Ark. Code Ann. § 15-4-2406 — AR Code / Title 15 / Chapter 4 / Subchapter 24 / Section 15-4-2406
Refund of recycling tax credit
Status: in_force

(a) (1) In the case of a qualified manufacturer of steel as described in § 15-4-2405(a) , the provisions of § 26-51-506(f) shall not apply. (2) However, the qualified manufacturer of steel shall refund the amount of the tax credit provided by subsection (b) of this section if within three (3) years of the taxable year in which the credit originated: (A) (i) The waste reduction, reuse, or recycling equipment is removed from Arkansas, disposed of, or transferred to another person, or the qualified manufacturer of steel otherwise ceases to use the required materials or operate in accordance with § 26-51-506 . (ii) However, reorganization transactions, changes of ownership and control, and sales and transfers of waste reduction, reuse, or recycling equipment among affiliates which do not constitute sales or transfers to a third-party purchaser shall not be considered disposals, transfers, or cessations of use for purposes of § 26-51-506 ; or (B) The Director of the Division of Environmental Quality finds that the qualified manufacturer of steel has operated the waste reduction, reuse, or recycling equipment in a manner which demonstrates a pattern of intentional failure to comply with final administrative or judicial orders which clearly indicates a disregard for environmental regulation. (b) If the provisions of subsection (a) of this section apply, the qualified manufacturer of steel shall refund the amount of the tax credit which was deducted from income tax liability which exceeds the following amounts: (1) Within the first year, zero dollars ($0.00); (2) Within the second year, an amount equal to thirty-three percent (33%) of the amount of credit allowed; and (3) Within the third year, an amount equal to sixty-seven percent (67%) of the credit allowed. (c) Any refund required by subdivision (a)(2)(A) of this section shall apply only to the credit given for the particular waste reduction, reuse, or recycling equipment to which subdivision (a)(2)(A) of this section applies. (d) Any taxpayer who is required to refund part of a credit pursuant to this section shall no longer be eligible to carry forward any amount of that credit which had not been used as of the date the refund is required. (e) Any person or legal entity aggrieved by a decision of the director under this section may appeal to the Arkansas Pollution Control and Ecology Commission through administrative procedures adopted by the commission and to the courts in the manner provided in §§ 8-4-222 - 8-4-229 . Amended by Act 2019, No. 910,§ 3042, eff. 7/1/2019. Acts 2001, No. 541, § 6.

(a) (1) In the case of a qualified manufacturer of steel as described in § 15-4-2405(a) , the provisions of § 26-51-506(f) shall not apply. (2) However, the qualified manufacturer of steel shall refund the amount of the tax credit provided by subsection (b) of this section if within three (3) years of the taxable year in which the credit originated: (A) (i) The waste reduction, reuse, or recycling equipment is removed from Arkansas, disposed of, or transferred to another person, or the qualified manufacturer of steel otherwise ceases to use the required materials or operate in accordance with § 26-51-506 . (ii) However, reorganization transactions, changes of ownership and control, and sales and transfers of waste reduction, reuse, or recycling equipment among affiliates which do not constitute sales or transfers to a third-party purchaser shall not be considered disposals, transfers, or cessations of use for purposes of § 26-51-506 ; or (B) The Director of the Division of Environmental Quality finds that the qualified manufacturer of steel has operated the waste reduction, reuse, or recycling equipment in a manner which demonstrates a pattern of intentional failure to comply with final administrative or judicial orders which clearly indicates a disregard for environmental regulation.

(1) In the case of a qualified manufacturer of steel as described in § 15-4-2405(a) , the provisions of § 26-51-506(f) shall not apply.

(2) However, the qualified manufacturer of steel shall refund the amount of the tax credit provided by subsection (b) of this section if within three (3) years of the taxable year in which the credit originated: (A) (i) The waste reduction, reuse, or recycling equipment is removed from Arkansas, disposed of, or transferred to another person, or the qualified manufacturer of steel otherwise ceases to use the required materials or operate in accordance with § 26-51-506 . (ii) However, reorganization transactions, changes of ownership and control, and sales and transfers of waste reduction, reuse, or recycling equipment among affiliates which do not constitute sales or transfers to a third-party purchaser shall not be considered disposals, transfers, or cessations of use for purposes of § 26-51-506 ; or (B) The Director of the Division of Environmental Quality finds that the qualified manufacturer of steel has operated the waste reduction, reuse, or recycling equipment in a manner which demonstrates a pattern of intentional failure to comply with final administrative or judicial orders which clearly indicates a disregard for environmental regulation.

(A) (i) The waste reduction, reuse, or recycling equipment is removed from Arkansas, disposed of, or transferred to another person, or the qualified manufacturer of steel otherwise ceases to use the required materials or operate in accordance with § 26-51-506 . (ii) However, reorganization transactions, changes of ownership and control, and sales and transfers of waste reduction, reuse, or recycling equipment among affiliates which do not constitute sales or transfers to a third-party purchaser shall not be considered disposals, transfers, or cessations of use for purposes of § 26-51-506 ; or

(i) The waste reduction, reuse, or recycling equipment is removed from Arkansas, disposed of, or transferred to another person, or the qualified manufacturer of steel otherwise ceases to use the required materials or operate in accordance with § 26-51-506 .

(ii) However, reorganization transactions, changes of ownership and control, and sales and transfers of waste reduction, reuse, or recycling equipment among affiliates which do not constitute sales or transfers to a third-party purchaser shall not be considered disposals, transfers, or cessations of use for purposes of § 26-51-506 ; or

(B) The Director of the Division of Environmental Quality finds that the qualified manufacturer of steel has operated the waste reduction, reuse, or recycling equipment in a manner which demonstrates a pattern of intentional failure to comply with final administrative or judicial orders which clearly indicates a disregard for environmental regulation.

(b) If the provisions of subsection (a) of this section apply, the qualified manufacturer of steel shall refund the amount of the tax credit which was deducted from income tax liability which exceeds the following amounts: (1) Within the first year, zero dollars ($0.00); (2) Within the second year, an amount equal to thirty-three percent (33%) of the amount of credit allowed; and (3) Within the third year, an amount equal to sixty-seven percent (67%) of the credit allowed.

(1) Within the first year, zero dollars ($0.00);

(2) Within the second year, an amount equal to thirty-three percent (33%) of the amount of credit allowed; and

(3) Within the third year, an amount equal to sixty-seven percent (67%) of the credit allowed.

(c) Any refund required by subdivision (a)(2)(A) of this section shall apply only to the credit given for the particular waste reduction, reuse, or recycling equipment to which subdivision (a)(2)(A) of this section applies.

(d) Any taxpayer who is required to refund part of a credit pursuant to this section shall no longer be eligible to carry forward any amount of that credit which had not been used as of the date the refund is required.

(e) Any person or legal entity aggrieved by a decision of the director under this section may appeal to the Arkansas Pollution Control and Ecology Commission through administrative procedures adopted by the commission and to the courts in the manner provided in §§ 8-4-222 - 8-4-229 .

Amended by Act 2019, No. 910,§ 3042, eff. 7/1/2019.

Acts 2001, No. 541, § 6.
Ark. Code Ann. § 15-30-105 — AR Code / Title 15 / Chapter 30 / Subchapter 1 / Section 15-30-105
Requirements for prescribed burning prescriptions and prescribed burnings
Status: in_force

(a) (1) Before conducting a prescribed burning, a qualified prescribed burner shall develop a prescribed burning prescription. (2) A copy of the prescribed burning prescription developed under subdivision (a)(1) of this section shall be: (A) Provided to the landowner; and (B) Except as provided in subdivision (c)(3) of this section, in the possession of the qualified prescribed burner on the site of the prescribed burning throughout the duration of the prescribed burning. (b) A prescribed burning prescription shall include: (1) The landowner's name and address; (2) A description of the area to be burned; (3) A map of the area to be burned; (4) The objectives of the prescribed burning; (5) The name of the qualified prescribed burner responsible for conducting the prescribed burning; (6) A summary of the methods that the qualified prescribed burner intends to use to start, control, and extinguish the prescribed burning, based on the particular circumstances involved with the prescribed burning; and (7) A description of the allowable weather conditions in which the prescribed burning can be conducted. (c) (1) A qualified prescribed burner shall conduct a prescribed burning in accordance with a prescribed burning prescription that satisfies subsection (b) of this section. (2) Except as provided in subdivision (c)(3) of this section, from the start of the prescribed burning until the prescribed burning is adequately confined to reasonably prevent escape of the prescribed burning from the area intended to be burned, the qualified prescribed burner shall be: (A) Present on the site of the prescribed burning; and (B) In charge of the prescribed burning. (3) A landowner may conduct a prescribed burning and be considered in compliance with this subchapter without being a qualified prescribed burner if the landowner is: (A) Burning a tract of forestland of one hundred (100) acres or less owned by the landowner; and (B) Following all conditions established in a prescribed burning prescription prepared by a qualified prescribed burner. (d) Before conducting a prescribed burning, a landowner or the landowner's agent shall notify the Department of Agriculture and, if requested by the department, provide the department with a copy of the prescribed burning prescription. Added by Act 2023, No. 695,§ 1, eff. 8/1/2023.

(a) (1) Before conducting a prescribed burning, a qualified prescribed burner shall develop a prescribed burning prescription. (2) A copy of the prescribed burning prescription developed under subdivision (a)(1) of this section shall be: (A) Provided to the landowner; and (B) Except as provided in subdivision (c)(3) of this section, in the possession of the qualified prescribed burner on the site of the prescribed burning throughout the duration of the prescribed burning.

(1) Before conducting a prescribed burning, a qualified prescribed burner shall develop a prescribed burning prescription.

(2) A copy of the prescribed burning prescription developed under subdivision (a)(1) of this section shall be: (A) Provided to the landowner; and (B) Except as provided in subdivision (c)(3) of this section, in the possession of the qualified prescribed burner on the site of the prescribed burning throughout the duration of the prescribed burning.

(A) Provided to the landowner; and

(B) Except as provided in subdivision (c)(3) of this section, in the possession of the qualified prescribed burner on the site of the prescribed burning throughout the duration of the prescribed burning.

(b) A prescribed burning prescription shall include: (1) The landowner's name and address; (2) A description of the area to be burned; (3) A map of the area to be burned; (4) The objectives of the prescribed burning; (5) The name of the qualified prescribed burner responsible for conducting the prescribed burning; (6) A summary of the methods that the qualified prescribed burner intends to use to start, control, and extinguish the prescribed burning, based on the particular circumstances involved with the prescribed burning; and (7) A description of the allowable weather conditions in which the prescribed burning can be conducted.

(1) The landowner's name and address;

(2) A description of the area to be burned;

(3) A map of the area to be burned;

(4) The objectives of the prescribed burning;

(5) The name of the qualified prescribed burner responsible for conducting the prescribed burning;

(6) A summary of the methods that the qualified prescribed burner intends to use to start, control, and extinguish the prescribed burning, based on the particular circumstances involved with the prescribed burning; and

(7) A description of the allowable weather conditions in which the prescribed burning can be conducted.

(c) (1) A qualified prescribed burner shall conduct a prescribed burning in accordance with a prescribed burning prescription that satisfies subsection (b) of this section. (2) Except as provided in subdivision (c)(3) of this section, from the start of the prescribed burning until the prescribed burning is adequately confined to reasonably prevent escape of the prescribed burning from the area intended to be burned, the qualified prescribed burner shall be: (A) Present on the site of the prescribed burning; and (B) In charge of the prescribed burning. (3) A landowner may conduct a prescribed burning and be considered in compliance with this subchapter without being a qualified prescribed burner if the landowner is: (A) Burning a tract of forestland of one hundred (100) acres or less owned by the landowner; and (B) Following all conditions established in a prescribed burning prescription prepared by a qualified prescribed burner.

(1) A qualified prescribed burner shall conduct a prescribed burning in accordance with a prescribed burning prescription that satisfies subsection (b) of this section.

(2) Except as provided in subdivision (c)(3) of this section, from the start of the prescribed burning until the prescribed burning is adequately confined to reasonably prevent escape of the prescribed burning from the area intended to be burned, the qualified prescribed burner shall be: (A) Present on the site of the prescribed burning; and (B) In charge of the prescribed burning.

(A) Present on the site of the prescribed burning; and

(B) In charge of the prescribed burning.

(3) A landowner may conduct a prescribed burning and be considered in compliance with this subchapter without being a qualified prescribed burner if the landowner is: (A) Burning a tract of forestland of one hundred (100) acres or less owned by the landowner; and (B) Following all conditions established in a prescribed burning prescription prepared by a qualified prescribed burner.

(A) Burning a tract of forestland of one hundred (100) acres or less owned by the landowner; and

(B) Following all conditions established in a prescribed burning prescription prepared by a qualified prescribed burner.

(d) Before conducting a prescribed burning, a landowner or the landowner's agent shall notify the Department of Agriculture and, if requested by the department, provide the department with a copy of the prescribed burning prescription.

Added by Act 2023, No. 695,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 15-11-203 — AR Code / Title 15 / Chapter 11 / Subchapter 2 / Section 15-11-203
[Repealed]
Status: repealed

Repealed by Act 2023, No. 631,§ 3, eff. 8/1/2023. Amended by Act 2015, No. 17,§ 2, eff. 7/22/2015. Acts 1979, No. 213, § 1; A.S.A. 1947, § 9-202.4.

Repealed by Act 2023, No. 631,§ 3, eff. 8/1/2023.

Amended by Act 2015, No. 17,§ 2, eff. 7/22/2015.

Acts 1979, No. 213, § 1; A.S.A. 1947, § 9-202.4.
Ark. Code Ann. § 15-20-605 — AR Code / Title 15 / Chapter 20 / Subchapter 6 / Section 15-20-605
Cave conservation
Status: in_force

Any cave owner may, at the owner's discretion and with the consent of the Arkansas Natural Heritage Commission, enter into an agreement with the commission for the purpose of applying conservation measures to the owner's cave. Acts 1989, No. 523, § 5.

Any cave owner may, at the owner's discretion and with the consent of the Arkansas Natural Heritage Commission, enter into an agreement with the commission for the purpose of applying conservation measures to the owner's cave.

Acts 1989, No. 523, § 5.
Ark. Code Ann. § 15-10-902 — AR Code / Title 15 / Chapter 10 / Subchapter 9 / Section 15-10-902
Definitions
Status: in_force

As used in this subchapter: (1) "Compressed natural gas" means compressed natural gas that is to be delivered to a motor vehicle at a pressure of at least three thousand pounds per square inch (3,000 psi); (2) "Compressed natural gas refueling station" means property that: (A) Is directly related to the delivery of compressed natural gas into the fuel tank of a licensed motor vehicle, including without limitation the compression equipment, storage vessels, quality control equipment, and dispensers for compressed natural gas; (B) Is available to the public twenty-four (24) hours each day; (C) Is metered on a gasoline gallon equivalent basis; and (D) Contains a credit card reader that allows for the use of a credit card or debit card to purchase the compressed natural gas; (3) "Diesel gallon equivalent" means six and twenty-two hundredths pounds (6.22 lbs.) of liquefied natural gas; (4) "Electric vehicle" means a plug-in electric drive motor vehicle that is propelled by one (1) or more electric motors using electrical energy stored in rechargeable batteries or other energy storage devices; (5) "Gasoline gallon equivalent" means five and sixty-six hundredths pounds (5.66 lbs.) of compressed natural gas or one hundred twenty-six and sixty-seven hundredths cubic feet (126.67 cu. ft.) of natural gas; (6) "Liquefied natural gas" means natural gas that is super-cooled into a liquid fuel that is used primarily in medium-duty and heavy-duty vehicles; (7) "Liquefied natural gas refueling station" means property that: (A) Is directly related to the delivery of liquefied natural gas into the fuel tank of a licensed motor vehicle, including without limitation the compression equipment, refrigeration equipment, storage vessels, and dispensers for liquefied natural gas; (B) Is available to the public twenty-four (24) hours each day; (C) Is metered on a diesel gallon equivalent basis; and (D) Contains a credit card reader that allows for the use of a credit card or debit card to purchase the liquefied natural gas; (8) (A) "Liquefied petroleum gas" means gas derived from petroleum or natural gas that is: (i) In a gaseous state at normal atmospheric temperature and pressure but may be maintained in a liquid state at normal atmospheric temperature by the application of sufficient pressure; and (ii) Normally stored as a liquid under pressure. (B) "Liquefied petroleum gas" does not include pentane, gasoline, or oil; (9) "Liquefied petroleum gas refueling station" means property that: (A) Is directly related to the delivery of liquefied petroleum gas into the fuel tank of a licensed motor vehicle, including without limitation the compression equipment, storage vessels, and dispensers for liquefied petroleum gas; (B) Is available to the public twenty-four (24) hours each day; (C) Is metered on a gasoline gallon equivalent basis; and (D) Contains a credit card reader that allows for the use of a credit card or debit card to purchase the liquefied petroleum gas; (10) "Motor vehicle" means a motor vehicle licensed under the laws of this state or another state that was originally designed by the manufacturer to operate lawfully and principally on highways, roads, and streets; (11) "Private electric vehicle charging station" means a charging station of two hundred forty volts (240 V) or less that is purchased for private use and supplies electricity for charging one (1) or more electric vehicles; (12) "Public electric vehicle charging station" means a charging station of two hundred forty volts (240 V) or more that: (A) Supplies electricity for charging one (1) or more electric vehicles; (B) Is available to the public twenty-four (24) hours a day; and (C) Contains a credit card reader that allows for the use of a credit card or debit card to purchase electricity; (13) "Qualified alternative motor vehicle fuel" means electricity, a hydrogen fuel cell, compressed natural gas, liquefied natural gas, or liquefied petroleum gas; and (14) "Qualified alternative motor vehicle property" means: (A) New equipment that: (i) Is installed: (a) By a certified mechanic; (b) On a motor vehicle with a model year that is no older than one (1) model year older than the current year; and (c) To convert a motor vehicle propelled by gasoline or diesel fuel to be propelled by a qualified alternative motor vehicle fuel; (ii) Is approved by the United States Environmental Protection Agency under 40 C.F.R. Part 85 Subpart F, 40 C.F.R. § 85.501 et seq., and 40 C.F.R. Part 86 Subpart S, 40 C.F.R. § 86.1801-01 et seq.; and (iii) Has not been used to modify or retrofit any other motor vehicle propelled by gasoline or diesel fuel; (B) The portion of the basis of a motor vehicle with a model year that is no older than one (1) model year older than the current year and that was originally equipped to be propelled by a qualified alternative motor vehicle fuel that is attributable to the: (i) Storage of the qualified alternative motor vehicle fuel; (ii) Delivery of the qualified alternative motor vehicle fuel to the motor vehicle's engine; and (iii) Exhaust of gases from the combustion of the qualified alternative motor vehicle fuel; or (C) New property that: (i) Is directly related to the: (a) Compression and delivery of natural gas from a private home or residence for noncommercial purposes into the fuel tank of a motor vehicle propelled by compressed natural gas; or (b) Delivery of electricity from a private home or residence for noncommercial purposes into a motor vehicle propelled by electricity; and (ii) Has not been previously installed or used at another location to refuel motor vehicles powered by natural gas or electricity. Amended by Act 2017, No. 851,§ 8, eff. 8/1/2017. Amended by Act 2017, No. 851,§ 7, eff. 8/1/2017. Amended by Act 2017, No. 851,§ 6, eff. 8/1/2017. Amended by Act 2017, No. 851,§ 5, eff. 8/1/2017. Amended by Act 2017, No. 851,§ 4, eff. 8/1/2017. Amended by Act 2017, No. 851,§ 3, eff. 8/1/2017. Amended by Act 2017, No. 851,§ 2, eff. 8/1/2017. Added by Act 2013, No. 532,§ 1, eff. 8/16/2013.

As used in this subchapter:

(1) "Compressed natural gas" means compressed natural gas that is to be delivered to a motor vehicle at a pressure of at least three thousand pounds per square inch (3,000 psi);

(2) "Compressed natural gas refueling station" means property that: (A) Is directly related to the delivery of compressed natural gas into the fuel tank of a licensed motor vehicle, including without limitation the compression equipment, storage vessels, quality control equipment, and dispensers for compressed natural gas; (B) Is available to the public twenty-four (24) hours each day; (C) Is metered on a gasoline gallon equivalent basis; and (D) Contains a credit card reader that allows for the use of a credit card or debit card to purchase the compressed natural gas;

(A) Is directly related to the delivery of compressed natural gas into the fuel tank of a licensed motor vehicle, including without limitation the compression equipment, storage vessels, quality control equipment, and dispensers for compressed natural gas;

(B) Is available to the public twenty-four (24) hours each day;

(C) Is metered on a gasoline gallon equivalent basis; and

(D) Contains a credit card reader that allows for the use of a credit card or debit card to purchase the compressed natural gas;

(3) "Diesel gallon equivalent" means six and twenty-two hundredths pounds (6.22 lbs.) of liquefied natural gas;

(4) "Electric vehicle" means a plug-in electric drive motor vehicle that is propelled by one (1) or more electric motors using electrical energy stored in rechargeable batteries or other energy storage devices;

(5) "Gasoline gallon equivalent" means five and sixty-six hundredths pounds (5.66 lbs.) of compressed natural gas or one hundred twenty-six and sixty-seven hundredths cubic feet (126.67 cu. ft.) of natural gas;

(6) "Liquefied natural gas" means natural gas that is super-cooled into a liquid fuel that is used primarily in medium-duty and heavy-duty vehicles;

(7) "Liquefied natural gas refueling station" means property that: (A) Is directly related to the delivery of liquefied natural gas into the fuel tank of a licensed motor vehicle, including without limitation the compression equipment, refrigeration equipment, storage vessels, and dispensers for liquefied natural gas; (B) Is available to the public twenty-four (24) hours each day; (C) Is metered on a diesel gallon equivalent basis; and (D) Contains a credit card reader that allows for the use of a credit card or debit card to purchase the liquefied natural gas;

(A) Is directly related to the delivery of liquefied natural gas into the fuel tank of a licensed motor vehicle, including without limitation the compression equipment, refrigeration equipment, storage vessels, and dispensers for liquefied natural gas;

(B) Is available to the public twenty-four (24) hours each day;

(C) Is metered on a diesel gallon equivalent basis; and

(D) Contains a credit card reader that allows for the use of a credit card or debit card to purchase the liquefied natural gas;

(8) (A) "Liquefied petroleum gas" means gas derived from petroleum or natural gas that is: (i) In a gaseous state at normal atmospheric temperature and pressure but may be maintained in a liquid state at normal atmospheric temperature by the application of sufficient pressure; and (ii) Normally stored as a liquid under pressure. (B) "Liquefied petroleum gas" does not include pentane, gasoline, or oil;

(A) "Liquefied petroleum gas" means gas derived from petroleum or natural gas that is: (i) In a gaseous state at normal atmospheric temperature and pressure but may be maintained in a liquid state at normal atmospheric temperature by the application of sufficient pressure; and (ii) Normally stored as a liquid under pressure.

(i) In a gaseous state at normal atmospheric temperature and pressure but may be maintained in a liquid state at normal atmospheric temperature by the application of sufficient pressure; and

(ii) Normally stored as a liquid under pressure.

(B) "Liquefied petroleum gas" does not include pentane, gasoline, or oil;

(9) "Liquefied petroleum gas refueling station" means property that: (A) Is directly related to the delivery of liquefied petroleum gas into the fuel tank of a licensed motor vehicle, including without limitation the compression equipment, storage vessels, and dispensers for liquefied petroleum gas; (B) Is available to the public twenty-four (24) hours each day; (C) Is metered on a gasoline gallon equivalent basis; and (D) Contains a credit card reader that allows for the use of a credit card or debit card to purchase the liquefied petroleum gas;

(A) Is directly related to the delivery of liquefied petroleum gas into the fuel tank of a licensed motor vehicle, including without limitation the compression equipment, storage vessels, and dispensers for liquefied petroleum gas;

(B) Is available to the public twenty-four (24) hours each day;

(C) Is metered on a gasoline gallon equivalent basis; and

(D) Contains a credit card reader that allows for the use of a credit card or debit card to purchase the liquefied petroleum gas;

(10) "Motor vehicle" means a motor vehicle licensed under the laws of this state or another state that was originally designed by the manufacturer to operate lawfully and principally on highways, roads, and streets;

(11) "Private electric vehicle charging station" means a charging station of two hundred forty volts (240 V) or less that is purchased for private use and supplies electricity for charging one (1) or more electric vehicles;

(12) "Public electric vehicle charging station" means a charging station of two hundred forty volts (240 V) or more that: (A) Supplies electricity for charging one (1) or more electric vehicles; (B) Is available to the public twenty-four (24) hours a day; and (C) Contains a credit card reader that allows for the use of a credit card or debit card to purchase electricity;

(A) Supplies electricity for charging one (1) or more electric vehicles;

(B) Is available to the public twenty-four (24) hours a day; and

(C) Contains a credit card reader that allows for the use of a credit card or debit card to purchase electricity;

(13) "Qualified alternative motor vehicle fuel" means electricity, a hydrogen fuel cell, compressed natural gas, liquefied natural gas, or liquefied petroleum gas; and

(14) "Qualified alternative motor vehicle property" means: (A) New equipment that: (i) Is installed: (a) By a certified mechanic; (b) On a motor vehicle with a model year that is no older than one (1) model year older than the current year; and (c) To convert a motor vehicle propelled by gasoline or diesel fuel to be propelled by a qualified alternative motor vehicle fuel; (ii) Is approved by the United States Environmental Protection Agency under 40 C.F.R. Part 85 Subpart F, 40 C.F.R. § 85.501 et seq., and 40 C.F.R. Part 86 Subpart S, 40 C.F.R. § 86.1801-01 et seq.; and (iii) Has not been used to modify or retrofit any other motor vehicle propelled by gasoline or diesel fuel; (B) The portion of the basis of a motor vehicle with a model year that is no older than one (1) model year older than the current year and that was originally equipped to be propelled by a qualified alternative motor vehicle fuel that is attributable to the: (i) Storage of the qualified alternative motor vehicle fuel; (ii) Delivery of the qualified alternative motor vehicle fuel to the motor vehicle's engine; and (iii) Exhaust of gases from the combustion of the qualified alternative motor vehicle fuel; or (C) New property that: (i) Is directly related to the: (a) Compression and delivery of natural gas from a private home or residence for noncommercial purposes into the fuel tank of a motor vehicle propelled by compressed natural gas; or (b) Delivery of electricity from a private home or residence for noncommercial purposes into a motor vehicle propelled by electricity; and (ii) Has not been previously installed or used at another location to refuel motor vehicles powered by natural gas or electricity.

(A) New equipment that: (i) Is installed: (a) By a certified mechanic; (b) On a motor vehicle with a model year that is no older than one (1) model year older than the current year; and (c) To convert a motor vehicle propelled by gasoline or diesel fuel to be propelled by a qualified alternative motor vehicle fuel; (ii) Is approved by the United States Environmental Protection Agency under 40 C.F.R. Part 85 Subpart F, 40 C.F.R. § 85.501 et seq., and 40 C.F.R. Part 86 Subpart S, 40 C.F.R. § 86.1801-01 et seq.; and (iii) Has not been used to modify or retrofit any other motor vehicle propelled by gasoline or diesel fuel;

(i) Is installed: (a) By a certified mechanic; (b) On a motor vehicle with a model year that is no older than one (1) model year older than the current year; and (c) To convert a motor vehicle propelled by gasoline or diesel fuel to be propelled by a qualified alternative motor vehicle fuel;

(a) By a certified mechanic;

(b) On a motor vehicle with a model year that is no older than one (1) model year older than the current year; and

(c) To convert a motor vehicle propelled by gasoline or diesel fuel to be propelled by a qualified alternative motor vehicle fuel;

(ii) Is approved by the United States Environmental Protection Agency under 40 C.F.R. Part 85 Subpart F, 40 C.F.R. § 85.501 et seq., and 40 C.F.R. Part 86 Subpart S, 40 C.F.R. § 86.1801-01 et seq.; and

(iii) Has not been used to modify or retrofit any other motor vehicle propelled by gasoline or diesel fuel;

(B) The portion of the basis of a motor vehicle with a model year that is no older than one (1) model year older than the current year and that was originally equipped to be propelled by a qualified alternative motor vehicle fuel that is attributable to the: (i) Storage of the qualified alternative motor vehicle fuel; (ii) Delivery of the qualified alternative motor vehicle fuel to the motor vehicle's engine; and (iii) Exhaust of gases from the combustion of the qualified alternative motor vehicle fuel; or

(i) Storage of the qualified alternative motor vehicle fuel;

(ii) Delivery of the qualified alternative motor vehicle fuel to the motor vehicle's engine; and

(iii) Exhaust of gases from the combustion of the qualified alternative motor vehicle fuel; or

(C) New property that: (i) Is directly related to the: (a) Compression and delivery of natural gas from a private home or residence for noncommercial purposes into the fuel tank of a motor vehicle propelled by compressed natural gas; or (b) Delivery of electricity from a private home or residence for noncommercial purposes into a motor vehicle propelled by electricity; and (ii) Has not been previously installed or used at another location to refuel motor vehicles powered by natural gas or electricity.

(i) Is directly related to the: (a) Compression and delivery of natural gas from a private home or residence for noncommercial purposes into the fuel tank of a motor vehicle propelled by compressed natural gas; or (b) Delivery of electricity from a private home or residence for noncommercial purposes into a motor vehicle propelled by electricity; and

(a) Compression and delivery of natural gas from a private home or residence for noncommercial purposes into the fuel tank of a motor vehicle propelled by compressed natural gas; or

(b) Delivery of electricity from a private home or residence for noncommercial purposes into a motor vehicle propelled by electricity; and

(ii) Has not been previously installed or used at another location to refuel motor vehicles powered by natural gas or electricity.

Amended by Act 2017, No. 851,§ 8, eff. 8/1/2017.

Amended by Act 2017, No. 851,§ 7, eff. 8/1/2017.

Amended by Act 2017, No. 851,§ 6, eff. 8/1/2017.

Amended by Act 2017, No. 851,§ 5, eff. 8/1/2017.

Amended by Act 2017, No. 851,§ 4, eff. 8/1/2017.

Amended by Act 2017, No. 851,§ 3, eff. 8/1/2017.

Amended by Act 2017, No. 851,§ 2, eff. 8/1/2017.

Added by Act 2013, No. 532,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 15-5-606 — AR Code / Title 15 / Chapter 5 / Subchapter 6 / Section 15-5-606
Balance of state ceiling - Carryforwards
Status: in_force

(a) (1) (A) Volume cap that has not been allocated by the end of the calendar year may be allocated by the President of the Arkansas Development Finance Authority for one (1) or more carryforward purposes, and the issuer receiving such allocation shall carry forward the allocation of volume cap in the manner described in subdivision (a)(2) of this section. (B) (i) Volume cap that has been allocated prior to the end of the calendar year to another issuer by the Arkansas Development Finance Authority but as to which no bonds have been issued may be carried forward only upon the approval of the president. (ii) The issuer seeking to carry forward an allocated volume cap must request the written permission of the president. (iii) The president may require the issuer to submit such information as he or she deems necessary to determine if approval of the request should be granted. (iv) If the president approves the carryforward request, permission to carry forward the volume cap shall be evidenced by a letter from the president, and the issuer shall carry forward the volume cap in the manner described in subdivision (a)(2) of this section. (v) If the president does not approve the carryforward request, the allocation shall be deemed to have expired as of the end of the calendar year, and the volume cap related to the expired allocation may be allocated by the president as set forth in subdivision (a)(1)(A) of this section. (2) (A) In order to carry forward volume cap allocated pursuant to subdivision (a)(1)(A) or subdivision (a)(1)(B) of this section, the issuer, whether such issuer is the authority or another issuer, must make a valid carryforward election statement under the provisions of federal tax law. (B) The carryforward election statement must set forth the information required and must be filed at the place, in the manner, and by the date required for timely filing of a carryforward election statement under federal tax law as set forth in any federal statute, or in any regulation or published notice or ruling of the Internal Revenue Service. (3) A copy of any federal carryforward election statement shall be filed with the president at the same time it is filed with the Internal Revenue Service. (b) Carryforwards elected with respect to any purpose shall be used in order of the calendar years in which they arose. Carryforward purposes shall be those permitted by 26 U.S.C. § 146(f)(5) . (c) (1) Carryforwards previously elected with respect to any purpose pursuant to the provisions of § 4 of the Proclamation of the Governor dated November 30, 1986, for the calendar year ending December 31, 1986, are ratified and confirmed. (2) Carryforwards elected prior to January 2, 2007, with respect to any purpose pursuant to the provisions of the law then in effect are ratified and confirmed. Acts 1987, No. 900, § 8; 2001, No. 1044, § 5; 2007, No. 141, § 2.

(a) (1) (A) Volume cap that has not been allocated by the end of the calendar year may be allocated by the President of the Arkansas Development Finance Authority for one (1) or more carryforward purposes, and the issuer receiving such allocation shall carry forward the allocation of volume cap in the manner described in subdivision (a)(2) of this section. (B) (i) Volume cap that has been allocated prior to the end of the calendar year to another issuer by the Arkansas Development Finance Authority but as to which no bonds have been issued may be carried forward only upon the approval of the president. (ii) The issuer seeking to carry forward an allocated volume cap must request the written permission of the president. (iii) The president may require the issuer to submit such information as he or she deems necessary to determine if approval of the request should be granted. (iv) If the president approves the carryforward request, permission to carry forward the volume cap shall be evidenced by a letter from the president, and the issuer shall carry forward the volume cap in the manner described in subdivision (a)(2) of this section. (v) If the president does not approve the carryforward request, the allocation shall be deemed to have expired as of the end of the calendar year, and the volume cap related to the expired allocation may be allocated by the president as set forth in subdivision (a)(1)(A) of this section. (2) (A) In order to carry forward volume cap allocated pursuant to subdivision (a)(1)(A) or subdivision (a)(1)(B) of this section, the issuer, whether such issuer is the authority or another issuer, must make a valid carryforward election statement under the provisions of federal tax law. (B) The carryforward election statement must set forth the information required and must be filed at the place, in the manner, and by the date required for timely filing of a carryforward election statement under federal tax law as set forth in any federal statute, or in any regulation or published notice or ruling of the Internal Revenue Service. (3) A copy of any federal carryforward election statement shall be filed with the president at the same time it is filed with the Internal Revenue Service.

(1) (A) Volume cap that has not been allocated by the end of the calendar year may be allocated by the President of the Arkansas Development Finance Authority for one (1) or more carryforward purposes, and the issuer receiving such allocation shall carry forward the allocation of volume cap in the manner described in subdivision (a)(2) of this section. (B) (i) Volume cap that has been allocated prior to the end of the calendar year to another issuer by the Arkansas Development Finance Authority but as to which no bonds have been issued may be carried forward only upon the approval of the president. (ii) The issuer seeking to carry forward an allocated volume cap must request the written permission of the president. (iii) The president may require the issuer to submit such information as he or she deems necessary to determine if approval of the request should be granted. (iv) If the president approves the carryforward request, permission to carry forward the volume cap shall be evidenced by a letter from the president, and the issuer shall carry forward the volume cap in the manner described in subdivision (a)(2) of this section. (v) If the president does not approve the carryforward request, the allocation shall be deemed to have expired as of the end of the calendar year, and the volume cap related to the expired allocation may be allocated by the president as set forth in subdivision (a)(1)(A) of this section.

(A) Volume cap that has not been allocated by the end of the calendar year may be allocated by the President of the Arkansas Development Finance Authority for one (1) or more carryforward purposes, and the issuer receiving such allocation shall carry forward the allocation of volume cap in the manner described in subdivision (a)(2) of this section.

(B) (i) Volume cap that has been allocated prior to the end of the calendar year to another issuer by the Arkansas Development Finance Authority but as to which no bonds have been issued may be carried forward only upon the approval of the president. (ii) The issuer seeking to carry forward an allocated volume cap must request the written permission of the president. (iii) The president may require the issuer to submit such information as he or she deems necessary to determine if approval of the request should be granted. (iv) If the president approves the carryforward request, permission to carry forward the volume cap shall be evidenced by a letter from the president, and the issuer shall carry forward the volume cap in the manner described in subdivision (a)(2) of this section. (v) If the president does not approve the carryforward request, the allocation shall be deemed to have expired as of the end of the calendar year, and the volume cap related to the expired allocation may be allocated by the president as set forth in subdivision (a)(1)(A) of this section.

(i) Volume cap that has been allocated prior to the end of the calendar year to another issuer by the Arkansas Development Finance Authority but as to which no bonds have been issued may be carried forward only upon the approval of the president.

(ii) The issuer seeking to carry forward an allocated volume cap must request the written permission of the president.

(iii) The president may require the issuer to submit such information as he or she deems necessary to determine if approval of the request should be granted.

(iv) If the president approves the carryforward request, permission to carry forward the volume cap shall be evidenced by a letter from the president, and the issuer shall carry forward the volume cap in the manner described in subdivision (a)(2) of this section.

(v) If the president does not approve the carryforward request, the allocation shall be deemed to have expired as of the end of the calendar year, and the volume cap related to the expired allocation may be allocated by the president as set forth in subdivision (a)(1)(A) of this section.

(2) (A) In order to carry forward volume cap allocated pursuant to subdivision (a)(1)(A) or subdivision (a)(1)(B) of this section, the issuer, whether such issuer is the authority or another issuer, must make a valid carryforward election statement under the provisions of federal tax law. (B) The carryforward election statement must set forth the information required and must be filed at the place, in the manner, and by the date required for timely filing of a carryforward election statement under federal tax law as set forth in any federal statute, or in any regulation or published notice or ruling of the Internal Revenue Service.

(A) In order to carry forward volume cap allocated pursuant to subdivision (a)(1)(A) or subdivision (a)(1)(B) of this section, the issuer, whether such issuer is the authority or another issuer, must make a valid carryforward election statement under the provisions of federal tax law.

(B) The carryforward election statement must set forth the information required and must be filed at the place, in the manner, and by the date required for timely filing of a carryforward election statement under federal tax law as set forth in any federal statute, or in any regulation or published notice or ruling of the Internal Revenue Service.

(3) A copy of any federal carryforward election statement shall be filed with the president at the same time it is filed with the Internal Revenue Service.

(b) Carryforwards elected with respect to any purpose shall be used in order of the calendar years in which they arose. Carryforward purposes shall be those permitted by 26 U.S.C. § 146(f)(5) .

(c) (1) Carryforwards previously elected with respect to any purpose pursuant to the provisions of § 4 of the Proclamation of the Governor dated November 30, 1986, for the calendar year ending December 31, 1986, are ratified and confirmed. (2) Carryforwards elected prior to January 2, 2007, with respect to any purpose pursuant to the provisions of the law then in effect are ratified and confirmed.

(1) Carryforwards previously elected with respect to any purpose pursuant to the provisions of § 4 of the Proclamation of the Governor dated November 30, 1986, for the calendar year ending December 31, 1986, are ratified and confirmed.

(2) Carryforwards elected prior to January 2, 2007, with respect to any purpose pursuant to the provisions of the law then in effect are ratified and confirmed.

Acts 1987, No. 900, § 8; 2001, No. 1044, § 5; 2007, No. 141, § 2.
Ark. Code Ann. § 15-20-304 — AR Code / Title 15 / Chapter 20 / Subchapter 3 / Section 15-20-304
Arkansas Natural Heritage Commission - Establishment
Status: in_force

The Arkansas Natural Heritage Commission, hereinafter called the "commission", is established. Acts 1973, No. 112, § 4; A.S.A. 1947, § 9-1404.

The Arkansas Natural Heritage Commission, hereinafter called the "commission", is established.

Acts 1973, No. 112, § 4; A.S.A. 1947, § 9-1404.
Ark. Code Ann. § 15-56-308 — AR Code / Title 15 / Chapter 56 / Subchapter 3 / Section 15-56-308
Discharge of receiver - Accounting
Status: in_force

Upon any lease or contract being executed by the receiver appointed by the circuit court as provided in this subchapter, and upon the lease or contract's being reported, and approved by the court, and all considerations, if any, being accounted for by the receiver, with any money left in the hands of the receiver being paid into the registry of the court, the receiver shall be discharged, and the lessee or assigns shall thereafter account to the respective owners for all royalties arising or accruing under the term of the lease or contract, with payment to be made by the lessee or operator for any unknown persons into the registry of the court as the interest of the persons may appear. Acts 1937, No. 220, § 13; Pope's Dig., § 11207; Acts 1963, No. 85, § 13; A.S.A. 1947, § 52-213.

Upon any lease or contract being executed by the receiver appointed by the circuit court as provided in this subchapter, and upon the lease or contract's being reported, and approved by the court, and all considerations, if any, being accounted for by the receiver, with any money left in the hands of the receiver being paid into the registry of the court, the receiver shall be discharged, and the lessee or assigns shall thereafter account to the respective owners for all royalties arising or accruing under the term of the lease or contract, with payment to be made by the lessee or operator for any unknown persons into the registry of the court as the interest of the persons may appear.

Acts 1937, No. 220, § 13; Pope's Dig., § 11207; Acts 1963, No. 85, § 13; A.S.A. 1947, § 52-213.
Ark. Code Ann. § 15-4-906 — AR Code / Title 15 / Chapter 4 / Subchapter 9 / Section 15-4-906
[Repealed]
Status: repealed

Repealed by Act 2017, No. 426,§ 3, eff. 8/1/2017. Acts 1957, No. 567, § 10; 1985, No. 667, § 2; A.S.A. 1947, § 67-1610.

Repealed by Act 2017, No. 426,§ 3, eff. 8/1/2017.

Acts 1957, No. 567, § 10; 1985, No. 667, § 2; A.S.A. 1947, § 67-1610.
Ark. Code Ann. § 15-4-605 — AR Code / Title 15 / Chapter 4 / Subchapter 6 / Section 15-4-605
Revenue Bond Guaranty Reserve Account - Investment of funds
Status: in_force

(a) The Arkansas Economic Development Council is authorized to: (1) (A) Establish a Revenue Bond Guaranty Reserve Account, sometimes referred to in this subchapter as the "account", in any Arkansas bank that is a member of the Federal Deposit Insurance Corporation. (B) Each account shall be in the name of the council, and the amount thereof in excess of that insured by the Federal Deposit Insurance Corporation must be secured by direct obligations of the United States or general obligations of the State of Arkansas or political subdivisions thereof; and (2) (A) Invest funds in the account in either direct obligations of the United States or certificates of deposit issued by an Arkansas bank or banks. (B) All moneys received by the council under and pursuant to the provisions of this subchapter shall be deposited as and when received into the account. (C) It is the intent of this subchapter that idle funds in the account shall be invested in direct obligations of the United States or certificates of deposit issued by an Arkansas bank or banks, as provided in this section, in order that maximum interest return may be received by the account. (b) All moneys now or hereafter deposited into, or paid to the council for deposit into, the account are specifically declared to be cash funds, received from sources other than taxes, restricted in their use. These moneys shall not be deposited into the State Treasury but shall be deposited into one (1) or more banks, as set forth in subsection (a) of this section. Acts 1967, No. 173, § 4; 1969, No. 397, § 3(b); A.S.A. 1947, § 9-562.

(a) The Arkansas Economic Development Council is authorized to: (1) (A) Establish a Revenue Bond Guaranty Reserve Account, sometimes referred to in this subchapter as the "account", in any Arkansas bank that is a member of the Federal Deposit Insurance Corporation. (B) Each account shall be in the name of the council, and the amount thereof in excess of that insured by the Federal Deposit Insurance Corporation must be secured by direct obligations of the United States or general obligations of the State of Arkansas or political subdivisions thereof; and (2) (A) Invest funds in the account in either direct obligations of the United States or certificates of deposit issued by an Arkansas bank or banks. (B) All moneys received by the council under and pursuant to the provisions of this subchapter shall be deposited as and when received into the account. (C) It is the intent of this subchapter that idle funds in the account shall be invested in direct obligations of the United States or certificates of deposit issued by an Arkansas bank or banks, as provided in this section, in order that maximum interest return may be received by the account.

(1) (A) Establish a Revenue Bond Guaranty Reserve Account, sometimes referred to in this subchapter as the "account", in any Arkansas bank that is a member of the Federal Deposit Insurance Corporation. (B) Each account shall be in the name of the council, and the amount thereof in excess of that insured by the Federal Deposit Insurance Corporation must be secured by direct obligations of the United States or general obligations of the State of Arkansas or political subdivisions thereof; and

(A) Establish a Revenue Bond Guaranty Reserve Account, sometimes referred to in this subchapter as the "account", in any Arkansas bank that is a member of the Federal Deposit Insurance Corporation.

(B) Each account shall be in the name of the council, and the amount thereof in excess of that insured by the Federal Deposit Insurance Corporation must be secured by direct obligations of the United States or general obligations of the State of Arkansas or political subdivisions thereof; and

(2) (A) Invest funds in the account in either direct obligations of the United States or certificates of deposit issued by an Arkansas bank or banks. (B) All moneys received by the council under and pursuant to the provisions of this subchapter shall be deposited as and when received into the account. (C) It is the intent of this subchapter that idle funds in the account shall be invested in direct obligations of the United States or certificates of deposit issued by an Arkansas bank or banks, as provided in this section, in order that maximum interest return may be received by the account.

(A) Invest funds in the account in either direct obligations of the United States or certificates of deposit issued by an Arkansas bank or banks.

(B) All moneys received by the council under and pursuant to the provisions of this subchapter shall be deposited as and when received into the account.

(C) It is the intent of this subchapter that idle funds in the account shall be invested in direct obligations of the United States or certificates of deposit issued by an Arkansas bank or banks, as provided in this section, in order that maximum interest return may be received by the account.

(b) All moneys now or hereafter deposited into, or paid to the council for deposit into, the account are specifically declared to be cash funds, received from sources other than taxes, restricted in their use. These moneys shall not be deposited into the State Treasury but shall be deposited into one (1) or more banks, as set forth in subsection (a) of this section.

Acts 1967, No. 173, § 4; 1969, No. 397, § 3(b); A.S.A. 1947, § 9-562.
Ark. Code Ann. § 15-23-202 — AR Code / Title 15 / Chapter 23 / Subchapter 2 / Section 15-23-202
Duties
Status: in_force

(a) The Arkansas Waterways Commission, hereinafter referred to as the "commission", is authorized to: (1) Study and coordinate efforts designed to promote the development of the navigable stream areas in this state for water transportation purposes; (2) Encourage and coordinate the development of river port and harbor facilities; (3) Recommend to the proper officials recreational restrictions in critical commercial navigation areas in order to promote public safety and expedite water transportation; (4) Intercede on behalf of and represent the State of Arkansas in matters pertaining to the application of fees, tolls, or user charges levied or contemplated to be levied against the water transportation industry engaged in either intrastate or interstate water commerce; (5) (A) Receive and use any federal, state, or private funds, donations, and grants made available for the development, use, and expansion of river transportation resources of this state. (B) However, nothing in this section shall be deemed to deny or prohibit any city, county, port authority, or other governmental or private agency or authority from accepting such donations and grants as they are now authorized by law to receive; (6) (A) Cooperate with and furnish assurances to the United States Government and any agencies thereof for improvement of the waterways of this state for the purpose of commercial navigation and other project purposes and contract with the United States Secretary of the Army and the Chief of Engineers of the United States Army Corps of Engineers to provide the necessary lands, easements, and rights-of-way in connection therewith; (B) Share, if necessary, in the costs of the projects in the event the Chief of Engineers of the United States Army Corps of Engineers determines that it is necessary under applicable federal laws and policy; and (C) Otherwise furnish local cooperation requirements of the laws authorizing projects; (7) Have and exercise the power and authority to acquire such real and personal property, in the name of the State of Arkansas, by gift, grant, purchase, negotiation, or by condemnation, as the commission deems necessary or desirable to carry out its functions and responsibilities under this subchapter; (8) Require all state agencies, boards, or commissions, when such agencies, boards, and commissions are planning industrial, residential, or recreational zoning, operational regulations or improvements involving channel alignments, bank stabilization, or bank and adjacent land uses, which would directly or indirectly affect commercial navigation on any of the state's inland waterways, and coordinate such planning with the commission; (9) Require all state agencies, boards, and commissions having the power to give assurances over water resource projects to coordinate such activities with the commission prior to giving such assurances if such assurances are given in regard to projects and programs that are on the navigable waterways of the state or may affect these waterways; (10) Authorize the assignment, transfer, lease, conveyance, grant, or donation of any or all of its property to the United States or to any agency or department thereof for the use of the United States in connection with the purposes of this subchapter; (11) (A) Represent this state in the promotion of the development of commercial water transportation in this state and cooperate with other states, other agencies of this state, or agencies of the United States Government, in any manner whatsoever, in an effort to develop the commercial use of the waterways in this state. (B) The commission is empowered to study all executive orders and legislation, state and federal, which may affect the commercial development of interstate or intrastate water transportation and make recommendations concerning any such executive orders or legislation; and (12) Do and perform all other functions for and in behalf of the state which may be necessary or desirable to accomplish the purposes of this subchapter, including, but not limited to, the making of studies and plans for the expansion, use, and growth of the water transportation resources and facilities of this state. (b) Nothing contained in this section shall be construed to deny or otherwise restrict or prohibit any other agency or political subdivision of the State of Arkansas from exercising the same or similar functions as enumerated in this section as may be within its powers, responsibilities, and authorities. Acts 1967, No. 242, § 2; 1973, No. 414, § 1; A.S.A. 1947, § 21-1702.

(a) The Arkansas Waterways Commission, hereinafter referred to as the "commission", is authorized to: (1) Study and coordinate efforts designed to promote the development of the navigable stream areas in this state for water transportation purposes; (2) Encourage and coordinate the development of river port and harbor facilities; (3) Recommend to the proper officials recreational restrictions in critical commercial navigation areas in order to promote public safety and expedite water transportation; (4) Intercede on behalf of and represent the State of Arkansas in matters pertaining to the application of fees, tolls, or user charges levied or contemplated to be levied against the water transportation industry engaged in either intrastate or interstate water commerce; (5) (A) Receive and use any federal, state, or private funds, donations, and grants made available for the development, use, and expansion of river transportation resources of this state. (B) However, nothing in this section shall be deemed to deny or prohibit any city, county, port authority, or other governmental or private agency or authority from accepting such donations and grants as they are now authorized by law to receive; (6) (A) Cooperate with and furnish assurances to the United States Government and any agencies thereof for improvement of the waterways of this state for the purpose of commercial navigation and other project purposes and contract with the United States Secretary of the Army and the Chief of Engineers of the United States Army Corps of Engineers to provide the necessary lands, easements, and rights-of-way in connection therewith; (B) Share, if necessary, in the costs of the projects in the event the Chief of Engineers of the United States Army Corps of Engineers determines that it is necessary under applicable federal laws and policy; and (C) Otherwise furnish local cooperation requirements of the laws authorizing projects; (7) Have and exercise the power and authority to acquire such real and personal property, in the name of the State of Arkansas, by gift, grant, purchase, negotiation, or by condemnation, as the commission deems necessary or desirable to carry out its functions and responsibilities under this subchapter; (8) Require all state agencies, boards, or commissions, when such agencies, boards, and commissions are planning industrial, residential, or recreational zoning, operational regulations or improvements involving channel alignments, bank stabilization, or bank and adjacent land uses, which would directly or indirectly affect commercial navigation on any of the state's inland waterways, and coordinate such planning with the commission; (9) Require all state agencies, boards, and commissions having the power to give assurances over water resource projects to coordinate such activities with the commission prior to giving such assurances if such assurances are given in regard to projects and programs that are on the navigable waterways of the state or may affect these waterways; (10) Authorize the assignment, transfer, lease, conveyance, grant, or donation of any or all of its property to the United States or to any agency or department thereof for the use of the United States in connection with the purposes of this subchapter; (11) (A) Represent this state in the promotion of the development of commercial water transportation in this state and cooperate with other states, other agencies of this state, or agencies of the United States Government, in any manner whatsoever, in an effort to develop the commercial use of the waterways in this state. (B) The commission is empowered to study all executive orders and legislation, state and federal, which may affect the commercial development of interstate or intrastate water transportation and make recommendations concerning any such executive orders or legislation; and (12) Do and perform all other functions for and in behalf of the state which may be necessary or desirable to accomplish the purposes of this subchapter, including, but not limited to, the making of studies and plans for the expansion, use, and growth of the water transportation resources and facilities of this state.

(1) Study and coordinate efforts designed to promote the development of the navigable stream areas in this state for water transportation purposes;

(2) Encourage and coordinate the development of river port and harbor facilities;

(3) Recommend to the proper officials recreational restrictions in critical commercial navigation areas in order to promote public safety and expedite water transportation;

(4) Intercede on behalf of and represent the State of Arkansas in matters pertaining to the application of fees, tolls, or user charges levied or contemplated to be levied against the water transportation industry engaged in either intrastate or interstate water commerce;

(5) (A) Receive and use any federal, state, or private funds, donations, and grants made available for the development, use, and expansion of river transportation resources of this state. (B) However, nothing in this section shall be deemed to deny or prohibit any city, county, port authority, or other governmental or private agency or authority from accepting such donations and grants as they are now authorized by law to receive;

(A) Receive and use any federal, state, or private funds, donations, and grants made available for the development, use, and expansion of river transportation resources of this state.

(B) However, nothing in this section shall be deemed to deny or prohibit any city, county, port authority, or other governmental or private agency or authority from accepting such donations and grants as they are now authorized by law to receive;

(6) (A) Cooperate with and furnish assurances to the United States Government and any agencies thereof for improvement of the waterways of this state for the purpose of commercial navigation and other project purposes and contract with the United States Secretary of the Army and the Chief of Engineers of the United States Army Corps of Engineers to provide the necessary lands, easements, and rights-of-way in connection therewith; (B) Share, if necessary, in the costs of the projects in the event the Chief of Engineers of the United States Army Corps of Engineers determines that it is necessary under applicable federal laws and policy; and (C) Otherwise furnish local cooperation requirements of the laws authorizing projects;

(A) Cooperate with and furnish assurances to the United States Government and any agencies thereof for improvement of the waterways of this state for the purpose of commercial navigation and other project purposes and contract with the United States Secretary of the Army and the Chief of Engineers of the United States Army Corps of Engineers to provide the necessary lands, easements, and rights-of-way in connection therewith;

(B) Share, if necessary, in the costs of the projects in the event the Chief of Engineers of the United States Army Corps of Engineers determines that it is necessary under applicable federal laws and policy; and

(C) Otherwise furnish local cooperation requirements of the laws authorizing projects;

(7) Have and exercise the power and authority to acquire such real and personal property, in the name of the State of Arkansas, by gift, grant, purchase, negotiation, or by condemnation, as the commission deems necessary or desirable to carry out its functions and responsibilities under this subchapter;

(8) Require all state agencies, boards, or commissions, when such agencies, boards, and commissions are planning industrial, residential, or recreational zoning, operational regulations or improvements involving channel alignments, bank stabilization, or bank and adjacent land uses, which would directly or indirectly affect commercial navigation on any of the state's inland waterways, and coordinate such planning with the commission;

(9) Require all state agencies, boards, and commissions having the power to give assurances over water resource projects to coordinate such activities with the commission prior to giving such assurances if such assurances are given in regard to projects and programs that are on the navigable waterways of the state or may affect these waterways;

(10) Authorize the assignment, transfer, lease, conveyance, grant, or donation of any or all of its property to the United States or to any agency or department thereof for the use of the United States in connection with the purposes of this subchapter;

(11) (A) Represent this state in the promotion of the development of commercial water transportation in this state and cooperate with other states, other agencies of this state, or agencies of the United States Government, in any manner whatsoever, in an effort to develop the commercial use of the waterways in this state. (B) The commission is empowered to study all executive orders and legislation, state and federal, which may affect the commercial development of interstate or intrastate water transportation and make recommendations concerning any such executive orders or legislation; and

(A) Represent this state in the promotion of the development of commercial water transportation in this state and cooperate with other states, other agencies of this state, or agencies of the United States Government, in any manner whatsoever, in an effort to develop the commercial use of the waterways in this state.

(B) The commission is empowered to study all executive orders and legislation, state and federal, which may affect the commercial development of interstate or intrastate water transportation and make recommendations concerning any such executive orders or legislation; and

(12) Do and perform all other functions for and in behalf of the state which may be necessary or desirable to accomplish the purposes of this subchapter, including, but not limited to, the making of studies and plans for the expansion, use, and growth of the water transportation resources and facilities of this state.

(b) Nothing contained in this section shall be construed to deny or otherwise restrict or prohibit any other agency or political subdivision of the State of Arkansas from exercising the same or similar functions as enumerated in this section as may be within its powers, responsibilities, and authorities.

Acts 1967, No. 242, § 2; 1973, No. 414, § 1; A.S.A. 1947, § 21-1702.
Ark. Code Ann. § 15-58-204 — AR Code / Title 15 / Chapter 58 / Subchapter 2 / Section 15-58-204
Adoption of rules
Status: in_force

(a) Before the adoption, amendment, or repeal of any rule, the Arkansas Pollution Control and Ecology Commission shall give public notice and the opportunity for a public hearing under §§ 15-58-207 and 15-58-208 . (b) (1) If the commission finds that imminent peril to the public health, safety, or welfare requires adoption of a rule upon less than twenty (20) days' notice and states in writing its reasons for that finding, it may proceed without prior notice or hearing, or upon any abbreviated notice and hearing that it may choose, to adopt an emergency rule. (2) The rule may be effective for no longer than one hundred eighty (180) days. (c) (1) A person has the right to petition for the issuance, amendment, or repeal of any rule. (2) Within ninety (90) days after submission of a petition, the commission either shall deny the petition, stating in writing its reasons for the denial, or shall initiate rulemaking proceedings in accordance with subsection (a) of this section. (d) (1) The commission shall file with the Secretary of State a certified copy of each rule adopted by it. (2) The Secretary of State shall keep a permanent register of the rule open to public inspection. (3) (A) Each rule shall be effective twenty (20) days after filing, unless a later date is specified by law or in the rule. (B) However, an emergency rule may become effective immediately upon filing or at a stated time less than twenty (20) days after filing if the commission finds that this effective date is necessary because of imminent peril to the public health, safety, or welfare. (C) The commission's finding and a brief statement of the reasons shall be filed with the rule. (D) The commission shall take appropriate measures to make emergency rules known to the persons who may be affected by them. (e) A rule shall not be valid unless adopted and filed in substantial compliance with this chapter. Amended by Act 2019, No. 315,§ 1183, eff. 7/24/2019. Acts 1979, No. 134, § 27; A.S.A. 1947, § 52-961; Acts 2011, No. 279, § 3.

(a) Before the adoption, amendment, or repeal of any rule, the Arkansas Pollution Control and Ecology Commission shall give public notice and the opportunity for a public hearing under §§ 15-58-207 and 15-58-208 .

(b) (1) If the commission finds that imminent peril to the public health, safety, or welfare requires adoption of a rule upon less than twenty (20) days' notice and states in writing its reasons for that finding, it may proceed without prior notice or hearing, or upon any abbreviated notice and hearing that it may choose, to adopt an emergency rule. (2) The rule may be effective for no longer than one hundred eighty (180) days.

(1) If the commission finds that imminent peril to the public health, safety, or welfare requires adoption of a rule upon less than twenty (20) days' notice and states in writing its reasons for that finding, it may proceed without prior notice or hearing, or upon any abbreviated notice and hearing that it may choose, to adopt an emergency rule.

(2) The rule may be effective for no longer than one hundred eighty (180) days.

(c) (1) A person has the right to petition for the issuance, amendment, or repeal of any rule. (2) Within ninety (90) days after submission of a petition, the commission either shall deny the petition, stating in writing its reasons for the denial, or shall initiate rulemaking proceedings in accordance with subsection (a) of this section.

(1) A person has the right to petition for the issuance, amendment, or repeal of any rule.

(2) Within ninety (90) days after submission of a petition, the commission either shall deny the petition, stating in writing its reasons for the denial, or shall initiate rulemaking proceedings in accordance with subsection (a) of this section.

(d) (1) The commission shall file with the Secretary of State a certified copy of each rule adopted by it. (2) The Secretary of State shall keep a permanent register of the rule open to public inspection. (3) (A) Each rule shall be effective twenty (20) days after filing, unless a later date is specified by law or in the rule. (B) However, an emergency rule may become effective immediately upon filing or at a stated time less than twenty (20) days after filing if the commission finds that this effective date is necessary because of imminent peril to the public health, safety, or welfare. (C) The commission's finding and a brief statement of the reasons shall be filed with the rule. (D) The commission shall take appropriate measures to make emergency rules known to the persons who may be affected by them.

(1) The commission shall file with the Secretary of State a certified copy of each rule adopted by it.

(2) The Secretary of State shall keep a permanent register of the rule open to public inspection.

(3) (A) Each rule shall be effective twenty (20) days after filing, unless a later date is specified by law or in the rule. (B) However, an emergency rule may become effective immediately upon filing or at a stated time less than twenty (20) days after filing if the commission finds that this effective date is necessary because of imminent peril to the public health, safety, or welfare. (C) The commission's finding and a brief statement of the reasons shall be filed with the rule. (D) The commission shall take appropriate measures to make emergency rules known to the persons who may be affected by them.

(A) Each rule shall be effective twenty (20) days after filing, unless a later date is specified by law or in the rule.

(B) However, an emergency rule may become effective immediately upon filing or at a stated time less than twenty (20) days after filing if the commission finds that this effective date is necessary because of imminent peril to the public health, safety, or welfare.

(C) The commission's finding and a brief statement of the reasons shall be filed with the rule.

(D) The commission shall take appropriate measures to make emergency rules known to the persons who may be affected by them.

(e) A rule shall not be valid unless adopted and filed in substantial compliance with this chapter.

Amended by Act 2019, No. 315,§ 1183, eff. 7/24/2019.

Acts 1979, No. 134, § 27; A.S.A. 1947, § 52-961; Acts 2011, No. 279, § 3.
Ark. Code Ann. § 15-58-407 — AR Code / Title 15 / Chapter 58 / Subchapter 4 / Section 15-58-407
Use of acquired lands - Public hearing
Status: in_force

(a) The Arkansas Pollution Control and Ecology Commission, pursuant to an approved state abandoned mine reclamation program, when requested after appropriate public notice, shall hold a public hearing in accordance with §§ 15-58-207 and 15-58-208 in the county or counties in which lands acquired pursuant to this subchapter are located. (b) The hearing shall be held in accordance with procedures established by the commission through rules and at a time which shall afford local citizens and governments the maximum opportunity to participate in the decision concerning the use or disposition of the lands after restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices. Amended by Act 2019, No. 315,§ 1209, eff. 7/24/2019. Acts 1979, No. 134, § 12; A.S.A. 1947, § 52-946.

(a) The Arkansas Pollution Control and Ecology Commission, pursuant to an approved state abandoned mine reclamation program, when requested after appropriate public notice, shall hold a public hearing in accordance with §§ 15-58-207 and 15-58-208 in the county or counties in which lands acquired pursuant to this subchapter are located.

(b) The hearing shall be held in accordance with procedures established by the commission through rules and at a time which shall afford local citizens and governments the maximum opportunity to participate in the decision concerning the use or disposition of the lands after restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices.

Amended by Act 2019, No. 315,§ 1209, eff. 7/24/2019.

Acts 1979, No. 134, § 12; A.S.A. 1947, § 52-946.
Ark. Code Ann. § 15-22-507 — AR Code / Title 15 / Chapter 22 / Subchapter 5 / Section 15-22-507
Arkansas Water Development Fund
Status: in_force

(a) The Arkansas Natural Resources Commission is authorized to establish, maintain, and administer the "Arkansas Water Development Fund", which shall be used for the payment of any water development project costs set out in § 15-22-506 and to discharge obligations pertaining to the principal of and interest on any water development bond issued by the commission. (b) The fund may consist of the following: (1) Cash funds, from whatever source received, on deposit by the commission in any one (1) or more banks qualifying for the deposit of public funds; (2) Savings accounts in any one (1) or more banks qualifying for such deposits of public funds; and (3) Bonds of the United States. Acts 1969, No. 217, § 4; A.S.A. 1947, § 21-1320.

(a) The Arkansas Natural Resources Commission is authorized to establish, maintain, and administer the "Arkansas Water Development Fund", which shall be used for the payment of any water development project costs set out in § 15-22-506 and to discharge obligations pertaining to the principal of and interest on any water development bond issued by the commission.

(b) The fund may consist of the following: (1) Cash funds, from whatever source received, on deposit by the commission in any one (1) or more banks qualifying for the deposit of public funds; (2) Savings accounts in any one (1) or more banks qualifying for such deposits of public funds; and (3) Bonds of the United States.

(1) Cash funds, from whatever source received, on deposit by the commission in any one (1) or more banks qualifying for the deposit of public funds;

(2) Savings accounts in any one (1) or more banks qualifying for such deposits of public funds; and

(3) Bonds of the United States.

Acts 1969, No. 217, § 4; A.S.A. 1947, § 21-1320.
Ark. Code Ann. § 15-4-1606 — AR Code / Title 15 / Chapter 4 / Subchapter 16 / Section 15-4-1606
Limitations
Status: in_force

The following limitations shall apply to all financial incentive plans negotiated by the Arkansas Economic Development Commission: (1) (A) The term of a financial incentive plan shall not exceed one hundred twenty-six (126) months. (B) (i) For defense industry projects, as defined in § 26-52-702 [repealed], the one hundred and twenty-six (126) months shall be calculated forward from the date certification of the mandatory number of employees is granted by the Department of Finance and Administration. (ii) For all other financial incentive plans, the one hundred twenty-six (126) months shall be calculated forward from the date of the financial incentive plan entered into by the business and the commission; (2) The business shall not be entitled to the benefits of a financial incentive plan entered into with the commission until twelve (12) months after it has hired the requisite number of net new full-time permanent employees and has certified that fact to the department as required by this subchapter; (3) (A) If the number of net new full-time permanent employees drops below the requisite number provided in § 15-4-1605 , all benefits under the financial incentive plan entered into with the commission shall be terminated unless the Director of the Arkansas Economic Development Commission and the Chief Fiscal Officer of the State approve a written request filed by the business explaining why the number of net new full-time permanent employees fell below the requisite number. The director and the Chief Fiscal Officer of the State may grant the business up to twenty-four (24) months to bring the number of net new full-time permanent employees back up to the requisite number and may approve the continuation of benefits during that period. (B) (i) In the event that the requisite number of net new full-time permanent employees cannot be employed within the twenty-four-month period, the business can file a written application with the commission explaining why additional time is necessary. The business can be afforded up to twenty-four (24) more months to hire the requisite number of employees if the director and the Chief Fiscal Officer of the State agree. (ii) In the event that a business fails to notify the department that the number of net new full-time permanent employees has fallen below the required number to continue to receive benefits under a financial incentive plan, that business will be liable for the repayment of all benefits which were paid to the business after it no longer qualified for the benefits. Interest shall also be due at the rate of ten percent (10%) per annum; (4) (A) The financial benefits received by a business shall be used in accordance with the financial incentive plan entered into with the commission. (B) (i) Financial incentive plans shall designate how the funds are to be used by the business. (ii) A financial incentive plan may designate funds for employee training, infrastructure, or other purposes agreed to by the business and the director; and (5) Recipients of benefits under this subchapter are precluded from receiving benefits under the Arkansas Economic Development Act of 1995, § 15-4-1901 et seq. Amended by Act 2019, No. 910,§ 370, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 369, eff. 7/1/2019. Amended by Act 2017, No. 374,§ 7, eff. 8/1/2017. Acts 1993, No. 788, § 6; 1993, No. 851, § 6; 1995, No. 820, § 1; 1997, No. 807, § 22; 1999, No. 584, § 5; 2001, No. 737, § 4.

The following limitations shall apply to all financial incentive plans negotiated by the Arkansas Economic Development Commission:

(1) (A) The term of a financial incentive plan shall not exceed one hundred twenty-six (126) months. (B) (i) For defense industry projects, as defined in § 26-52-702 [repealed], the one hundred and twenty-six (126) months shall be calculated forward from the date certification of the mandatory number of employees is granted by the Department of Finance and Administration. (ii) For all other financial incentive plans, the one hundred twenty-six (126) months shall be calculated forward from the date of the financial incentive plan entered into by the business and the commission;

(A) The term of a financial incentive plan shall not exceed one hundred twenty-six (126) months.

(B) (i) For defense industry projects, as defined in § 26-52-702 [repealed], the one hundred and twenty-six (126) months shall be calculated forward from the date certification of the mandatory number of employees is granted by the Department of Finance and Administration. (ii) For all other financial incentive plans, the one hundred twenty-six (126) months shall be calculated forward from the date of the financial incentive plan entered into by the business and the commission;

(i) For defense industry projects, as defined in § 26-52-702 [repealed], the one hundred and twenty-six (126) months shall be calculated forward from the date certification of the mandatory number of employees is granted by the Department of Finance and Administration.

(ii) For all other financial incentive plans, the one hundred twenty-six (126) months shall be calculated forward from the date of the financial incentive plan entered into by the business and the commission;

(2) The business shall not be entitled to the benefits of a financial incentive plan entered into with the commission until twelve (12) months after it has hired the requisite number of net new full-time permanent employees and has certified that fact to the department as required by this subchapter;

(3) (A) If the number of net new full-time permanent employees drops below the requisite number provided in § 15-4-1605 , all benefits under the financial incentive plan entered into with the commission shall be terminated unless the Director of the Arkansas Economic Development Commission and the Chief Fiscal Officer of the State approve a written request filed by the business explaining why the number of net new full-time permanent employees fell below the requisite number. The director and the Chief Fiscal Officer of the State may grant the business up to twenty-four (24) months to bring the number of net new full-time permanent employees back up to the requisite number and may approve the continuation of benefits during that period. (B) (i) In the event that the requisite number of net new full-time permanent employees cannot be employed within the twenty-four-month period, the business can file a written application with the commission explaining why additional time is necessary. The business can be afforded up to twenty-four (24) more months to hire the requisite number of employees if the director and the Chief Fiscal Officer of the State agree. (ii) In the event that a business fails to notify the department that the number of net new full-time permanent employees has fallen below the required number to continue to receive benefits under a financial incentive plan, that business will be liable for the repayment of all benefits which were paid to the business after it no longer qualified for the benefits. Interest shall also be due at the rate of ten percent (10%) per annum;

(A) If the number of net new full-time permanent employees drops below the requisite number provided in § 15-4-1605 , all benefits under the financial incentive plan entered into with the commission shall be terminated unless the Director of the Arkansas Economic Development Commission and the Chief Fiscal Officer of the State approve a written request filed by the business explaining why the number of net new full-time permanent employees fell below the requisite number. The director and the Chief Fiscal Officer of the State may grant the business up to twenty-four (24) months to bring the number of net new full-time permanent employees back up to the requisite number and may approve the continuation of benefits during that period.

(B) (i) In the event that the requisite number of net new full-time permanent employees cannot be employed within the twenty-four-month period, the business can file a written application with the commission explaining why additional time is necessary. The business can be afforded up to twenty-four (24) more months to hire the requisite number of employees if the director and the Chief Fiscal Officer of the State agree. (ii) In the event that a business fails to notify the department that the number of net new full-time permanent employees has fallen below the required number to continue to receive benefits under a financial incentive plan, that business will be liable for the repayment of all benefits which were paid to the business after it no longer qualified for the benefits. Interest shall also be due at the rate of ten percent (10%) per annum;

(i) In the event that the requisite number of net new full-time permanent employees cannot be employed within the twenty-four-month period, the business can file a written application with the commission explaining why additional time is necessary. The business can be afforded up to twenty-four (24) more months to hire the requisite number of employees if the director and the Chief Fiscal Officer of the State agree.

(ii) In the event that a business fails to notify the department that the number of net new full-time permanent employees has fallen below the required number to continue to receive benefits under a financial incentive plan, that business will be liable for the repayment of all benefits which were paid to the business after it no longer qualified for the benefits. Interest shall also be due at the rate of ten percent (10%) per annum;

(4) (A) The financial benefits received by a business shall be used in accordance with the financial incentive plan entered into with the commission. (B) (i) Financial incentive plans shall designate how the funds are to be used by the business. (ii) A financial incentive plan may designate funds for employee training, infrastructure, or other purposes agreed to by the business and the director; and

(A) The financial benefits received by a business shall be used in accordance with the financial incentive plan entered into with the commission.

(B) (i) Financial incentive plans shall designate how the funds are to be used by the business. (ii) A financial incentive plan may designate funds for employee training, infrastructure, or other purposes agreed to by the business and the director; and

(i) Financial incentive plans shall designate how the funds are to be used by the business.

(ii) A financial incentive plan may designate funds for employee training, infrastructure, or other purposes agreed to by the business and the director; and

(5) Recipients of benefits under this subchapter are precluded from receiving benefits under the Arkansas Economic Development Act of 1995, § 15-4-1901 et seq.

Amended by Act 2019, No. 910,§ 370, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 369, eff. 7/1/2019.

Amended by Act 2017, No. 374,§ 7, eff. 8/1/2017.

Acts 1993, No. 788, § 6; 1993, No. 851, § 6; 1995, No. 820, § 1; 1997, No. 807, § 22; 1999, No. 584, § 5; 2001, No. 737, § 4.
Ark. Code Ann. § 15-24-104 — AR Code / Title 15 / Chapter 24 / Section 15-24-104
Rights of levee districts and drainage districts
Status: in_force

(a) The following rights of any and all levee districts or drainage districts are expressly declared, ratified, and confirmed: (1) The right to make compacts and contracts with the United States Government or with any agency of the United States Government or created by the United States Government, to borrow money and repay it, and to accept and receive any and all federal moneys, grants, contributions, gratuities, or loans, or aid of any nature made available by the United States Government or by any of its agencies or instrumentalities; and (2) The right of any and all levee districts or drainage districts to refinance their indebtedness in cooperation with any and all applicable governmental agencies and the right to proceed in pursuance of any insolvency statute or bankruptcy act adopted by the United States Congress or by the State of Arkansas. (b) (1) Nothing in this chapter shall be construed to require the Arkansas Natural Resources Commission to approve or pass upon any such proceedings or bankruptcy or insolvency proceedings or litigation of any nature affecting levee districts or drainage districts. (2) Each and every drainage district or levee district may proceed with any and all refinancing and refunding plans, insolvency and bankruptcy proceedings, or either, and any and all litigation with like effect as if the commission had not been created. Acts 1937, No. 212, § 12; Pope's Dig., § 12187; A.S.A. 1947, § 9-804.

(a) The following rights of any and all levee districts or drainage districts are expressly declared, ratified, and confirmed: (1) The right to make compacts and contracts with the United States Government or with any agency of the United States Government or created by the United States Government, to borrow money and repay it, and to accept and receive any and all federal moneys, grants, contributions, gratuities, or loans, or aid of any nature made available by the United States Government or by any of its agencies or instrumentalities; and (2) The right of any and all levee districts or drainage districts to refinance their indebtedness in cooperation with any and all applicable governmental agencies and the right to proceed in pursuance of any insolvency statute or bankruptcy act adopted by the United States Congress or by the State of Arkansas.

(1) The right to make compacts and contracts with the United States Government or with any agency of the United States Government or created by the United States Government, to borrow money and repay it, and to accept and receive any and all federal moneys, grants, contributions, gratuities, or loans, or aid of any nature made available by the United States Government or by any of its agencies or instrumentalities; and

(2) The right of any and all levee districts or drainage districts to refinance their indebtedness in cooperation with any and all applicable governmental agencies and the right to proceed in pursuance of any insolvency statute or bankruptcy act adopted by the United States Congress or by the State of Arkansas.

(b) (1) Nothing in this chapter shall be construed to require the Arkansas Natural Resources Commission to approve or pass upon any such proceedings or bankruptcy or insolvency proceedings or litigation of any nature affecting levee districts or drainage districts. (2) Each and every drainage district or levee district may proceed with any and all refinancing and refunding plans, insolvency and bankruptcy proceedings, or either, and any and all litigation with like effect as if the commission had not been created.

(1) Nothing in this chapter shall be construed to require the Arkansas Natural Resources Commission to approve or pass upon any such proceedings or bankruptcy or insolvency proceedings or litigation of any nature affecting levee districts or drainage districts.

(2) Each and every drainage district or levee district may proceed with any and all refinancing and refunding plans, insolvency and bankruptcy proceedings, or either, and any and all litigation with like effect as if the commission had not been created.

Acts 1937, No. 212, § 12; Pope's Dig., § 12187; A.S.A. 1947, § 9-804.
Ark. Code Ann. § 15-23-102 — AR Code / Title 15 / Chapter 23 / Subchapter 1 / Section 15-23-102
Mulberry River
Status: in_force

(a) (1) The Mulberry River, from confluence with the Arkansas River, Section 12, Township 9 North, Range 29 West, upstream to headwaters west of Salus, North Line of Section 32, Township 13 North, Range 23 West, is declared to be a scenic river of the State of Arkansas. (2) It shall be unlawful to construct a permanent dam that would impound waters in the principal bed of the segment of the Mulberry River described in this subsection. (b) The Arkansas Natural and Scenic Rivers System Act, § 15-23-301 et seq., shall not apply to the Mulberry River. Acts 1985, No. 1086, §§ 1, 2.

(a) (1) The Mulberry River, from confluence with the Arkansas River, Section 12, Township 9 North, Range 29 West, upstream to headwaters west of Salus, North Line of Section 32, Township 13 North, Range 23 West, is declared to be a scenic river of the State of Arkansas. (2) It shall be unlawful to construct a permanent dam that would impound waters in the principal bed of the segment of the Mulberry River described in this subsection.

(1) The Mulberry River, from confluence with the Arkansas River, Section 12, Township 9 North, Range 29 West, upstream to headwaters west of Salus, North Line of Section 32, Township 13 North, Range 23 West, is declared to be a scenic river of the State of Arkansas.

(2) It shall be unlawful to construct a permanent dam that would impound waters in the principal bed of the segment of the Mulberry River described in this subsection.

(b) The Arkansas Natural and Scenic Rivers System Act, § 15-23-301 et seq., shall not apply to the Mulberry River.

Acts 1985, No. 1086, §§ 1, 2.
Ark. Code Ann. § 15-75-318 — AR Code / Title 15 / Chapter 75 / Subchapter 3 / Section 15-75-318
Fees - Times payable
Status: in_force

(a) All fees for permits as classified in §§ 15-75-307 - 15-75-316 are payable on or before January 1 each year. (b) All fees for inspection must be paid not later than thirty (30) days after inspections are made. Acts 1965, No. 31, § 24; A.S.A. 1947, § 53-723.

(a) All fees for permits as classified in §§ 15-75-307 - 15-75-316 are payable on or before January 1 each year.

(b) All fees for inspection must be paid not later than thirty (30) days after inspections are made.

Acts 1965, No. 31, § 24; A.S.A. 1947, § 53-723.
Ark. Code Ann. § 15-3-112 — AR Code / Title 15 / Chapter 3 / Subchapter 1 / Section 15-3-112
Prohibition on personal interest in contracts
Status: in_force

(a) No director, officer, or employee of the Division of Science and Technology of the Arkansas Economic Development Commission or of the Board of Directors of the Division of Science and Technology of the Arkansas Economic Development Commission, for purpose of personal gain, shall have or attempt to have, directly or indirectly, any interest in any contract or agreement of the division in connection with the qualified investments or other programs of the division. (b) The Director of the Arkansas Economic Development Commission shall not invest, pursuant to § 15-3-122 , in any qualified security of: (1) Any enterprise that is owned, wholly or partially, directly or indirectly, by any director or officer of the division; or (2) Any enterprise that employs a director of the division. (c) It shall not be a violation of this section for the Director of the Arkansas Economic Development Commission to permit any college, university, or other nonprofit institution with which a director is affiliated to participate in any program of the division, provided that the director shall promptly disclose the nature of the affiliation to the board. (d) (1) It shall not be a violation of this section for the Director of the Arkansas Economic Development Commission to permit a manufacturer or other for-profit entity with which a director is affiliated to pay to the division fees for services and receive, in return for those fees, services: (A) That are generally available to all manufacturers or other for-profit entities; and (B) That are not available to the manufacturer or other for-profit entity solely due to its affiliation with a director. (2) (A) A director affiliated with a manufacturer or other for-profit entity that enters into a contract or an agreement pursuant to subdivision (d)(1) of this section shall disclose the contract or agreement in writing to the Director of the Arkansas Economic Development Commission. (B) The Director of the Arkansas Economic Development Commission shall inform the board of the contract or agreement at its next regularly scheduled meeting and attach a copy of the written disclosure to the minutes of that meeting. Amended by Act 2019, No. 910,§ 343, eff. 7/1/2019. Amended by Act 2015EX1, No. 8,§ 76, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 76, eff. 7/1/2015. Acts 1983, No. 859, § 17; 1985, No. 409, § 15; A.S.A. 1947, § 6-1617; Acts 2007, No. 988, § 2.

(a) No director, officer, or employee of the Division of Science and Technology of the Arkansas Economic Development Commission or of the Board of Directors of the Division of Science and Technology of the Arkansas Economic Development Commission, for purpose of personal gain, shall have or attempt to have, directly or indirectly, any interest in any contract or agreement of the division in connection with the qualified investments or other programs of the division.

(b) The Director of the Arkansas Economic Development Commission shall not invest, pursuant to § 15-3-122 , in any qualified security of: (1) Any enterprise that is owned, wholly or partially, directly or indirectly, by any director or officer of the division; or (2) Any enterprise that employs a director of the division.

(1) Any enterprise that is owned, wholly or partially, directly or indirectly, by any director or officer of the division; or

(2) Any enterprise that employs a director of the division.

(c) It shall not be a violation of this section for the Director of the Arkansas Economic Development Commission to permit any college, university, or other nonprofit institution with which a director is affiliated to participate in any program of the division, provided that the director shall promptly disclose the nature of the affiliation to the board.

(d) (1) It shall not be a violation of this section for the Director of the Arkansas Economic Development Commission to permit a manufacturer or other for-profit entity with which a director is affiliated to pay to the division fees for services and receive, in return for those fees, services: (A) That are generally available to all manufacturers or other for-profit entities; and (B) That are not available to the manufacturer or other for-profit entity solely due to its affiliation with a director. (2) (A) A director affiliated with a manufacturer or other for-profit entity that enters into a contract or an agreement pursuant to subdivision (d)(1) of this section shall disclose the contract or agreement in writing to the Director of the Arkansas Economic Development Commission. (B) The Director of the Arkansas Economic Development Commission shall inform the board of the contract or agreement at its next regularly scheduled meeting and attach a copy of the written disclosure to the minutes of that meeting.

(1) It shall not be a violation of this section for the Director of the Arkansas Economic Development Commission to permit a manufacturer or other for-profit entity with which a director is affiliated to pay to the division fees for services and receive, in return for those fees, services: (A) That are generally available to all manufacturers or other for-profit entities; and (B) That are not available to the manufacturer or other for-profit entity solely due to its affiliation with a director.

(A) That are generally available to all manufacturers or other for-profit entities; and

(B) That are not available to the manufacturer or other for-profit entity solely due to its affiliation with a director.

(2) (A) A director affiliated with a manufacturer or other for-profit entity that enters into a contract or an agreement pursuant to subdivision (d)(1) of this section shall disclose the contract or agreement in writing to the Director of the Arkansas Economic Development Commission. (B) The Director of the Arkansas Economic Development Commission shall inform the board of the contract or agreement at its next regularly scheduled meeting and attach a copy of the written disclosure to the minutes of that meeting.

(A) A director affiliated with a manufacturer or other for-profit entity that enters into a contract or an agreement pursuant to subdivision (d)(1) of this section shall disclose the contract or agreement in writing to the Director of the Arkansas Economic Development Commission.

(B) The Director of the Arkansas Economic Development Commission shall inform the board of the contract or agreement at its next regularly scheduled meeting and attach a copy of the written disclosure to the minutes of that meeting.

Amended by Act 2019, No. 910,§ 343, eff. 7/1/2019.

Amended by Act 2015EX1, No. 8,§ 76, eff. 7/1/2015.

Amended by Act 2015EX1, No. 7,§ 76, eff. 7/1/2015.

Acts 1983, No. 859, § 17; 1985, No. 409, § 15; A.S.A. 1947, § 6-1617; Acts 2007, No. 988, § 2.
Ark. Code Ann. § 15-4-303 — AR Code / Title 15 / Chapter 4 / Subchapter 3 / Section 15-4-303
Definitions
Status: in_force

As used in this subchapter: (1) (A) "Exempt" means goods and services classified as exempt for the purpose of administering this subchapter. (B) The classification shall be determined by the Office of State Procurement and the Division of Minority and Women-owned Business Enterprise of the Arkansas Economic Development Commission and submitted to the Arkansas Economic Development Council for its review and consideration for the purposes of this subchapter; (2) "Minority" means a lawful permanent resident of this state who is: (A) African American; (B) Hispanic American; (C) American Indian; (D) Asian American; (E) Pacific Islander American; or (F) A service-disabled veteran as designated by the United States Department of Veterans Affairs; (3) "Minority and women-owned business officer" means the individual within each state agency with the responsibility for carrying out the intended purposes of this subchapter; (4) "Minority business enterprise" means a business that is at least fifty-one percent (51%) owned by one (1) or more minority persons as defined in this section; (5) (A) "Nonexempt" means goods and services classified as nonexempt for the purpose of administering this subchapter. (B) The classification shall be determined by the Office of State Procurement and the division and submitted to the council for its review and consideration for the purposes of this subchapter; (6) "Procurement" means buying, purchasing, renting, leasing, or otherwise acquiring any goods or services; (7) "State agency" means a department, an office, a board, a commission, or an institution of this state, including a state-supported institution of higher education; (8) "State contract" means a state agreement, regardless of what it may be called, for the purchase of commodities and services and for the disposal of surplus commodities and services not otherwise exempt; and (9) "Women-owned business enterprise" means a business that is at least fifty-one percent (51%) owned by one (1) or more women who are lawful permanent residents of this state. Amended by Act 2017, No. 1080,§ 1, eff. 8/1/2017. Acts 1977, No. 544, § 5; A.S.A. 1947, § 5-916.6; Acts 2003, No. 1814, § 2; 2009, No. 1222, § 3; 2011, No. 893, § 1.

As used in this subchapter:

(1) (A) "Exempt" means goods and services classified as exempt for the purpose of administering this subchapter. (B) The classification shall be determined by the Office of State Procurement and the Division of Minority and Women-owned Business Enterprise of the Arkansas Economic Development Commission and submitted to the Arkansas Economic Development Council for its review and consideration for the purposes of this subchapter;

(A) "Exempt" means goods and services classified as exempt for the purpose of administering this subchapter.

(B) The classification shall be determined by the Office of State Procurement and the Division of Minority and Women-owned Business Enterprise of the Arkansas Economic Development Commission and submitted to the Arkansas Economic Development Council for its review and consideration for the purposes of this subchapter;

(2) "Minority" means a lawful permanent resident of this state who is: (A) African American; (B) Hispanic American; (C) American Indian; (D) Asian American; (E) Pacific Islander American; or (F) A service-disabled veteran as designated by the United States Department of Veterans Affairs;

(A) African American;

(B) Hispanic American;

(C) American Indian;

(D) Asian American;

(E) Pacific Islander American; or

(F) A service-disabled veteran as designated by the United States Department of Veterans Affairs;

(3) "Minority and women-owned business officer" means the individual within each state agency with the responsibility for carrying out the intended purposes of this subchapter;

(4) "Minority business enterprise" means a business that is at least fifty-one percent (51%) owned by one (1) or more minority persons as defined in this section;

(5) (A) "Nonexempt" means goods and services classified as nonexempt for the purpose of administering this subchapter. (B) The classification shall be determined by the Office of State Procurement and the division and submitted to the council for its review and consideration for the purposes of this subchapter;

(A) "Nonexempt" means goods and services classified as nonexempt for the purpose of administering this subchapter.

(B) The classification shall be determined by the Office of State Procurement and the division and submitted to the council for its review and consideration for the purposes of this subchapter;

(6) "Procurement" means buying, purchasing, renting, leasing, or otherwise acquiring any goods or services;

(7) "State agency" means a department, an office, a board, a commission, or an institution of this state, including a state-supported institution of higher education;

(8) "State contract" means a state agreement, regardless of what it may be called, for the purchase of commodities and services and for the disposal of surplus commodities and services not otherwise exempt; and

(9) "Women-owned business enterprise" means a business that is at least fifty-one percent (51%) owned by one (1) or more women who are lawful permanent residents of this state.

Amended by Act 2017, No. 1080,§ 1, eff. 8/1/2017.

Acts 1977, No. 544, § 5; A.S.A. 1947, § 5-916.6; Acts 2003, No. 1814, § 2; 2009, No. 1222, § 3; 2011, No. 893, § 1.
Ark. Code Ann. § 15-22-606 — AR Code / Title 15 / Chapter 22 / Subchapter 6 / Section 15-22-606
Bonds - Principal amount
Status: in_force

The total principal amount of bonds to be issued during any fiscal biennium shall not exceed fifteen million dollars ($15,000,000), unless the General Assembly by law shall have authorized a greater principal amount of bonds to be issued during a fiscal biennium. Acts 1981, No. 496, § 2; A.S.A. 1947, § 21-2302.

The total principal amount of bonds to be issued during any fiscal biennium shall not exceed fifteen million dollars ($15,000,000), unless the General Assembly by law shall have authorized a greater principal amount of bonds to be issued during a fiscal biennium.

Acts 1981, No. 496, § 2; A.S.A. 1947, § 21-2302.
Ark. Code Ann. § 15-55-202 — AR Code / Title 15 / Chapter 55 / Subchapter 2 / Section 15-55-202
Office - Staff
Status: in_force

(a) The Office of the State Geologist shall consist of the State Geologist and his or her staff. (b) The office shall be under the direct control and supervision of the Director of Production and Conservation. Amended by Act 2023, No. 697,§ 6, eff. 7/1/2023. Amended by Act 2023, No. 794,§ 23, eff. 4/12/2023. Acts 1963, No. 16, §§ 2-5; 1975 (Ex. Sess., 1976), No. 1035, § 1; A.S.A. 1947, §§ 6-616, 9-400.1 -- 9-400.4; reen. Acts 1987, No. 862, § 1; 1997, No. 250, § 111.

(a) The Office of the State Geologist shall consist of the State Geologist and his or her staff.

(b) The office shall be under the direct control and supervision of the Director of Production and Conservation.

Amended by Act 2023, No. 697,§ 6, eff. 7/1/2023.

Amended by Act 2023, No. 794,§ 23, eff. 4/12/2023.

Acts 1963, No. 16, §§ 2-5; 1975 (Ex. Sess., 1976), No. 1035, § 1; A.S.A. 1947, §§ 6-616, 9-400.1 -- 9-400.4; reen. Acts 1987, No. 862, § 1; 1997, No. 250, § 111.
Ark. Code Ann. § 15-22-223 — AR Code / Title 15 / Chapter 22 / Subchapter 2 / Section 15-22-223
Protection of service areas
Status: in_force

(a) It is unlawful for a person to provide water or wastewater services to an area where such services are being provided by the current provider that has pledged or utilizes revenue derived from services within the area to repay financial assistance provided by the Arkansas Natural Resources Commission, unless approval for such activity has been given by the commission and the new provider has received approval under the Arkansas Water Plan established in § 15-22-503 , if applicable. (b) (1) As a condition of its approval, the commission may require the payment of an equitable portion of the outstanding financial assistance provided. (2) (A) Any payment made shall reduce the outstanding balance of the financial assistance provided by the commission to the current provider. (B) To determine the amount of payment, the commission shall base its approval on the following factors: (i) The impact of the transfer of the area on the current provider's existing indebtedness and its ability to repay the debt; (ii) The value, including depreciation, of the current provider's facilities in the area to be transferred; (iii) The amount of any expenditures by the current provider for planning, design, or construction of service facilities outside the area, including without limitation treatment, transmission, and storage facilities, that are directly and reasonably allocable to the area to be transferred; (iv) Any demonstrated impairment of service or increase in cost, including without limitation operation and maintenance, to consumers of the current provider remaining after the transfer of the area; (v) The impact of future lost revenues from the current provider's existing consumers in the area to be transferred, but only until the indebtedness is retired; (vi) Necessary and reasonable legal expenses and professional fees; and (vii) Other relevant factors as determined by the commission. (3) Upon enactment of this section, financial assistance provided by the commission for potable water or wastewater projects shall be provided only to: (A) The state, counties, cities, towns, or their agencies or instrumentalities; and (B) Nonprofit corporations existing on August 1, 1997. (c) The commission or other parties may institute a civil action in the circuit court of the county where the unlawful activities have or will likely occur to: (1) Restrain such activities; (2) Compel compliance with the provisions of this section; and (3) Recover all costs and expenses incurred as a result of violations of this section. (d) Nothing in this subchapter limits the applicable federal law. (e) (1) The state may require that if a borrower of water loans or wastewater loans is able to refinance the amount of the indebtedness to any government lender then outstanding, in whole or in part, by obtaining a loan for the same purpose from a responsible cooperative or private source at a reasonable rate and under reasonable terms for similar loans, then the borrower shall: (A) Apply for and accept the loan in sufficient amount to repay the government lender; and (B) Take all actions required in connection with the loan. (2) Subdivision (e)(1) of this section shall also apply if a borrower seeks financing from the state for any water project or wastewater project that is not currently funded by a government lender. Acts 1997, No. 698, § 1; 2007, No. 691, § 1; 2009, No. 779, § 2.

(a) It is unlawful for a person to provide water or wastewater services to an area where such services are being provided by the current provider that has pledged or utilizes revenue derived from services within the area to repay financial assistance provided by the Arkansas Natural Resources Commission, unless approval for such activity has been given by the commission and the new provider has received approval under the Arkansas Water Plan established in § 15-22-503 , if applicable.

(b) (1) As a condition of its approval, the commission may require the payment of an equitable portion of the outstanding financial assistance provided. (2) (A) Any payment made shall reduce the outstanding balance of the financial assistance provided by the commission to the current provider. (B) To determine the amount of payment, the commission shall base its approval on the following factors: (i) The impact of the transfer of the area on the current provider's existing indebtedness and its ability to repay the debt; (ii) The value, including depreciation, of the current provider's facilities in the area to be transferred; (iii) The amount of any expenditures by the current provider for planning, design, or construction of service facilities outside the area, including without limitation treatment, transmission, and storage facilities, that are directly and reasonably allocable to the area to be transferred; (iv) Any demonstrated impairment of service or increase in cost, including without limitation operation and maintenance, to consumers of the current provider remaining after the transfer of the area; (v) The impact of future lost revenues from the current provider's existing consumers in the area to be transferred, but only until the indebtedness is retired; (vi) Necessary and reasonable legal expenses and professional fees; and (vii) Other relevant factors as determined by the commission. (3) Upon enactment of this section, financial assistance provided by the commission for potable water or wastewater projects shall be provided only to: (A) The state, counties, cities, towns, or their agencies or instrumentalities; and (B) Nonprofit corporations existing on August 1, 1997.

(1) As a condition of its approval, the commission may require the payment of an equitable portion of the outstanding financial assistance provided.

(2) (A) Any payment made shall reduce the outstanding balance of the financial assistance provided by the commission to the current provider. (B) To determine the amount of payment, the commission shall base its approval on the following factors: (i) The impact of the transfer of the area on the current provider's existing indebtedness and its ability to repay the debt; (ii) The value, including depreciation, of the current provider's facilities in the area to be transferred; (iii) The amount of any expenditures by the current provider for planning, design, or construction of service facilities outside the area, including without limitation treatment, transmission, and storage facilities, that are directly and reasonably allocable to the area to be transferred; (iv) Any demonstrated impairment of service or increase in cost, including without limitation operation and maintenance, to consumers of the current provider remaining after the transfer of the area; (v) The impact of future lost revenues from the current provider's existing consumers in the area to be transferred, but only until the indebtedness is retired; (vi) Necessary and reasonable legal expenses and professional fees; and (vii) Other relevant factors as determined by the commission.

(A) Any payment made shall reduce the outstanding balance of the financial assistance provided by the commission to the current provider.

(B) To determine the amount of payment, the commission shall base its approval on the following factors: (i) The impact of the transfer of the area on the current provider's existing indebtedness and its ability to repay the debt; (ii) The value, including depreciation, of the current provider's facilities in the area to be transferred; (iii) The amount of any expenditures by the current provider for planning, design, or construction of service facilities outside the area, including without limitation treatment, transmission, and storage facilities, that are directly and reasonably allocable to the area to be transferred; (iv) Any demonstrated impairment of service or increase in cost, including without limitation operation and maintenance, to consumers of the current provider remaining after the transfer of the area; (v) The impact of future lost revenues from the current provider's existing consumers in the area to be transferred, but only until the indebtedness is retired; (vi) Necessary and reasonable legal expenses and professional fees; and (vii) Other relevant factors as determined by the commission.

(i) The impact of the transfer of the area on the current provider's existing indebtedness and its ability to repay the debt;

(ii) The value, including depreciation, of the current provider's facilities in the area to be transferred;

(iii) The amount of any expenditures by the current provider for planning, design, or construction of service facilities outside the area, including without limitation treatment, transmission, and storage facilities, that are directly and reasonably allocable to the area to be transferred;

(iv) Any demonstrated impairment of service or increase in cost, including without limitation operation and maintenance, to consumers of the current provider remaining after the transfer of the area;

(v) The impact of future lost revenues from the current provider's existing consumers in the area to be transferred, but only until the indebtedness is retired;

(vi) Necessary and reasonable legal expenses and professional fees; and

(vii) Other relevant factors as determined by the commission.

(3) Upon enactment of this section, financial assistance provided by the commission for potable water or wastewater projects shall be provided only to: (A) The state, counties, cities, towns, or their agencies or instrumentalities; and (B) Nonprofit corporations existing on August 1, 1997.

(A) The state, counties, cities, towns, or their agencies or instrumentalities; and

(B) Nonprofit corporations existing on August 1, 1997.

(c) The commission or other parties may institute a civil action in the circuit court of the county where the unlawful activities have or will likely occur to: (1) Restrain such activities; (2) Compel compliance with the provisions of this section; and (3) Recover all costs and expenses incurred as a result of violations of this section.

(1) Restrain such activities;

(2) Compel compliance with the provisions of this section; and

(3) Recover all costs and expenses incurred as a result of violations of this section.

(d) Nothing in this subchapter limits the applicable federal law.

(e) (1) The state may require that if a borrower of water loans or wastewater loans is able to refinance the amount of the indebtedness to any government lender then outstanding, in whole or in part, by obtaining a loan for the same purpose from a responsible cooperative or private source at a reasonable rate and under reasonable terms for similar loans, then the borrower shall: (A) Apply for and accept the loan in sufficient amount to repay the government lender; and (B) Take all actions required in connection with the loan. (2) Subdivision (e)(1) of this section shall also apply if a borrower seeks financing from the state for any water project or wastewater project that is not currently funded by a government lender.

(1) The state may require that if a borrower of water loans or wastewater loans is able to refinance the amount of the indebtedness to any government lender then outstanding, in whole or in part, by obtaining a loan for the same purpose from a responsible cooperative or private source at a reasonable rate and under reasonable terms for similar loans, then the borrower shall: (A) Apply for and accept the loan in sufficient amount to repay the government lender; and (B) Take all actions required in connection with the loan.

(A) Apply for and accept the loan in sufficient amount to repay the government lender; and

(B) Take all actions required in connection with the loan.

(2) Subdivision (e)(1) of this section shall also apply if a borrower seeks financing from the state for any water project or wastewater project that is not currently funded by a government lender.

Acts 1997, No. 698, § 1; 2007, No. 691, § 1; 2009, No. 779, § 2.
Ark. Code Ann. § 15-4-513 — AR Code / Title 15 / Chapter 4 / Subchapter 5 / Section 15-4-513
Nonprofit operation - Payment of indebtedness
Status: in_force

(a) (1) Each corporation organized under the provisions of this act shall be operated without profit to its members. (2) All revenues of the corporation derived from lands subject to mortgage or deed of trust given to secure the payment of bonds or other obligations of the corporation shall be devoted: (A) First to the payment of taxes, insurance, and, in the instance of damage to the mortgaged property of the corporation caused by acts of God, to the extent of the amount in excess of insurance recovery as shall be required to restore the property to its condition prior to the time of the damage; (B) Then to the payment of interest on and principal of the bonds or other obligations of the corporation secured by the mortgage or deed of trust as they mature and according to the terms of the mortgage or deed of trust; and (C) Thereafter to the encouragement and promotion of the economic, agricultural, and industrial development of its city, town, or county. (b) However, revenues of the corporation may be used also to refund the amounts paid by members of the corporation, as evidenced by its register of membership certificates, and the refunds may be made concurrently with the payment of bonds or other obligations of the corporation. (c) Notwithstanding the fact that refunds from time to time may be made as provided in subsection (b) of this section, no prior legal right to such revenues of the corporation shall ever attach for the purpose of making refunds on membership certificates so long as any bonds or other obligations of the corporation remain outstanding. Acts 1955, No. 404, § 22; 1957, No. 47, § 2; A.S.A. 1947, § 9-525; Acts 2001, No. 620, § 4.

(a) (1) Each corporation organized under the provisions of this act shall be operated without profit to its members. (2) All revenues of the corporation derived from lands subject to mortgage or deed of trust given to secure the payment of bonds or other obligations of the corporation shall be devoted: (A) First to the payment of taxes, insurance, and, in the instance of damage to the mortgaged property of the corporation caused by acts of God, to the extent of the amount in excess of insurance recovery as shall be required to restore the property to its condition prior to the time of the damage; (B) Then to the payment of interest on and principal of the bonds or other obligations of the corporation secured by the mortgage or deed of trust as they mature and according to the terms of the mortgage or deed of trust; and (C) Thereafter to the encouragement and promotion of the economic, agricultural, and industrial development of its city, town, or county.

(1) Each corporation organized under the provisions of this act shall be operated without profit to its members.

(2) All revenues of the corporation derived from lands subject to mortgage or deed of trust given to secure the payment of bonds or other obligations of the corporation shall be devoted: (A) First to the payment of taxes, insurance, and, in the instance of damage to the mortgaged property of the corporation caused by acts of God, to the extent of the amount in excess of insurance recovery as shall be required to restore the property to its condition prior to the time of the damage; (B) Then to the payment of interest on and principal of the bonds or other obligations of the corporation secured by the mortgage or deed of trust as they mature and according to the terms of the mortgage or deed of trust; and (C) Thereafter to the encouragement and promotion of the economic, agricultural, and industrial development of its city, town, or county.

(A) First to the payment of taxes, insurance, and, in the instance of damage to the mortgaged property of the corporation caused by acts of God, to the extent of the amount in excess of insurance recovery as shall be required to restore the property to its condition prior to the time of the damage;

(B) Then to the payment of interest on and principal of the bonds or other obligations of the corporation secured by the mortgage or deed of trust as they mature and according to the terms of the mortgage or deed of trust; and

(C) Thereafter to the encouragement and promotion of the economic, agricultural, and industrial development of its city, town, or county.

(b) However, revenues of the corporation may be used also to refund the amounts paid by members of the corporation, as evidenced by its register of membership certificates, and the refunds may be made concurrently with the payment of bonds or other obligations of the corporation.

(c) Notwithstanding the fact that refunds from time to time may be made as provided in subsection (b) of this section, no prior legal right to such revenues of the corporation shall ever attach for the purpose of making refunds on membership certificates so long as any bonds or other obligations of the corporation remain outstanding.

Acts 1955, No. 404, § 22; 1957, No. 47, § 2; A.S.A. 1947, § 9-525; Acts 2001, No. 620, § 4.
Ark. Code Ann. § 15-24-109 — AR Code / Title 15 / Chapter 24 / Section 15-24-109
Accreditation of floodplain administrators
Status: in_force

(a) (1) In determining accreditation standards for floodplain administrators, the Arkansas Natural Resources Commission may consider an applicant's knowledge, experience, skills, and training in floodplain management and in minimization and prevention of flood hazards and losses. (2) The accreditation standards may include: (A) Passage of an examination; (B) Completion of approved training; or (C) Certification by a nationally recognized floodplain management organization. (b) Continuing training may be required for persons who want continued accreditation. (c) The commission may charge accreditation fees in amounts up to the following: (1) Original accreditation, thirty dollars ($30.00); (2) Annual renewal of accreditation, twenty dollars ($20.00); and (3) Late fee for renewal after thirty (30) days, fifteen dollars ($15.00). (d) (1) Accreditation fees collected are cash funds and shall not be deposited into the State Treasury. (2) The cash funds shall be held and applied by the commission solely for the uses under this chapter. (3) The cash funds shall not be deemed to be a part of the State Treasury for any purpose, including, without limitation, the provisions of: (1) Arkansas Constitution, Article 5, § 29; (2) Arkansas Constitution, Article 16, § 12; (3) Arkansas Constitution, Amendment 20; or (4) Any other constitutional or statutory provision. Acts 2003, No. 745, § 5.

(a) (1) In determining accreditation standards for floodplain administrators, the Arkansas Natural Resources Commission may consider an applicant's knowledge, experience, skills, and training in floodplain management and in minimization and prevention of flood hazards and losses. (2) The accreditation standards may include: (A) Passage of an examination; (B) Completion of approved training; or (C) Certification by a nationally recognized floodplain management organization.

(1) In determining accreditation standards for floodplain administrators, the Arkansas Natural Resources Commission may consider an applicant's knowledge, experience, skills, and training in floodplain management and in minimization and prevention of flood hazards and losses.

(2) The accreditation standards may include: (A) Passage of an examination; (B) Completion of approved training; or (C) Certification by a nationally recognized floodplain management organization.

(A) Passage of an examination;

(B) Completion of approved training; or

(C) Certification by a nationally recognized floodplain management organization.

(b) Continuing training may be required for persons who want continued accreditation.

(c) The commission may charge accreditation fees in amounts up to the following: (1) Original accreditation, thirty dollars ($30.00); (2) Annual renewal of accreditation, twenty dollars ($20.00); and (3) Late fee for renewal after thirty (30) days, fifteen dollars ($15.00).

(1) Original accreditation, thirty dollars ($30.00);

(2) Annual renewal of accreditation, twenty dollars ($20.00); and

(3) Late fee for renewal after thirty (30) days, fifteen dollars ($15.00).

(d) (1) Accreditation fees collected are cash funds and shall not be deposited into the State Treasury. (2) The cash funds shall be held and applied by the commission solely for the uses under this chapter. (3) The cash funds shall not be deemed to be a part of the State Treasury for any purpose, including, without limitation, the provisions of: (1) Arkansas Constitution, Article 5, § 29; (2) Arkansas Constitution, Article 16, § 12; (3) Arkansas Constitution, Amendment 20; or (4) Any other constitutional or statutory provision.

(1) Accreditation fees collected are cash funds and shall not be deposited into the State Treasury.

(2) The cash funds shall be held and applied by the commission solely for the uses under this chapter.

(3) The cash funds shall not be deemed to be a part of the State Treasury for any purpose, including, without limitation, the provisions of: (1) Arkansas Constitution, Article 5, § 29; (2) Arkansas Constitution, Article 16, § 12; (3) Arkansas Constitution, Amendment 20; or (4) Any other constitutional or statutory provision.

(1) Arkansas Constitution, Article 5, § 29;

(2) Arkansas Constitution, Article 16, § 12;

(3) Arkansas Constitution, Amendment 20; or

(4) Any other constitutional or statutory provision.

Acts 2003, No. 745, § 5.
Ark. Code Ann. § 15-32-301 — AR Code / Title 15 / Chapter 32 / Subchapter 3 / Section 15-32-301
Liability for unlawfully cutting, etc
Status: in_force

(a) Any person who shall knowingly cut down, destroy, or carry away any tree, timber, lumber, staves, or shingles made therefrom, contrary to this subchapter, any person who shall aid and abet or assist any other person in so doing, and any person who shall purchase or receive any trees, timber, lumber, staves, or shingles knowing them to have been cut contrary to the provisions of this subchapter shall be jointly and severally liable to the owner in double the value thereof, to be recovered by action at law in the name of the state in case those items should be cut from the lands of the state or in the name of the corporation or person owning the land in case those items shall be so cut from other lands. (b) A violation of any of the provisions of this subchapter shall be grounds for an attachment against the property of the persons who shall be guilty of the violation, to be issued in the same manner as attachments in other civil actions. Acts 1883, No. 83, § 6, p. 140; C. & M. Dig., § 7004; Pope's Dig., § 8984; A.S.A. 1947, § 54-203.

(a) Any person who shall knowingly cut down, destroy, or carry away any tree, timber, lumber, staves, or shingles made therefrom, contrary to this subchapter, any person who shall aid and abet or assist any other person in so doing, and any person who shall purchase or receive any trees, timber, lumber, staves, or shingles knowing them to have been cut contrary to the provisions of this subchapter shall be jointly and severally liable to the owner in double the value thereof, to be recovered by action at law in the name of the state in case those items should be cut from the lands of the state or in the name of the corporation or person owning the land in case those items shall be so cut from other lands.

(b) A violation of any of the provisions of this subchapter shall be grounds for an attachment against the property of the persons who shall be guilty of the violation, to be issued in the same manner as attachments in other civil actions.

Acts 1883, No. 83, § 6, p. 140; C. & M. Dig., § 7004; Pope's Dig., § 8984; A.S.A. 1947, § 54-203.
Ark. Code Ann. § 15-43-104 — AR Code / Title 15 / Chapter 43 / Subchapter 1 / Section 15-43-104
Game and fish as state property
Status: in_force

All game and fish except fish in private ponds found in the limits of this state are declared to be the property of this state. The hunting, killing, and catching of the game and fish are declared to be privileges. Acts 1893, No. 180, § 1, p. 328; C. & M. Dig., § 4753; Pope's Dig., § 5835; A.S.A. 1947, § 47-501.

All game and fish except fish in private ponds found in the limits of this state are declared to be the property of this state. The hunting, killing, and catching of the game and fish are declared to be privileges.

Acts 1893, No. 180, § 1, p. 328; C. & M. Dig., § 4753; Pope's Dig., § 5835; A.S.A. 1947, § 47-501.
Ark. Code Ann. § 15-20-1323 — AR Code / Title 15 / Chapter 20 / Subchapter 13 / Section 15-20-1323
Construction of subchapter
Status: in_force

(a) This subchapter shall be liberally construed to accomplish its purposes. This subchapter shall constitute the sole authority necessary to accomplish the purposes hereof, and to this end it shall not be necessary that the provisions of other laws pertaining to the development of public facilities and properties and the financing thereof be complied with. (b) This subchapter shall be interpreted to supplement existing laws conferring rights and powers upon the Arkansas Natural Resources Commission, and the rights and powers set forth in this subchapter shall be regarded as alternate methods for the accomplishment of the purposes of this subchapter. (c) Nothing set forth in this subchapter repeals or reduces the powers conferred by the prior act. Acts 2007, No. 631, § 1.

(a) This subchapter shall be liberally construed to accomplish its purposes. This subchapter shall constitute the sole authority necessary to accomplish the purposes hereof, and to this end it shall not be necessary that the provisions of other laws pertaining to the development of public facilities and properties and the financing thereof be complied with.

(b) This subchapter shall be interpreted to supplement existing laws conferring rights and powers upon the Arkansas Natural Resources Commission, and the rights and powers set forth in this subchapter shall be regarded as alternate methods for the accomplishment of the purposes of this subchapter.

(c) Nothing set forth in this subchapter repeals or reduces the powers conferred by the prior act.

Acts 2007, No. 631, § 1.
Ark. Code Ann. § 15-4-908 — AR Code / Title 15 / Chapter 4 / Subchapter 9 / Section 15-4-908
[Repealed]
Status: repealed

Repealed by Act 2017, No. 426,§ 3, eff. 8/1/2017. Acts 1957, No. 567, § 4; A.S.A. 1947, § 67-1604.

Repealed by Act 2017, No. 426,§ 3, eff. 8/1/2017.

Acts 1957, No. 567, § 4; A.S.A. 1947, § 67-1604.
Ark. Code Ann. § 15-4-708 — AR Code / Title 15 / Chapter 4 / Subchapter 7 / Section 15-4-708
Sale of bonds
Status: in_force

(a) The bonds shall be sold at public sale on sealed bids. (b) Notice of the sale shall be published one (1) time a week for three (3) consecutive weeks in a newspaper published in the City of Little Rock and having a general circulation throughout the State of Arkansas, with the first publication to be at least twenty (20) days prior to the date of sale. (c) The award, if made, shall be to the bidder whose bid results in the lowest net interest cost, determined by computing the aggregate interest cost at the rate bid and deducting any premium or adding the amount of any discount. Acts 1969, No. 397, § 1; 1971, No. 209, § 2; 1981, No. 259, § 2; A.S.A. 1947, § 9-567.

(a) The bonds shall be sold at public sale on sealed bids.

(b) Notice of the sale shall be published one (1) time a week for three (3) consecutive weeks in a newspaper published in the City of Little Rock and having a general circulation throughout the State of Arkansas, with the first publication to be at least twenty (20) days prior to the date of sale.

(c) The award, if made, shall be to the bidder whose bid results in the lowest net interest cost, determined by computing the aggregate interest cost at the rate bid and deducting any premium or adding the amount of any discount.

Acts 1969, No. 397, § 1; 1971, No. 209, § 2; 1981, No. 259, § 2; A.S.A. 1947, § 9-567.
Ark. Code Ann. § 15-5-412 — AR Code / Title 15 / Chapter 5 / Subchapter 4 / Section 15-5-412
Guaranty agreement provision
Status: in_force

Guaranty agreements entered into by the Arkansas Development Finance Authority under the provisions of this subchapter with respect to qualified bonds issued on behalf of any borrower shall provide, among other things: (1) (A) That the authority guarantees and the authority is required to use the funds on deposit in the Bond Guaranty Reserve Account to meet amortization payments as guaranteed under this subchapter as the same become due, in the event and to the extent the borrower is unable to meet such payments in accordance with the terms of the bond indenture when called on to do so by the trustee of the bondholders. (B) Whenever the authority, acting under the terms of the guaranty agreement, deems it necessary to assume the obligation of maintenance of any project, the amortization payments of which the authority has guaranteed under the provisions of this subchapter, the authority may use funds on deposit in the account to pay insurance and maintenance costs required for the preparation of the same and to protect the account from loss or to minimize losses in such manner as deemed necessary and advisable by the authority; and (2) (A) That the guaranty shall not be a general obligation of the authority or of the State of Arkansas, but shall be a special obligation, and in no event shall the guaranty constitute an indebtedness of the authority or of the State of Arkansas within the meaning of any constitutional or statutory limitation. (B) Each guaranty agreement shall have plainly stated on the face of the agreement that the same has been entered into under the provisions of this subchapter, and that it does not constitute an indebtedness of the authority or of the State of Arkansas within any constitutional or statutory limitation, and that the full faith and credit of the State of Arkansas or any of its revenues are not pledged to meet any of the obligations of the authority under the guaranty agreement. (C) Each agreement shall state that the obligation of the authority under the guaranty shall be limited to the funds available in the account as authorized in this subchapter. Acts 1985, No. 340, § 9; 1985, No. 505, § 9; A.S.A. 1947, § 13-2932; Acts 1987, No. 1042, § 5; 1999, No. 429, § 7.

Guaranty agreements entered into by the Arkansas Development Finance Authority under the provisions of this subchapter with respect to qualified bonds issued on behalf of any borrower shall provide, among other things:

(1) (A) That the authority guarantees and the authority is required to use the funds on deposit in the Bond Guaranty Reserve Account to meet amortization payments as guaranteed under this subchapter as the same become due, in the event and to the extent the borrower is unable to meet such payments in accordance with the terms of the bond indenture when called on to do so by the trustee of the bondholders. (B) Whenever the authority, acting under the terms of the guaranty agreement, deems it necessary to assume the obligation of maintenance of any project, the amortization payments of which the authority has guaranteed under the provisions of this subchapter, the authority may use funds on deposit in the account to pay insurance and maintenance costs required for the preparation of the same and to protect the account from loss or to minimize losses in such manner as deemed necessary and advisable by the authority; and

(A) That the authority guarantees and the authority is required to use the funds on deposit in the Bond Guaranty Reserve Account to meet amortization payments as guaranteed under this subchapter as the same become due, in the event and to the extent the borrower is unable to meet such payments in accordance with the terms of the bond indenture when called on to do so by the trustee of the bondholders.

(B) Whenever the authority, acting under the terms of the guaranty agreement, deems it necessary to assume the obligation of maintenance of any project, the amortization payments of which the authority has guaranteed under the provisions of this subchapter, the authority may use funds on deposit in the account to pay insurance and maintenance costs required for the preparation of the same and to protect the account from loss or to minimize losses in such manner as deemed necessary and advisable by the authority; and

(2) (A) That the guaranty shall not be a general obligation of the authority or of the State of Arkansas, but shall be a special obligation, and in no event shall the guaranty constitute an indebtedness of the authority or of the State of Arkansas within the meaning of any constitutional or statutory limitation. (B) Each guaranty agreement shall have plainly stated on the face of the agreement that the same has been entered into under the provisions of this subchapter, and that it does not constitute an indebtedness of the authority or of the State of Arkansas within any constitutional or statutory limitation, and that the full faith and credit of the State of Arkansas or any of its revenues are not pledged to meet any of the obligations of the authority under the guaranty agreement. (C) Each agreement shall state that the obligation of the authority under the guaranty shall be limited to the funds available in the account as authorized in this subchapter.

(A) That the guaranty shall not be a general obligation of the authority or of the State of Arkansas, but shall be a special obligation, and in no event shall the guaranty constitute an indebtedness of the authority or of the State of Arkansas within the meaning of any constitutional or statutory limitation.

(B) Each guaranty agreement shall have plainly stated on the face of the agreement that the same has been entered into under the provisions of this subchapter, and that it does not constitute an indebtedness of the authority or of the State of Arkansas within any constitutional or statutory limitation, and that the full faith and credit of the State of Arkansas or any of its revenues are not pledged to meet any of the obligations of the authority under the guaranty agreement.

(C) Each agreement shall state that the obligation of the authority under the guaranty shall be limited to the funds available in the account as authorized in this subchapter.

Acts 1985, No. 340, § 9; 1985, No. 505, § 9; A.S.A. 1947, § 13-2932; Acts 1987, No. 1042, § 5; 1999, No. 429, § 7.
Ark. Code Ann. § 15-5-416 — AR Code / Title 15 / Chapter 5 / Subchapter 4 / Section 15-5-416
Authorizing resolution
Status: in_force

(a) The bonds shall be authorized by resolution of the Arkansas Development Finance Authority. (b) The bonds may be issued at one (1) time or in series from time to time. If in series, the initial series shall be designated "Series A" and subsequent series shall be designated in alphabetical order. (c) All bonds issued under this subchapter, regardless of series, shall be on a parity as to lien, pledge, and security. (d) (1) (A) The bonds may be coupon bonds payable to bearer or may be registrable as to principal only with interest coupons or may be made exchangeable for bonds of another denomination. (B) The bonds of another denomination may in turn be either coupon bonds payable to bearer or coupon bonds registrable as to principal only or bonds registrable as to both principal and interest without coupons. (2) The bonds may: (A) Be in such form and denomination; (B) Have such date or dates; (C) Be stated to mature at such times; (D) Bear interest payable at such times and at such rate or rates; (E) Be made payable at such places within or without the State of Arkansas; (F) Be made subject to such terms of redemption in advance of maturity at such prices; and (G) Contain such terms and conditions, all as the authority shall determine. (e) The bonds shall have all the qualities of negotiable instruments under the laws of the State of Arkansas, subject to provisions as to registration of ownership, as set forth in subsection (d) of this section. (f) The authorizing resolution may contain any other terms, covenants, and conditions that are deemed desirable, including, without limitation, those pertaining to the: (1) Maintenance of various funds and reserves; (2) Nature and extent of the security; (3) Custody and application of the proceeds of the bonds; (4) Collection and disposition of revenues; and (5) Rights, duties, and obligations of the authority and of the holders and registered owners of the bonds, as the authority shall determine. Acts 1985, No. 340, § 11; 1985, No. 505, § 11; A.S.A. 1947, § 13-2934.

(a) The bonds shall be authorized by resolution of the Arkansas Development Finance Authority.

(b) The bonds may be issued at one (1) time or in series from time to time. If in series, the initial series shall be designated "Series A" and subsequent series shall be designated in alphabetical order.

(c) All bonds issued under this subchapter, regardless of series, shall be on a parity as to lien, pledge, and security.

(d) (1) (A) The bonds may be coupon bonds payable to bearer or may be registrable as to principal only with interest coupons or may be made exchangeable for bonds of another denomination. (B) The bonds of another denomination may in turn be either coupon bonds payable to bearer or coupon bonds registrable as to principal only or bonds registrable as to both principal and interest without coupons. (2) The bonds may: (A) Be in such form and denomination; (B) Have such date or dates; (C) Be stated to mature at such times; (D) Bear interest payable at such times and at such rate or rates; (E) Be made payable at such places within or without the State of Arkansas; (F) Be made subject to such terms of redemption in advance of maturity at such prices; and (G) Contain such terms and conditions, all as the authority shall determine.

(1) (A) The bonds may be coupon bonds payable to bearer or may be registrable as to principal only with interest coupons or may be made exchangeable for bonds of another denomination. (B) The bonds of another denomination may in turn be either coupon bonds payable to bearer or coupon bonds registrable as to principal only or bonds registrable as to both principal and interest without coupons.

(A) The bonds may be coupon bonds payable to bearer or may be registrable as to principal only with interest coupons or may be made exchangeable for bonds of another denomination.

(B) The bonds of another denomination may in turn be either coupon bonds payable to bearer or coupon bonds registrable as to principal only or bonds registrable as to both principal and interest without coupons.

(2) The bonds may: (A) Be in such form and denomination; (B) Have such date or dates; (C) Be stated to mature at such times; (D) Bear interest payable at such times and at such rate or rates; (E) Be made payable at such places within or without the State of Arkansas; (F) Be made subject to such terms of redemption in advance of maturity at such prices; and (G) Contain such terms and conditions, all as the authority shall determine.

(A) Be in such form and denomination;

(B) Have such date or dates;

(C) Be stated to mature at such times;

(D) Bear interest payable at such times and at such rate or rates;

(E) Be made payable at such places within or without the State of Arkansas;

(F) Be made subject to such terms of redemption in advance of maturity at such prices; and

(G) Contain such terms and conditions, all as the authority shall determine.

all as the authority shall determine.

(e) The bonds shall have all the qualities of negotiable instruments under the laws of the State of Arkansas, subject to provisions as to registration of ownership, as set forth in subsection (d) of this section.

(f) The authorizing resolution may contain any other terms, covenants, and conditions that are deemed desirable, including, without limitation, those pertaining to the: (1) Maintenance of various funds and reserves; (2) Nature and extent of the security; (3) Custody and application of the proceeds of the bonds; (4) Collection and disposition of revenues; and (5) Rights, duties, and obligations of the authority and of the holders and registered owners of the bonds, as the authority shall determine.

(1) Maintenance of various funds and reserves;

(2) Nature and extent of the security;

(3) Custody and application of the proceeds of the bonds;

(4) Collection and disposition of revenues; and

(5) Rights, duties, and obligations of the authority and of the holders and registered owners of the bonds, as the authority shall determine.

Acts 1985, No. 340, § 11; 1985, No. 505, § 11; A.S.A. 1947, § 13-2934.
Ark. Code Ann. § 15-58-401 — AR Code / Title 15 / Chapter 58 / Subchapter 4 / Section 15-58-401
Lands eligible
Status: in_force

(a) Lands and water eligible for reclamation or drainage abatement expenditures under this chapter are those which were mined for coal or which were affected by the mining, wastebanks, coal processing, or other coal mining processes and abandoned or left in an inadequate reclamation status prior to August 3, 1977, and for which there is no continuing reclamation responsibility under federal or other state laws. (b) Notwithstanding subsection (a) of this section, lands and water similarly affected by coal mining or other mining processes and abandoned or left in an inadequate reclamation status after August 3, 1977, are also eligible for reclamation or drainage abatement expenditures under this chapter if the Director of the Division of Environmental Quality makes either of the following findings: (1) A finding that the surface coal mining operation occurred during the period beginning on August 4, 1977, and ending on or before November 21, 1980, and that any funds for reclamation or abatement which are available pursuant to a bond or other form of financial guarantee or from any other source are not sufficient to provide for adequate reclamation or abatement at the site; or (2) A finding that the surface coal mining operation occurred during the period beginning on August 4, 1977, and ending on or before November 5, 1990, and the surety of the mining operator became insolvent during the period, and, as of March 1, 1995, funds immediately available from proceedings relating to that insolvency or from any financial guarantee or other source are not sufficient to provide for adequate reclamation or abatement at the site. (c) (1) In determining which sites to reclaim pursuant to subsection (b) of this section, the director shall follow the priorities stated in § 15-58-402(1) and (2) . (2) The director shall ensure that priority is given to those sites which are in the immediate vicinity of a residential area or which have an adverse economic impact upon a community. Amended by Act 2019, No. 910,§ 3156, eff. 7/1/2019. Acts 1979, No. 134, § 6; A.S.A. 1947, § 52-940; Acts 1993, No. 209, § 1; 1993, No. 371, § 1; 1995, No. 500, § 5.

(a) Lands and water eligible for reclamation or drainage abatement expenditures under this chapter are those which were mined for coal or which were affected by the mining, wastebanks, coal processing, or other coal mining processes and abandoned or left in an inadequate reclamation status prior to August 3, 1977, and for which there is no continuing reclamation responsibility under federal or other state laws.

(b) Notwithstanding subsection (a) of this section, lands and water similarly affected by coal mining or other mining processes and abandoned or left in an inadequate reclamation status after August 3, 1977, are also eligible for reclamation or drainage abatement expenditures under this chapter if the Director of the Division of Environmental Quality makes either of the following findings: (1) A finding that the surface coal mining operation occurred during the period beginning on August 4, 1977, and ending on or before November 21, 1980, and that any funds for reclamation or abatement which are available pursuant to a bond or other form of financial guarantee or from any other source are not sufficient to provide for adequate reclamation or abatement at the site; or (2) A finding that the surface coal mining operation occurred during the period beginning on August 4, 1977, and ending on or before November 5, 1990, and the surety of the mining operator became insolvent during the period, and, as of March 1, 1995, funds immediately available from proceedings relating to that insolvency or from any financial guarantee or other source are not sufficient to provide for adequate reclamation or abatement at the site.

(1) A finding that the surface coal mining operation occurred during the period beginning on August 4, 1977, and ending on or before November 21, 1980, and that any funds for reclamation or abatement which are available pursuant to a bond or other form of financial guarantee or from any other source are not sufficient to provide for adequate reclamation or abatement at the site; or

(2) A finding that the surface coal mining operation occurred during the period beginning on August 4, 1977, and ending on or before November 5, 1990, and the surety of the mining operator became insolvent during the period, and, as of March 1, 1995, funds immediately available from proceedings relating to that insolvency or from any financial guarantee or other source are not sufficient to provide for adequate reclamation or abatement at the site.

(c) (1) In determining which sites to reclaim pursuant to subsection (b) of this section, the director shall follow the priorities stated in § 15-58-402(1) and (2) . (2) The director shall ensure that priority is given to those sites which are in the immediate vicinity of a residential area or which have an adverse economic impact upon a community.

(1) In determining which sites to reclaim pursuant to subsection (b) of this section, the director shall follow the priorities stated in § 15-58-402(1) and (2) .

(2) The director shall ensure that priority is given to those sites which are in the immediate vicinity of a residential area or which have an adverse economic impact upon a community.

Amended by Act 2019, No. 910,§ 3156, eff. 7/1/2019.

Acts 1979, No. 134, § 6; A.S.A. 1947, § 52-940; Acts 1993, No. 209, § 1; 1993, No. 371, § 1; 1995, No. 500, § 5.
Ark. Code Ann. § 15-22-610 — AR Code / Title 15 / Chapter 22 / Subchapter 6 / Section 15-22-610
Bonds - Individual series
Status: in_force

(a) The bonds shall be issued in series as set forth in this subchapter in amounts sufficient to finance all or any part of project costs with the respective series to be designated in alphabetical order or by the year in which issued. (b) The bonds of each series shall: (1) (A) Have such date as the Arkansas Natural Resources Commission shall determine and shall mature annually over a period ending not later than thirty (30) years after the date of the bonds of each series with the maturities to be so fixed that the aggregate principal and interest payments shall be approximately equal, insofar as practicable, each year throughout the maturity schedule, as determined by the commission. (B) Pending the issuance of bonds hereunder, the commission may issue temporary notes to be exchanged for or paid from the proceeds of bonds at such time as bonds may be issued; (2) (A) Bear interest at the rate or rates accepted by the commission at the public sale of the bonds. (B) Interest shall be payable at such times as the commission shall determine, but no bond issued under this subchapter shall bear interest at a rate in excess of ten percent (10%) per annum; and (3) Have all the qualities of negotiable instruments under the laws of the State of Arkansas, subject to the provisions regarding registration of ownership set forth in § 15-22-609 . Acts 1981, No. 496, § 4; 1985, No. 280, § 3; A.S.A. 1947, § 21-2304; Acts 1991, No. 786, § 18.

(a) The bonds shall be issued in series as set forth in this subchapter in amounts sufficient to finance all or any part of project costs with the respective series to be designated in alphabetical order or by the year in which issued.

(b) The bonds of each series shall: (1) (A) Have such date as the Arkansas Natural Resources Commission shall determine and shall mature annually over a period ending not later than thirty (30) years after the date of the bonds of each series with the maturities to be so fixed that the aggregate principal and interest payments shall be approximately equal, insofar as practicable, each year throughout the maturity schedule, as determined by the commission. (B) Pending the issuance of bonds hereunder, the commission may issue temporary notes to be exchanged for or paid from the proceeds of bonds at such time as bonds may be issued; (2) (A) Bear interest at the rate or rates accepted by the commission at the public sale of the bonds. (B) Interest shall be payable at such times as the commission shall determine, but no bond issued under this subchapter shall bear interest at a rate in excess of ten percent (10%) per annum; and (3) Have all the qualities of negotiable instruments under the laws of the State of Arkansas, subject to the provisions regarding registration of ownership set forth in § 15-22-609 .

(1) (A) Have such date as the Arkansas Natural Resources Commission shall determine and shall mature annually over a period ending not later than thirty (30) years after the date of the bonds of each series with the maturities to be so fixed that the aggregate principal and interest payments shall be approximately equal, insofar as practicable, each year throughout the maturity schedule, as determined by the commission. (B) Pending the issuance of bonds hereunder, the commission may issue temporary notes to be exchanged for or paid from the proceeds of bonds at such time as bonds may be issued;

(A) Have such date as the Arkansas Natural Resources Commission shall determine and shall mature annually over a period ending not later than thirty (30) years after the date of the bonds of each series with the maturities to be so fixed that the aggregate principal and interest payments shall be approximately equal, insofar as practicable, each year throughout the maturity schedule, as determined by the commission.

(B) Pending the issuance of bonds hereunder, the commission may issue temporary notes to be exchanged for or paid from the proceeds of bonds at such time as bonds may be issued;

(2) (A) Bear interest at the rate or rates accepted by the commission at the public sale of the bonds. (B) Interest shall be payable at such times as the commission shall determine, but no bond issued under this subchapter shall bear interest at a rate in excess of ten percent (10%) per annum; and

(A) Bear interest at the rate or rates accepted by the commission at the public sale of the bonds.

(B) Interest shall be payable at such times as the commission shall determine, but no bond issued under this subchapter shall bear interest at a rate in excess of ten percent (10%) per annum; and

(3) Have all the qualities of negotiable instruments under the laws of the State of Arkansas, subject to the provisions regarding registration of ownership set forth in § 15-22-609 .

Acts 1981, No. 496, § 4; 1985, No. 280, § 3; A.S.A. 1947, § 21-2304; Acts 1991, No. 786, § 18.
Ark. Code Ann. § 15-3-602 — AR Code / Title 15 / Chapter 3 / Subchapter 6 / Section 15-3-602
Legislative findings
Status: in_force

The General Assembly finds that: (1) Corporate growth requires the infusion of innovative ideas, products, and services; (2) A critical component of creating high-skilled, high-wage jobs is the encouragement of the Arkansas innovation entrepreneurial ecosystem to develop technological products and services; (3) Economic growth can be fostered by linking innovative new ideas, products, and services by entrepreneurs and start-up companies to corporate sponsors seeking the commercialization of new products and services; and (4) An inducement, in the form of a grant program, is needed to encourage Arkansas businesses to sponsor business and technology programs to mentor start-up companies, resulting in an infusion of new products and services to fuel corporate growth. Added by Act 2017, No. 165,§ 2, eff. 10/1/2017.

The General Assembly finds that:

(1) Corporate growth requires the infusion of innovative ideas, products, and services;

(2) A critical component of creating high-skilled, high-wage jobs is the encouragement of the Arkansas innovation entrepreneurial ecosystem to develop technological products and services;

(3) Economic growth can be fostered by linking innovative new ideas, products, and services by entrepreneurs and start-up companies to corporate sponsors seeking the commercialization of new products and services; and

(4) An inducement, in the form of a grant program, is needed to encourage Arkansas businesses to sponsor business and technology programs to mentor start-up companies, resulting in an infusion of new products and services to fuel corporate growth.

Added by Act 2017, No. 165,§ 2, eff. 10/1/2017.
Ark. Code Ann. § 15-4-505 — AR Code / Title 15 / Chapter 4 / Subchapter 5 / Section 15-4-505
Articles - Filing
Status: in_force

(a) The original executed articles of incorporation shall be filed in the office of the Secretary of State. (b) If the Secretary of State finds that the articles of incorporation conform to law, he or she shall, when the fees prescribed by this act have been paid: (1) Endorse on the original copy the word "FILED", and the month, day, and year of the filing thereof; (2) File the original in the office of the Secretary of State; and (3) Issue a certificate of incorporation to the incorporators. (c) The incorporators shall file for recording a certified copy of the articles of incorporation in the office of the county clerk in the county in which the principal office of the corporation is located. Acts 1955, No. 404, § 15; A.S.A. 1947, § 9-518; Acts 1997, No. 339, § 2.

(a) The original executed articles of incorporation shall be filed in the office of the Secretary of State.

(b) If the Secretary of State finds that the articles of incorporation conform to law, he or she shall, when the fees prescribed by this act have been paid: (1) Endorse on the original copy the word "FILED", and the month, day, and year of the filing thereof; (2) File the original in the office of the Secretary of State; and (3) Issue a certificate of incorporation to the incorporators.

(1) Endorse on the original copy the word "FILED", and the month, day, and year of the filing thereof;

(2) File the original in the office of the Secretary of State; and

(3) Issue a certificate of incorporation to the incorporators.

(c) The incorporators shall file for recording a certified copy of the articles of incorporation in the office of the county clerk in the county in which the principal office of the corporation is located.

Acts 1955, No. 404, § 15; A.S.A. 1947, § 9-518; Acts 1997, No. 339, § 2.
Ark. Code Ann. § 15-5-208 — AR Code / Title 15 / Chapter 5 / Subchapter 2 / Section 15-5-208
Services of public entities to authority - Expenses
Status: in_force

(a) All officers, departments, boards, agencies, divisions, and commissions of the state are authorized and empowered to render any and all of such services to the Arkansas Development Finance Authority as may be within the area of their respective governmental functions as fixed or established by law and as may be requested by the authority. (b) The cost and expenses of any such services shall be met and provided by the authority. Acts 1985, No. 1062, § 19.00; A.S.A. 1947, § 13-2919.

(a) All officers, departments, boards, agencies, divisions, and commissions of the state are authorized and empowered to render any and all of such services to the Arkansas Development Finance Authority as may be within the area of their respective governmental functions as fixed or established by law and as may be requested by the authority.

(b) The cost and expenses of any such services shall be met and provided by the authority.

Acts 1985, No. 1062, § 19.00; A.S.A. 1947, § 13-2919.
Ark. Code Ann. § 15-20-1306 — AR Code / Title 15 / Chapter 20 / Subchapter 13 / Section 15-20-1306
Resolutions and trust indentures
Status: in_force

(a) (1) The bonds shall be authorized by resolution of the Arkansas Natural Resources Commission. (2) Each resolution shall contain the terms, covenants, and conditions deemed desirable for the bonds, including without limitation conditions pertaining to: (A) The establishment and maintenance of funds and accounts; (B) The deposit and investment of revenues and of bond proceeds; and (C) The rights and obligations of the state, its officers and officials, the commission, and the registered owners of the bonds. (3) The resolution of the commission may provide for the execution and delivery by the commission of one (1) or more trust indentures with one (1) or more banks or trust companies located within or without the state, containing any of the terms, covenants, and conditions stated in subdivision (a)(2) of this section. (4) A trust indenture shall be binding upon the state and its agencies, officers, and officials to the extent set forth in this subchapter. (b) Any resolution or trust indenture adopted or executed under this section shall provide that power is reserved to: (1) Apply to the payment of debt service on the bonds issued or secured under all or any part of the revenues that may be derived from any project financed by the bonds or financed by the commission in some other manner; and (2) To the extent of revenues that the commission elects to apply to debt service, to release from any requirement of the resolution or trust indenture other revenues and resources of the state, including without limitation the general revenues of the state required to be transferred under § 15-20-1311 . Acts 2007, No. 631, § 1.

(a) (1) The bonds shall be authorized by resolution of the Arkansas Natural Resources Commission. (2) Each resolution shall contain the terms, covenants, and conditions deemed desirable for the bonds, including without limitation conditions pertaining to: (A) The establishment and maintenance of funds and accounts; (B) The deposit and investment of revenues and of bond proceeds; and (C) The rights and obligations of the state, its officers and officials, the commission, and the registered owners of the bonds. (3) The resolution of the commission may provide for the execution and delivery by the commission of one (1) or more trust indentures with one (1) or more banks or trust companies located within or without the state, containing any of the terms, covenants, and conditions stated in subdivision (a)(2) of this section. (4) A trust indenture shall be binding upon the state and its agencies, officers, and officials to the extent set forth in this subchapter.

(1) The bonds shall be authorized by resolution of the Arkansas Natural Resources Commission.

(2) Each resolution shall contain the terms, covenants, and conditions deemed desirable for the bonds, including without limitation conditions pertaining to: (A) The establishment and maintenance of funds and accounts; (B) The deposit and investment of revenues and of bond proceeds; and (C) The rights and obligations of the state, its officers and officials, the commission, and the registered owners of the bonds.

(A) The establishment and maintenance of funds and accounts;

(B) The deposit and investment of revenues and of bond proceeds; and

(C) The rights and obligations of the state, its officers and officials, the commission, and the registered owners of the bonds.

(3) The resolution of the commission may provide for the execution and delivery by the commission of one (1) or more trust indentures with one (1) or more banks or trust companies located within or without the state, containing any of the terms, covenants, and conditions stated in subdivision (a)(2) of this section.

(4) A trust indenture shall be binding upon the state and its agencies, officers, and officials to the extent set forth in this subchapter.

(b) Any resolution or trust indenture adopted or executed under this section shall provide that power is reserved to: (1) Apply to the payment of debt service on the bonds issued or secured under all or any part of the revenues that may be derived from any project financed by the bonds or financed by the commission in some other manner; and (2) To the extent of revenues that the commission elects to apply to debt service, to release from any requirement of the resolution or trust indenture other revenues and resources of the state, including without limitation the general revenues of the state required to be transferred under § 15-20-1311 .

(1) Apply to the payment of debt service on the bonds issued or secured under all or any part of the revenues that may be derived from any project financed by the bonds or financed by the commission in some other manner; and

(2) To the extent of revenues that the commission elects to apply to debt service, to release from any requirement of the resolution or trust indenture other revenues and resources of the state, including without limitation the general revenues of the state required to be transferred under § 15-20-1311 .

Acts 2007, No. 631, § 1.
Ark. Code Ann. § 15-22-224 — AR Code / Title 15 / Chapter 22 / Subchapter 2 / Section 15-22-224
Appointment of receiver - Definitions
Status: in_force

(a) As used in this section: (1) "Adequate financial operation" means operation of a public water system or public sewer system in such a manner that the system has and will have the ability to provide sufficient funds for viable current and future operations, including without limitation: (A) Operating costs; (B) Debt repayment; (C) Replacement costs; and (D) Depreciation costs; (2) "Adequate managerial operation" means operation of a public water system or public sewer system by persons having sufficient leadership, knowledge, skills, and abilities to manage the system for current and long-term viable operations of the system, including without limitation: (A) A functioning governing body; and (B) Adequate employee staffing; (3) "Adequate technical operation" means operation of a public water system or public sewer system with sufficient facilities, equipment, and personnel for current and long-term viable operations of the system, including without limitation: (A) Employment of licensed operators; (B) Timely repair or replacement of equipment; and (C) Planning for long-term system continuation; (4) "Public sewer system" means a sewer collection or treatment system subject to regulation under the Federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq., as existing on January 1, 2011, or the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq., which is owned by a municipal corporation, a governmental corporation, or a nonprofit corporation, including without limitation: (A) A municipality; (B) A public facilities board; (C) A public water authority; (D) A water association; (E) A regional water distribution district; (F) A rural development authority; (G) A sanitation authority; (H) An improvement district; or (I) A regional wastewater treatment district; and (5) "Public water system" means a water system subject to regulation under the Safe Drinking Water Act, 42 U.S.C. § 300f , as existing on January 1, 2011, which is owned by a municipal corporation, a governmental corporation, or a nonprofit corporation, including without limitation: (A) A municipality; (B) A public facilities board; (C) A public water authority; (D) A water association; (E) A regional water distribution district; (F) A rural development authority; (G) A sanitation authority; (H) An improvement district; (I) A regional wastewater treatment district; or (J) A consolidated waterworks. (b) (1) Except as provided in subsection (g) of this section, a court having jurisdiction in any proper action, upon application of the Arkansas Natural Resources Commission or its successor or successors, may appoint a receiver to take charge of the public water system or public sewer system if a public water system or public sewer system for a period of not less than six (6) months: (A) Has failed to provide for the adequate financial operation of the public water system or public sewer system, provide for the adequate managerial operation of the public water system or public sewer system, or provide for the adequate technical operation of the public water system or public sewer system; or (B) Has failed to comply with: (i) Rules of the Department of Health or its successor or successors concerning drinking water standards and public water systems; or (ii) The Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq., or rules promulgated in support of the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq., by the Arkansas Pollution Control and Ecology Commission or any successor or successors and enforced by the Division of Environmental Quality or any successor or successors. (2) The receiver may: (A) Administer the public water system or public sewer system; (B) Make improvements to the public water system or public sewer system; (C) Operate and maintain the public water system or public sewer system; (D) Charge and collect rates and fees for the public water system or public sewer system sufficient to provide for the payment of: (i) Any costs of receivership; (ii) Debt service on any indebtedness secured by revenues of the public water system or public sewer system; and (iii) Operation and maintenance expenses and costs of improvements to the public water system or public sewer system; and (E) Apply the income and revenues of the public water system or public sewer system in conformity with Arkansas law. (c) Notwithstanding any Arkansas law to the contrary, the Arkansas Natural Resources Commission may be appointed as receiver under this section. (d) (1) (A) Before entering upon his or her duties, the receiver shall be sworn to perform them faithfully. (B) With one (1) or more sureties approved by the court, the receiver shall execute a bond to the person and in such sum as the court shall direct, to the effect that he or she will: (i) Faithfully discharge the duties of receiver in the action; and (ii) Obey the orders of the court. (2) Subdivision (d)(1) of this section does not apply if the Arkansas Natural Resources Commission is appointed as receiver under this section. (e) The receiver may, under the control of the court: (1) Bring and defend actions; (2) Take and keep possession of the property of the public water system or public sewer system; (3) Receive rents; (4) Collect debts; (5) Sell or otherwise dispose of all or part of the real or personal property of a public water system or public sewer system; and (6) Take other actions concerning the public water system or public sewer system and its property as the court may authorize. (f) Upon application by the Arkansas Natural Resources Commission to a court having jurisdiction and upon approval of the court, the receiver may sell, transfer, convey, or donate the public water system or public sewer system to, or merge the public water system or public sewer system with, another public water system or public sewer system. (g) Upon certification by the department that the public water system's or public sewer system's operation represents an immediate public health threat or certification by the division that the public sewer system is being operated in a manner to allow the discharge of pollutants in quantities unacceptable under applicable permits or state water quality standards and posing an imminent threat to public health, a court having jurisdiction in any proper action may, upon application of the Arkansas Natural Resources Commission, immediately appoint a receiver to take charge of the public water system or public sewer system. Amended by Act 2019, No. 910,§ 3064, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3063, eff. 7/1/2019. Acts 2011, No. 703, § 1.

(a) As used in this section: (1) "Adequate financial operation" means operation of a public water system or public sewer system in such a manner that the system has and will have the ability to provide sufficient funds for viable current and future operations, including without limitation: (A) Operating costs; (B) Debt repayment; (C) Replacement costs; and (D) Depreciation costs; (2) "Adequate managerial operation" means operation of a public water system or public sewer system by persons having sufficient leadership, knowledge, skills, and abilities to manage the system for current and long-term viable operations of the system, including without limitation: (A) A functioning governing body; and (B) Adequate employee staffing; (3) "Adequate technical operation" means operation of a public water system or public sewer system with sufficient facilities, equipment, and personnel for current and long-term viable operations of the system, including without limitation: (A) Employment of licensed operators; (B) Timely repair or replacement of equipment; and (C) Planning for long-term system continuation; (4) "Public sewer system" means a sewer collection or treatment system subject to regulation under the Federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq., as existing on January 1, 2011, or the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq., which is owned by a municipal corporation, a governmental corporation, or a nonprofit corporation, including without limitation: (A) A municipality; (B) A public facilities board; (C) A public water authority; (D) A water association; (E) A regional water distribution district; (F) A rural development authority; (G) A sanitation authority; (H) An improvement district; or (I) A regional wastewater treatment district; and (5) "Public water system" means a water system subject to regulation under the Safe Drinking Water Act, 42 U.S.C. § 300f , as existing on January 1, 2011, which is owned by a municipal corporation, a governmental corporation, or a nonprofit corporation, including without limitation: (A) A municipality; (B) A public facilities board; (C) A public water authority; (D) A water association; (E) A regional water distribution district; (F) A rural development authority; (G) A sanitation authority; (H) An improvement district; (I) A regional wastewater treatment district; or (J) A consolidated waterworks.

(1) "Adequate financial operation" means operation of a public water system or public sewer system in such a manner that the system has and will have the ability to provide sufficient funds for viable current and future operations, including without limitation: (A) Operating costs; (B) Debt repayment; (C) Replacement costs; and (D) Depreciation costs;

(A) Operating costs;

(B) Debt repayment;

(C) Replacement costs; and

(D) Depreciation costs;

(2) "Adequate managerial operation" means operation of a public water system or public sewer system by persons having sufficient leadership, knowledge, skills, and abilities to manage the system for current and long-term viable operations of the system, including without limitation: (A) A functioning governing body; and (B) Adequate employee staffing;

(A) A functioning governing body; and

(B) Adequate employee staffing;

(3) "Adequate technical operation" means operation of a public water system or public sewer system with sufficient facilities, equipment, and personnel for current and long-term viable operations of the system, including without limitation: (A) Employment of licensed operators; (B) Timely repair or replacement of equipment; and (C) Planning for long-term system continuation;

(A) Employment of licensed operators;

(B) Timely repair or replacement of equipment; and

(C) Planning for long-term system continuation;

(4) "Public sewer system" means a sewer collection or treatment system subject to regulation under the Federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq., as existing on January 1, 2011, or the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq., which is owned by a municipal corporation, a governmental corporation, or a nonprofit corporation, including without limitation: (A) A municipality; (B) A public facilities board; (C) A public water authority; (D) A water association; (E) A regional water distribution district; (F) A rural development authority; (G) A sanitation authority; (H) An improvement district; or (I) A regional wastewater treatment district; and

(A) A municipality;

(B) A public facilities board;

(C) A public water authority;

(D) A water association;

(E) A regional water distribution district;

(F) A rural development authority;

(G) A sanitation authority;

(H) An improvement district; or

(I) A regional wastewater treatment district; and

(5) "Public water system" means a water system subject to regulation under the Safe Drinking Water Act, 42 U.S.C. § 300f , as existing on January 1, 2011, which is owned by a municipal corporation, a governmental corporation, or a nonprofit corporation, including without limitation: (A) A municipality; (B) A public facilities board; (C) A public water authority; (D) A water association; (E) A regional water distribution district; (F) A rural development authority; (G) A sanitation authority; (H) An improvement district; (I) A regional wastewater treatment district; or (J) A consolidated waterworks.

(A) A municipality;

(B) A public facilities board;

(C) A public water authority;

(D) A water association;

(E) A regional water distribution district;

(F) A rural development authority;

(G) A sanitation authority;

(H) An improvement district;

(I) A regional wastewater treatment district; or

(J) A consolidated waterworks.

(b) (1) Except as provided in subsection (g) of this section, a court having jurisdiction in any proper action, upon application of the Arkansas Natural Resources Commission or its successor or successors, may appoint a receiver to take charge of the public water system or public sewer system if a public water system or public sewer system for a period of not less than six (6) months: (A) Has failed to provide for the adequate financial operation of the public water system or public sewer system, provide for the adequate managerial operation of the public water system or public sewer system, or provide for the adequate technical operation of the public water system or public sewer system; or (B) Has failed to comply with: (i) Rules of the Department of Health or its successor or successors concerning drinking water standards and public water systems; or (ii) The Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq., or rules promulgated in support of the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq., by the Arkansas Pollution Control and Ecology Commission or any successor or successors and enforced by the Division of Environmental Quality or any successor or successors. (2) The receiver may: (A) Administer the public water system or public sewer system; (B) Make improvements to the public water system or public sewer system; (C) Operate and maintain the public water system or public sewer system; (D) Charge and collect rates and fees for the public water system or public sewer system sufficient to provide for the payment of: (i) Any costs of receivership; (ii) Debt service on any indebtedness secured by revenues of the public water system or public sewer system; and (iii) Operation and maintenance expenses and costs of improvements to the public water system or public sewer system; and (E) Apply the income and revenues of the public water system or public sewer system in conformity with Arkansas law.

(1) Except as provided in subsection (g) of this section, a court having jurisdiction in any proper action, upon application of the Arkansas Natural Resources Commission or its successor or successors, may appoint a receiver to take charge of the public water system or public sewer system if a public water system or public sewer system for a period of not less than six (6) months: (A) Has failed to provide for the adequate financial operation of the public water system or public sewer system, provide for the adequate managerial operation of the public water system or public sewer system, or provide for the adequate technical operation of the public water system or public sewer system; or (B) Has failed to comply with: (i) Rules of the Department of Health or its successor or successors concerning drinking water standards and public water systems; or (ii) The Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq., or rules promulgated in support of the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq., by the Arkansas Pollution Control and Ecology Commission or any successor or successors and enforced by the Division of Environmental Quality or any successor or successors.

(A) Has failed to provide for the adequate financial operation of the public water system or public sewer system, provide for the adequate managerial operation of the public water system or public sewer system, or provide for the adequate technical operation of the public water system or public sewer system; or

(B) Has failed to comply with: (i) Rules of the Department of Health or its successor or successors concerning drinking water standards and public water systems; or (ii) The Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq., or rules promulgated in support of the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq., by the Arkansas Pollution Control and Ecology Commission or any successor or successors and enforced by the Division of Environmental Quality or any successor or successors.

(i) Rules of the Department of Health or its successor or successors concerning drinking water standards and public water systems; or

(ii) The Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq., or rules promulgated in support of the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq., by the Arkansas Pollution Control and Ecology Commission or any successor or successors and enforced by the Division of Environmental Quality or any successor or successors.

(2) The receiver may: (A) Administer the public water system or public sewer system; (B) Make improvements to the public water system or public sewer system; (C) Operate and maintain the public water system or public sewer system; (D) Charge and collect rates and fees for the public water system or public sewer system sufficient to provide for the payment of: (i) Any costs of receivership; (ii) Debt service on any indebtedness secured by revenues of the public water system or public sewer system; and (iii) Operation and maintenance expenses and costs of improvements to the public water system or public sewer system; and (E) Apply the income and revenues of the public water system or public sewer system in conformity with Arkansas law.

(A) Administer the public water system or public sewer system;

(B) Make improvements to the public water system or public sewer system;

(C) Operate and maintain the public water system or public sewer system;

(D) Charge and collect rates and fees for the public water system or public sewer system sufficient to provide for the payment of: (i) Any costs of receivership; (ii) Debt service on any indebtedness secured by revenues of the public water system or public sewer system; and (iii) Operation and maintenance expenses and costs of improvements to the public water system or public sewer system; and

(i) Any costs of receivership;

(ii) Debt service on any indebtedness secured by revenues of the public water system or public sewer system; and

(iii) Operation and maintenance expenses and costs of improvements to the public water system or public sewer system; and

(E) Apply the income and revenues of the public water system or public sewer system in conformity with Arkansas law.

(c) Notwithstanding any Arkansas law to the contrary, the Arkansas Natural Resources Commission may be appointed as receiver under this section.

(d) (1) (A) Before entering upon his or her duties, the receiver shall be sworn to perform them faithfully. (B) With one (1) or more sureties approved by the court, the receiver shall execute a bond to the person and in such sum as the court shall direct, to the effect that he or she will: (i) Faithfully discharge the duties of receiver in the action; and (ii) Obey the orders of the court. (2) Subdivision (d)(1) of this section does not apply if the Arkansas Natural Resources Commission is appointed as receiver under this section.

(1) (A) Before entering upon his or her duties, the receiver shall be sworn to perform them faithfully. (B) With one (1) or more sureties approved by the court, the receiver shall execute a bond to the person and in such sum as the court shall direct, to the effect that he or she will: (i) Faithfully discharge the duties of receiver in the action; and (ii) Obey the orders of the court.

(A) Before entering upon his or her duties, the receiver shall be sworn to perform them faithfully.

(B) With one (1) or more sureties approved by the court, the receiver shall execute a bond to the person and in such sum as the court shall direct, to the effect that he or she will: (i) Faithfully discharge the duties of receiver in the action; and (ii) Obey the orders of the court.

(i) Faithfully discharge the duties of receiver in the action; and

(ii) Obey the orders of the court.

(2) Subdivision (d)(1) of this section does not apply if the Arkansas Natural Resources Commission is appointed as receiver under this section.

(e) The receiver may, under the control of the court: (1) Bring and defend actions; (2) Take and keep possession of the property of the public water system or public sewer system; (3) Receive rents; (4) Collect debts; (5) Sell or otherwise dispose of all or part of the real or personal property of a public water system or public sewer system; and (6) Take other actions concerning the public water system or public sewer system and its property as the court may authorize.

(1) Bring and defend actions;

(2) Take and keep possession of the property of the public water system or public sewer system;

(3) Receive rents;

(4) Collect debts;

(5) Sell or otherwise dispose of all or part of the real or personal property of a public water system or public sewer system; and

(6) Take other actions concerning the public water system or public sewer system and its property as the court may authorize.

(f) Upon application by the Arkansas Natural Resources Commission to a court having jurisdiction and upon approval of the court, the receiver may sell, transfer, convey, or donate the public water system or public sewer system to, or merge the public water system or public sewer system with, another public water system or public sewer system.

(g) Upon certification by the department that the public water system's or public sewer system's operation represents an immediate public health threat or certification by the division that the public sewer system is being operated in a manner to allow the discharge of pollutants in quantities unacceptable under applicable permits or state water quality standards and posing an imminent threat to public health, a court having jurisdiction in any proper action may, upon application of the Arkansas Natural Resources Commission, immediately appoint a receiver to take charge of the public water system or public sewer system.

Amended by Act 2019, No. 910,§ 3064, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3063, eff. 7/1/2019.

Acts 2011, No. 703, § 1.
Ark. Code Ann. § 15-3-708 — AR Code / Title 15 / Chapter 3 / Subchapter 7 / Section 15-3-708
Program funding
Status: in_force

Matching grants awarded under this subchapter are limited by the amount of funds allocated to the Arkansas Small Business Innovation Research Matching Grant Program created under this subchapter. Added by Act 2017, No. 166,§ 2, eff. 10/1/2017.

Matching grants awarded under this subchapter are limited by the amount of funds allocated to the Arkansas Small Business Innovation Research Matching Grant Program created under this subchapter.

Added by Act 2017, No. 166,§ 2, eff. 10/1/2017.
Ark. Code Ann. § 15-4-917 — AR Code / Title 15 / Chapter 4 / Subchapter 9 / Section 15-4-917
[Repealed]
Status: repealed

Repealed by Act 2017, No. 426,§ 3, eff. 8/1/2017. Acts 1957, No. 567, § 14; A.S.A. 1947, § 67-1614.

Repealed by Act 2017, No. 426,§ 3, eff. 8/1/2017.

Acts 1957, No. 567, § 14; A.S.A. 1947, § 67-1614.