce energy consumption within the public facility; and (B) Require no significant expenditure of funds; (4) Require the maximum interchangeability and compatibility of equipment components when energy management equipment is proposed for any facility of a public agency; and (5) Offer substantial recognition to a public agency that acts in a manner that furthers the program and goals under this section.

(1) Develop and implement policies, procedures, and standards to ensure that a public agency's purchasing practices: (A) Improve the efficiency of energy, water, and other utility uses; and (B) Consider the cost of the product over its economic life;

(A) Improve the efficiency of energy, water, and other utility uses; and

(B) Consider the cost of the product over its economic life;

(2) Adopt and implement building energy design guidelines for public agencies that include without limitation: (A) Energy-use goals and standards; (B) Economic assumptions for life-cycle cost analysis; and (C) Other criteria for building systems and technologies;

(A) Energy-use goals and standards;

(B) Economic assumptions for life-cycle cost analysis; and

(C) Other criteria for building systems and technologies;

(3) Identify and recommend energy conservation maintenance and operating procedures that: (A) Are designed to reduce energy consumption within the public facility; and (B) Require no significant expenditure of funds;

(A) Are designed to reduce energy consumption within the public facility; and

(B) Require no significant expenditure of funds;

(4) Require the maximum interchangeability and compatibility of equipment components when energy management equipment is proposed for any facility of a public agency; and

(5) Offer substantial recognition to a public agency that acts in a manner that furthers the program and goals under this section.

(c) The office may adopt architectural and engineering standards to implement this section.

(d) A public agency shall: (1) Submit annually by October 31 to the office a written report of the public agency's utility consumption and costs by fuel to which the office shall respond with a recommendation annually by June 30; (2) Complete construction and renovation of a facility in a manner that: (A) Furthers the program and goals under this section; and (B) Ensures the use of life-cycle cost analyses and practices to conserve energy, water, and other utilities; and (3) Comply with the office's program under subdivision (b)(1) of this section, to the extent funds are available and appropriated.

(1) Submit annually by October 31 to the office a written report of the public agency's utility consumption and costs by fuel to which the office shall respond with a recommendation annually by June 30;

(2) Complete construction and renovation of a facility in a manner that: (A) Furthers the program and goals under this section; and (B) Ensures the use of life-cycle cost analyses and practices to conserve energy, water, and other utilities; and

(A) Furthers the program and goals under this section; and

(B) Ensures the use of life-cycle cost analyses and practices to conserve energy, water, and other utilities; and

(3) Comply with the office's program under subdivision (b)(1) of this section, to the extent funds are available and appropriated.

Amended by Act 2019, No. 674,§ 7, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3231, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3230, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3229, eff. 7/1/2019.

Amended by Act 2017, No. 271,§ 19, eff. 8/1/2017.

Amended by Act 2017, No. 271,§ 18, eff. 8/1/2017.

Amended by Act 2017, No. 271,§ 17, eff. 8/1/2017.

Acts 2009, No. 1494, § 1; 2011, No. 803, §§ 5, 6.
Ark. Code Ann. § 22-2-118 — AR Code / Title 22 / Chapter 2 / Section 22-2-118
Plans, specifications, and estimates of costs
Status: in_force

The Building Authority Division is authorized to employ, except as limited by § 22-2-108(9) , such persons as may be necessary to prepare plans, specifications, and estimates of costs for capital improvements which, under the provisions of this chapter, are the responsibility of the division. Amended by Act 2019, No. 910,§ 6180, eff. 7/1/2019. Amended by Act 2015EX1, No. 8,§ 36, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 36, eff. 7/1/2015. Acts 1975, No. 716, § 10; A.S.A. 1947, § 5-1027.

The Building Authority Division is authorized to employ, except as limited by § 22-2-108(9) , such persons as may be necessary to prepare plans, specifications, and estimates of costs for capital improvements which, under the provisions of this chapter, are the responsibility of the division.

Amended by Act 2019, No. 910,§ 6180, eff. 7/1/2019.

Amended by Act 2015EX1, No. 8,§ 36, eff. 7/1/2015.

Amended by Act 2015EX1, No. 7,§ 36, eff. 7/1/2015.

Acts 1975, No. 716, § 10; A.S.A. 1947, § 5-1027.
Ark. Code Ann. § 22-9-808 — AR Code / Title 22 / Chapter 9 / Subchapter 8 / Section 22-9-808
Applicability
Status: in_force

(a) This subchapter does not apply to public construction contracts executed before July 22, 2015. (b) This subchapter does not: (1) Prohibit an employer or other party from entering into an agreement or engaging in another activity protected by the National Labor Relations Act, 29 U.S.C. §§ 151 - 169 ; (2) Interfere with labor relations of parties that are left unregulated under the National Labor Relations Act, 29 U.S.C. §§ 151 - 169 ; or (3) Prohibit a public agency from awarding a public contract, grant, tax abatement, or tax credit to a private owner, bidder, contractor, or subcontractor who enters into or who is a party to an agreement with a collective bargaining organization if: (A) Being or becoming a party or adhering to an agreement with a collective bargaining organization is not a condition for the award of the public contract, grant, tax abatement, or tax credit; and (B) The public agency does not discriminate against a private owner, bidder, contractor, or subcontractor in the awarding of the public contract, grant, tax abatement, or tax credit based on the status of the private owner, bidder, contractor, or subcontractor as being or becoming, or the willingness or refusal of the private owner, bidder, contractor, or subcontractor to become, a party to an agreement with a collective bargaining organization. Added by Act 2015, No. 600,§ 1, eff. 7/22/2015.

(a) This subchapter does not apply to public construction contracts executed before July 22, 2015.

(b) This subchapter does not: (1) Prohibit an employer or other party from entering into an agreement or engaging in another activity protected by the National Labor Relations Act, 29 U.S.C. §§ 151 - 169 ; (2) Interfere with labor relations of parties that are left unregulated under the National Labor Relations Act, 29 U.S.C. §§ 151 - 169 ; or (3) Prohibit a public agency from awarding a public contract, grant, tax abatement, or tax credit to a private owner, bidder, contractor, or subcontractor who enters into or who is a party to an agreement with a collective bargaining organization if: (A) Being or becoming a party or adhering to an agreement with a collective bargaining organization is not a condition for the award of the public contract, grant, tax abatement, or tax credit; and (B) The public agency does not discriminate against a private owner, bidder, contractor, or subcontractor in the awarding of the public contract, grant, tax abatement, or tax credit based on the status of the private owner, bidder, contractor, or subcontractor as being or becoming, or the willingness or refusal of the private owner, bidder, contractor, or subcontractor to become, a party to an agreement with a collective bargaining organization.

(1) Prohibit an employer or other party from entering into an agreement or engaging in another activity protected by the National Labor Relations Act, 29 U.S.C. §§ 151 - 169 ;

(2) Interfere with labor relations of parties that are left unregulated under the National Labor Relations Act, 29 U.S.C. §§ 151 - 169 ; or

(3) Prohibit a public agency from awarding a public contract, grant, tax abatement, or tax credit to a private owner, bidder, contractor, or subcontractor who enters into or who is a party to an agreement with a collective bargaining organization if: (A) Being or becoming a party or adhering to an agreement with a collective bargaining organization is not a condition for the award of the public contract, grant, tax abatement, or tax credit; and (B) The public agency does not discriminate against a private owner, bidder, contractor, or subcontractor in the awarding of the public contract, grant, tax abatement, or tax credit based on the status of the private owner, bidder, contractor, or subcontractor as being or becoming, or the willingness or refusal of the private owner, bidder, contractor, or subcontractor to become, a party to an agreement with a collective bargaining organization.

(A) Being or becoming a party or adhering to an agreement with a collective bargaining organization is not a condition for the award of the public contract, grant, tax abatement, or tax credit; and

(B) The public agency does not discriminate against a private owner, bidder, contractor, or subcontractor in the awarding of the public contract, grant, tax abatement, or tax credit based on the status of the private owner, bidder, contractor, or subcontractor as being or becoming, or the willingness or refusal of the private owner, bidder, contractor, or subcontractor to become, a party to an agreement with a collective bargaining organization.

Added by Act 2015, No. 600,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 22-7-209 — AR Code / Title 22 / Chapter 7 / Subchapter 2 / Section 22-7-209
Building site - Helena
Status: in_force

The State of Arkansas consents to the purchase by the United States of a site for a public building mentioned in 25 Stat. 84, Ch. 80, and cedes to the United States exclusive jurisdiction over any lot or block of ground within the corporate limits of the City of Helena, not exceeding in area three hundred sixty feet (360') square, which may be so purchased by the United States, during the time the United States remains the owner thereof, for all purposes except the administration of the criminal laws of the state and the service of civil process therein. Acts 1889, No. 11, § 1, p. 9; C. & M. Dig., § 4555; Pope's Dig., § 5635; A.S.A. 1947, § 10-1115.

The State of Arkansas consents to the purchase by the United States of a site for a public building mentioned in 25 Stat. 84, Ch. 80, and cedes to the United States exclusive jurisdiction over any lot or block of ground within the corporate limits of the City of Helena, not exceeding in area three hundred sixty feet (360') square, which may be so purchased by the United States, during the time the United States remains the owner thereof, for all purposes except the administration of the criminal laws of the state and the service of civil process therein.

Acts 1889, No. 11, § 1, p. 9; C. & M. Dig., § 4555; Pope's Dig., § 5635; A.S.A. 1947, § 10-1115.
Ark. Code Ann. § 22-3-1806 — AR Code / Title 22 / Chapter 3 / Subchapter 18 / Section 22-3-1806
[Repealed]
Status: repealed

Repealed by Act 2016EX3, No. 3,§ 87, eff. 5/23/2016. Acts 2005, No. 1770, § 1; 2007, No. 1034, §§ 1, 2; 2009, No. 1336, § 1. Repealed by Act 2016EX3, No. 2,§ 87, eff. 5/23/2016.

Repealed by Act 2016EX3, No. 3,§ 87, eff. 5/23/2016.

Acts 2005, No. 1770, § 1; 2007, No. 1034, §§ 1, 2; 2009, No. 1336, § 1.

Repealed by Act 2016EX3, No. 2,§ 87, eff. 5/23/2016.
Ark. Code Ann. § 22-2-107 — AR Code / Title 22 / Chapter 2 / Section 22-2-107
Creation of Building Authority Division sections
Status: in_force

(a) There are created within the Building Authority Division the following sections which shall have the duties and responsibilities designated by the Secretary of the Department of Transformation and Shared Services and which may include, in relation to other provisions of this chapter, the duties and responsibilities respectively designated in this section: (1) CONSTRUCTION SECTION. The Construction Section shall: (A) Supervise the bidding and awarding of contracts for new construction and renovations for or by state agencies' capital improvements; (B) Establish and maintain complete construction files on all jobs, including plans and specifications for alterations, renovations, and repairs of all capital improvements; (C) Approve all proposed contracts, change orders, and final payments requests; (D) Ensure that on-site observation of all construction projects, alterations, and repairs is accomplished on a regular basis and maintain records of those observations; (E) Obtain and maintain construction inspection and observation reports from architects or engineers or their consultants from state agencies and institutions for all capital improvement construction projects; (F) (i) Conduct visits with the design professional to determine the responsibility and performance required by the contract documents. (ii) On-site observations by design professionals shall concur with the contractor's payment request and shall be submitted in written form with the pay request. (iii) The inspection and observation reports shall be as adopted by the secretary. (iv) State agencies shall engage the services of licensed architects or engineers for all projects covered by the Arkansas Architectural Act, § 17-15-101 et seq., and § 17-30-101 et seq.; and (G) Ensure that the construction of all projects complies with the contract documents; (2) BUILDING OPERATIONS SECTION. The Building Operations Section shall: (A) Operate, maintain, and manage public buildings as required by the provisions of this chapter or otherwise by law; (B) Provide for maintenance and operation, including janitorial services for any buildings, structures, or grounds which are owned, leased, or managed by the division as may be required by the provisions of this chapter; and (C) Develop and, upon adoption by the secretary, enforce procedures, standards, and criteria designed to standardize the level of maintenance on all public buildings and other capital improvements; (3) DESIGN REVIEW SECTION. The Design Review Section shall: (A) Establish procedures for the selection of engineering, environmental, architectural, and building design consultants' services by state agencies and by the division. The procedures shall ensure an equitable opportunity for all persons and firms; (B) Encourage, within the rules of the state, the timely and expedient commitment and expenditure of appropriations for capital improvements; (C) Establish standard fee schedules for design professional consultant services for capital improvements; (D) Develop and establish minimum design standards and criteria, which shall be made available to all design professionals in the state; (E) Utilize, require, or undertake studies concerning the needs for and costs of proposed capital improvements; (F) Review and approve, consistent with the provisions of this chapter, contracts for design professional consultant services, preliminary plans, cost estimates, building programs, feasibility studies, and construction bid documents for capital improvements and mediate architectural and engineering design and construction-related problems; (G) Assist in analyzing architectural and engineering design and construction problems at state-owned facilities; (H) Ensure that state agencies shall engage the services of licensed architects and licensed engineers for capital improvement projects which are not exempted by the requirements of: (i) The Arkansas Architectural Act, § 17-15-101 et seq.; (ii) Section 17-30-101 et seq.; and (iii) Section 22-9-101 et seq.; and (I) The secretary shall employ within the Design Review Section the State Architect and the State Engineer who shall have sufficient private practice experience within their respective fields as well as be registered and licensed within the state; and (4) REAL ESTATE SERVICES SECTION. The Real Estate Services Section shall: (A) Develop and enforce minimum leasing, sale, and purchase of property standards and criteria for consideration and adoption by the secretary; (B) Design standard lease forms to be approved by the secretary for use by state agencies as provided in this chapter; (C) Assist state agencies and the secretary in determining and evaluating rental space needs and the allocation of space for state agencies; (D) Conduct surveys to determine available rental space that meets minimum leasing standards and criteria and that may be available for use by state agencies; (E) Otherwise carry out and administer those duties and responsibilities delegated to the Real Estate Services Section by the secretary and assist state agencies to ensure that rental space acquired and utilized by state agencies is acquired and utilized in a manner consistent with the intent of this chapter so that no state agency shall lease space that is not absolutely essential to the efficient performance of its duties and responsibilities; and (F) Carry out and administer those duties and responsibilities involving the purchase or sale of property by state agencies that are under the jurisdiction of the division so as to ensure that the property is sold or purchased in a manner consistent with Arkansas laws and rules. (b) The secretary may transfer the various duties and functions among the various sections of the division and effect any other organizational or administrative changes that may be necessary to bring about the efficient and effective implementation of this chapter. Amended by Act 2019, No. 315,§ 2343, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2342, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 6157, eff. 7/1/2019. Amended by Act 2016EX3, No. 3,§ 54, eff. 5/23/2016. Amended by Act 2016EX3, No. 2,§ 54, eff. 5/23/2016. Amended by Act 2015EX1, No. 8,§ 25, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 25, eff. 7/1/2015. Acts 1975, No. 716, § 5; A.S.A. 1947, § 5-1022; Acts 1987, No. 815, §§ 1, 2; 1995, No. 983, § 1; 1999, No. 494, § 1; 2001, No. 542, § 1; 2003, No. 364, §§ 9, 10; 2003, No. 827, §§ 1, 2; 2007, No. 186, § 8; 2009, No. 193, § 7.

(a) There are created within the Building Authority Division the following sections which shall have the duties and responsibilities designated by the Secretary of the Department of Transformation and Shared Services and which may include, in relation to other provisions of this chapter, the duties and responsibilities respectively designated in this section: (1) CONSTRUCTION SECTION. The Construction Section shall: (A) Supervise the bidding and awarding of contracts for new construction and renovations for or by state agencies' capital improvements; (B) Establish and maintain complete construction files on all jobs, including plans and specifications for alterations, renovations, and repairs of all capital improvements; (C) Approve all proposed contracts, change orders, and final payments requests; (D) Ensure that on-site observation of all construction projects, alterations, and repairs is accomplished on a regular basis and maintain records of those observations; (E) Obtain and maintain construction inspection and observation reports from architects or engineers or their consultants from state agencies and institutions for all capital improvement construction projects; (F) (i) Conduct visits with the design professional to determine the responsibility and performance required by the contract documents. (ii) On-site observations by design professionals shall concur with the contractor's payment request and shall be submitted in written form with the pay request. (iii) The inspection and observation reports shall be as adopted by the secretary. (iv) State agencies shall engage the services of licensed architects or engineers for all projects covered by the Arkansas Architectural Act, § 17-15-101 et seq., and § 17-30-101 et seq.; and (G) Ensure that the construction of all projects complies with the contract documents; (2) BUILDING OPERATIONS SECTION. The Building Operations Section shall: (A) Operate, maintain, and manage public buildings as required by the provisions of this chapter or otherwise by law; (B) Provide for maintenance and operation, including janitorial services for any buildings, structures, or grounds which are owned, leased, or managed by the division as may be required by the provisions of this chapter; and (C) Develop and, upon adoption by the secretary, enforce procedures, standards, and criteria designed to standardize the level of maintenance on all public buildings and other capital improvements; (3) DESIGN REVIEW SECTION. The Design Review Section shall: (A) Establish procedures for the selection of engineering, environmental, architectural, and building design consultants' services by state agencies and by the division. The procedures shall ensure an equitable opportunity for all persons and firms; (B) Encourage, within the rules of the state, the timely and expedient commitment and expenditure of appropriations for capital improvements; (C) Establish standard fee schedules for design professional consultant services for capital improvements; (D) Develop and establish minimum design standards and criteria, which shall be made available to all design professionals in the state; (E) Utilize, require, or undertake studies concerning the needs for and costs of proposed capital improvements; (F) Review and approve, consistent with the provisions of this chapter, contracts for design professional consultant services, preliminary plans, cost estimates, building programs, feasibility studies, and construction bid documents for capital improvements and mediate architectural and engineering design and construction-related problems; (G) Assist in analyzing architectural and engineering design and construction problems at state-owned facilities; (H) Ensure that state agencies shall engage the services of licensed architects and licensed engineers for capital improvement projects which are not exempted by the requirements of: (i) The Arkansas Architectural Act, § 17-15-101 et seq.; (ii) Section 17-30-101 et seq.; and (iii) Section 22-9-101 et seq.; and (I) The secretary shall employ within the Design Review Section the State Architect and the State Engineer who shall have sufficient private practice experience within their respective fields as well as be registered and licensed within the state; and (4) REAL ESTATE SERVICES SECTION. The Real Estate Services Section shall: (A) Develop and enforce minimum leasing, sale, and purchase of property standards and criteria for consideration and adoption by the secretary; (B) Design standard lease forms to be approved by the secretary for use by state agencies as provided in this chapter; (C) Assist state agencies and the secretary in determining and evaluating rental space needs and the allocation of space for state agencies; (D) Conduct surveys to determine available rental space that meets minimum leasing standards and criteria and that may be available for use by state agencies; (E) Otherwise carry out and administer those duties and responsibilities delegated to the Real Estate Services Section by the secretary and assist state agencies to ensure that rental space acquired and utilized by state agencies is acquired and utilized in a manner consistent with the intent of this chapter so that no state agency shall lease space that is not absolutely essential to the efficient performance of its duties and responsibilities; and (F) Carry out and administer those duties and responsibilities involving the purchase or sale of property by state agencies that are under the jurisdiction of the division so as to ensure that the property is sold or purchased in a manner consistent with Arkansas laws and rules.

(1) CONSTRUCTION SECTION. The Construction Section shall: (A) Supervise the bidding and awarding of contracts for new construction and renovations for or by state agencies' capital improvements; (B) Establish and maintain complete construction files on all jobs, including plans and specifications for alterations, renovations, and repairs of all capital improvements; (C) Approve all proposed contracts, change orders, and final payments requests; (D) Ensure that on-site observation of all construction projects, alterations, and repairs is accomplished on a regular basis and maintain records of those observations; (E) Obtain and maintain construction inspection and observation reports from architects or engineers or their consultants from state agencies and institutions for all capital improvement construction projects; (F) (i) Conduct visits with the design professional to determine the responsibility and performance required by the contract documents. (ii) On-site observations by design professionals shall concur with the contractor's payment request and shall be submitted in written form with the pay request. (iii) The inspection and observation reports shall be as adopted by the secretary. (iv) State agencies shall engage the services of licensed architects or engineers for all projects covered by the Arkansas Architectural Act, § 17-15-101 et seq., and § 17-30-101 et seq.; and (G) Ensure that the construction of all projects complies with the contract documents;

(A) Supervise the bidding and awarding of contracts for new construction and renovations for or by state agencies' capital improvements;

(B) Establish and maintain complete construction files on all jobs, including plans and specifications for alterations, renovations, and repairs of all capital improvements;

(C) Approve all proposed contracts, change orders, and final payments requests;

(D) Ensure that on-site observation of all construction projects, alterations, and repairs is accomplished on a regular basis and maintain records of those observations;

(E) Obtain and maintain construction inspection and observation reports from architects or engineers or their consultants from state agencies and institutions for all capital improvement construction projects;

(F) (i) Conduct visits with the design professional to determine the responsibility and performance required by the contract documents. (ii) On-site observations by design professionals shall concur with the contractor's payment request and shall be submitted in written form with the pay request. (iii) The inspection and observation reports shall be as adopted by the secretary. (iv) State agencies shall engage the services of licensed architects or engineers for all projects covered by the Arkansas Architectural Act, § 17-15-101 et seq., and § 17-30-101 et seq.; and

(i) Conduct visits with the design professional to determine the responsibility and performance required by the contract documents.

(ii) On-site observations by design professionals shall concur with the contractor's payment request and shall be submitted in written form with the pay request.

(iii) The inspection and observation reports shall be as adopted by the secretary.

(iv) State agencies shall engage the services of licensed architects or engineers for all projects covered by the Arkansas Architectural Act, § 17-15-101 et seq., and § 17-30-101 et seq.; and

(G) Ensure that the construction of all projects complies with the contract documents;

(2) BUILDING OPERATIONS SECTION. The Building Operations Section shall: (A) Operate, maintain, and manage public buildings as required by the provisions of this chapter or otherwise by law; (B) Provide for maintenance and operation, including janitorial services for any buildings, structures, or grounds which are owned, leased, or managed by the division as may be required by the provisions of this chapter; and (C) Develop and, upon adoption by the secretary, enforce procedures, standards, and criteria designed to standardize the level of maintenance on all public buildings and other capital improvements;

(A) Operate, maintain, and manage public buildings as required by the provisions of this chapter or otherwise by law;

(B) Provide for maintenance and operation, including janitorial services for any buildings, structures, or grounds which are owned, leased, or managed by the division as may be required by the provisions of this chapter; and

(C) Develop and, upon adoption by the secretary, enforce procedures, standards, and criteria designed to standardize the level of maintenance on all public buildings and other capital improvements;

(3) DESIGN REVIEW SECTION. The Design Review Section shall: (A) Establish procedures for the selection of engineering, environmental, architectural, and building design consultants' services by state agencies and by the division. The procedures shall ensure an equitable opportunity for all persons and firms; (B) Encourage, within the rules of the state, the timely and expedient commitment and expenditure of appropriations for capital improvements; (C) Establish standard fee schedules for design professional consultant services for capital improvements; (D) Develop and establish minimum design standards and criteria, which shall be made available to all design professionals in the state; (E) Utilize, require, or undertake studies concerning the needs for and costs of proposed capital improvements; (F) Review and approve, consistent with the provisions of this chapter, contracts for design professional consultant services, preliminary plans, cost estimates, building programs, feasibility studies, and construction bid documents for capital improvements and mediate architectural and engineering design and construction-related problems; (G) Assist in analyzing architectural and engineering design and construction problems at state-owned facilities; (H) Ensure that state agencies shall engage the services of licensed architects and licensed engineers for capital improvement projects which are not exempted by the requirements of: (i) The Arkansas Architectural Act, § 17-15-101 et seq.; (ii) Section 17-30-101 et seq.; and (iii) Section 22-9-101 et seq.; and (I) The secretary shall employ within the Design Review Section the State Architect and the State Engineer who shall have sufficient private practice experience within their respective fields as well as be registered and licensed within the state; and

(A) Establish procedures for the selection of engineering, environmental, architectural, and building design consultants' services by state agencies and by the division. The procedures shall ensure an equitable opportunity for all persons and firms;

(B) Encourage, within the rules of the state, the timely and expedient commitment and expenditure of appropriations for capital improvements;

(C) Establish standard fee schedules for design professional consultant services for capital improvements;

(D) Develop and establish minimum design standards and criteria, which shall be made available to all design professionals in the state;

(E) Utilize, require, or undertake studies concerning the needs for and costs of proposed capital improvements;

(F) Review and approve, consistent with the provisions of this chapter, contracts for design professional consultant services, preliminary plans, cost estimates, building programs, feasibility studies, and construction bid documents for capital improvements and mediate architectural and engineering design and construction-related problems;

(G) Assist in analyzing architectural and engineering design and construction problems at state-owned facilities;

(H) Ensure that state agencies shall engage the services of licensed architects and licensed engineers for capital improvement projects which are not exempted by the requirements of: (i) The Arkansas Architectural Act, § 17-15-101 et seq.; (ii) Section 17-30-101 et seq.; and (iii) Section 22-9-101 et seq.; and

(i) The Arkansas Architectural Act, § 17-15-101 et seq.;

(ii) Section 17-30-101 et seq.; and

(iii) Section 22-9-101 et seq.; and

(I) The secretary shall employ within the Design Review Section the State Architect and the State Engineer who shall have sufficient private practice experience within their respective fields as well as be registered and licensed within the state; and

(4) REAL ESTATE SERVICES SECTION. The Real Estate Services Section shall: (A) Develop and enforce minimum leasing, sale, and purchase of property standards and criteria for consideration and adoption by the secretary; (B) Design standard lease forms to be approved by the secretary for use by state agencies as provided in this chapter; (C) Assist state agencies and the secretary in determining and evaluating rental space needs and the allocation of space for state agencies; (D) Conduct surveys to determine available rental space that meets minimum leasing standards and criteria and that may be available for use by state agencies; (E) Otherwise carry out and administer those duties and responsibilities delegated to the Real Estate Services Section by the secretary and assist state agencies to ensure that rental space acquired and utilized by state agencies is acquired and utilized in a manner consistent with the intent of this chapter so that no state agency shall lease space that is not absolutely essential to the efficient performance of its duties and responsibilities; and (F) Carry out and administer those duties and responsibilities involving the purchase or sale of property by state agencies that are under the jurisdiction of the division so as to ensure that the property is sold or purchased in a manner consistent with Arkansas laws and rules.

(A) Develop and enforce minimum leasing, sale, and purchase of property standards and criteria for consideration and adoption by the secretary;

(B) Design standard lease forms to be approved by the secretary for use by state agencies as provided in this chapter;

(C) Assist state agencies and the secretary in determining and evaluating rental space needs and the allocation of space for state agencies;

(D) Conduct surveys to determine available rental space that meets minimum leasing standards and criteria and that may be available for use by state agencies;

(E) Otherwise carry out and administer those duties and responsibilities delegated to the Real Estate Services Section by the secretary and assist state agencies to ensure that rental space acquired and utilized by state agencies is acquired and utilized in a manner consistent with the intent of this chapter so that no state agency shall lease space that is not absolutely essential to the efficient performance of its duties and responsibilities; and

(F) Carry out and administer those duties and responsibilities involving the purchase or sale of property by state agencies that are under the jurisdiction of the division so as to ensure that the property is sold or purchased in a manner consistent with Arkansas laws and rules.

(b) The secretary may transfer the various duties and functions among the various sections of the division and effect any other organizational or administrative changes that may be necessary to bring about the efficient and effective implementation of this chapter.

Amended by Act 2019, No. 315,§ 2343, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2342, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 6157, eff. 7/1/2019.

Amended by Act 2016EX3, No. 3,§ 54, eff. 5/23/2016.

Amended by Act 2016EX3, No. 2,§ 54, eff. 5/23/2016.

Amended by Act 2015EX1, No. 8,§ 25, eff. 7/1/2015.

Amended by Act 2015EX1, No. 7,§ 25, eff. 7/1/2015.

Acts 1975, No. 716, § 5; A.S.A. 1947, § 5-1022; Acts 1987, No. 815, §§ 1, 2; 1995, No. 983, § 1; 1999, No. 494, § 1; 2001, No. 542, § 1; 2003, No. 364, §§ 9, 10; 2003, No. 827, §§ 1, 2; 2007, No. 186, § 8; 2009, No. 193, § 7.
Ark. Code Ann. § 22-3-313 — AR Code / Title 22 / Chapter 3 / Subchapter 3 / Section 22-3-313
[Repealed]
Status: repealed

Repealed by Act 2019, No. 910,§ 6183, eff. 7/1/2019. Acts 1997, No. 1350, § 35.

Repealed by Act 2019, No. 910,§ 6183, eff. 7/1/2019.

Acts 1997, No. 1350, § 35.
Ark. Code Ann. § 22-3-1202 — AR Code / Title 22 / Chapter 3 / Subchapter 12 / Section 22-3-1202
Purpose
Status: in_force

It has been found by the General Assembly that adequate construction, equipping, maintenance, and operation of facilities for the Division of Correction and the state-supported institutions of higher education are essential to the well-being of this state and that the pledging of the motor vehicles safety inspection fee, the fees derived from the agriculture and livestock activities and rentals of farm properties, the fees collected from the sale or disposition of articles and products manufactured through the operations of the prison industries program, and the rental fees collected by state-supported institutions of higher education from tenants other than state agencies is essential to the fulfillment of the purposes of this subchapter. Amended by Act 2019, No. 910,§ 1005, eff. 7/1/2019. Acts 1983, No. 458, § 14; A.S.A. 1947, § 13-2614.

It has been found by the General Assembly that adequate construction, equipping, maintenance, and operation of facilities for the Division of Correction and the state-supported institutions of higher education are essential to the well-being of this state and that the pledging of the motor vehicles safety inspection fee, the fees derived from the agriculture and livestock activities and rentals of farm properties, the fees collected from the sale or disposition of articles and products manufactured through the operations of the prison industries program, and the rental fees collected by state-supported institutions of higher education from tenants other than state agencies is essential to the fulfillment of the purposes of this subchapter.

Amended by Act 2019, No. 910,§ 1005, eff. 7/1/2019.

Acts 1983, No. 458, § 14; A.S.A. 1947, § 13-2614.
Ark. Code Ann. § 22-4-307 — AR Code / Title 22 / Chapter 4 / Subchapter 3 / Section 22-4-307
Bonds and property - Exemptions
Status: in_force

All of the property controlled and operated by the State Parks, Recreation, and Travel Commission and the interest on all bonds issued under this subchapter shall be exempt from taxation by the State of Arkansas or by any municipal corporation, county, or other political subdivision or taxing district of the state. Acts 1953, No. 399, §§ 6, 7; 1957, No. 279, § 3; A.S.A. 1947, §§ 9-617, 9-618; Acts 2001, No. 1390, § 7.

All of the property controlled and operated by the State Parks, Recreation, and Travel Commission and the interest on all bonds issued under this subchapter shall be exempt from taxation by the State of Arkansas or by any municipal corporation, county, or other political subdivision or taxing district of the state.

Acts 1953, No. 399, §§ 6, 7; 1957, No. 279, § 3; A.S.A. 1947, §§ 9-617, 9-618; Acts 2001, No. 1390, § 7.
Ark. Code Ann. § 22-3-1201 — AR Code / Title 22 / Chapter 3 / Subchapter 12 / Section 22-3-1201
Title
Status: in_force

This subchapter shall be known and may be cited as the "Public Facilities Finance Act of 1983". Acts 1983, No. 458, § 1; A.S.A. 1947, § 13-2601.

This subchapter shall be known and may be cited as the "Public Facilities Finance Act of 1983".

Acts 1983, No. 458, § 1; A.S.A. 1947, § 13-2601.
Ark. Code Ann. § 22-3-911 — AR Code / Title 22 / Chapter 3 / Subchapter 9 / Section 22-3-911
Bonds - Pledge of revenues - Restrictions
Status: in_force

(a) The bonds and interest thereon shall be payable solely from and secured by a pledge of the gross revenues in the Justice Building Fund, which revenues are specifically declared to be cash funds, restricted in their use, and dedicated solely for the purposes set forth in this subchapter. The Arkansas Development Finance Authority is authorized and empowered to make a pledge of the gross revenues in the resolution authorizing the issuance of the bonds. (b) The bonds shall be general obligations only of the authority, and in no event shall they constitute an indebtedness for which the faith and credit of the State of Arkansas or any of its revenues are pledged. (c) No member of the authority shall be personally liable on the bonds, or for any damages sustained by anyone in connection with the contracts for loans or construction of the Arkansas Justice Building, unless it shall be made to appear that he or she has acted with a corrupt intent. Acts 1955, No. 375, § 16; A.S.A. 1947, § 5-615.

(a) The bonds and interest thereon shall be payable solely from and secured by a pledge of the gross revenues in the Justice Building Fund, which revenues are specifically declared to be cash funds, restricted in their use, and dedicated solely for the purposes set forth in this subchapter. The Arkansas Development Finance Authority is authorized and empowered to make a pledge of the gross revenues in the resolution authorizing the issuance of the bonds.

(b) The bonds shall be general obligations only of the authority, and in no event shall they constitute an indebtedness for which the faith and credit of the State of Arkansas or any of its revenues are pledged.

(c) No member of the authority shall be personally liable on the bonds, or for any damages sustained by anyone in connection with the contracts for loans or construction of the Arkansas Justice Building, unless it shall be made to appear that he or she has acted with a corrupt intent.

Acts 1955, No. 375, § 16; A.S.A. 1947, § 5-615.
Ark. Code Ann. § 22-3-312 — AR Code / Title 22 / Chapter 3 / Subchapter 3 / Section 22-3-312
Sale of property within Capitol Zoning District - Notice
Status: in_force

(a) A person who sells real property within the Capitol Zoning District shall notify the purchaser that the real property is within the district and shall provide the purchaser with a summary of the Capital Zoning District Commission's restrictions on property in the district and the duties and responsibilities of owners of property in the district. (b) The summary required by this section shall be prepared by the commission. Acts 1993, No. 1265, § 2.

(a) A person who sells real property within the Capitol Zoning District shall notify the purchaser that the real property is within the district and shall provide the purchaser with a summary of the Capital Zoning District Commission's restrictions on property in the district and the duties and responsibilities of owners of property in the district.

(b) The summary required by this section shall be prepared by the commission.

Acts 1993, No. 1265, § 2.
Ark. Code Ann. § 22-4-113 — AR Code / Title 22 / Chapter 4 / Subchapter 1 / Section 22-4-113
Use of certain vehicles by person with disability document and valid driver's license - Definitions
Status: in_force

(a) As used in this section: (1) "All-terrain vehicle" has the same meaning as in § 27-21-102 ; (2) "Disability document" means: (A) An Arkansas license plate beginning with the letters "DV" or "DAV"; (B) A license plate or certificate from any state that displays: (i) The international symbol of access; (ii) The word "disabled"; or (iii) Both the international symbol of access and the word "disabled"; (C) An America the Beautiful Access Pass or America the Beautiful Golden Access Passport; or (D) A disability document from the Social Security Administration or the United States Department of Veterans Affairs establishing a determination of a mobility-based disability; and (3) "Recreation use area" means: (A) A campground; (B) A day-use or picnic area; and (C) Cabin and lodge areas. (b) (1) (A) A person who has a disability document and a valid driver's license may operate an all-terrain vehicle or a golf cart on roads only within developed recreation use areas located within a park and recreational area under the control and management of the State Parks, Recreation, and Travel Commission. (B) The authority to operate an all-terrain vehicle or a golf cart under subdivision (b)(1)(A) of this section includes Arkansas Department of Transportation drives designated as the State Highway (S.H.) 600 Series within the state parks and recreational areas. (2) A person shall not operate an all-terrain vehicle or golf cart from one recreation-use area to another. (c) An all-terrain vehicle or golf cart that is operated from one-half (½) hour after sunset and one-half (½) hour before sunrise or any other time when there is insufficient light to render clearly discernible persons at a distance of five hundred feet (500') shall have proper lights on the all-terrain vehicle or golf cart. Amended by Act 2019, No. 236,§ 1, eff. 7/24/2019. Amended by Act 2017, No. 707,§ 81, eff. 8/1/2017. Acts 2011, No. 221, § 1. See Act 2019, No. 236, § 3.

(a) As used in this section: (1) "All-terrain vehicle" has the same meaning as in § 27-21-102 ; (2) "Disability document" means: (A) An Arkansas license plate beginning with the letters "DV" or "DAV"; (B) A license plate or certificate from any state that displays: (i) The international symbol of access; (ii) The word "disabled"; or (iii) Both the international symbol of access and the word "disabled"; (C) An America the Beautiful Access Pass or America the Beautiful Golden Access Passport; or (D) A disability document from the Social Security Administration or the United States Department of Veterans Affairs establishing a determination of a mobility-based disability; and (3) "Recreation use area" means: (A) A campground; (B) A day-use or picnic area; and (C) Cabin and lodge areas.

(1) "All-terrain vehicle" has the same meaning as in § 27-21-102 ;

(2) "Disability document" means: (A) An Arkansas license plate beginning with the letters "DV" or "DAV"; (B) A license plate or certificate from any state that displays: (i) The international symbol of access; (ii) The word "disabled"; or (iii) Both the international symbol of access and the word "disabled"; (C) An America the Beautiful Access Pass or America the Beautiful Golden Access Passport; or (D) A disability document from the Social Security Administration or the United States Department of Veterans Affairs establishing a determination of a mobility-based disability; and

(A) An Arkansas license plate beginning with the letters "DV" or "DAV";

(B) A license plate or certificate from any state that displays: (i) The international symbol of access; (ii) The word "disabled"; or (iii) Both the international symbol of access and the word "disabled";

(i) The international symbol of access;

(ii) The word "disabled"; or

(iii) Both the international symbol of access and the word "disabled";

(C) An America the Beautiful Access Pass or America the Beautiful Golden Access Passport; or

(D) A disability document from the Social Security Administration or the United States Department of Veterans Affairs establishing a determination of a mobility-based disability; and

(3) "Recreation use area" means: (A) A campground; (B) A day-use or picnic area; and (C) Cabin and lodge areas.

(A) A campground;

(B) A day-use or picnic area; and

(C) Cabin and lodge areas.

(b) (1) (A) A person who has a disability document and a valid driver's license may operate an all-terrain vehicle or a golf cart on roads only within developed recreation use areas located within a park and recreational area under the control and management of the State Parks, Recreation, and Travel Commission. (B) The authority to operate an all-terrain vehicle or a golf cart under subdivision (b)(1)(A) of this section includes Arkansas Department of Transportation drives designated as the State Highway (S.H.) 600 Series within the state parks and recreational areas. (2) A person shall not operate an all-terrain vehicle or golf cart from one recreation-use area to another.

(1) (A) A person who has a disability document and a valid driver's license may operate an all-terrain vehicle or a golf cart on roads only within developed recreation use areas located within a park and recreational area under the control and management of the State Parks, Recreation, and Travel Commission. (B) The authority to operate an all-terrain vehicle or a golf cart under subdivision (b)(1)(A) of this section includes Arkansas Department of Transportation drives designated as the State Highway (S.H.) 600 Series within the state parks and recreational areas.

(A) A person who has a disability document and a valid driver's license may operate an all-terrain vehicle or a golf cart on roads only within developed recreation use areas located within a park and recreational area under the control and management of the State Parks, Recreation, and Travel Commission.

(B) The authority to operate an all-terrain vehicle or a golf cart under subdivision (b)(1)(A) of this section includes Arkansas Department of Transportation drives designated as the State Highway (S.H.) 600 Series within the state parks and recreational areas.

(2) A person shall not operate an all-terrain vehicle or golf cart from one recreation-use area to another.

(c) An all-terrain vehicle or golf cart that is operated from one-half (½) hour after sunset and one-half (½) hour before sunrise or any other time when there is insufficient light to render clearly discernible persons at a distance of five hundred feet (500') shall have proper lights on the all-terrain vehicle or golf cart.

Amended by Act 2019, No. 236,§ 1, eff. 7/24/2019.

Amended by Act 2017, No. 707,§ 81, eff. 8/1/2017.

Acts 2011, No. 221, § 1.

See Act 2019, No. 236, § 3.
Ark. Code Ann. § 22-5-402 — AR Code / Title 22 / Chapter 5 / Subchapter 4 / Section 22-5-402
Tax title void when in conflict with state's interest
Status: in_force

No tax title shall be valid or binding against the equitable or legal interest of this state in or to any real estate whatever. However, such tax titles shall be void so far as they shall conflict with the interest of the state and shall be treated and considered as null and void in both law and equity in all courts of the state. Acts 1851, § 13, p. 108; C. & M. Dig., § 6779; Pope's Dig., § 8707; A.S.A. 1947, § 10-214.

No tax title shall be valid or binding against the equitable or legal interest of this state in or to any real estate whatever. However, such tax titles shall be void so far as they shall conflict with the interest of the state and shall be treated and considered as null and void in both law and equity in all courts of the state.

Acts 1851, § 13, p. 108; C. & M. Dig., § 6779; Pope's Dig., § 8707; A.S.A. 1947, § 10-214.
Ark. Code Ann. § 22-4-111 — AR Code / Title 22 / Chapter 4 / Subchapter 1 / Section 22-4-111
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1463,§ 1, eff. 8/16/2013. Acts 1937, No. 170, § 9; Pope's Dig., § 12315; A.S.A. 1947, § 9-605.

Repealed by Act 2013, No. 1463,§ 1, eff. 8/16/2013.

Acts 1937, No. 170, § 9; Pope's Dig., § 12315; A.S.A. 1947, § 9-605.
Ark. Code Ann. § 22-3-1003 — AR Code / Title 22 / Chapter 3 / Subchapter 10 / Section 22-3-1003
[Repealed]
Status: repealed

Repealed by Act 2017, No. 269,§ 5, eff. 2/22/2017. Acts 1947, No. 249, § 6; 1961, No. 228, § 5; A.S.A. 1947, § 80-3406.

Repealed by Act 2017, No. 269,§ 5, eff. 2/22/2017.

Acts 1947, No. 249, § 6; 1961, No. 228, § 5; A.S.A. 1947, § 80-3406.
Ark. Code Ann. § 22-9-205 — AR Code / Title 22 / Chapter 9 / Subchapter 2 / Section 22-9-205
Public improvements generally - Interest on delinquent payments
Status: in_force

Whenever any agency of this state or of any county, municipality, or school district, or other local taxing unit or improvement district enters into a contract covered by the provisions of §§ 22-9-202 - 22-9-204 for the making of repairs or alterations or the erection of buildings or for the making of any other improvements, or for the construction or improvement of highways, roads, streets, sidewalks, curbs, gutters, drainage or sewer projects, or for any other construction project, and the contract provides that payment therefor shall be made upon completion and acceptance of the project, and the contractor, upon completion and approval of the project, presents a claim for payment of the amount due thereon in accordance with the terms of the contract, and the claim is not paid by the public authority within ninety (90) days from the date of presentation of the claim, then the public authority shall pay to the contractor interest at the rate of ten percent (10%) per annum on the unpaid amount due for all periods of time that the payment under the contract is not made subsequent to ninety (90) days after presentation of the claim. Acts 1969, No. 135, § 1; A.S.A. 1947, § 14-614.1.

Whenever any agency of this state or of any county, municipality, or school district, or other local taxing unit or improvement district enters into a contract covered by the provisions of §§ 22-9-202 - 22-9-204 for the making of repairs or alterations or the erection of buildings or for the making of any other improvements, or for the construction or improvement of highways, roads, streets, sidewalks, curbs, gutters, drainage or sewer projects, or for any other construction project, and the contract provides that payment therefor shall be made upon completion and acceptance of the project, and the contractor, upon completion and approval of the project, presents a claim for payment of the amount due thereon in accordance with the terms of the contract, and the claim is not paid by the public authority within ninety (90) days from the date of presentation of the claim, then the public authority shall pay to the contractor interest at the rate of ten percent (10%) per annum on the unpaid amount due for all periods of time that the payment under the contract is not made subsequent to ninety (90) days after presentation of the claim.

Acts 1969, No. 135, § 1; A.S.A. 1947, § 14-614.1.
Ark. Code Ann. § 22-3-2004 — AR Code / Title 22 / Chapter 3 / Subchapter 20 / Section 22-3-2004
Standards for major facility or major renovation
Status: in_force

(a) The following minimum standards apply to a major facility: (1) A major facility of a public agency or an institution of higher education shall consider a life-cycle cost analysis and be designed, constructed, and certified in accordance with the Performance Rating Method of Appendix G of the American Society of Heating, Refrigerating, and Air-Conditioning Engineers, Standard 90.1-2013, as it existed on January 1, 2018; (2) Subdivision (a)(1) of this section applies to a major facility project that has not entered the schematic design phase on or before June 30, 2019; and (3) An exception or a special standard for a specific type of building or building facility that is found in the American Society of Heating, Refrigerating, and Air-Conditioning Engineers, Standard 90.1-2013, is included in the American Society of Heating, Refrigerating, and Air-Conditioning Engineers, Standard 90.1-2013, under subdivision (a)(1) of this section. (b) (1) A major renovation of a public agency or an institution of higher education shall consider a life-cycle cost analysis and be certified in accordance with the Performance Rating Method of Appendix G of the American Society of Heating, Refrigerating, and Air-Conditioning Engineers, Standard 90.1-2013, as it existed on January 1, 2018. (2) Subdivision (b)(1) of this section applies to a major renovation that has not entered the schematic design phase on or before June 30, 2019. (c) For new construction under either subsection (a) or subsection (b) of this section: (1) The indoor water system shall be designed and constructed to use at least twenty percent (20%) less potable water than the indoor water use baseline calculated for the building after satisfying the fixture performance requirement, if any, under the Arkansas Plumbing Code; and (2) Outdoor potable water or harvested groundwater consumption shall use water-use-efficient landscape materials and irrigation strategies, including without limitation water reuse and recycling, to reduce conventional consumption by at least fifty percent (50%) of the water that would have been consumed otherwise. (d) If the Arkansas Energy Office of the Division of Environmental Quality or the institution of higher education determines the American Society of Heating, Refrigerating, and Air-Conditioning Engineers, Standard 90.1-2013 is not practicable for a major facility or major renovation, the office or the institution of higher education shall determine a practicable alternative standard for the design and construction for that major facility or major renovation. (e) To verify the performance of a building component or system and ensure that design requirements are met upon completion of construction, building or system commissioning practices that are tailored to the size and complexity of the building and its system components shall be employed. (f) To measure and verify a major facility's performance under this section's standards: (1) A building-level owner's meter for electricity, natural gas, fuel oil, and water shall be installed in accordance with the guidelines issued by the United States Department of Energy under section 103 of the Energy Policy Act of 2005, Pub. L. No. 109-58; and (2) (A) The public agency or institution of higher education and the building designers shall: (i) Compare metered data from the first twelve (12) months of the building's operation with the energy design target; and (ii) Report the performance results of that comparison to the office or to the governing board of the institution of higher education. (B) If the report under subdivision (f)(2)(A)(ii) of this section shows that the building's average energy or water consumption over the one-year period after the date of beneficial occupancy is more than the baseline consumption determined in accordance with the Performance Rating Method of Appendix G of the American Society of Heating, Refrigerating, and Air-Conditioning Engineers, Standard 90.1-2013, as it existed on January 1, 2018, the designer, the owner public agency or the owner institution of higher education, the contractor, the contract manager at risk, and the commissioning agent shall: (i) Investigate; (ii) Determine the cause for the failure to achieve this section's performance standards; and (iii) Recommend corrections or modifications to meet this section's performance standards. Amended by Act 2019, No. 674,§ 6, eff. 7/24/2019. Amended by Act 2019, No. 674,§ 5, eff. 7/24/2019. Amended by Act 2019, No. 674,§ 4, eff. 7/24/2019. Acts 2009, No. 1494, § 1; 2011, No. 803, §§ 2-4.

(a) The following minimum standards apply to a major facility: (1) A major facility of a public agency or an institution of higher education shall consider a life-cycle cost analysis and be designed, constructed, and certified in accordance with the Performance Rating Method of Appendix G of the American Society of Heating, Refrigerating, and Air-Conditioning Engineers, Standard 90.1-2013, as it existed on January 1, 2018; (2) Subdivision (a)(1) of this section applies to a major facility project that has not entered the schematic design phase on or before June 30, 2019; and (3) An exception or a special standard for a specific type of building or building facility that is found in the American Society of Heating, Refrigerating, and Air-Conditioning Engineers, Standard 90.1-2013, is included in the American Society of Heating, Refrigerating, and Air-Conditioning Engineers, Standard 90.1-2013, under subdivision (a)(1) of this section.

(1) A major facility of a public agency or an institution of higher education shall consider a life-cycle cost analysis and be designed, constructed, and certified in accordance with the Performance Rating Method of Appendix G of the American Society of Heating, Refrigerating, and Air-Conditioning Engineers, Standard 90.1-2013, as it existed on January 1, 2018;

(2) Subdivision (a)(1) of this section applies to a major facility project that has not entered the schematic design phase on or before June 30, 2019; and

(3) An exception or a special standard for a specific type of building or building facility that is found in the American Society of Heating, Refrigerating, and Air-Conditioning Engineers, Standard 90.1-2013, is included in the American Society of Heating, Refrigerating, and Air-Conditioning Engineers, Standard 90.1-2013, under subdivision (a)(1) of this section.

(b) (1) A major renovation of a public agency or an institution of higher education shall consider a life-cycle cost analysis and be certified in accordance with the Performance Rating Method of Appendix G of the American Society of Heating, Refrigerating, and Air-Conditioning Engineers, Standard 90.1-2013, as it existed on January 1, 2018. (2) Subdivision (b)(1) of this section applies to a major renovation that has not entered the schematic design phase on or before June 30, 2019.

(1) A major renovation of a public agency or an institution of higher education shall consider a life-cycle cost analysis and be certified in accordance with the Performance Rating Method of Appendix G of the American Society of Heating, Refrigerating, and Air-Conditioning Engineers, Standard 90.1-2013, as it existed on January 1, 2018.

(2) Subdivision (b)(1) of this section applies to a major renovation that has not entered the schematic design phase on or before June 30, 2019.

(c) For new construction under either subsection (a) or subsection (b) of this section: (1) The indoor water system shall be designed and constructed to use at least twenty percent (20%) less potable water than the indoor water use baseline calculated for the building after satisfying the fixture performance requirement, if any, under the Arkansas Plumbing Code; and (2) Outdoor potable water or harvested groundwater consumption shall use water-use-efficient landscape materials and irrigation strategies, including without limitation water reuse and recycling, to reduce conventional consumption by at least fifty percent (50%) of the water that would have been consumed otherwise.

(1) The indoor water system shall be designed and constructed to use at least twenty percent (20%) less potable water than the indoor water use baseline calculated for the building after satisfying the fixture performance requirement, if any, under the Arkansas Plumbing Code; and

(2) Outdoor potable water or harvested groundwater consumption shall use water-use-efficient landscape materials and irrigation strategies, including without limitation water reuse and recycling, to reduce conventional consumption by at least fifty percent (50%) of the water that would have been consumed otherwise.

(d) If the Arkansas Energy Office of the Division of Environmental Quality or the institution of higher education determines the American Society of Heating, Refrigerating, and Air-Conditioning Engineers, Standard 90.1-2013 is not practicable for a major facility or major renovation, the office or the institution of higher education shall determine a practicable alternative standard for the design and construction for that major facility or major renovation.

(e) To verify the performance of a building component or system and ensure that design requirements are met upon completion of construction, building or system commissioning practices that are tailored to the size and complexity of the building and its system components shall be employed.

(f) To measure and verify a major facility's performance under this section's standards: (1) A building-level owner's meter for electricity, natural gas, fuel oil, and water shall be installed in accordance with the guidelines issued by the United States Department of Energy under section 103 of the Energy Policy Act of 2005, Pub. L. No. 109-58; and (2) (A) The public agency or institution of higher education and the building designers shall: (i) Compare metered data from the first twelve (12) months of the building's operation with the energy design target; and (ii) Report the performance results of that comparison to the office or to the governing board of the institution of higher education. (B) If the report under subdivision (f)(2)(A)(ii) of this section shows that the building's average energy or water consumption over the one-year period after the date of beneficial occupancy is more than the baseline consumption determined in accordance with the Performance Rating Method of Appendix G of the American Society of Heating, Refrigerating, and Air-Conditioning Engineers, Standard 90.1-2013, as it existed on January 1, 2018, the designer, the owner public agency or the owner institution of higher education, the contractor, the contract manager at risk, and the commissioning agent shall: (i) Investigate; (ii) Determine the cause for the failure to achieve this section's performance standards; and (iii) Recommend corrections or modifications to meet this section's performance standards.

(1) A building-level owner's meter for electricity, natural gas, fuel oil, and water shall be installed in accordance with the guidelines issued by the United States Department of Energy under section 103 of the Energy Policy Act of 2005, Pub. L. No. 109-58; and

(2) (A) The public agency or institution of higher education and the building designers shall: (i) Compare metered data from the first twelve (12) months of the building's operation with the energy design target; and (ii) Report the performance results of that comparison to the office or to the governing board of the institution of higher education. (B) If the report under subdivision (f)(2)(A)(ii) of this section shows that the building's average energy or water consumption over the one-year period after the date of beneficial occupancy is more than the baseline consumption determined in accordance with the Performance Rating Method of Appendix G of the American Society of Heating, Refrigerating, and Air-Conditioning Engineers, Standard 90.1-2013, as it existed on January 1, 2018, the designer, the owner public agency or the owner institution of higher education, the contractor, the contract manager at risk, and the commissioning agent shall: (i) Investigate; (ii) Determine the cause for the failure to achieve this section's performance standards; and (iii) Recommend corrections or modifications to meet this section's performance standards.

(A) The public agency or institution of higher education and the building designers shall: (i) Compare metered data from the first twelve (12) months of the building's operation with the energy design target; and (ii) Report the performance results of that comparison to the office or to the governing board of the institution of higher education.

(i) Compare metered data from the first twelve (12) months of the building's operation with the energy design target; and

(ii) Report the performance results of that comparison to the office or to the governing board of the institution of higher education.

(B) If the report under subdivision (f)(2)(A)(ii) of this section shows that the building's average energy or water consumption over the one-year period after the date of beneficial occupancy is more than the baseline consumption determined in accordance with the Performance Rating Method of Appendix G of the American Society of Heating, Refrigerating, and Air-Conditioning Engineers, Standard 90.1-2013, as it existed on January 1, 2018, the designer, the owner public agency or the owner institution of higher education, the contractor, the contract manager at risk, and the commissioning agent shall: (i) Investigate; (ii) Determine the cause for the failure to achieve this section's performance standards; and (iii) Recommend corrections or modifications to meet this section's performance standards.

(i) Investigate;

(ii) Determine the cause for the failure to achieve this section's performance standards; and

(iii) Recommend corrections or modifications to meet this section's performance standards.

Amended by Act 2019, No. 674,§ 6, eff. 7/24/2019.

Amended by Act 2019, No. 674,§ 5, eff. 7/24/2019.

Amended by Act 2019, No. 674,§ 4, eff. 7/24/2019.

Acts 2009, No. 1494, § 1; 2011, No. 803, §§ 2-4.