Ark. Code Ann. § 15-22-1102 — AR Code / Title 15 / Chapter 22 / Subchapter 11 / Section 15-22-1102
Creation - Terms and conditions for expenditures - Special accounts
Status: in_force

(a) (1) There is established on the books of the Arkansas Natural Resources Commission a special restricted fund to be known as the "Safe Drinking Water Fund", which shall be maintained in perpetuity and administered by the commission and the Department of Health under this subchapter for the purposes stated in this subchapter. (2) The following shall be deposited into the Safe Drinking Water Fund: (A) Grants from the federal government or its agencies allotted to the state for capitalization of the Safe Drinking Water Fund; (B) State matching grants when required; (C) Proceeds of bonds issued by the commission or the Arkansas Development Finance Authority for capitalization of the Safe Drinking Water Fund; (D) Principal, interest, and premiums on loans provided; and (E) Bonds, notes, and other evidences of indebtedness purchased with moneys in the Safe Drinking Water Fund. (3) The commission may deposit loans made to and bonds, notes, and other evidences of indebtedness issued by owners to finance or refinance the planning, design, acquisition, construction, expansion, equipping, rehabilitation, or consolidation of water systems or parts of water systems into the Safe Drinking Water Fund. (b) Moneys in the Safe Drinking Water Fund shall be expended in a manner consistent with the terms and conditions of applicable federal and state capitalization grants and may be used: (1) To provide loans for the planning, design, acquisition, construction, expansion, equipping, rehabilitation, consolidation, or refinancing of water systems or parts of water systems; (2) Subject to subsections (c)-(e) of this section and subject to the approval of the commission, to secure the payment of the principal of and premium, if any, and interest on and to pay costs incurred in connection with bonds issued by the commission or the authority if proceeds of the bonds are deposited into the Drinking Water State Revolving Loan Fund Account; (3) To pay the principal of and premium, if any, and interest on and to pay costs incurred in connection with bonds issued by the commission or the authority if proceeds of the bonds are deposited into the Drinking Water State Revolving Loan Fund Account; (4) To purchase bonds, notes, or other evidences of indebtedness issued by owners to finance or refinance the planning, design, acquisition, construction, expansion, equipping, rehabilitation, or consolidation of water systems or parts of water systems; (5) To fund other water system programs that the federal or state government may allow in the future; (6) To fund the administrative expenses of the commission relating to the responsibilities and requirements of this subchapter and the Safe Drinking Water Act; (7) To fund technical assistance for water systems, assistance to state programs such as the public water system supervisory, source water protection, capacity development, health effects studies, unregulated contaminant monitoring, small system technical assistance, operation and training certification programs, and other purposes permitted by the Safe Drinking Water Act; (8) To provide for any other expenditures consistent with applicable federal and state law; (9) To make grants or loans to the Construction Assistance Revolving Loan Fund established by § 15-5-901 , in amounts approved by the commission, consistent with applicable federal law; (10) Subject to subsections (c)-(e) of this section and subject to the approval of the commission, to secure the payment of the principal of and premium, if any, and interest on bonds issued by the commission or the authority if proceeds of the bonds are deposited into the Construction Assistance Revolving Loan Fund established by § 15-5-901 , consistent with applicable federal law; (11) Subject to subsections (c)-(e) of this section and subject to the approval of the commission, to pay the principal of and premium, if any, and interest on and to pay costs incurred in connection with bonds issued by the commission or the authority if proceeds of the bonds are deposited into the Construction Assistance Revolving Loan Fund established by § 15-5-901 , consistent with applicable federal law; or (12) (A) To make grants for the planning, design, acquisition, construction, expansion, equipping, rehabilitation, consolidation, or refinancing of water systems or parts of water systems. (B) However, grants may be made only from moneys in the Safe Drinking Water Fund provided by the federal government under the Safe Drinking Water Act to provide additional subsidization to eligible recipients in the form of forgiveness of principal, negative interest loans, or grants or any combination of principal, negative interest loans, or grants. (c) (1) There is established a separate account within the Safe Drinking Water Fund designated the "Drinking Water State Administrative Account", into which moneys provided by the federal government pursuant to the Safe Drinking Water Act for the purpose of administering programs funded by the Safe Drinking Water Act and fees pursuant to §§ 15-22-1106 and 15-22-1107 shall be deposited. (2) Moneys in the Drinking Water State Administrative Account may be expended by the commission for administrative costs of programs funded by the Safe Drinking Water Act. (3) Moneys in the Drinking Water State Administrative Account shall never be pledged for the payment of or as security for any bonds issued by the authority or the commission. (d) (1) There is established a separate account within the Safe Drinking Water Fund designated the "Drinking Water State Set Aside Account", into which moneys provided by the federal government pursuant to the Safe Drinking Water Act for the purpose of funding costs of technical assistance to water systems, assistance to state programs such as the public water system supervisory, source water protection, capacity development, health effects studies, unregulated contaminant monitoring, small system technical assistance, and operation and training certification, and other purposes permitted by the Safe Drinking Water Act to be paid from set asides, shall be deposited. (2) Moneys in the Drinking Water State Set Aside Account may be expended for the purpose of funding the cost of assistance to water systems, assistance to state programs such as public water system supervisory, source water protection, capacity development, health effects studies, unregulated contaminant monitoring, small system technical assistance, and operator training and certification programs, and other purposes permitted by the Safe Drinking Water Act to be paid from set asides. (3) Moneys in the Drinking Water State Set Aside Account shall never be pledged for the payment of or as security for any bonds issued by the authority or the commission. (e) (1) There is established a separate account within the Safe Drinking Water Fund designated the "Drinking Water State Grants Account", into which moneys appropriated by the state for deposit into the Safe Drinking Water Fund shall be deposited. (2) (A) Moneys in the Drinking Water State Grants Account may be expended for the same purposes as other moneys in the Safe Drinking Water Fund. (B) However, moneys in the Drinking Water State Grants Account shall never be pledged for the payment of or as security for any bonds issued by the commission or the authority. (f) (1) There is established a separate account within the Safe Drinking Water Fund, designated the "Drinking Water State Revolving Loan Fund Account", into which shall be deposited moneys provided by: (A) The federal government pursuant to the Safe Drinking Water Act; (B) Proceeds of bonds issued by the commission or the authority; and (C) Other amounts, excluding state appropriations, received pursuant to § 15-22-1105 , for the purpose of providing financial assistance to owners in connection with the planning, design, acquisition, construction, expansion, equipping, or rehabilitation of a water system, or parts of a water system. (2) Moneys in the Drinking Water State Revolving Loan Fund Account may also be expended for the purposes set forth in subdivisions (b)(1)-(5) and (b)(8)-(12) of this section. (g) The commission may establish and maintain additional accounts within the Safe Drinking Water Fund or subaccounts within the accounts established by this section. (h) The commission shall maintain the Safe Drinking Water Fund at the authority or at one (1) or more financial institutions within or without the state. Acts 1997, No. 772, § 2; 2003, No. 465, § 2; 2009, No. 457, §§ 2, 3.

(a) (1) There is established on the books of the Arkansas Natural Resources Commission a special restricted fund to be known as the "Safe Drinking Water Fund", which shall be maintained in perpetuity and administered by the commission and the Department of Health under this subchapter for the purposes stated in this subchapter. (2) The following shall be deposited into the Safe Drinking Water Fund: (A) Grants from the federal government or its agencies allotted to the state for capitalization of the Safe Drinking Water Fund; (B) State matching grants when required; (C) Proceeds of bonds issued by the commission or the Arkansas Development Finance Authority for capitalization of the Safe Drinking Water Fund; (D) Principal, interest, and premiums on loans provided; and (E) Bonds, notes, and other evidences of indebtedness purchased with moneys in the Safe Drinking Water Fund. (3) The commission may deposit loans made to and bonds, notes, and other evidences of indebtedness issued by owners to finance or refinance the planning, design, acquisition, construction, expansion, equipping, rehabilitation, or consolidation of water systems or parts of water systems into the Safe Drinking Water Fund.

(1) There is established on the books of the Arkansas Natural Resources Commission a special restricted fund to be known as the "Safe Drinking Water Fund", which shall be maintained in perpetuity and administered by the commission and the Department of Health under this subchapter for the purposes stated in this subchapter.

(2) The following shall be deposited into the Safe Drinking Water Fund: (A) Grants from the federal government or its agencies allotted to the state for capitalization of the Safe Drinking Water Fund; (B) State matching grants when required; (C) Proceeds of bonds issued by the commission or the Arkansas Development Finance Authority for capitalization of the Safe Drinking Water Fund; (D) Principal, interest, and premiums on loans provided; and (E) Bonds, notes, and other evidences of indebtedness purchased with moneys in the Safe Drinking Water Fund.

(A) Grants from the federal government or its agencies allotted to the state for capitalization of the Safe Drinking Water Fund;

(B) State matching grants when required;

(C) Proceeds of bonds issued by the commission or the Arkansas Development Finance Authority for capitalization of the Safe Drinking Water Fund;

(D) Principal, interest, and premiums on loans provided; and

(E) Bonds, notes, and other evidences of indebtedness purchased with moneys in the Safe Drinking Water Fund.

(3) The commission may deposit loans made to and bonds, notes, and other evidences of indebtedness issued by owners to finance or refinance the planning, design, acquisition, construction, expansion, equipping, rehabilitation, or consolidation of water systems or parts of water systems into the Safe Drinking Water Fund.

(b) Moneys in the Safe Drinking Water Fund shall be expended in a manner consistent with the terms and conditions of applicable federal and state capitalization grants and may be used: (1) To provide loans for the planning, design, acquisition, construction, expansion, equipping, rehabilitation, consolidation, or refinancing of water systems or parts of water systems; (2) Subject to subsections (c)-(e) of this section and subject to the approval of the commission, to secure the payment of the principal of and premium, if any, and interest on and to pay costs incurred in connection with bonds issued by the commission or the authority if proceeds of the bonds are deposited into the Drinking Water State Revolving Loan Fund Account; (3) To pay the principal of and premium, if any, and interest on and to pay costs incurred in connection with bonds issued by the commission or the authority if proceeds of the bonds are deposited into the Drinking Water State Revolving Loan Fund Account; (4) To purchase bonds, notes, or other evidences of indebtedness issued by owners to finance or refinance the planning, design, acquisition, construction, expansion, equipping, rehabilitation, or consolidation of water systems or parts of water systems; (5) To fund other water system programs that the federal or state government may allow in the future; (6) To fund the administrative expenses of the commission relating to the responsibilities and requirements of this subchapter and the Safe Drinking Water Act; (7) To fund technical assistance for water systems, assistance to state programs such as the public water system supervisory, source water protection, capacity development, health effects studies, unregulated contaminant monitoring, small system technical assistance, operation and training certification programs, and other purposes permitted by the Safe Drinking Water Act; (8) To provide for any other expenditures consistent with applicable federal and state law; (9) To make grants or loans to the Construction Assistance Revolving Loan Fund established by § 15-5-901 , in amounts approved by the commission, consistent with applicable federal law; (10) Subject to subsections (c)-(e) of this section and subject to the approval of the commission, to secure the payment of the principal of and premium, if any, and interest on bonds issued by the commission or the authority if proceeds of the bonds are deposited into the Construction Assistance Revolving Loan Fund established by § 15-5-901 , consistent with applicable federal law; (11) Subject to subsections (c)-(e) of this section and subject to the approval of the commission, to pay the principal of and premium, if any, and interest on and to pay costs incurred in connection with bonds issued by the commission or the authority if proceeds of the bonds are deposited into the Construction Assistance Revolving Loan Fund established by § 15-5-901 , consistent with applicable federal law; or (12) (A) To make grants for the planning, design, acquisition, construction, expansion, equipping, rehabilitation, consolidation, or refinancing of water systems or parts of water systems. (B) However, grants may be made only from moneys in the Safe Drinking Water Fund provided by the federal government under the Safe Drinking Water Act to provide additional subsidization to eligible recipients in the form of forgiveness of principal, negative interest loans, or grants or any combination of principal, negative interest loans, or grants.

(1) To provide loans for the planning, design, acquisition, construction, expansion, equipping, rehabilitation, consolidation, or refinancing of water systems or parts of water systems;

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

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

(4) To purchase bonds, notes, or other evidences of indebtedness issued by owners to finance or refinance the planning, design, acquisition, construction, expansion, equipping, rehabilitation, or consolidation of water systems or parts of water systems;

(5) To fund other water system programs that the federal or state government may allow in the future;

(6) To fund the administrative expenses of the commission relating to the responsibilities and requirements of this subchapter and the Safe Drinking Water Act;

(7) To fund technical assistance for water systems, assistance to state programs such as the public water system supervisory, source water protection, capacity development, health effects studies, unregulated contaminant monitoring, small system technical assistance, operation and training certification programs, and other purposes permitted by the Safe Drinking Water Act;

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

(9) To make grants or loans to the Construction Assistance Revolving Loan Fund established by § 15-5-901 , in amounts approved by the commission, consistent with applicable federal law;

(10) Subject to subsections (c)-(e) of this section and subject to the approval of the commission, to secure the payment of the principal of and premium, if any, and interest on bonds issued by the commission or the authority if proceeds of the bonds are deposited into the Construction Assistance Revolving Loan Fund established by § 15-5-901 , consistent with applicable federal law;

(11) Subject to subsections (c)-(e) of this section and subject to the approval of the commission, to pay the principal of and premium, if any, and interest on and to pay costs incurred in connection with bonds issued by the commission or the authority if proceeds of the bonds are deposited into the Construction Assistance Revolving Loan Fund established by § 15-5-901 , consistent with applicable federal law; or

(12) (A) To make grants for the planning, design, acquisition, construction, expansion, equipping, rehabilitation, consolidation, or refinancing of water systems or parts of water systems. (B) However, grants may be made only from moneys in the Safe Drinking Water Fund provided by the federal government under the Safe Drinking Water Act to provide additional subsidization to eligible recipients in the form of forgiveness of principal, negative interest loans, or grants or any combination of principal, negative interest loans, or grants.

(A) To make grants for the planning, design, acquisition, construction, expansion, equipping, rehabilitation, consolidation, or refinancing of water systems or parts of water systems.

(B) However, grants may be made only from moneys in the Safe Drinking Water Fund provided by the federal government under the Safe Drinking Water Act to provide additional subsidization to eligible recipients in the form of forgiveness of principal, negative interest loans, or grants or any combination of principal, negative interest loans, or grants.

(c) (1) There is established a separate account within the Safe Drinking Water Fund designated the "Drinking Water State Administrative Account", into which moneys provided by the federal government pursuant to the Safe Drinking Water Act for the purpose of administering programs funded by the Safe Drinking Water Act and fees pursuant to §§ 15-22-1106 and 15-22-1107 shall be deposited. (2) Moneys in the Drinking Water State Administrative Account may be expended by the commission for administrative costs of programs funded by the Safe Drinking Water Act. (3) Moneys in the Drinking Water State Administrative Account shall never be pledged for the payment of or as security for any bonds issued by the authority or the commission.

(1) There is established a separate account within the Safe Drinking Water Fund designated the "Drinking Water State Administrative Account", into which moneys provided by the federal government pursuant to the Safe Drinking Water Act for the purpose of administering programs funded by the Safe Drinking Water Act and fees pursuant to §§ 15-22-1106 and 15-22-1107 shall be deposited.

(2) Moneys in the Drinking Water State Administrative Account may be expended by the commission for administrative costs of programs funded by the Safe Drinking Water Act.

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

(d) (1) There is established a separate account within the Safe Drinking Water Fund designated the "Drinking Water State Set Aside Account", into which moneys provided by the federal government pursuant to the Safe Drinking Water Act for the purpose of funding costs of technical assistance to water systems, assistance to state programs such as the public water system supervisory, source water protection, capacity development, health effects studies, unregulated contaminant monitoring, small system technical assistance, and operation and training certification, and other purposes permitted by the Safe Drinking Water Act to be paid from set asides, shall be deposited. (2) Moneys in the Drinking Water State Set Aside Account may be expended for the purpose of funding the cost of assistance to water systems, assistance to state programs such as public water system supervisory, source water protection, capacity development, health effects studies, unregulated contaminant monitoring, small system technical assistance, and operator training and certification programs, and other purposes permitted by the Safe Drinking Water Act to be paid from set asides. (3) Moneys in the Drinking Water State Set Aside Account shall never be pledged for the payment of or as security for any bonds issued by the authority or the commission.

(1) There is established a separate account within the Safe Drinking Water Fund designated the "Drinking Water State Set Aside Account", into which moneys provided by the federal government pursuant to the Safe Drinking Water Act for the purpose of funding costs of technical assistance to water systems, assistance to state programs such as the public water system supervisory, source water protection, capacity development, health effects studies, unregulated contaminant monitoring, small system technical assistance, and operation and training certification, and other purposes permitted by the Safe Drinking Water Act to be paid from set asides, shall be deposited.

(2) Moneys in the Drinking Water State Set Aside Account may be expended for the purpose of funding the cost of assistance to water systems, assistance to state programs such as public water system supervisory, source water protection, capacity development, health effects studies, unregulated contaminant monitoring, small system technical assistance, and operator training and certification programs, and other purposes permitted by the Safe Drinking Water Act to be paid from set asides.

(3) Moneys in the Drinking Water State Set Aside Account shall never be pledged for the payment of or as security for any bonds issued by the authority or the commission.

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

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

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

(A) Moneys in the Drinking Water State Grants Account may be expended for the same purposes as other moneys in the Safe Drinking Water Fund.

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

(f) (1) There is established a separate account within the Safe Drinking Water Fund, designated the "Drinking Water State Revolving Loan Fund Account", into which shall be deposited moneys provided by: (A) The federal government pursuant to the Safe Drinking Water Act; (B) Proceeds of bonds issued by the commission or the authority; and (C) Other amounts, excluding state appropriations, received pursuant to § 15-22-1105 , for the purpose of providing financial assistance to owners in connection with the planning, design, acquisition, construction, expansion, equipping, or rehabilitation of a water system, or parts of a water system. (2) Moneys in the Drinking Water State Revolving Loan Fund Account may also be expended for the purposes set forth in subdivisions (b)(1)-(5) and (b)(8)-(12) of this section.

(1) There is established a separate account within the Safe Drinking Water Fund, designated the "Drinking Water State Revolving Loan Fund Account", into which shall be deposited moneys provided by: (A) The federal government pursuant to the Safe Drinking Water Act; (B) Proceeds of bonds issued by the commission or the authority; and (C) Other amounts, excluding state appropriations, received pursuant to § 15-22-1105 , for the purpose of providing financial assistance to owners in connection with the planning, design, acquisition, construction, expansion, equipping, or rehabilitation of a water system, or parts of a water system.

(A) The federal government pursuant to the Safe Drinking Water Act;

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

(C) Other amounts, excluding state appropriations, received pursuant to § 15-22-1105 , for the purpose of providing financial assistance to owners in connection with the planning, design, acquisition, construction, expansion, equipping, or rehabilitation of a water system, or parts of a water system.

for the purpose of providing financial assistance to owners in connection with the planning, design, acquisition, construction, expansion, equipping, or rehabilitation of a water system, or parts of a water system.

(2) Moneys in the Drinking Water State Revolving Loan Fund Account may also be expended for the purposes set forth in subdivisions (b)(1)-(5) and (b)(8)-(12) of this section.

(g) The commission may establish and maintain additional accounts within the Safe Drinking Water Fund or subaccounts within the accounts established by this section.

(h) The commission shall maintain the Safe Drinking Water Fund at the authority or at one (1) or more financial institutions within or without the state.

Acts 1997, No. 772, § 2; 2003, No. 465, § 2; 2009, No. 457, §§ 2, 3.
Ark. Code Ann. § 15-22-616 — AR Code / Title 15 / Chapter 22 / Subchapter 6 / Section 15-22-616
Payment of debt service - Transfer and use of funds
Status: in_force

(a) (1) On or before the commencement of each fiscal year, the Chief Fiscal Officer of the State shall: (A) Determine the estimated amount required for payment of all or a part of debt service on the bonds issued under this subchapter during that fiscal year, after making deductions therefrom of estimated moneys to be available to the Arkansas Natural Resources Commission from other sources therefor; and (B) Certify to the Treasurer of State the estimated amount referred to in subdivision (a)(1)(A) of this section. (2) The Treasurer of State shall make monthly transfers from the State Apportionment Fund to the Water Resources Development Bond Fund to provide for payment of all or part of the debt service on the bonds issued under this subchapter, of that amount of general revenues for allocation, as such a term is defined in the Revenue Stabilization Law, § 19-5-101 et seq., as shall be required to pay the maturing debt service on bonds issued under this subchapter. (b) (1) The Treasurer of State shall make any additional monthly transfer or transfers of general revenues for allocation as the Chief Fiscal Officer of the State shall certify to him or her as being required to enable the commission to establish and thereafter maintain a Water Resources Development Debt Service Reserve Fund to provide reserves for payment of debt service on the bonds. (2) The obligation to make monthly transfers of general revenues for allocation from the State Apportionment Fund to the Water Resources Development Bond Fund and to the Water Resources Development Debt Service Reserve Fund shall constitute a first charge against the general revenues for allocation prior to all other uses to which the general revenues for allocation are devoted, either under present law or under any laws that may be enacted in the future. (c) Moneys credited to the Water Resources Development Bond Fund and the Water Resources Development Debt Service Reserve Fund shall be used only for the purpose of paying debt service on the bonds, either at maturity or upon redemption prior to maturity, and for these purposes the Treasurer of State is designated the disbursing officer to administer the Water Resources Development Bond Fund and the Water Resources Development Debt Service Reserve Fund in accordance with the provisions of this subchapter. (d) The Water Resources Development Debt Service Reserve Fund shall be held and used to ensure prompt payment of debt service on the bonds in the manner and pursuant to the conditions specified by the commission in the resolution or trust indenture authorizing or securing the bonds. (e) Moneys in the Water Resources Development Bond Fund and the Water Resources Development Debt Service Reserve Fund over and above the amount necessary to ensure the prompt payment of debt service on the bonds and the establishment and maintenance of a reserve fund, if any, may be used for the redemption of bonds prior to maturity in the manner and in accordance with the provisions pertaining to redemption prior to maturity, as set forth in the resolution or trust indenture authorizing or securing the bonds. Acts 1981, No. 496, § 11; A.S.A. 1947, § 21-2311.

(a) (1) On or before the commencement of each fiscal year, the Chief Fiscal Officer of the State shall: (A) Determine the estimated amount required for payment of all or a part of debt service on the bonds issued under this subchapter during that fiscal year, after making deductions therefrom of estimated moneys to be available to the Arkansas Natural Resources Commission from other sources therefor; and (B) Certify to the Treasurer of State the estimated amount referred to in subdivision (a)(1)(A) of this section. (2) The Treasurer of State shall make monthly transfers from the State Apportionment Fund to the Water Resources Development Bond Fund to provide for payment of all or part of the debt service on the bonds issued under this subchapter, of that amount of general revenues for allocation, as such a term is defined in the Revenue Stabilization Law, § 19-5-101 et seq., as shall be required to pay the maturing debt service on bonds issued under this subchapter.

(1) On or before the commencement of each fiscal year, the Chief Fiscal Officer of the State shall: (A) Determine the estimated amount required for payment of all or a part of debt service on the bonds issued under this subchapter during that fiscal year, after making deductions therefrom of estimated moneys to be available to the Arkansas Natural Resources Commission from other sources therefor; and (B) Certify to the Treasurer of State the estimated amount referred to in subdivision (a)(1)(A) of this section.

(A) Determine the estimated amount required for payment of all or a part of debt service on the bonds issued under this subchapter during that fiscal year, after making deductions therefrom of estimated moneys to be available to the Arkansas Natural Resources Commission from other sources therefor; and

(B) Certify to the Treasurer of State the estimated amount referred to in subdivision (a)(1)(A) of this section.

(2) The Treasurer of State shall make monthly transfers from the State Apportionment Fund to the Water Resources Development Bond Fund to provide for payment of all or part of the debt service on the bonds issued under this subchapter, of that amount of general revenues for allocation, as such a term is defined in the Revenue Stabilization Law, § 19-5-101 et seq., as shall be required to pay the maturing debt service on bonds issued under this subchapter.

(b) (1) The Treasurer of State shall make any additional monthly transfer or transfers of general revenues for allocation as the Chief Fiscal Officer of the State shall certify to him or her as being required to enable the commission to establish and thereafter maintain a Water Resources Development Debt Service Reserve Fund to provide reserves for payment of debt service on the bonds. (2) The obligation to make monthly transfers of general revenues for allocation from the State Apportionment Fund to the Water Resources Development Bond Fund and to the Water Resources Development Debt Service Reserve Fund shall constitute a first charge against the general revenues for allocation prior to all other uses to which the general revenues for allocation are devoted, either under present law or under any laws that may be enacted in the future.

(1) The Treasurer of State shall make any additional monthly transfer or transfers of general revenues for allocation as the Chief Fiscal Officer of the State shall certify to him or her as being required to enable the commission to establish and thereafter maintain a Water Resources Development Debt Service Reserve Fund to provide reserves for payment of debt service on the bonds.

(2) The obligation to make monthly transfers of general revenues for allocation from the State Apportionment Fund to the Water Resources Development Bond Fund and to the Water Resources Development Debt Service Reserve Fund shall constitute a first charge against the general revenues for allocation prior to all other uses to which the general revenues for allocation are devoted, either under present law or under any laws that may be enacted in the future.

(c) Moneys credited to the Water Resources Development Bond Fund and the Water Resources Development Debt Service Reserve Fund shall be used only for the purpose of paying debt service on the bonds, either at maturity or upon redemption prior to maturity, and for these purposes the Treasurer of State is designated the disbursing officer to administer the Water Resources Development Bond Fund and the Water Resources Development Debt Service Reserve Fund in accordance with the provisions of this subchapter.

(d) The Water Resources Development Debt Service Reserve Fund shall be held and used to ensure prompt payment of debt service on the bonds in the manner and pursuant to the conditions specified by the commission in the resolution or trust indenture authorizing or securing the bonds.

(e) Moneys in the Water Resources Development Bond Fund and the Water Resources Development Debt Service Reserve Fund over and above the amount necessary to ensure the prompt payment of debt service on the bonds and the establishment and maintenance of a reserve fund, if any, may be used for the redemption of bonds prior to maturity in the manner and in accordance with the provisions pertaining to redemption prior to maturity, as set forth in the resolution or trust indenture authorizing or securing the bonds.

Acts 1981, No. 496, § 11; A.S.A. 1947, § 21-2311.
Ark. Code Ann. § 15-5-105 — AR Code / Title 15 / Chapter 5 / Subchapter 1 / Section 15-5-105
Subchapters supplemental
Status: in_force

(a) Except as stated in § 15-5-303 , it is the specific intent of this subchapter and §§ 15-5-201 - 15-5-211 , 15-5-213 , and 15-5-301 - 15-5-316 that the provisions hereof are supplemental to other constitutional and statutory provisions now existing or hereafter adopted which may provide for enhancing the Public School Fund or the financing of agricultural business enterprises, capital improvements, educational facilities, healthcare facilities, housing development, industrial enterprises, or short-term advance funding of local government obligations. (b) Nothing contained in this subchapter and §§ 15-5-201 - 15-5-211 , 15-5-213 , and 15-5-301 - 15-5-316 shall be deemed to be a restriction or limitation upon alternative means of financing previously available or hereafter made available to municipalities or counties for the purposes set forth in this subchapter and §§ 15-5-201 - 15-5-211 , 15-5-213 , and 15-5-301 - 15-5-316 . Acts 1985, No. 1062, § 25.00; A.S.A. 1947, § 13-2923; Acts 1987, No. 900, § 7.

(a) Except as stated in § 15-5-303 , it is the specific intent of this subchapter and §§ 15-5-201 - 15-5-211 , 15-5-213 , and 15-5-301 - 15-5-316 that the provisions hereof are supplemental to other constitutional and statutory provisions now existing or hereafter adopted which may provide for enhancing the Public School Fund or the financing of agricultural business enterprises, capital improvements, educational facilities, healthcare facilities, housing development, industrial enterprises, or short-term advance funding of local government obligations.

(b) Nothing contained in this subchapter and §§ 15-5-201 - 15-5-211 , 15-5-213 , and 15-5-301 - 15-5-316 shall be deemed to be a restriction or limitation upon alternative means of financing previously available or hereafter made available to municipalities or counties for the purposes set forth in this subchapter and §§ 15-5-201 - 15-5-211 , 15-5-213 , and 15-5-301 - 15-5-316 .

Acts 1985, No. 1062, § 25.00; A.S.A. 1947, § 13-2923; Acts 1987, No. 900, § 7.
Ark. Code Ann. § 15-22-1308 — AR Code / Title 15 / Chapter 22 / Subchapter 13 / Section 15-22-1308
Bonds - Issuance - Payment
Status: in_force

(a) The face of each bond shall plainly state that the bond: (1) Has been issued under this subchapter; (2) Is an obligation only of the Arkansas Natural Resources Commission; and (3) Does not constitute: (A) An indebtedness of the state; (B) An indebtedness for which the faith and credit of the state or any of its revenues are pledged; or (C) An indebtedness secured by a lien on or a security interest in any property of the state. (b) The payment of the principal of, redemption premium, if any, and interest on and the trustee's and paying agent's fees in connection with the bonds may be secured by a lien on: (1) All or any part of the: (A) Construction Assistance Revolving Loan Fund; (B) Safe Drinking Water Fund; (C) Arkansas Water Development Fund; (D) Water, Sewer, and Solid Waste Systems Revolving Fund; or (E) Arkansas Water Resources Cost Share Revolving Fund; or (2) A pledge of: (A) Bonds, notes, or other evidences of indebtedness owned or acquired by the commission and the commission's interest in any revenue derived from the bonds, notes, or other evidences of indebtedness; or (B) Any collateral security held or received by the commission, including without limitation, facilities or projects financed with proceeds of the commission's bonds. (c) It shall not be necessary to the perfection of the lien and pledge for those purposes that the trustee in connection with the bond issue or the registered owners of the bonds take possession of the bonds, notes, or other evidences of indebtedness or collateral security. Acts 2003, No. 598, § 1.

(a) The face of each bond shall plainly state that the bond: (1) Has been issued under this subchapter; (2) Is an obligation only of the Arkansas Natural Resources Commission; and (3) Does not constitute: (A) An indebtedness of the state; (B) An indebtedness for which the faith and credit of the state or any of its revenues are pledged; or (C) An indebtedness secured by a lien on or a security interest in any property of the state.

(1) Has been issued under this subchapter;

(2) Is an obligation only of the Arkansas Natural Resources Commission; and

(3) Does not constitute: (A) An indebtedness of the state; (B) An indebtedness for which the faith and credit of the state or any of its revenues are pledged; or (C) An indebtedness secured by a lien on or a security interest in any property of the state.

(A) An indebtedness of the state;

(B) An indebtedness for which the faith and credit of the state or any of its revenues are pledged; or

(C) An indebtedness secured by a lien on or a security interest in any property of the state.

(b) The payment of the principal of, redemption premium, if any, and interest on and the trustee's and paying agent's fees in connection with the bonds may be secured by a lien on: (1) All or any part of the: (A) Construction Assistance Revolving Loan Fund; (B) Safe Drinking Water Fund; (C) Arkansas Water Development Fund; (D) Water, Sewer, and Solid Waste Systems Revolving Fund; or (E) Arkansas Water Resources Cost Share Revolving Fund; or (2) A pledge of: (A) Bonds, notes, or other evidences of indebtedness owned or acquired by the commission and the commission's interest in any revenue derived from the bonds, notes, or other evidences of indebtedness; or (B) Any collateral security held or received by the commission, including without limitation, facilities or projects financed with proceeds of the commission's bonds.

(1) All or any part of the: (A) Construction Assistance Revolving Loan Fund; (B) Safe Drinking Water Fund; (C) Arkansas Water Development Fund; (D) Water, Sewer, and Solid Waste Systems Revolving Fund; or (E) Arkansas Water Resources Cost Share Revolving Fund; or

(A) Construction Assistance Revolving Loan Fund;

(B) Safe Drinking Water Fund;

(C) Arkansas Water Development Fund;

(D) Water, Sewer, and Solid Waste Systems Revolving Fund; or

(E) Arkansas Water Resources Cost Share Revolving Fund; or

(2) A pledge of: (A) Bonds, notes, or other evidences of indebtedness owned or acquired by the commission and the commission's interest in any revenue derived from the bonds, notes, or other evidences of indebtedness; or (B) Any collateral security held or received by the commission, including without limitation, facilities or projects financed with proceeds of the commission's bonds.

(A) Bonds, notes, or other evidences of indebtedness owned or acquired by the commission and the commission's interest in any revenue derived from the bonds, notes, or other evidences of indebtedness; or

(B) Any collateral security held or received by the commission, including without limitation, facilities or projects financed with proceeds of the commission's bonds.

(c) It shall not be necessary to the perfection of the lien and pledge for those purposes that the trustee in connection with the bond issue or the registered owners of the bonds take possession of the bonds, notes, or other evidences of indebtedness or collateral security.

Acts 2003, No. 598, § 1.
Ark. Code Ann. § 15-4-3005 — AR Code / Title 15 / Chapter 4 / Subchapter 30 / Section 15-4-3005
State of Arkansas Economic Development General Obligation Bonds
Status: in_force

(a) The Arkansas Development Finance Authority may issue bonds of the State of Arkansas, to be known as "State of Arkansas Economic Development General Obligation Bonds", in total principal amount not to exceed four hundred million dollars ($400,000,000) for the purposes authorized in this subchapter. (b) The bonds may be issued in one (1) or more series, as required, subject to the conditions and in compliance with the procedures provided by this subchapter. (c) The total principal amount of bonds to be issued during any fiscal biennium shall not exceed sixty million dollars ($60,000,000) unless the General Assembly shall have authorized by law a greater principal amount to be issued during a fiscal biennium. (d) Before any bonds may be issued during any fiscal biennium, the Arkansas Economic Development Commission and the authority shall submit the plan to the Legislative Council and the Governor. (e) (1) Upon receipt of the plan, the Governor shall confer with the Chief Fiscal Officer of the State concerning whether, after utilization of the balance in the Economic Development Superprojects Project Fund, any amount of general revenues will be required to be set aside for payment of debt service requirements in connection with the bonds during either year of the fiscal biennium in which the bonds are to be issued and, if any general funds are required to be used, whether such a use would cause an undue hardship upon any agency or program supported from the general revenues under the Revenue Stabilization Law, § 19-5-101 et seq. (2) The commission's written plan shall set forth: (A) A description of the project or projects to be financed with the proceeds derived from the sale of the bonds; (B) A description of the economic impact and cost benefit of the proposed project or projects; (C) The amount of bonds necessary to be issued to defray project costs and a budget of those project costs; (D) A certification by the Director of the Arkansas Economic Development Commission that each project to benefit from the expenditure of the proceeds of the bonds consists of an investment in the state of not less than four hundred million dollars ($400,000,000) and the creation of no fewer than four hundred (400) new permanent full-time jobs; and (E) A tentative time schedule setting forth the period of time during which the sum requested is to be expended. (3) The authority's written plan shall set forth: (A) A debt service table showing the annual principal and interest requirements for any bonds outstanding and to be issued; and (B) A recommended plan of marketing for the bonds and proposed schedule of issuance dates based on the commission's proposed spending schedule. (f) (1) Upon the conclusion of the conference and after obtaining the advice of the Legislative Council, the Governor may by proclamation authorize the authority to proceed with the issuance of the bonds, in one (1) or more series, up to the maximum principal amount approved by the Governor for the fiscal biennium. (2) If the Legislative Council fails to advise the Governor within thirty (30) calendar days after receipt of the request for advice, the Governor may proceed to issue the proclamation. (g) (1) If the Governor declines or refuses to give his or her approval for the issuance of the bonds, the Governor shall promptly notify the authority in writing, and the bonds shall not be issued. (2) The authority may resubmit a request to the Governor for the approval of the issuance of the bonds. (3) The issue as resubmitted to the Governor shall be dealt with in the same manner as provided for the initial request to issue the bonds. Amended by Act 2019, No. 910,§ 418, eff. 7/1/2019. Acts 2003, No. 1751, § 5.

(a) The Arkansas Development Finance Authority may issue bonds of the State of Arkansas, to be known as "State of Arkansas Economic Development General Obligation Bonds", in total principal amount not to exceed four hundred million dollars ($400,000,000) for the purposes authorized in this subchapter.

(b) The bonds may be issued in one (1) or more series, as required, subject to the conditions and in compliance with the procedures provided by this subchapter.

(c) The total principal amount of bonds to be issued during any fiscal biennium shall not exceed sixty million dollars ($60,000,000) unless the General Assembly shall have authorized by law a greater principal amount to be issued during a fiscal biennium.

(d) Before any bonds may be issued during any fiscal biennium, the Arkansas Economic Development Commission and the authority shall submit the plan to the Legislative Council and the Governor.

(e) (1) Upon receipt of the plan, the Governor shall confer with the Chief Fiscal Officer of the State concerning whether, after utilization of the balance in the Economic Development Superprojects Project Fund, any amount of general revenues will be required to be set aside for payment of debt service requirements in connection with the bonds during either year of the fiscal biennium in which the bonds are to be issued and, if any general funds are required to be used, whether such a use would cause an undue hardship upon any agency or program supported from the general revenues under the Revenue Stabilization Law, § 19-5-101 et seq. (2) The commission's written plan shall set forth: (A) A description of the project or projects to be financed with the proceeds derived from the sale of the bonds; (B) A description of the economic impact and cost benefit of the proposed project or projects; (C) The amount of bonds necessary to be issued to defray project costs and a budget of those project costs; (D) A certification by the Director of the Arkansas Economic Development Commission that each project to benefit from the expenditure of the proceeds of the bonds consists of an investment in the state of not less than four hundred million dollars ($400,000,000) and the creation of no fewer than four hundred (400) new permanent full-time jobs; and (E) A tentative time schedule setting forth the period of time during which the sum requested is to be expended. (3) The authority's written plan shall set forth: (A) A debt service table showing the annual principal and interest requirements for any bonds outstanding and to be issued; and (B) A recommended plan of marketing for the bonds and proposed schedule of issuance dates based on the commission's proposed spending schedule.

(1) Upon receipt of the plan, the Governor shall confer with the Chief Fiscal Officer of the State concerning whether, after utilization of the balance in the Economic Development Superprojects Project Fund, any amount of general revenues will be required to be set aside for payment of debt service requirements in connection with the bonds during either year of the fiscal biennium in which the bonds are to be issued and, if any general funds are required to be used, whether such a use would cause an undue hardship upon any agency or program supported from the general revenues under the Revenue Stabilization Law, § 19-5-101 et seq.

(2) The commission's written plan shall set forth: (A) A description of the project or projects to be financed with the proceeds derived from the sale of the bonds; (B) A description of the economic impact and cost benefit of the proposed project or projects; (C) The amount of bonds necessary to be issued to defray project costs and a budget of those project costs; (D) A certification by the Director of the Arkansas Economic Development Commission that each project to benefit from the expenditure of the proceeds of the bonds consists of an investment in the state of not less than four hundred million dollars ($400,000,000) and the creation of no fewer than four hundred (400) new permanent full-time jobs; and (E) A tentative time schedule setting forth the period of time during which the sum requested is to be expended.

(A) A description of the project or projects to be financed with the proceeds derived from the sale of the bonds;

(B) A description of the economic impact and cost benefit of the proposed project or projects;

(C) The amount of bonds necessary to be issued to defray project costs and a budget of those project costs;

(D) A certification by the Director of the Arkansas Economic Development Commission that each project to benefit from the expenditure of the proceeds of the bonds consists of an investment in the state of not less than four hundred million dollars ($400,000,000) and the creation of no fewer than four hundred (400) new permanent full-time jobs; and

(E) A tentative time schedule setting forth the period of time during which the sum requested is to be expended.

(3) The authority's written plan shall set forth: (A) A debt service table showing the annual principal and interest requirements for any bonds outstanding and to be issued; and (B) A recommended plan of marketing for the bonds and proposed schedule of issuance dates based on the commission's proposed spending schedule.

(A) A debt service table showing the annual principal and interest requirements for any bonds outstanding and to be issued; and

(B) A recommended plan of marketing for the bonds and proposed schedule of issuance dates based on the commission's proposed spending schedule.

(f) (1) Upon the conclusion of the conference and after obtaining the advice of the Legislative Council, the Governor may by proclamation authorize the authority to proceed with the issuance of the bonds, in one (1) or more series, up to the maximum principal amount approved by the Governor for the fiscal biennium. (2) If the Legislative Council fails to advise the Governor within thirty (30) calendar days after receipt of the request for advice, the Governor may proceed to issue the proclamation.

(1) Upon the conclusion of the conference and after obtaining the advice of the Legislative Council, the Governor may by proclamation authorize the authority to proceed with the issuance of the bonds, in one (1) or more series, up to the maximum principal amount approved by the Governor for the fiscal biennium.

(2) If the Legislative Council fails to advise the Governor within thirty (30) calendar days after receipt of the request for advice, the Governor may proceed to issue the proclamation.

(g) (1) If the Governor declines or refuses to give his or her approval for the issuance of the bonds, the Governor shall promptly notify the authority in writing, and the bonds shall not be issued. (2) The authority may resubmit a request to the Governor for the approval of the issuance of the bonds. (3) The issue as resubmitted to the Governor shall be dealt with in the same manner as provided for the initial request to issue the bonds.

(1) If the Governor declines or refuses to give his or her approval for the issuance of the bonds, the Governor shall promptly notify the authority in writing, and the bonds shall not be issued.

(2) The authority may resubmit a request to the Governor for the approval of the issuance of the bonds.

(3) The issue as resubmitted to the Governor shall be dealt with in the same manner as provided for the initial request to issue the bonds.

Amended by Act 2019, No. 910,§ 418, eff. 7/1/2019.

Acts 2003, No. 1751, § 5.
Ark. Code Ann. § 15-4-1014 — AR Code / Title 15 / Chapter 4 / Subchapter 10 / Section 15-4-1014
[Repealed]
Status: repealed

Repealed by Act 2017, No. 426,§ 4, eff. 8/1/2017. Acts 1985, No. 410, § 12; A.S.A. 1947, § 67-1638; Acts 2003, No. 860, § 6.

Repealed by Act 2017, No. 426,§ 4, eff. 8/1/2017.

Acts 1985, No. 410, § 12; A.S.A. 1947, § 67-1638; Acts 2003, No. 860, § 6.
Ark. Code Ann. § 15-3-601 — AR Code / Title 15 / Chapter 3 / Subchapter 6 / Section 15-3-601
Title
Status: in_force

This subchapter shall be known and may be cited as the "Arkansas Business and Technology Accelerator Act". Added by Act 2017, No. 165,§ 2, eff. 10/1/2017.

This subchapter shall be known and may be cited as the "Arkansas Business and Technology Accelerator Act".

Added by Act 2017, No. 165,§ 2, eff. 10/1/2017.
Ark. Code Ann. § 15-4-1805 — AR Code / Title 15 / Chapter 4 / Subchapter 18 / Section 15-4-1805
Application - Hearings
Status: in_force

(a) After reviewing the application and upon reasonable notice to the applicant, the State Board of Finance shall hold a public hearing on the application. (b) (1) The board shall give notice of the time, place, and purpose of the public hearing by publication one (1) time in a newspaper of general circulation within the boundaries of the applicant, the publication to be not less than ten (10) calendar days prior to the hearing. (2) The notice shall describe generally the eligible facility for which state assistance has been requested and shall contain a brief description of the procedural steps to be taken in connection with the application and the financing of the eligible facility. (c) At the public hearing, representatives of the applicant and any other interested persons may appear and present evidence and argument in support of or in opposition to the application, and the board may present additional evidence. Acts 1993, No. 1165, § 6.

(a) After reviewing the application and upon reasonable notice to the applicant, the State Board of Finance shall hold a public hearing on the application.

(b) (1) The board shall give notice of the time, place, and purpose of the public hearing by publication one (1) time in a newspaper of general circulation within the boundaries of the applicant, the publication to be not less than ten (10) calendar days prior to the hearing. (2) The notice shall describe generally the eligible facility for which state assistance has been requested and shall contain a brief description of the procedural steps to be taken in connection with the application and the financing of the eligible facility.

(1) The board shall give notice of the time, place, and purpose of the public hearing by publication one (1) time in a newspaper of general circulation within the boundaries of the applicant, the publication to be not less than ten (10) calendar days prior to the hearing.

(2) The notice shall describe generally the eligible facility for which state assistance has been requested and shall contain a brief description of the procedural steps to be taken in connection with the application and the financing of the eligible facility.

(c) At the public hearing, representatives of the applicant and any other interested persons may appear and present evidence and argument in support of or in opposition to the application, and the board may present additional evidence.

Acts 1993, No. 1165, § 6.
Ark. Code Ann. § 15-20-1311 — AR Code / Title 15 / Chapter 20 / Subchapter 13 / Section 15-20-1311
Payment of debt service on the bonds
Status: in_force

(a) (1) On or before the commencement of each fiscal year, the Chief Fiscal Officer of the State shall determine the estimated amount required for payment of all or a part of the debt service on the bonds issued under this subchapter during the fiscal year and deduct from the estimated moneys to be available to the Arkansas Natural Resources Commission from other sources to determine what amount of general revenues of the state will be required. (2) The Chief Fiscal Officer of the State shall certify the estimated amount to the Treasurer of State. (3) The Treasurer of State shall then make monthly transfers from the State Apportionment Fund to the Water, Waste Disposal, and Pollution Abatement Facilities Financing Act of 2007 Bond Fund of the amount of general revenues of the state required to pay the maturing debt service on bonds issued under this subchapter. (b) (1) The obligation to make monthly transfers of general revenues of the state from the State Apportionment Fund to the Water, Waste Disposal, and Pollution Abatement Facilities Financing Act of 2007 Bond Fund shall constitute a first charge against the general revenues of the state prior to all other uses to which the general revenues of the state are devoted, either under present law or under any laws that may be enacted in the future. (2) However, to the extent other general obligation bonds of the state have been issued or may subsequently be issued, all general obligation bonds shall rank on a parity of security with respect to payment from general revenues of the state. (c) Moneys credited to the Water, Waste Disposal, and Pollution Abatement Facilities Financing Act of 2007 Bond Fund shall be used only to pay debt service on the bonds, either at maturity or upon redemption prior to maturity, and for such purposes the Treasurer of State is designated disbursing officer to administer such funds in accordance with this subchapter. (d) Moneys in the Water, Waste Disposal, and Pollution Abatement Facilities Financing Act of 2007 Bond Fund over and above the amount necessary to ensure the prompt payment of debt service on the bonds and the establishment and maintenance of a reserve fund, if any, may be used for the redemption of bonds prior to maturity under the provisions pertaining to redemption prior to maturity, as set forth in the resolution or trust indenture authorizing or securing the bonds. Acts 2007, No. 631, § 1; 2009, No. 481, § 6.

(a) (1) On or before the commencement of each fiscal year, the Chief Fiscal Officer of the State shall determine the estimated amount required for payment of all or a part of the debt service on the bonds issued under this subchapter during the fiscal year and deduct from the estimated moneys to be available to the Arkansas Natural Resources Commission from other sources to determine what amount of general revenues of the state will be required. (2) The Chief Fiscal Officer of the State shall certify the estimated amount to the Treasurer of State. (3) The Treasurer of State shall then make monthly transfers from the State Apportionment Fund to the Water, Waste Disposal, and Pollution Abatement Facilities Financing Act of 2007 Bond Fund of the amount of general revenues of the state required to pay the maturing debt service on bonds issued under this subchapter.

(1) On or before the commencement of each fiscal year, the Chief Fiscal Officer of the State shall determine the estimated amount required for payment of all or a part of the debt service on the bonds issued under this subchapter during the fiscal year and deduct from the estimated moneys to be available to the Arkansas Natural Resources Commission from other sources to determine what amount of general revenues of the state will be required.

(2) The Chief Fiscal Officer of the State shall certify the estimated amount to the Treasurer of State.

(3) The Treasurer of State shall then make monthly transfers from the State Apportionment Fund to the Water, Waste Disposal, and Pollution Abatement Facilities Financing Act of 2007 Bond Fund of the amount of general revenues of the state required to pay the maturing debt service on bonds issued under this subchapter.

(b) (1) The obligation to make monthly transfers of general revenues of the state from the State Apportionment Fund to the Water, Waste Disposal, and Pollution Abatement Facilities Financing Act of 2007 Bond Fund shall constitute a first charge against the general revenues of the state prior to all other uses to which the general revenues of the state are devoted, either under present law or under any laws that may be enacted in the future. (2) However, to the extent other general obligation bonds of the state have been issued or may subsequently be issued, all general obligation bonds shall rank on a parity of security with respect to payment from general revenues of the state.

(1) The obligation to make monthly transfers of general revenues of the state from the State Apportionment Fund to the Water, Waste Disposal, and Pollution Abatement Facilities Financing Act of 2007 Bond Fund shall constitute a first charge against the general revenues of the state prior to all other uses to which the general revenues of the state are devoted, either under present law or under any laws that may be enacted in the future.

(2) However, to the extent other general obligation bonds of the state have been issued or may subsequently be issued, all general obligation bonds shall rank on a parity of security with respect to payment from general revenues of the state.

(c) Moneys credited to the Water, Waste Disposal, and Pollution Abatement Facilities Financing Act of 2007 Bond Fund shall be used only to pay debt service on the bonds, either at maturity or upon redemption prior to maturity, and for such purposes the Treasurer of State is designated disbursing officer to administer such funds in accordance with this subchapter.

(d) Moneys in the Water, Waste Disposal, and Pollution Abatement Facilities Financing Act of 2007 Bond Fund over and above the amount necessary to ensure the prompt payment of debt service on the bonds and the establishment and maintenance of a reserve fund, if any, may be used for the redemption of bonds prior to maturity under the provisions pertaining to redemption prior to maturity, as set forth in the resolution or trust indenture authorizing or securing the bonds.

Acts 2007, No. 631, § 1; 2009, No. 481, § 6.
Ark. Code Ann. § 15-4-1024 — AR Code / Title 15 / Chapter 4 / Subchapter 10 / Section 15-4-1024
[Repealed]
Status: repealed

Repealed by Act 2017, No. 426,§ 4, eff. 8/1/2017. Acts 1985, No. 410, § 24; A.S.A. 1947, § 67-1650; Acts 2003, No. 860, § 8.

Repealed by Act 2017, No. 426,§ 4, eff. 8/1/2017.

Acts 1985, No. 410, § 24; A.S.A. 1947, § 67-1650; Acts 2003, No. 860, § 8.
Ark. Code Ann. § 15-76-315 — AR Code / Title 15 / Chapter 76 / Subchapter 3 / Section 15-76-315
Valuation of brine
Status: in_force

(a) (1) (A) The value of brine during any given year with respect to any unit established hereunder and for all purposes hereof shall be deemed to be the average price at which the operator of the unit has purchased or sold brine in Arkansas adjusted to reflect concentrations of ions, temperature, other relevant physical and chemical specifications, and delivery point. (B) However, for purposes of this subchapter, the value shall not apply to any unit created hereunder until there shall have been actual bona fide sales or purchases of brine by the operator in sufficient volumes and under such circumstances as would establish a bona fide market value for brine from that unit. (2) In any action by any owner against the operator of the unit for an appropriate accounting for royalty, the burden of proof that the value as determined hereunder constitutes a fair and reasonable market value of brine produced from the unit shall be upon the operator of the unit. (3) However, no valuation of brine or any other alternate method of computing royalty or in lieu of royalty shall ever result in compensation which is less than thirty-two dollars ($32.00) per acre per year, as increased or decreased annually based on changes in the Producer Price Index for processed goods for intermediate demand published by the United States Bureau of Labor Statistics, or its successor. (4) (A) The adjustment will be made effective as of June 1 of each year and will remain effective for payments made from June 1 of that year until May 31 of the following year. (B) The adjustment made each year will be based on the change in the index from December of the previous year relative to the base index of March, 1995. (C) The formula to make the adjustment is as follows: New in-lieu royalty payment = Base in-lieu royalty payment multiplied times A divided by B Where: (i) Base in-lieu royalty payment = $32.00 per acre; (ii) (a) A = Index for the month of December prior to the year the adjustment is made, as increased or decreased annually. (b) The index is the Producer Price Index for processed goods for intermediate demand as published by the United States Bureau of Labor Statistics, in Producer Price Indexes, Table 2 for intermediate demand by commodity type; and (iii) B = The March 1995 Producer Price Index for Intermediate Materials, Supplies and Components as published by the United States Bureau of Labor Statistics, in Producer Price Indexes, Table 2 for selected commodity groupings. (D) (i) The base price in lieu of royalty payment of thirty-two dollars ($32.00) per acre will remain effective from April 1, 1995, until May 31, 1996. (ii) The first adjustment to the base payment will be made effective as of June 1, 1996, and will remain effective for the following year until May 31, 1997. (iii) Successive adjustments will be made effective as of June 1 each year thereafter and shall remain in effect until May 31 of the following year. (b) (1) In the event that, during a given year, an operator makes no sales or purchases of brine qualifying for use under subsection (a) of this section, the value of brine for that year for brine produced by the operator from a particular unit for all purposes hereof shall be determined by the Oil and Gas Commission by multiplying the number of acres in that particular unit by eight (8) times the weighted average of lease compensation per acre or other in lieu of royalty payment agreed to between the producer thereof and the owners of brine interests in that unit, divided by the total production of brine in barrels for the given year. (2) (A) If there are no sales or purchases of brine for two (2) or more consecutive years, the value of brine for each consecutive year after the first year in which there are no such sales shall be the value initially determined in subdivision (b)(1) of this section, increased or decreased annually using the Producer Price Index for processed goods for intermediate demand published by the United States Bureau of Labor Statistics, in Producer Price Indexes, Table 2 for intermediate demand by commodity type. (B) The adjustment will be made prior to June 1 and the new price per acre will be effective on June 1 of each year using the value of the index for the previous December based on the change in the index from March 1995 to the previous December. (C) The formula to make the adjustment is as set forth in subdivision (a)(4)(C) of this section. (3) For purposes of calculating the value of the royalty interest under § 15-76-314(h) , the value of brine as initially determined and as increased or decreased under this subsection shall not be less than the value of brine as initially determined under this subsection by utilizing an average annual lease compensation or payment in lieu of royalty equivalent to thirty-two dollars ($32.00) per acre. (c) (1) In addition to any other amounts due and owing by the producer or producers of any unit to the owners therein, the producer or producers shall account separately and on a fair and equitable basis to each owner in the unit for all substances which are found by the commission to be profitably extracted from brine by a producer and which were not extracted by a producer on January 1, 1979. (2) Whether or not any such substance is extracted profitably shall be determined by the commission on the basis of the value at the time of extraction, without interest, after deducting all costs of producing and recovering the same. (3) (A) Except as provided in subdivision (c)(3)(B) of this section, the accounting by the producer shall be on a quarterly basis and shall be accompanied by payments due to royalty owners. The producer's responsibility for making royalty payments shall commence upon the occurrence of either of the two (2) following events: (i) The date of filing of a petition for an accounting; or (ii) The time of the profitable extraction of other substances. (B) The accounting and corresponding royalty payments may be made on an annual basis for the aggregate of up to four (4) quarters of accumulated royalties if the aggregate amount owed to a royalty owner is one hundred dollars ($100) or less. Amended by Act 2015, No. 89,§ 10, eff. 2/13/2015. Amended by Act 2015, No. 89,§ 9, eff. 2/13/2015. Amended by Act 2015, No. 89,§ 8, eff. 2/13/2015. Amended by Act 2015, No. 89,§ 7, eff. 2/13/2015. Acts 1979, No. 937, § 8; A.S.A. 1947, § 53-1308; Acts 1995, No. 1287, § 1; 2011, No. 169, § 1.

(a) (1) (A) The value of brine during any given year with respect to any unit established hereunder and for all purposes hereof shall be deemed to be the average price at which the operator of the unit has purchased or sold brine in Arkansas adjusted to reflect concentrations of ions, temperature, other relevant physical and chemical specifications, and delivery point. (B) However, for purposes of this subchapter, the value shall not apply to any unit created hereunder until there shall have been actual bona fide sales or purchases of brine by the operator in sufficient volumes and under such circumstances as would establish a bona fide market value for brine from that unit. (2) In any action by any owner against the operator of the unit for an appropriate accounting for royalty, the burden of proof that the value as determined hereunder constitutes a fair and reasonable market value of brine produced from the unit shall be upon the operator of the unit. (3) However, no valuation of brine or any other alternate method of computing royalty or in lieu of royalty shall ever result in compensation which is less than thirty-two dollars ($32.00) per acre per year, as increased or decreased annually based on changes in the Producer Price Index for processed goods for intermediate demand published by the United States Bureau of Labor Statistics, or its successor. (4) (A) The adjustment will be made effective as of June 1 of each year and will remain effective for payments made from June 1 of that year until May 31 of the following year. (B) The adjustment made each year will be based on the change in the index from December of the previous year relative to the base index of March, 1995. (C) The formula to make the adjustment is as follows: New in-lieu royalty payment = Base in-lieu royalty payment multiplied times A divided by B Where: (i) Base in-lieu royalty payment = $32.00 per acre; (ii) (a) A = Index for the month of December prior to the year the adjustment is made, as increased or decreased annually. (b) The index is the Producer Price Index for processed goods for intermediate demand as published by the United States Bureau of Labor Statistics, in Producer Price Indexes, Table 2 for intermediate demand by commodity type; and (iii) B = The March 1995 Producer Price Index for Intermediate Materials, Supplies and Components as published by the United States Bureau of Labor Statistics, in Producer Price Indexes, Table 2 for selected commodity groupings. (D) (i) The base price in lieu of royalty payment of thirty-two dollars ($32.00) per acre will remain effective from April 1, 1995, until May 31, 1996. (ii) The first adjustment to the base payment will be made effective as of June 1, 1996, and will remain effective for the following year until May 31, 1997. (iii) Successive adjustments will be made effective as of June 1 each year thereafter and shall remain in effect until May 31 of the following year.

(1) (A) The value of brine during any given year with respect to any unit established hereunder and for all purposes hereof shall be deemed to be the average price at which the operator of the unit has purchased or sold brine in Arkansas adjusted to reflect concentrations of ions, temperature, other relevant physical and chemical specifications, and delivery point. (B) However, for purposes of this subchapter, the value shall not apply to any unit created hereunder until there shall have been actual bona fide sales or purchases of brine by the operator in sufficient volumes and under such circumstances as would establish a bona fide market value for brine from that unit.

(A) The value of brine during any given year with respect to any unit established hereunder and for all purposes hereof shall be deemed to be the average price at which the operator of the unit has purchased or sold brine in Arkansas adjusted to reflect concentrations of ions, temperature, other relevant physical and chemical specifications, and delivery point.

(B) However, for purposes of this subchapter, the value shall not apply to any unit created hereunder until there shall have been actual bona fide sales or purchases of brine by the operator in sufficient volumes and under such circumstances as would establish a bona fide market value for brine from that unit.

(2) In any action by any owner against the operator of the unit for an appropriate accounting for royalty, the burden of proof that the value as determined hereunder constitutes a fair and reasonable market value of brine produced from the unit shall be upon the operator of the unit.

(3) However, no valuation of brine or any other alternate method of computing royalty or in lieu of royalty shall ever result in compensation which is less than thirty-two dollars ($32.00) per acre per year, as increased or decreased annually based on changes in the Producer Price Index for processed goods for intermediate demand published by the United States Bureau of Labor Statistics, or its successor.

(4) (A) The adjustment will be made effective as of June 1 of each year and will remain effective for payments made from June 1 of that year until May 31 of the following year. (B) The adjustment made each year will be based on the change in the index from December of the previous year relative to the base index of March, 1995. (C) The formula to make the adjustment is as follows: New in-lieu royalty payment = Base in-lieu royalty payment multiplied times A divided by B Where: (i) Base in-lieu royalty payment = $32.00 per acre; (ii) (a) A = Index for the month of December prior to the year the adjustment is made, as increased or decreased annually. (b) The index is the Producer Price Index for processed goods for intermediate demand as published by the United States Bureau of Labor Statistics, in Producer Price Indexes, Table 2 for intermediate demand by commodity type; and (iii) B = The March 1995 Producer Price Index for Intermediate Materials, Supplies and Components as published by the United States Bureau of Labor Statistics, in Producer Price Indexes, Table 2 for selected commodity groupings. (D) (i) The base price in lieu of royalty payment of thirty-two dollars ($32.00) per acre will remain effective from April 1, 1995, until May 31, 1996. (ii) The first adjustment to the base payment will be made effective as of June 1, 1996, and will remain effective for the following year until May 31, 1997. (iii) Successive adjustments will be made effective as of June 1 each year thereafter and shall remain in effect until May 31 of the following year.

(A) The adjustment will be made effective as of June 1 of each year and will remain effective for payments made from June 1 of that year until May 31 of the following year.

(B) The adjustment made each year will be based on the change in the index from December of the previous year relative to the base index of March, 1995.

(C) The formula to make the adjustment is as follows: New in-lieu royalty payment = Base in-lieu royalty payment multiplied times A divided by B Where: (i) Base in-lieu royalty payment = $32.00 per acre; (ii) (a) A = Index for the month of December prior to the year the adjustment is made, as increased or decreased annually. (b) The index is the Producer Price Index for processed goods for intermediate demand as published by the United States Bureau of Labor Statistics, in Producer Price Indexes, Table 2 for intermediate demand by commodity type; and (iii) B = The March 1995 Producer Price Index for Intermediate Materials, Supplies and Components as published by the United States Bureau of Labor Statistics, in Producer Price Indexes, Table 2 for selected commodity groupings.

New in-lieu royalty payment = Base in-lieu royalty payment multiplied times A divided by B

Where:

(i) Base in-lieu royalty payment = $32.00 per acre;

(ii) (a) A = Index for the month of December prior to the year the adjustment is made, as increased or decreased annually. (b) The index is the Producer Price Index for processed goods for intermediate demand as published by the United States Bureau of Labor Statistics, in Producer Price Indexes, Table 2 for intermediate demand by commodity type; and

(a) A = Index for the month of December prior to the year the adjustment is made, as increased or decreased annually.

(b) The index is the Producer Price Index for processed goods for intermediate demand as published by the United States Bureau of Labor Statistics, in Producer Price Indexes, Table 2 for intermediate demand by commodity type; and

(iii) B = The March 1995 Producer Price Index for Intermediate Materials, Supplies and Components as published by the United States Bureau of Labor Statistics, in Producer Price Indexes, Table 2 for selected commodity groupings.

(D) (i) The base price in lieu of royalty payment of thirty-two dollars ($32.00) per acre will remain effective from April 1, 1995, until May 31, 1996. (ii) The first adjustment to the base payment will be made effective as of June 1, 1996, and will remain effective for the following year until May 31, 1997. (iii) Successive adjustments will be made effective as of June 1 each year thereafter and shall remain in effect until May 31 of the following year.

(i) The base price in lieu of royalty payment of thirty-two dollars ($32.00) per acre will remain effective from April 1, 1995, until May 31, 1996.

(ii) The first adjustment to the base payment will be made effective as of June 1, 1996, and will remain effective for the following year until May 31, 1997.

(iii) Successive adjustments will be made effective as of June 1 each year thereafter and shall remain in effect until May 31 of the following year.

(b) (1) In the event that, during a given year, an operator makes no sales or purchases of brine qualifying for use under subsection (a) of this section, the value of brine for that year for brine produced by the operator from a particular unit for all purposes hereof shall be determined by the Oil and Gas Commission by multiplying the number of acres in that particular unit by eight (8) times the weighted average of lease compensation per acre or other in lieu of royalty payment agreed to between the producer thereof and the owners of brine interests in that unit, divided by the total production of brine in barrels for the given year. (2) (A) If there are no sales or purchases of brine for two (2) or more consecutive years, the value of brine for each consecutive year after the first year in which there are no such sales shall be the value initially determined in subdivision (b)(1) of this section, increased or decreased annually using the Producer Price Index for processed goods for intermediate demand published by the United States Bureau of Labor Statistics, in Producer Price Indexes, Table 2 for intermediate demand by commodity type. (B) The adjustment will be made prior to June 1 and the new price per acre will be effective on June 1 of each year using the value of the index for the previous December based on the change in the index from March 1995 to the previous December. (C) The formula to make the adjustment is as set forth in subdivision (a)(4)(C) of this section. (3) For purposes of calculating the value of the royalty interest under § 15-76-314(h) , the value of brine as initially determined and as increased or decreased under this subsection shall not be less than the value of brine as initially determined under this subsection by utilizing an average annual lease compensation or payment in lieu of royalty equivalent to thirty-two dollars ($32.00) per acre.

(1) In the event that, during a given year, an operator makes no sales or purchases of brine qualifying for use under subsection (a) of this section, the value of brine for that year for brine produced by the operator from a particular unit for all purposes hereof shall be determined by the Oil and Gas Commission by multiplying the number of acres in that particular unit by eight (8) times the weighted average of lease compensation per acre or other in lieu of royalty payment agreed to between the producer thereof and the owners of brine interests in that unit, divided by the total production of brine in barrels for the given year.

(2) (A) If there are no sales or purchases of brine for two (2) or more consecutive years, the value of brine for each consecutive year after the first year in which there are no such sales shall be the value initially determined in subdivision (b)(1) of this section, increased or decreased annually using the Producer Price Index for processed goods for intermediate demand published by the United States Bureau of Labor Statistics, in Producer Price Indexes, Table 2 for intermediate demand by commodity type. (B) The adjustment will be made prior to June 1 and the new price per acre will be effective on June 1 of each year using the value of the index for the previous December based on the change in the index from March 1995 to the previous December. (C) The formula to make the adjustment is as set forth in subdivision (a)(4)(C) of this section.

(A) If there are no sales or purchases of brine for two (2) or more consecutive years, the value of brine for each consecutive year after the first year in which there are no such sales shall be the value initially determined in subdivision (b)(1) of this section, increased or decreased annually using the Producer Price Index for processed goods for intermediate demand published by the United States Bureau of Labor Statistics, in Producer Price Indexes, Table 2 for intermediate demand by commodity type.

(B) The adjustment will be made prior to June 1 and the new price per acre will be effective on June 1 of each year using the value of the index for the previous December based on the change in the index from March 1995 to the previous December.

(C) The formula to make the adjustment is as set forth in subdivision (a)(4)(C) of this section.

(3) For purposes of calculating the value of the royalty interest under § 15-76-314(h) , the value of brine as initially determined and as increased or decreased under this subsection shall not be less than the value of brine as initially determined under this subsection by utilizing an average annual lease compensation or payment in lieu of royalty equivalent to thirty-two dollars ($32.00) per acre.

(c) (1) In addition to any other amounts due and owing by the producer or producers of any unit to the owners therein, the producer or producers shall account separately and on a fair and equitable basis to each owner in the unit for all substances which are found by the commission to be profitably extracted from brine by a producer and which were not extracted by a producer on January 1, 1979. (2) Whether or not any such substance is extracted profitably shall be determined by the commission on the basis of the value at the time of extraction, without interest, after deducting all costs of producing and recovering the same. (3) (A) Except as provided in subdivision (c)(3)(B) of this section, the accounting by the producer shall be on a quarterly basis and shall be accompanied by payments due to royalty owners. The producer's responsibility for making royalty payments shall commence upon the occurrence of either of the two (2) following events: (i) The date of filing of a petition for an accounting; or (ii) The time of the profitable extraction of other substances. (B) The accounting and corresponding royalty payments may be made on an annual basis for the aggregate of up to four (4) quarters of accumulated royalties if the aggregate amount owed to a royalty owner is one hundred dollars ($100) or less.

(1) In addition to any other amounts due and owing by the producer or producers of any unit to the owners therein, the producer or producers shall account separately and on a fair and equitable basis to each owner in the unit for all substances which are found by the commission to be profitably extracted from brine by a producer and which were not extracted by a producer on January 1, 1979.

(2) Whether or not any such substance is extracted profitably shall be determined by the commission on the basis of the value at the time of extraction, without interest, after deducting all costs of producing and recovering the same.

(3) (A) Except as provided in subdivision (c)(3)(B) of this section, the accounting by the producer shall be on a quarterly basis and shall be accompanied by payments due to royalty owners. The producer's responsibility for making royalty payments shall commence upon the occurrence of either of the two (2) following events: (i) The date of filing of a petition for an accounting; or (ii) The time of the profitable extraction of other substances. (B) The accounting and corresponding royalty payments may be made on an annual basis for the aggregate of up to four (4) quarters of accumulated royalties if the aggregate amount owed to a royalty owner is one hundred dollars ($100) or less.

(A) Except as provided in subdivision (c)(3)(B) of this section, the accounting by the producer shall be on a quarterly basis and shall be accompanied by payments due to royalty owners. The producer's responsibility for making royalty payments shall commence upon the occurrence of either of the two (2) following events: (i) The date of filing of a petition for an accounting; or (ii) The time of the profitable extraction of other substances.

(i) The date of filing of a petition for an accounting; or

(ii) The time of the profitable extraction of other substances.

(B) The accounting and corresponding royalty payments may be made on an annual basis for the aggregate of up to four (4) quarters of accumulated royalties if the aggregate amount owed to a royalty owner is one hundred dollars ($100) or less.

Amended by Act 2015, No. 89,§ 10, eff. 2/13/2015.

Amended by Act 2015, No. 89,§ 9, eff. 2/13/2015.

Amended by Act 2015, No. 89,§ 8, eff. 2/13/2015.

Amended by Act 2015, No. 89,§ 7, eff. 2/13/2015.

Acts 1979, No. 937, § 8; A.S.A. 1947, § 53-1308; Acts 1995, No. 1287, § 1; 2011, No. 169, § 1.
Ark. Code Ann. § 15-33-102 — AR Code / Title 15 / Chapter 33 / Section 15-33-102
State Forester as compact administrator
Status: in_force

The State Forester is designated as the South Central Interstate Forest Fire Protection Compact administrator for this state and shall consult with like officials of the other member states and shall implement cooperation between member states in forest fire prevention and control. Acts 1953, No. 361, § 3; A.S.A. 1947, § 9-736.

The State Forester is designated as the South Central Interstate Forest Fire Protection Compact administrator for this state and shall consult with like officials of the other member states and shall implement cooperation between member states in forest fire prevention and control.

Acts 1953, No. 361, § 3; A.S.A. 1947, § 9-736.
Ark. Code Ann. § 15-72-1102 — AR Code / Title 15 / Chapter 72 / Subchapter 11 / Section 15-72-1102
Definitions
Status: in_force

As used in this subchapter: (1) "Affiliate" means a person that directly or indirectly: (A) Is controlled by a first purchaser; or (B) Controls a first purchaser; (2) "Agreement to sell" means an enforceable agreement that is express or implied or oral or written, by which an interest owner, directly or through a representative, agrees to sell, or is deemed by applicable contract or law to have agreed to sell, oil or gas upon or after severance to a first purchaser; (3) "Article 9" means the Uniform Commercial Code - Secured Transactions, § 4-9-101 et seq., or a comparable article under the uniform commercial code of another state to the extent applicable; (4) "Control" or "controlled by" means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a person, whether through ownership, by contract, or otherwise; (5) "First purchaser" means the first person that purchases oil or gas from an interest owner either directly or through a representative under an agreement to sell; (6) "Gas" means natural gas and casinghead gas and all constituent parts before and after processing but before the time at which a first purchaser transfers title, possession, or control to a purchaser; (7) "Integration order" means an order issued by the Oil and Gas Commission that requires the owners of the right to drill for oil or gas in a drilling unit to pool their interests for the development of the drilling unit; (8) (A) "Interest owner" means a person owning an interest in an oil and gas right before the acquisition by a first purchaser. (B) "Interest owner" includes a representative and a transferee interest owner; (9) "Oil" means oil and condensate and all constituent parts whether before or after processing but before the time at which a first purchaser transfers title, possession, or control to a purchaser; (10) "Oil and gas lien" means a lien granted by this subchapter; (11) (A) "Oil and gas right" means a right, title, or interest, whether legal or equitable, in and to: (i) Oil; (ii) Gas; (iii) Proceeds; (iv) An oil and gas lease; (v) An integration order; or (vi) An agreement to sell. (B) "Oil and gas right" includes without limitation: (i) Oil or gas in place before severance; (ii) Oil or gas production or the right to receive a portion of the proceeds upon severance; (iii) An interest or estate in, by, through, or under an oil and gas lease; (iv) Rights acquired under an integration order insofar as the rights relate to ownership of oil and gas, the right to proceeds, or the right to enter into an agreement to sell; (v) A legal or equitable right to receive consideration of any nature under an agreement to sell; or (vi) A mortgage lien or security interest in an item listed in subdivisions (11)(B)(i)-(v) of this section; (12) "Operator" means a person engaged in the severance of oil or gas for that person or for other persons, or both; (13) (A) "Permitted lien" means the following liens or security interests: (i) A mortgage lien or security interest granted by a first purchaser in favor of a person that is not an affiliate of the first purchaser that secures payment under a written instrument of indebtedness signed by the first purchaser and accepted in writing by the payee before July 28, 2021, with a principal amount and a fixed maturity date stated in the written instrument of indebtedness; or (ii) A validly perfected and enforceable lien created by statute or by rule or regulation of a governmental agency for storage or transportation charges, including terminal charges, tariffs, demurrage, insurance, labor or other charges, owed by a first purchaser in relation to oil or gas originally purchased under an agreement to sell. (B) "Permitted lien" does not include: (i) A mortgage lien or security interest that: (a) Secures payment of indebtedness incurred on and after July 28, 2021; (b) Secures payment under a written instrument of indebtedness not signed by a first purchaser and accepted in writing by the payee before July 28, 2021; (c) Secures payment under a written instrument of indebtedness modified, amended, or restated on or after July 28, 2021, that increases the principal amount that was owed as of July 28, 2021; (d) Secures payment under a written instrument of indebtedness modified, amended, or restated on or after July 28, 2021, that extends the maturity date that was in effect as of July 28, 2021; or (e) Is not validly perfected with a first priority against the claims of all persons under applicable law other than persons holding a statutory or regulatory lien as to which first priority is granted by statute, rule, or regulation; (ii) A lien that is in favor of an affiliate of a first purchaser unless the lien is authorized by the statute, rule, or regulation creating the lien; or (iii) A lien that is for charges in excess of ninety (90) days from the time the first purchaser delivers the oil or gas for storage or transportation; (14) "Person" means an individual, executor, administrator, estate, agent, trust, trustee, institution, receiver, business trust, firm, corporation, partnership, limited liability company, cooperative, joint venture, governmental entity or agency, association, or other group or combination acting as a unit; (15) "Proceeds" means the following when paid or to be paid in consideration of, or as a consequence of, the sale of oil or gas under an agreement to sell: (A) Oil or gas on or after severance; (B) Inventory of raw, refined, or manufactured oil or gas after severance; (C) Rights to or products of items listed in subdivisions (15)(A) and (B) of this section; (D) Cash proceeds; (E) Accounts; (F) Chattel paper; (G) Instruments; (H) Documents; or (I) Payment intangibles with respect to items listed in subdivisions (15)(A)-(H) of this section; (16) "Purchaser" means a person that is not an affiliate of a first purchaser and that takes, receives, or purchases oil or gas from a first purchaser; (17) "Representative" means a person, including without limitation an operator or a broker that is authorized, either expressly or by implication, to sell oil or gas on behalf of or for the benefit of an interest owner under an agreement to sell or to receive on behalf of an interest owner the consideration under an agreement to sell; (18) "Sales price" means the proceeds that a first purchaser agrees to pay an interest owner or representative under an agreement to sell; (19) "Security interest" means a security interest governed by Article 9; (20) "Severance" means the point in time at which oil or gas is reduced to possession at the mouth of the wellbore of an oil and gas well; (21) "Transferee interest owner" means a person that acquires an oil and gas right from a transferor interest owner; and (22) "Transferor interest owner" means an interest owner that transfers or conveys an oil and gas right, in whole or in part. Added by Act 2021, No. 275,§ 1, eff. 7/28/2021.

As used in this subchapter:

(1) "Affiliate" means a person that directly or indirectly: (A) Is controlled by a first purchaser; or (B) Controls a first purchaser;

(A) Is controlled by a first purchaser; or

(B) Controls a first purchaser;

(2) "Agreement to sell" means an enforceable agreement that is express or implied or oral or written, by which an interest owner, directly or through a representative, agrees to sell, or is deemed by applicable contract or law to have agreed to sell, oil or gas upon or after severance to a first purchaser;

(3) "Article 9" means the Uniform Commercial Code - Secured Transactions, § 4-9-101 et seq., or a comparable article under the uniform commercial code of another state to the extent applicable;

(4) "Control" or "controlled by" means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a person, whether through ownership, by contract, or otherwise;

(5) "First purchaser" means the first person that purchases oil or gas from an interest owner either directly or through a representative under an agreement to sell;

(6) "Gas" means natural gas and casinghead gas and all constituent parts before and after processing but before the time at which a first purchaser transfers title, possession, or control to a purchaser;

(7) "Integration order" means an order issued by the Oil and Gas Commission that requires the owners of the right to drill for oil or gas in a drilling unit to pool their interests for the development of the drilling unit;

(8) (A) "Interest owner" means a person owning an interest in an oil and gas right before the acquisition by a first purchaser. (B) "Interest owner" includes a representative and a transferee interest owner;

(A) "Interest owner" means a person owning an interest in an oil and gas right before the acquisition by a first purchaser.

(B) "Interest owner" includes a representative and a transferee interest owner;

(9) "Oil" means oil and condensate and all constituent parts whether before or after processing but before the time at which a first purchaser transfers title, possession, or control to a purchaser;

(10) "Oil and gas lien" means a lien granted by this subchapter;

(11) (A) "Oil and gas right" means a right, title, or interest, whether legal or equitable, in and to: (i) Oil; (ii) Gas; (iii) Proceeds; (iv) An oil and gas lease; (v) An integration order; or (vi) An agreement to sell. (B) "Oil and gas right" includes without limitation: (i) Oil or gas in place before severance; (ii) Oil or gas production or the right to receive a portion of the proceeds upon severance; (iii) An interest or estate in, by, through, or under an oil and gas lease; (iv) Rights acquired under an integration order insofar as the rights relate to ownership of oil and gas, the right to proceeds, or the right to enter into an agreement to sell; (v) A legal or equitable right to receive consideration of any nature under an agreement to sell; or (vi) A mortgage lien or security interest in an item listed in subdivisions (11)(B)(i)-(v) of this section;

(A) "Oil and gas right" means a right, title, or interest, whether legal or equitable, in and to: (i) Oil; (ii) Gas; (iii) Proceeds; (iv) An oil and gas lease; (v) An integration order; or (vi) An agreement to sell.

(i) Oil;

(ii) Gas;

(iii) Proceeds;

(iv) An oil and gas lease;

(v) An integration order; or

(vi) An agreement to sell.

(B) "Oil and gas right" includes without limitation: (i) Oil or gas in place before severance; (ii) Oil or gas production or the right to receive a portion of the proceeds upon severance; (iii) An interest or estate in, by, through, or under an oil and gas lease; (iv) Rights acquired under an integration order insofar as the rights relate to ownership of oil and gas, the right to proceeds, or the right to enter into an agreement to sell; (v) A legal or equitable right to receive consideration of any nature under an agreement to sell; or (vi) A mortgage lien or security interest in an item listed in subdivisions (11)(B)(i)-(v) of this section;

(i) Oil or gas in place before severance;

(ii) Oil or gas production or the right to receive a portion of the proceeds upon severance;

(iii) An interest or estate in, by, through, or under an oil and gas lease;

(iv) Rights acquired under an integration order insofar as the rights relate to ownership of oil and gas, the right to proceeds, or the right to enter into an agreement to sell;

(v) A legal or equitable right to receive consideration of any nature under an agreement to sell; or

(vi) A mortgage lien or security interest in an item listed in subdivisions (11)(B)(i)-(v) of this section;

(12) "Operator" means a person engaged in the severance of oil or gas for that person or for other persons, or both;

(13) (A) "Permitted lien" means the following liens or security interests: (i) A mortgage lien or security interest granted by a first purchaser in favor of a person that is not an affiliate of the first purchaser that secures payment under a written instrument of indebtedness signed by the first purchaser and accepted in writing by the payee before July 28, 2021, with a principal amount and a fixed maturity date stated in the written instrument of indebtedness; or (ii) A validly perfected and enforceable lien created by statute or by rule or regulation of a governmental agency for storage or transportation charges, including terminal charges, tariffs, demurrage, insurance, labor or other charges, owed by a first purchaser in relation to oil or gas originally purchased under an agreement to sell. (B) "Permitted lien" does not include: (i) A mortgage lien or security interest that: (a) Secures payment of indebtedness incurred on and after July 28, 2021; (b) Secures payment under a written instrument of indebtedness not signed by a first purchaser and accepted in writing by the payee before July 28, 2021; (c) Secures payment under a written instrument of indebtedness modified, amended, or restated on or after July 28, 2021, that increases the principal amount that was owed as of July 28, 2021; (d) Secures payment under a written instrument of indebtedness modified, amended, or restated on or after July 28, 2021, that extends the maturity date that was in effect as of July 28, 2021; or (e) Is not validly perfected with a first priority against the claims of all persons under applicable law other than persons holding a statutory or regulatory lien as to which first priority is granted by statute, rule, or regulation; (ii) A lien that is in favor of an affiliate of a first purchaser unless the lien is authorized by the statute, rule, or regulation creating the lien; or (iii) A lien that is for charges in excess of ninety (90) days from the time the first purchaser delivers the oil or gas for storage or transportation;

(A) "Permitted lien" means the following liens or security interests: (i) A mortgage lien or security interest granted by a first purchaser in favor of a person that is not an affiliate of the first purchaser that secures payment under a written instrument of indebtedness signed by the first purchaser and accepted in writing by the payee before July 28, 2021, with a principal amount and a fixed maturity date stated in the written instrument of indebtedness; or (ii) A validly perfected and enforceable lien created by statute or by rule or regulation of a governmental agency for storage or transportation charges, including terminal charges, tariffs, demurrage, insurance, labor or other charges, owed by a first purchaser in relation to oil or gas originally purchased under an agreement to sell.

(i) A mortgage lien or security interest granted by a first purchaser in favor of a person that is not an affiliate of the first purchaser that secures payment under a written instrument of indebtedness signed by the first purchaser and accepted in writing by the payee before July 28, 2021, with a principal amount and a fixed maturity date stated in the written instrument of indebtedness; or

(ii) A validly perfected and enforceable lien created by statute or by rule or regulation of a governmental agency for storage or transportation charges, including terminal charges, tariffs, demurrage, insurance, labor or other charges, owed by a first purchaser in relation to oil or gas originally purchased under an agreement to sell.

(B) "Permitted lien" does not include: (i) A mortgage lien or security interest that: (a) Secures payment of indebtedness incurred on and after July 28, 2021; (b) Secures payment under a written instrument of indebtedness not signed by a first purchaser and accepted in writing by the payee before July 28, 2021; (c) Secures payment under a written instrument of indebtedness modified, amended, or restated on or after July 28, 2021, that increases the principal amount that was owed as of July 28, 2021; (d) Secures payment under a written instrument of indebtedness modified, amended, or restated on or after July 28, 2021, that extends the maturity date that was in effect as of July 28, 2021; or (e) Is not validly perfected with a first priority against the claims of all persons under applicable law other than persons holding a statutory or regulatory lien as to which first priority is granted by statute, rule, or regulation; (ii) A lien that is in favor of an affiliate of a first purchaser unless the lien is authorized by the statute, rule, or regulation creating the lien; or (iii) A lien that is for charges in excess of ninety (90) days from the time the first purchaser delivers the oil or gas for storage or transportation;

(i) A mortgage lien or security interest that: (a) Secures payment of indebtedness incurred on and after July 28, 2021; (b) Secures payment under a written instrument of indebtedness not signed by a first purchaser and accepted in writing by the payee before July 28, 2021; (c) Secures payment under a written instrument of indebtedness modified, amended, or restated on or after July 28, 2021, that increases the principal amount that was owed as of July 28, 2021; (d) Secures payment under a written instrument of indebtedness modified, amended, or restated on or after July 28, 2021, that extends the maturity date that was in effect as of July 28, 2021; or (e) Is not validly perfected with a first priority against the claims of all persons under applicable law other than persons holding a statutory or regulatory lien as to which first priority is granted by statute, rule, or regulation;

(a) Secures payment of indebtedness incurred on and after July 28, 2021;

(b) Secures payment under a written instrument of indebtedness not signed by a first purchaser and accepted in writing by the payee before July 28, 2021;

(c) Secures payment under a written instrument of indebtedness modified, amended, or restated on or after July 28, 2021, that increases the principal amount that was owed as of July 28, 2021;

(d) Secures payment under a written instrument of indebtedness modified, amended, or restated on or after July 28, 2021, that extends the maturity date that was in effect as of July 28, 2021; or

(e) Is not validly perfected with a first priority against the claims of all persons under applicable law other than persons holding a statutory or regulatory lien as to which first priority is granted by statute, rule, or regulation;

(ii) A lien that is in favor of an affiliate of a first purchaser unless the lien is authorized by the statute, rule, or regulation creating the lien; or

(iii) A lien that is for charges in excess of ninety (90) days from the time the first purchaser delivers the oil or gas for storage or transportation;

(14) "Person" means an individual, executor, administrator, estate, agent, trust, trustee, institution, receiver, business trust, firm, corporation, partnership, limited liability company, cooperative, joint venture, governmental entity or agency, association, or other group or combination acting as a unit;

(15) "Proceeds" means the following when paid or to be paid in consideration of, or as a consequence of, the sale of oil or gas under an agreement to sell: (A) Oil or gas on or after severance; (B) Inventory of raw, refined, or manufactured oil or gas after severance; (C) Rights to or products of items listed in subdivisions (15)(A) and (B) of this section; (D) Cash proceeds; (E) Accounts; (F) Chattel paper; (G) Instruments; (H) Documents; or (I) Payment intangibles with respect to items listed in subdivisions (15)(A)-(H) of this section;

(A) Oil or gas on or after severance;

(B) Inventory of raw, refined, or manufactured oil or gas after severance;

(C) Rights to or products of items listed in subdivisions (15)(A) and (B) of this section;

(D) Cash proceeds;

(E) Accounts;

(F) Chattel paper;

(G) Instruments;

(H) Documents; or

(I) Payment intangibles with respect to items listed in subdivisions (15)(A)-(H) of this section;

(16) "Purchaser" means a person that is not an affiliate of a first purchaser and that takes, receives, or purchases oil or gas from a first purchaser;

(17) "Representative" means a person, including without limitation an operator or a broker that is authorized, either expressly or by implication, to sell oil or gas on behalf of or for the benefit of an interest owner under an agreement to sell or to receive on behalf of an interest owner the consideration under an agreement to sell;

(18) "Sales price" means the proceeds that a first purchaser agrees to pay an interest owner or representative under an agreement to sell;

(19) "Security interest" means a security interest governed by Article 9;

(20) "Severance" means the point in time at which oil or gas is reduced to possession at the mouth of the wellbore of an oil and gas well;

(21) "Transferee interest owner" means a person that acquires an oil and gas right from a transferor interest owner; and

(22) "Transferor interest owner" means an interest owner that transfers or conveys an oil and gas right, in whole or in part.

Added by Act 2021, No. 275,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 15-5-1603 — AR Code / Title 15 / Chapter 5 / Subchapter 16 / Section 15-5-1603
[Repealed]
Status: repealed

Amended by Act 2019, No. 910,§ 3406, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3405, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 442, eff. 7/1/2019. Repealed by Act 2019, No. 925,§ 6, eff. 7/24/2019. Amended by Act 2015EX1, No. 8,§ 103, eff. 7/1/2015. Amended by Act 2015EX1, No. 8,§ 102, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 103, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 102, eff. 7/1/2015. Amended by Act 2013, No. 1095,§ 4, eff. 4/11/2013. Acts 2007, No. 1025, § 1; 2009, No. 791, § 2.

Amended by Act 2019, No. 910,§ 3406, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3405, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 442, eff. 7/1/2019.

Repealed by Act 2019, No. 925,§ 6, eff. 7/24/2019.

Amended by Act 2015EX1, No. 8,§ 103, eff. 7/1/2015.

Amended by Act 2015EX1, No. 8,§ 102, eff. 7/1/2015.

Amended by Act 2015EX1, No. 7,§ 103, eff. 7/1/2015.

Amended by Act 2015EX1, No. 7,§ 102, eff. 7/1/2015.

Amended by Act 2013, No. 1095,§ 4, eff. 4/11/2013.

Acts 2007, No. 1025, § 1; 2009, No. 791, § 2.
Ark. Code Ann. § 15-3-707 — AR Code / Title 15 / Chapter 3 / Subchapter 7 / Section 15-3-707
Matching grant awards
Status: in_force

(a) A matching grant awarded under this subchapter: (1) Shall not: (A) Be awarded under this subchapter unless offered in writing by the Director of the Arkansas Economic Development Commission; and (B) Exceed fifty percent (50%) of the federal Small Business Innovation Research award, up to: (i) Fifty thousand dollars ($50,000) for a matching grant awarded to match a federal Phase I award; and (ii) One hundred thousand dollars ($100,000) for a matching grant awarded to match a federal Phase II award; and (2) Subject to funding and the discretion of the director, may be offered to an eligible applicant that successfully completes the application process. (b) The matching grant agreement between the Division of Science and Technology of the Arkansas Economic Development Commission and the eligible applicant shall delineate all requirements of the matching grant. (c) At least fifty-one percent (51%) of the amount awarded for the matching grant shall be spent in Arkansas. (d) Disbursements for matching grants shall be made on a reimbursable basis, payable when invoices and financial reports are submitted to the division. (e) An eligible business shall not receive more than three (3) matching grants under this subchapter. Amended by Act 2019, No. 910,§ 355, eff. 7/1/2019. Added by Act 2017, No. 166,§ 2, eff. 10/1/2017.

(a) A matching grant awarded under this subchapter: (1) Shall not: (A) Be awarded under this subchapter unless offered in writing by the Director of the Arkansas Economic Development Commission; and (B) Exceed fifty percent (50%) of the federal Small Business Innovation Research award, up to: (i) Fifty thousand dollars ($50,000) for a matching grant awarded to match a federal Phase I award; and (ii) One hundred thousand dollars ($100,000) for a matching grant awarded to match a federal Phase II award; and (2) Subject to funding and the discretion of the director, may be offered to an eligible applicant that successfully completes the application process.

(1) Shall not: (A) Be awarded under this subchapter unless offered in writing by the Director of the Arkansas Economic Development Commission; and (B) Exceed fifty percent (50%) of the federal Small Business Innovation Research award, up to: (i) Fifty thousand dollars ($50,000) for a matching grant awarded to match a federal Phase I award; and (ii) One hundred thousand dollars ($100,000) for a matching grant awarded to match a federal Phase II award; and

(A) Be awarded under this subchapter unless offered in writing by the Director of the Arkansas Economic Development Commission; and

(B) Exceed fifty percent (50%) of the federal Small Business Innovation Research award, up to: (i) Fifty thousand dollars ($50,000) for a matching grant awarded to match a federal Phase I award; and (ii) One hundred thousand dollars ($100,000) for a matching grant awarded to match a federal Phase II award; and

(i) Fifty thousand dollars ($50,000) for a matching grant awarded to match a federal Phase I award; and

(ii) One hundred thousand dollars ($100,000) for a matching grant awarded to match a federal Phase II award; and

(2) Subject to funding and the discretion of the director, may be offered to an eligible applicant that successfully completes the application process.

(b) The matching grant agreement between the Division of Science and Technology of the Arkansas Economic Development Commission and the eligible applicant shall delineate all requirements of the matching grant.

(c) At least fifty-one percent (51%) of the amount awarded for the matching grant shall be spent in Arkansas.

(d) Disbursements for matching grants shall be made on a reimbursable basis, payable when invoices and financial reports are submitted to the division.

(e) An eligible business shall not receive more than three (3) matching grants under this subchapter.

Amended by Act 2019, No. 910,§ 355, eff. 7/1/2019.

Added by Act 2017, No. 166,§ 2, eff. 10/1/2017.
Ark. Code Ann. § 15-23-201 — AR Code / Title 15 / Chapter 23 / Subchapter 2 / Section 15-23-201
Establishment - Members
Status: in_force

(a) There is established the Arkansas Waterways Commission to consist of seven (7) members to be appointed by the Governor with the advice and consent of the Senate, as follows: (1) The Governor shall consult the organized associations established to promote the development of the five (5) navigable stream basin areas of this state, which are the Arkansas River, White River, Ouachita River, Red River, and Mississippi River basin areas before making an appointment under this section; (2) The Governor shall appoint a qualified person of demonstrated experience and interest in river development to represent each of the five (5) river basin areas on the commission; and (3) The Governor shall name two (2) members from the public at large, one (1) of whom shall be an economist with experience in river development problems. (b) (1) Members shall be appointed for seven-year staggered terms, wherein one (1) member's term shall expire each year on January 14. (2) In the event there is no organized association established for the purpose of promoting the development of any of the five (5) river basin areas from which members are to be named, the Governor may name some person from the river basin area who resides therein and who has demonstrated interest in river development. (c) Vacancies on the commission shall be filled for the remainder of the unexpired portion of the term thereof by appointment by the Governor in the manner set out in subsection (b) of this section. (d) Members of the commission shall serve without pay but may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq. Amended by Act 2015, No. 1100,§ 17, eff. 7/22/2015. Acts 1967, No. 242, § 1; 1975 (Extended Sess., 1976), No. 1035, § 1; A.S.A. 1947, §§ 6-616, 21-1701; Acts 1987, No. 102, § 4; reen. Acts 1987, No. 862, § 1; 1997, No. 250, § 108.

(a) There is established the Arkansas Waterways Commission to consist of seven (7) members to be appointed by the Governor with the advice and consent of the Senate, as follows: (1) The Governor shall consult the organized associations established to promote the development of the five (5) navigable stream basin areas of this state, which are the Arkansas River, White River, Ouachita River, Red River, and Mississippi River basin areas before making an appointment under this section; (2) The Governor shall appoint a qualified person of demonstrated experience and interest in river development to represent each of the five (5) river basin areas on the commission; and (3) The Governor shall name two (2) members from the public at large, one (1) of whom shall be an economist with experience in river development problems.

(1) The Governor shall consult the organized associations established to promote the development of the five (5) navigable stream basin areas of this state, which are the Arkansas River, White River, Ouachita River, Red River, and Mississippi River basin areas before making an appointment under this section;

(2) The Governor shall appoint a qualified person of demonstrated experience and interest in river development to represent each of the five (5) river basin areas on the commission; and

(3) The Governor shall name two (2) members from the public at large, one (1) of whom shall be an economist with experience in river development problems.

(b) (1) Members shall be appointed for seven-year staggered terms, wherein one (1) member's term shall expire each year on January 14. (2) In the event there is no organized association established for the purpose of promoting the development of any of the five (5) river basin areas from which members are to be named, the Governor may name some person from the river basin area who resides therein and who has demonstrated interest in river development.

(1) Members shall be appointed for seven-year staggered terms, wherein one (1) member's term shall expire each year on January 14.

(2) In the event there is no organized association established for the purpose of promoting the development of any of the five (5) river basin areas from which members are to be named, the Governor may name some person from the river basin area who resides therein and who has demonstrated interest in river development.

(c) Vacancies on the commission shall be filled for the remainder of the unexpired portion of the term thereof by appointment by the Governor in the manner set out in subsection (b) of this section.

(d) Members of the commission shall serve without pay but may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq.

Amended by Act 2015, No. 1100,§ 17, eff. 7/22/2015.

Acts 1967, No. 242, § 1; 1975 (Extended Sess., 1976), No. 1035, § 1; A.S.A. 1947, §§ 6-616, 21-1701; Acts 1987, No. 102, § 4; reen. Acts 1987, No. 862, § 1; 1997, No. 250, § 108.
Ark. Code Ann. § 15-4-3706 — AR Code / Title 15 / Chapter 4 / Subchapter 37 / Section 15-4-3706
Powers and duties of the Arkansas Workforce Development Board
Status: in_force

The Arkansas Workforce Development Board shall assist the Governor and the Secretary of the Department of Commerce in: (1) The development, implementation, and modification of the state workforce development plan; (2) The review of statewide policies, of statewide programs, and of recommendations on actions that should be taken by the state to align state workforce development programs in a manner that supports a comprehensive and streamlined state workforce development system, including the review and provision of comments on the state workforce development plan, if any, for programs and activities of one-stop partners that are not core programs; (3) The development and continuous improvement of the state workforce development system, including without limitation: (A) The identification of barriers to employment that may exist between programs and the means for removing the barriers between programs to better coordinate, align, and avoid duplication among the programs and activities carried out through the state workforce development system; (B) The development of strategies to support the use of career pathways for the purpose of providing individuals, including low-skilled adults, youth, and individuals with barriers to employment, including individuals with disabilities, with workforce investment activities, education, and supportive services to gain or retain employment; (C) The development of strategies for providing effective outreach to and improved access for individuals and employers who could benefit from services provided through the state workforce development system; (D) The development and expansion of strategies for meeting the needs of employers, workers, and jobseekers, particularly through industry or sector partnerships related to in-demand industry sectors and occupations; (E) The identification of regions, including planning regions, after consultation with local workforce development boards and chief elected officials; (F) The development and continuous improvement of the one-stop delivery system in local workforce development areas, including providing assistance to local workforce development boards, one-stop operators, one-stop partners, and providers, with planning and delivering services, including training services and supportive services, to support effective delivery of services to workers, jobseekers, and employers; and (G) The development of strategies to support staff training and awareness across programs supported under the state workforce development system; (4) The development and updating of comprehensive state performance accountability measures, including state adjusted levels of performance, to assess the effectiveness of the core programs in the state; (5) The identification and dissemination of information on best practices, including best practices for: (A) The effective operation of one-stop centers relating to the use of business outreach, partnerships, and service delivery strategies, including strategies for serving individuals with barriers to employment; (B) The development of effective local workforce development boards, which may include information on factors that contribute to enabling local workforce development boards to exceed negotiated local levels of performance, sustain fiscal integrity, and achieve other measures of effectiveness; and (C) Effective training programs that respond to real-time labor market analysis and effectively use direct assessment and prior learning assessment to measure an individual's prior knowledge, skills, competencies, and experiences, and that evaluate such skills and competencies for adaptability to support efficient placement into employment or career pathways; (6) The development and review of statewide policies affecting the coordinated provision of services through the state's one-stop delivery system, including the development of: (A) Objective criteria and procedures for use by local workforce development boards in assessing the effectiveness and continuous improvement of one-stop centers; (B) Guidance for the allocation of one-stop center infrastructure funds; and (C) Policies relating to the appropriate roles and contributions of entities carrying out one-stop partner programs within the one-stop delivery system, including approaches to facilitating equitable and efficient cost allocation in the one-stop delivery system; (7) The development of strategies for technological improvements to facilitate access to, and improve the quality of, services and activities provided through the one-stop delivery system, including the improvements to: (A) Enhance digital literacy skills; (B) Accelerate the acquisition of skills and recognized postsecondary credentials by participants; (C) Strengthen the professional development of providers and workforce professionals; and (D) Ensure the technology is accessible to individuals with disabilities and individuals residing in remote areas; (8) The development of strategies for aligning technology and data systems across one-stop partner programs to enhance service delivery and improve efficiencies in reporting on performance accountability measures, including the design and implementation of common intake, data collection, case management information, and performance accountability measurement and reporting processes and the incorporation of local input into the design and implementation to improve coordination of services across one-stop partner programs; (9) The development of allocation formulas for the distribution of funds for employment and training activities for adults, and youth workforce investment activities, to local workforce development areas; (10) The preparation of an annual report; (11) The development of the statewide workforce and labor market information system; and (12) The development of such other policies as may promote statewide objectives for, and enhance the performance of, the workforce development system in the state. Amended by Act 2019, No. 910,§ 433, eff. 7/1/2019. Added by Act 2015, No. 907,§ 3, eff. 7/1/2015.

The Arkansas Workforce Development Board shall assist the Governor and the Secretary of the Department of Commerce in:

(1) The development, implementation, and modification of the state workforce development plan;

(2) The review of statewide policies, of statewide programs, and of recommendations on actions that should be taken by the state to align state workforce development programs in a manner that supports a comprehensive and streamlined state workforce development system, including the review and provision of comments on the state workforce development plan, if any, for programs and activities of one-stop partners that are not core programs;

(3) The development and continuous improvement of the state workforce development system, including without limitation: (A) The identification of barriers to employment that may exist between programs and the means for removing the barriers between programs to better coordinate, align, and avoid duplication among the programs and activities carried out through the state workforce development system; (B) The development of strategies to support the use of career pathways for the purpose of providing individuals, including low-skilled adults, youth, and individuals with barriers to employment, including individuals with disabilities, with workforce investment activities, education, and supportive services to gain or retain employment; (C) The development of strategies for providing effective outreach to and improved access for individuals and employers who could benefit from services provided through the state workforce development system; (D) The development and expansion of strategies for meeting the needs of employers, workers, and jobseekers, particularly through industry or sector partnerships related to in-demand industry sectors and occupations; (E) The identification of regions, including planning regions, after consultation with local workforce development boards and chief elected officials; (F) The development and continuous improvement of the one-stop delivery system in local workforce development areas, including providing assistance to local workforce development boards, one-stop operators, one-stop partners, and providers, with planning and delivering services, including training services and supportive services, to support effective delivery of services to workers, jobseekers, and employers; and (G) The development of strategies to support staff training and awareness across programs supported under the state workforce development system;

(A) The identification of barriers to employment that may exist between programs and the means for removing the barriers between programs to better coordinate, align, and avoid duplication among the programs and activities carried out through the state workforce development system;

(B) The development of strategies to support the use of career pathways for the purpose of providing individuals, including low-skilled adults, youth, and individuals with barriers to employment, including individuals with disabilities, with workforce investment activities, education, and supportive services to gain or retain employment;

(C) The development of strategies for providing effective outreach to and improved access for individuals and employers who could benefit from services provided through the state workforce development system;

(D) The development and expansion of strategies for meeting the needs of employers, workers, and jobseekers, particularly through industry or sector partnerships related to in-demand industry sectors and occupations;

(E) The identification of regions, including planning regions, after consultation with local workforce development boards and chief elected officials;

(F) The development and continuous improvement of the one-stop delivery system in local workforce development areas, including providing assistance to local workforce development boards, one-stop operators, one-stop partners, and providers, with planning and delivering services, including training services and supportive services, to support effective delivery of services to workers, jobseekers, and employers; and

(G) The development of strategies to support staff training and awareness across programs supported under the state workforce development system;

(4) The development and updating of comprehensive state performance accountability measures, including state adjusted levels of performance, to assess the effectiveness of the core programs in the state;

(5) The identification and dissemination of information on best practices, including best practices for: (A) The effective operation of one-stop centers relating to the use of business outreach, partnerships, and service delivery strategies, including strategies for serving individuals with barriers to employment; (B) The development of effective local workforce development boards, which may include information on factors that contribute to enabling local workforce development boards to exceed negotiated local levels of performance, sustain fiscal integrity, and achieve other measures of effectiveness; and (C) Effective training programs that respond to real-time labor market analysis and effectively use direct assessment and prior learning assessment to measure an individual's prior knowledge, skills, competencies, and experiences, and that evaluate such skills and competencies for adaptability to support efficient placement into employment or career pathways;

(A) The effective operation of one-stop centers relating to the use of business outreach, partnerships, and service delivery strategies, including strategies for serving individuals with barriers to employment;

(B) The development of effective local workforce development boards, which may include information on factors that contribute to enabling local workforce development boards to exceed negotiated local levels of performance, sustain fiscal integrity, and achieve other measures of effectiveness; and

(C) Effective training programs that respond to real-time labor market analysis and effectively use direct assessment and prior learning assessment to measure an individual's prior knowledge, skills, competencies, and experiences, and that evaluate such skills and competencies for adaptability to support efficient placement into employment or career pathways;

(6) The development and review of statewide policies affecting the coordinated provision of services through the state's one-stop delivery system, including the development of: (A) Objective criteria and procedures for use by local workforce development boards in assessing the effectiveness and continuous improvement of one-stop centers; (B) Guidance for the allocation of one-stop center infrastructure funds; and (C) Policies relating to the appropriate roles and contributions of entities carrying out one-stop partner programs within the one-stop delivery system, including approaches to facilitating equitable and efficient cost allocation in the one-stop delivery system;

(A) Objective criteria and procedures for use by local workforce development boards in assessing the effectiveness and continuous improvement of one-stop centers;

(B) Guidance for the allocation of one-stop center infrastructure funds; and

(C) Policies relating to the appropriate roles and contributions of entities carrying out one-stop partner programs within the one-stop delivery system, including approaches to facilitating equitable and efficient cost allocation in the one-stop delivery system;

(7) The development of strategies for technological improvements to facilitate access to, and improve the quality of, services and activities provided through the one-stop delivery system, including the improvements to: (A) Enhance digital literacy skills; (B) Accelerate the acquisition of skills and recognized postsecondary credentials by participants; (C) Strengthen the professional development of providers and workforce professionals; and (D) Ensure the technology is accessible to individuals with disabilities and individuals residing in remote areas;

(A) Enhance digital literacy skills;

(B) Accelerate the acquisition of skills and recognized postsecondary credentials by participants;

(C) Strengthen the professional development of providers and workforce professionals; and

(D) Ensure the technology is accessible to individuals with disabilities and individuals residing in remote areas;

(8) The development of strategies for aligning technology and data systems across one-stop partner programs to enhance service delivery and improve efficiencies in reporting on performance accountability measures, including the design and implementation of common intake, data collection, case management information, and performance accountability measurement and reporting processes and the incorporation of local input into the design and implementation to improve coordination of services across one-stop partner programs;

(9) The development of allocation formulas for the distribution of funds for employment and training activities for adults, and youth workforce investment activities, to local workforce development areas;

(10) The preparation of an annual report;

(11) The development of the statewide workforce and labor market information system; and

(12) The development of such other policies as may promote statewide objectives for, and enhance the performance of, the workforce development system in the state.

Amended by Act 2019, No. 910,§ 433, eff. 7/1/2019.

Added by Act 2015, No. 907,§ 3, eff. 7/1/2015.
Ark. Code Ann. § 15-10-401 — AR Code / Title 15 / Chapter 10 / Subchapter 4 / Section 15-10-401
Enactment of compact into law
Status: in_force

The Southern States Energy Compact is hereby enacted into law and entered into by this State with any and all states legally joining therein in accordance with its terms, in the form substantially as follows: SOUTHERN STATES ENERGY COMPACT ARTICLE I Policy and Purpose The party states recognize that the proper employment and conservation of energy and employment of energy-related facilities materials, and products within the context of a responsible regard for the environment can assist substantially in the industrialization of the South and the development of a balanced economy for the region. They also recognize that optimum benefit from and acquisition of energy resources and facilities requires systematic encouragement, guidance, and assistance from the party states on a cooperative basis. It is the policy of the party states to undertake such cooperation on a continuing basis; it is the purpose of this compact to provide the instruments and framework for such a cooperative effort to improve the economy of the South and contribute to the individual and community well-being of the region's people. ARTICLE II The Board (a) There is hereby created an agency of the party states to be known as the "Southern States Energy Board," hereinafter called the Board. The Board shall be composed of three (3) members from each party state, one (1) of whom shall be appointed or designated in each state to represent the Governor, the State Senate, and the State House of Representatives, respectively. Each member shall be designated or appointed in accordance with the law of the state which he represents and serving and subject to removal in accordance with such law. Any member of the Board may provide for the discharge of his duties and the performance of his functions thereon (either for the duration of his membership or for any lesser period of time) by a deputy or assistant, if the laws of this state make specific provision therefor. The federal government may be represented without vote if provision is made by federal law for such representation. (b) Each party state shall be entitled to one (1) vote on the Board, to be determined by majority vote of each member or member's representative from the party state present and voting on any question. No action of the Board shall be binding unless taken at a meeting at which a majority of all party states are represented and unless a majority of the total number of votes on the Board are cast in favor thereof. (c) The Board shall have a seal. (d) The Board shall elect annually, from among its members, a chairman, a vice chairman, and a treasurer. The Board shall appoint an Executive Director who shall serve at its pleasure and who shall also act as Secretary, and who, together with the Treasurer, shall be bonded in such amounts as the Board may require. (e) The Executive Director, with the approval of the Board, shall appoint and remove or discharge such personnel as may be necessary for the performance of the Board's functions irrespective of the civil service, personnel or other merit system laws of any of the party states. (f) The Board may establish and maintain, independently or in conjunction with any one (1) or more of the party states, a suitable retirement system for its full-time employees. Employees of the Board shall be eligible for social security coverage in respect of old age and survivors insurance provided that the Board takes such steps as may be necessary pursuant to federal law to participate in such program of insurance as a governmental agency or unit. The Board may establish and maintain or participate in such additional program of employee benefits as may be appropriate. (g) The Board may borrow, accept, or contract for the services of personnel from any state or the United States or any subdivision or agency thereof, from any interstate agency, or from any institution, person, firm or corporation. (h) The Board may accept for any of its purposes and functions under this compact any and all donations, and grants of money, equipment, supplies, materials, and services (conditional or otherwise) from any state or the United States or any subdivision or agency thereof, or interstate agency, or from any institution, person, firm, or corporation, and may receive, utilize and dispose of the same. (i) The Board may establish and maintain such facilities as may be necessary for the transacting of its business. The Board may acquire, hold, and convey real and personal property and any interest therein. (j) The Board shall adopt bylaws, rules, and regulations for the conduct of its business, and shall have the power to amend and rescind these bylaws, rules, and regulations. The Board shall publish its bylaws, rules, and regulations in convenient form and shall file a copy thereof, and shall also file a copy of any amendment thereto, with the appropriate agency or officer in each of the party states. (k) The Board annually shall make to the governor of each party state, a report covering the activities of the Board for the preceding year, and embodying such Recommendations as may have been adopted by the Board, which report shall be transmitted to the legislature of said state. The Board may issue such additional reports as it may deem desirable. ARTICLE III Finances (a) The Board shall submit to the executive head or designated officer or officers of each party state a budget of its estimated expenditures for such period as may be required by the laws of that jurisdiction for presentation to the legislature thereof. (b) Each of the Board's budgets of estimated expenditures shall contain specific recommendations of the amount or amounts to be appropriated by each of the party states. One-half (1/2) of the total amount of each budget of estimated expenditures shall be apportioned among the party states in equal shares; one-quarter (1/4) of each such budget shall be apportioned among the party states in accordance with the ratio of their populations to the total population of the entire group of party states based on the last decennial federal census; and one-quarter (1/4) of each budget shall be apportioned among the party states on the basis of the relative average per capita income of the inhabitants in each of the party states based on the latest computations published by the federal census-taking agency. Subject to appropriation by their respective legislatures, the Board shall be provided with such funds by each of the party states as are necessary to provide the means of establishing and maintaining facilities, a staff of personnel, and such activities as may be necessary to fulfill the powers and duties imposed upon and entrusted to the Board. (c) The Board may meet any of its obligations in whole or in part with funds available to it under Article II(h) of this compact, provided that the Board takes specific action setting aside such funds prior to the incurring of any obligations to be met in whole or in part in this manner. Except where the Board makes use of funds available to it under Article II(h) hereof, the Board shall not incur any obligations prior to the allotment of funds by the party jurisdictions adequate to meet the same. (d) The Board shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Board shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Board shall be audited yearly by a qualified public accountant and the report of the audit shall be included in and become part of the annual report of the Board. (e) The accounts of the Board shall be open at any reasonable time for inspection. ARTICLE IV Advisory Committees The Board may establish such advisory and technical committees as it may deem necessary, membership on which to include but not be limited to private citizens, expert and lay personnel, representatives of industry, labor, commerce, agriculture, civil associations, medicine, education, voluntary health agencies, and officials of local, state and federal government, and may cooperate with and use the services of any such committees and the organizations which they represent in furthering any of its activities under this compact. It is not the intent of this Act to withdraw or affect Arkansas's continued membership, participation, and support of the Southern Interstate Nuclear Compact until at least nine (9) of the party states to the Southern Interstate Nuclear Compact approve substantially the same changes in the Compact as are provided in this Act, and the Congress of the United States consents to the Compact substantially as amended by this Act. ARTICLE V Powers The Board shall have power to: (a) Ascertain and analyze on a continuing basis the position of the South with respect to energy, energy-related industries, and environmental concerns. (b) Encourage the development, conservation, and responsible use of energy and energy-related facilities, installations, and products as part of a balanced economy and healthy environment. (c) Collect, correlate, and disseminate information relating to civilian uses of energy and energy-related materials and products. (d) Conduct, or cooperate in conducting, programs of training for state and local personnel engaged in any aspect of: (1) energy, environment and applications of energy, environmental, and related concerns to industry, medicine, or education or the promotion or regulation thereof; (2) the formulation or administration of measures designed to promote safety in any matter related to the development, use or disposal of energy and energy-related materials, products, installations, or wastes. (e) Organize and conduct, or assist and cooperate in organizing and conducting, demonstrations of energy product, material, or equipment use and disposal and of proper techniques or processes for the application of energy resources to the civilian economy or general welfare. (f) Undertake such nonregulatory functions with respect to sources of radiation as may promote the economic development and general welfare of the region. (g) Study industrial, health, safety, and other standards, laws, codes, rules, regulations, and administrative practices in or related to energy and environmental fields. (h) Recommend such changes in, or amendments or additions to, the laws, codes, rules, regulations, and administrative procedures and practices or ordinances of the party states in any of the fields of its interest and competence as in its judgment may be appropriate. Any such recommendation shall be made through the appropriate state agency with due consideration of the desirability of uniformity but shall also give appropriate weight to any special circumstances which may justify variations to meet local conditions. (i) Prepare, publish and distribute, (with or without charge) such reports, bulletins, newsletters or other material as it deems appropriate. (j) Cooperate with the United States Department of Energy or any agency successor thereto, any other officer or agency of the United States, and any other governmental unit or agency or officer thereof, and with any private persons or agencies in any of the fields of its interests. (k) Act as licensee of the United States Government or any party state with respect to the conduct of any research activity requiring such license and operate such research facility or undertake any program pursuant thereto. (l) Ascertain from time to time such methods, practices, circumstances, and conditions as may bring about the prevention and control of energy and environmental incidents in the area comprising the party states, to coordinate the nuclear, environmental, and other energy-related incident prevention and control plans and the work relating thereto of the appropriate agencies of the party states, and to facilitate the rendering of aid by the party states to each other in coping with energy and environmental incidents. The Board may formulate and, in accordance with need from time to time, revise a regional plan or regional plans for coping with energy and environmental incidents within the territory of the party states as a whole or within any subregion or subregions of the geographic area covered by this compact. ARTICLE VI Supplementary Agreements (a) To the extent that the Board has not undertaken an activity or project which would be within its power under the provisions of Article V of this compact, any two (2) or more of the party states (acting by their duly constituted administrative officials) may enter into supplementary agreements for the undertaking and continuance of such an activity or project. Any such agreement shall specify its purpose or purposes; its duration and the procedure for termination thereof or withdrawal therefrom; the method of financing and allocating the costs of the activity or project; and such other matters as may be necessary or appropriate. No such supplementary agreement entered into pursuant to this article shall become effective prior to its submission to and approval by the Board. The Board shall give such approval unless it finds that the supplementary agreement or the activity or project contemplated thereby is inconsistent with the provisions of this compact or a program or activity conducted by or participated in by the Board. (b) Unless all of the party states participate in a supplementary agreement, any cost or costs thereof shall be borne separately by the states party thereto. However, the Board may administer or otherwise assist in the operation of any supplementary agreement. (c) No party to a supplementary agreement entered into pursuant to this article shall be relieved thereby of any obligation or duty assumed by said party state under or pursuant to this compact, except that timely and proper performance of such obligation or duty by means of the supplementary agreement may be offered as performance pursuant to the compact. ARTICLE VII Other Laws and Relationships Nothing in this compact shall be construed to: (a) Permit or require any person or other entity to avoid or refuse compliance with any law, rules, regulation, order or ordinance of a party state or subdivision thereof now or hereafter made, enacted or in force. (b) Limit, diminish, or otherwise impair jurisdiction exercised by the Atomic Energy Commission, the United States Department of Energy, any agency successor thereto, or any other federal department, agency or officer pursuant to and in conformity with any valid and operative act of Congress. (c) Alter the relations between and respective internal responsibilities of the government of a party state and its subdivisions. (d) Permit or authorize the Board to exercise any regulatory authority or to own or operate any nuclear reactor for the generation of electric energy; nor shall the Board own or operate any facility or installation for industrial or commercial purposes. ARTICLE VIII Eligible Parties, Entry into Force and Withdrawal (a) Any or all of the states of Alabama, Arkansas, Delaware, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, Missouri, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia, West Virginia, the Commonwealth of Puerto Rico, and the United States Virgin Islands shall be eligible to become party to this compact. (b) As to any eligible party state, this compact shall become effective when its legislature shall have enacted the same into law; provided that it shall not become initially effective until enacted into law by seven (7) states. (c) Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall become effective until the governor of the withdrawing state shall have sent formal notice in writing to the governor of each other party state informing said governors of the action of the legislature in repealing the compact and declaring an intention to withdraw. ARTICLE IX Severability and Construction The provisions of this compact and of any supplementary agreement entered into hereunder shall be severable and if any phrase, clause, sentence or provision of this compact or such supplementary agreement is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact or such supplementary agreement and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact or any supplementary agreement entered into hereunder shall be held contrary to the constitution of any state participating therein, the compact or such supplementary agreement shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters. The provisions of this compact and of any supplementary agreement entered into pursuant hereto shall be liberally construed to effectuate the purposes thereof. Acts 1961, No. 429, § 1; 1967, No. 236, § 1; 1979, No. 1112, § 1; A.S.A. 1947, § 9-1101.

The Southern States Energy Compact is hereby enacted into law and entered into by this State with any and all states legally joining therein in accordance with its terms, in the form substantially as follows:

SOUTHERN STATES ENERGY COMPACT

ARTICLE I Policy and Purpose The party states recognize that the proper employment and conservation of energy and employment of energy-related facilities materials, and products within the context of a responsible regard for the environment can assist substantially in the industrialization of the South and the development of a balanced economy for the region. They also recognize that optimum benefit from and acquisition of energy resources and facilities requires systematic encouragement, guidance, and assistance from the party states on a cooperative basis. It is the policy of the party states to undertake such cooperation on a continuing basis; it is the purpose of this compact to provide the instruments and framework for such a cooperative effort to improve the economy of the South and contribute to the individual and community well-being of the region's people.

The party states recognize that the proper employment and conservation of energy and employment of energy-related facilities materials, and products within the context of a responsible regard for the environment can assist substantially in the industrialization of the South and the development of a balanced economy for the region. They also recognize that optimum benefit from and acquisition of energy resources and facilities requires systematic encouragement, guidance, and assistance from the party states on a cooperative basis. It is the policy of the party states to undertake such cooperation on a continuing basis; it is the purpose of this compact to provide the instruments and framework for such a cooperative effort to improve the economy of the South and contribute to the individual and community well-being of the region's people.

ARTICLE II The Board (a) There is hereby created an agency of the party states to be known as the "Southern States Energy Board," hereinafter called the Board. The Board shall be composed of three (3) members from each party state, one (1) of whom shall be appointed or designated in each state to represent the Governor, the State Senate, and the State House of Representatives, respectively. Each member shall be designated or appointed in accordance with the law of the state which he represents and serving and subject to removal in accordance with such law. Any member of the Board may provide for the discharge of his duties and the performance of his functions thereon (either for the duration of his membership or for any lesser period of time) by a deputy or assistant, if the laws of this state make specific provision therefor. The federal government may be represented without vote if provision is made by federal law for such representation. (b) Each party state shall be entitled to one (1) vote on the Board, to be determined by majority vote of each member or member's representative from the party state present and voting on any question. No action of the Board shall be binding unless taken at a meeting at which a majority of all party states are represented and unless a majority of the total number of votes on the Board are cast in favor thereof. (c) The Board shall have a seal. (d) The Board shall elect annually, from among its members, a chairman, a vice chairman, and a treasurer. The Board shall appoint an Executive Director who shall serve at its pleasure and who shall also act as Secretary, and who, together with the Treasurer, shall be bonded in such amounts as the Board may require. (e) The Executive Director, with the approval of the Board, shall appoint and remove or discharge such personnel as may be necessary for the performance of the Board's functions irrespective of the civil service, personnel or other merit system laws of any of the party states. (f) The Board may establish and maintain, independently or in conjunction with any one (1) or more of the party states, a suitable retirement system for its full-time employees. Employees of the Board shall be eligible for social security coverage in respect of old age and survivors insurance provided that the Board takes such steps as may be necessary pursuant to federal law to participate in such program of insurance as a governmental agency or unit. The Board may establish and maintain or participate in such additional program of employee benefits as may be appropriate. (g) The Board may borrow, accept, or contract for the services of personnel from any state or the United States or any subdivision or agency thereof, from any interstate agency, or from any institution, person, firm or corporation. (h) The Board may accept for any of its purposes and functions under this compact any and all donations, and grants of money, equipment, supplies, materials, and services (conditional or otherwise) from any state or the United States or any subdivision or agency thereof, or interstate agency, or from any institution, person, firm, or corporation, and may receive, utilize and dispose of the same. (i) The Board may establish and maintain such facilities as may be necessary for the transacting of its business. The Board may acquire, hold, and convey real and personal property and any interest therein. (j) The Board shall adopt bylaws, rules, and regulations for the conduct of its business, and shall have the power to amend and rescind these bylaws, rules, and regulations. The Board shall publish its bylaws, rules, and regulations in convenient form and shall file a copy thereof, and shall also file a copy of any amendment thereto, with the appropriate agency or officer in each of the party states. (k) The Board annually shall make to the governor of each party state, a report covering the activities of the Board for the preceding year, and embodying such Recommendations as may have been adopted by the Board, which report shall be transmitted to the legislature of said state. The Board may issue such additional reports as it may deem desirable.

(a) There is hereby created an agency of the party states to be known as the "Southern States Energy Board," hereinafter called the Board. The Board shall be composed of three (3) members from each party state, one (1) of whom shall be appointed or designated in each state to represent the Governor, the State Senate, and the State House of Representatives, respectively. Each member shall be designated or appointed in accordance with the law of the state which he represents and serving and subject to removal in accordance with such law. Any member of the Board may provide for the discharge of his duties and the performance of his functions thereon (either for the duration of his membership or for any lesser period of time) by a deputy or assistant, if the laws of this state make specific provision therefor. The federal government may be represented without vote if provision is made by federal law for such representation.

(b) Each party state shall be entitled to one (1) vote on the Board, to be determined by majority vote of each member or member's representative from the party state present and voting on any question. No action of the Board shall be binding unless taken at a meeting at which a majority of all party states are represented and unless a majority of the total number of votes on the Board are cast in favor thereof.

(c) The Board shall have a seal.

(d) The Board shall elect annually, from among its members, a chairman, a vice chairman, and a treasurer. The Board shall appoint an Executive Director who shall serve at its pleasure and who shall also act as Secretary, and who, together with the Treasurer, shall be bonded in such amounts as the Board may require.

(e) The Executive Director, with the approval of the Board, shall appoint and remove or discharge such personnel as may be necessary for the performance of the Board's functions irrespective of the civil service, personnel or other merit system laws of any of the party states.

(f) The Board may establish and maintain, independently or in conjunction with any one (1) or more of the party states, a suitable retirement system for its full-time employees. Employees of the Board shall be eligible for social security coverage in respect of old age and survivors insurance provided that the Board takes such steps as may be necessary pursuant to federal law to participate in such program of insurance as a governmental agency or unit. The Board may establish and maintain or participate in such additional program of employee benefits as may be appropriate.

(g) The Board may borrow, accept, or contract for the services of personnel from any state or the United States or any subdivision or agency thereof, from any interstate agency, or from any institution, person, firm or corporation.

(h) The Board may accept for any of its purposes and functions under this compact any and all donations, and grants of money, equipment, supplies, materials, and services (conditional or otherwise) from any state or the United States or any subdivision or agency thereof, or interstate agency, or from any institution, person, firm, or corporation, and may receive, utilize and dispose of the same.

(i) The Board may establish and maintain such facilities as may be necessary for the transacting of its business. The Board may acquire, hold, and convey real and personal property and any interest therein.

(j) The Board shall adopt bylaws, rules, and regulations for the conduct of its business, and shall have the power to amend and rescind these bylaws, rules, and regulations. The Board shall publish its bylaws, rules, and regulations in convenient form and shall file a copy thereof, and shall also file a copy of any amendment thereto, with the appropriate agency or officer in each of the party states.

(k) The Board annually shall make to the governor of each party state, a report covering the activities of the Board for the preceding year, and embodying such Recommendations as may have been adopted by the Board, which report shall be transmitted to the legislature of said state. The Board may issue such additional reports as it may deem desirable.

ARTICLE III Finances (a) The Board shall submit to the executive head or designated officer or officers of each party state a budget of its estimated expenditures for such period as may be required by the laws of that jurisdiction for presentation to the legislature thereof. (b) Each of the Board's budgets of estimated expenditures shall contain specific recommendations of the amount or amounts to be appropriated by each of the party states. One-half (1/2) of the total amount of each budget of estimated expenditures shall be apportioned among the party states in equal shares; one-quarter (1/4) of each such budget shall be apportioned among the party states in accordance with the ratio of their populations to the total population of the entire group of party states based on the last decennial federal census; and one-quarter (1/4) of each budget shall be apportioned among the party states on the basis of the relative average per capita income of the inhabitants in each of the party states based on the latest computations published by the federal census-taking agency. Subject to appropriation by their respective legislatures, the Board shall be provided with such funds by each of the party states as are necessary to provide the means of establishing and maintaining facilities, a staff of personnel, and such activities as may be necessary to fulfill the powers and duties imposed upon and entrusted to the Board. (c) The Board may meet any of its obligations in whole or in part with funds available to it under Article II(h) of this compact, provided that the Board takes specific action setting aside such funds prior to the incurring of any obligations to be met in whole or in part in this manner. Except where the Board makes use of funds available to it under Article II(h) hereof, the Board shall not incur any obligations prior to the allotment of funds by the party jurisdictions adequate to meet the same. (d) The Board shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Board shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Board shall be audited yearly by a qualified public accountant and the report of the audit shall be included in and become part of the annual report of the Board. (e) The accounts of the Board shall be open at any reasonable time for inspection.

(a) The Board shall submit to the executive head or designated officer or officers of each party state a budget of its estimated expenditures for such period as may be required by the laws of that jurisdiction for presentation to the legislature thereof.

(b) Each of the Board's budgets of estimated expenditures shall contain specific recommendations of the amount or amounts to be appropriated by each of the party states. One-half (1/2) of the total amount of each budget of estimated expenditures shall be apportioned among the party states in equal shares; one-quarter (1/4) of each such budget shall be apportioned among the party states in accordance with the ratio of their populations to the total population of the entire group of party states based on the last decennial federal census; and one-quarter (1/4) of each budget shall be apportioned among the party states on the basis of the relative average per capita income of the inhabitants in each of the party states based on the latest computations published by the federal census-taking agency. Subject to appropriation by their respective legislatures, the Board shall be provided with such funds by each of the party states as are necessary to provide the means of establishing and maintaining facilities, a staff of personnel, and such activities as may be necessary to fulfill the powers and duties imposed upon and entrusted to the Board.

(c) The Board may meet any of its obligations in whole or in part with funds available to it under Article II(h) of this compact, provided that the Board takes specific action setting aside such funds prior to the incurring of any obligations to be met in whole or in part in this manner. Except where the Board makes use of funds available to it under Article II(h) hereof, the Board shall not incur any obligations prior to the allotment of funds by the party jurisdictions adequate to meet the same.

(d) The Board shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Board shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Board shall be audited yearly by a qualified public accountant and the report of the audit shall be included in and become part of the annual report of the Board.

(e) The accounts of the Board shall be open at any reasonable time for inspection.

ARTICLE IV Advisory Committees The Board may establish such advisory and technical committees as it may deem necessary, membership on which to include but not be limited to private citizens, expert and lay personnel, representatives of industry, labor, commerce, agriculture, civil associations, medicine, education, voluntary health agencies, and officials of local, state and federal government, and may cooperate with and use the services of any such committees and the organizations which they represent in furthering any of its activities under this compact. It is not the intent of this Act to withdraw or affect Arkansas's continued membership, participation, and support of the Southern Interstate Nuclear Compact until at least nine (9) of the party states to the Southern Interstate Nuclear Compact approve substantially the same changes in the Compact as are provided in this Act, and the Congress of the United States consents to the Compact substantially as amended by this Act.

The Board may establish such advisory and technical committees as it may deem necessary, membership on which to include but not be limited to private citizens, expert and lay personnel, representatives of industry, labor, commerce, agriculture, civil associations, medicine, education, voluntary health agencies, and officials of local, state and federal government, and may cooperate with and use the services of any such committees and the organizations which they represent in furthering any of its activities under this compact. It is not the intent of this Act to withdraw or affect Arkansas's continued membership, participation, and support of the Southern Interstate Nuclear Compact until at least nine (9) of the party states to the Southern Interstate Nuclear Compact approve substantially the same changes in the Compact as are provided in this Act, and the Congress of the United States consents to the Compact substantially as amended by this Act.

ARTICLE V Powers The Board shall have power to: (a) Ascertain and analyze on a continuing basis the position of the South with respect to energy, energy-related industries, and environmental concerns. (b) Encourage the development, conservation, and responsible use of energy and energy-related facilities, installations, and products as part of a balanced economy and healthy environment. (c) Collect, correlate, and disseminate information relating to civilian uses of energy and energy-related materials and products. (d) Conduct, or cooperate in conducting, programs of training for state and local personnel engaged in any aspect of: (1) energy, environment and applications of energy, environmental, and related concerns to industry, medicine, or education or the promotion or regulation thereof; (2) the formulation or administration of measures designed to promote safety in any matter related to the development, use or disposal of energy and energy-related materials, products, installations, or wastes. (e) Organize and conduct, or assist and cooperate in organizing and conducting, demonstrations of energy product, material, or equipment use and disposal and of proper techniques or processes for the application of energy resources to the civilian economy or general welfare. (f) Undertake such nonregulatory functions with respect to sources of radiation as may promote the economic development and general welfare of the region. (g) Study industrial, health, safety, and other standards, laws, codes, rules, regulations, and administrative practices in or related to energy and environmental fields. (h) Recommend such changes in, or amendments or additions to, the laws, codes, rules, regulations, and administrative procedures and practices or ordinances of the party states in any of the fields of its interest and competence as in its judgment may be appropriate. Any such recommendation shall be made through the appropriate state agency with due consideration of the desirability of uniformity but shall also give appropriate weight to any special circumstances which may justify variations to meet local conditions. (i) Prepare, publish and distribute, (with or without charge) such reports, bulletins, newsletters or other material as it deems appropriate. (j) Cooperate with the United States Department of Energy or any agency successor thereto, any other officer or agency of the United States, and any other governmental unit or agency or officer thereof, and with any private persons or agencies in any of the fields of its interests. (k) Act as licensee of the United States Government or any party state with respect to the conduct of any research activity requiring such license and operate such research facility or undertake any program pursuant thereto. (l) Ascertain from time to time such methods, practices, circumstances, and conditions as may bring about the prevention and control of energy and environmental incidents in the area comprising the party states, to coordinate the nuclear, environmental, and other energy-related incident prevention and control plans and the work relating thereto of the appropriate agencies of the party states, and to facilitate the rendering of aid by the party states to each other in coping with energy and environmental incidents. The Board may formulate and, in accordance with need from time to time, revise a regional plan or regional plans for coping with energy and environmental incidents within the territory of the party states as a whole or within any subregion or subregions of the geographic area covered by this compact.

The Board shall have power to:

(a) Ascertain and analyze on a continuing basis the position of the South with respect to energy, energy-related industries, and environmental concerns.

(b) Encourage the development, conservation, and responsible use of energy and energy-related facilities, installations, and products as part of a balanced economy and healthy environment.

(c) Collect, correlate, and disseminate information relating to civilian uses of energy and energy-related materials and products.

(d) Conduct, or cooperate in conducting, programs of training for state and local personnel engaged in any aspect of: (1) energy, environment and applications of energy, environmental, and related concerns to industry, medicine, or education or the promotion or regulation thereof; (2) the formulation or administration of measures designed to promote safety in any matter related to the development, use or disposal of energy and energy-related materials, products, installations, or wastes.

(1) energy, environment and applications of energy, environmental, and related concerns to industry, medicine, or education or the promotion or regulation thereof;

(2) the formulation or administration of measures designed to promote safety in any matter related to the development, use or disposal of energy and energy-related materials, products, installations, or wastes.

(e) Organize and conduct, or assist and cooperate in organizing and conducting, demonstrations of energy product, material, or equipment use and disposal and of proper techniques or processes for the application of energy resources to the civilian economy or general welfare.

(f) Undertake such nonregulatory functions with respect to sources of radiation as may promote the economic development and general welfare of the region.

(g) Study industrial, health, safety, and other standards, laws, codes, rules, regulations, and administrative practices in or related to energy and environmental fields.

(h) Recommend such changes in, or amendments or additions to, the laws, codes, rules, regulations, and administrative procedures and practices or ordinances of the party states in any of the fields of its interest and competence as in its judgment may be appropriate. Any such recommendation shall be made through the appropriate state agency with due consideration of the desirability of uniformity but shall also give appropriate weight to any special circumstances which may justify variations to meet local conditions.

(i) Prepare, publish and distribute, (with or without charge) such reports, bulletins, newsletters or other material as it deems appropriate.

(j) Cooperate with the United States Department of Energy or any agency successor thereto, any other officer or agency of the United States, and any other governmental unit or agency or officer thereof, and with any private persons or agencies in any of the fields of its interests.

(k) Act as licensee of the United States Government or any party state with respect to the conduct of any research activity requiring such license and operate such research facility or undertake any program pursuant thereto.

(l) Ascertain from time to time such methods, practices, circumstances, and conditions as may bring about the prevention and control of energy and environmental incidents in the area comprising the party states, to coordinate the nuclear, environmental, and other energy-related incident prevention and control plans and the work relating thereto of the appropriate agencies of the party states, and to facilitate the rendering of aid by the party states to each other in coping with energy and environmental incidents. The Board may formulate and, in accordance with need from time to time, revise a regional plan or regional plans for coping with energy and environmental incidents within the territory of the party states as a whole or within any subregion or subregions of the geographic area covered by this compact.

ARTICLE VI Supplementary Agreements (a) To the extent that the Board has not undertaken an activity or project which would be within its power under the provisions of Article V of this compact, any two (2) or more of the party states (acting by their duly constituted administrative officials) may enter into supplementary agreements for the undertaking and continuance of such an activity or project. Any such agreement shall specify its purpose or purposes; its duration and the procedure for termination thereof or withdrawal therefrom; the method of financing and allocating the costs of the activity or project; and such other matters as may be necessary or appropriate. No such supplementary agreement entered into pursuant to this article shall become effective prior to its submission to and approval by the Board. The Board shall give such approval unless it finds that the supplementary agreement or the activity or project contemplated thereby is inconsistent with the provisions of this compact or a program or activity conducted by or participated in by the Board. (b) Unless all of the party states participate in a supplementary agreement, any cost or costs thereof shall be borne separately by the states party thereto. However, the Board may administer or otherwise assist in the operation of any supplementary agreement. (c) No party to a supplementary agreement entered into pursuant to this article shall be relieved thereby of any obligation or duty assumed by said party state under or pursuant to this compact, except that timely and proper performance of such obligation or duty by means of the supplementary agreement may be offered as performance pursuant to the compact.

(a) To the extent that the Board has not undertaken an activity or project which would be within its power under the provisions of Article V of this compact, any two (2) or more of the party states (acting by their duly constituted administrative officials) may enter into supplementary agreements for the undertaking and continuance of such an activity or project. Any such agreement shall specify its purpose or purposes; its duration and the procedure for termination thereof or withdrawal therefrom; the method of financing and allocating the costs of the activity or project; and such other matters as may be necessary or appropriate. No such supplementary agreement entered into pursuant to this article shall become effective prior to its submission to and approval by the Board. The Board shall give such approval unless it finds that the supplementary agreement or the activity or project contemplated thereby is inconsistent with the provisions of this compact or a program or activity conducted by or participated in by the Board.

(b) Unless all of the party states participate in a supplementary agreement, any cost or costs thereof shall be borne separately by the states party thereto. However, the Board may administer or otherwise assist in the operation of any supplementary agreement.

(c) No party to a supplementary agreement entered into pursuant to this article shall be relieved thereby of any obligation or duty assumed by said party state under or pursuant to this compact, except that timely and proper performance of such obligation or duty by means of the supplementary agreement may be offered as performance pursuant to the compact.

ARTICLE VII Other Laws and Relationships Nothing in this compact shall be construed to: (a) Permit or require any person or other entity to avoid or refuse compliance with any law, rules, regulation, order or ordinance of a party state or subdivision thereof now or hereafter made, enacted or in force. (b) Limit, diminish, or otherwise impair jurisdiction exercised by the Atomic Energy Commission, the United States Department of Energy, any agency successor thereto, or any other federal department, agency or officer pursuant to and in conformity with any valid and operative act of Congress. (c) Alter the relations between and respective internal responsibilities of the government of a party state and its subdivisions. (d) Permit or authorize the Board to exercise any regulatory authority or to own or operate any nuclear reactor for the generation of electric energy; nor shall the Board own or operate any facility or installation for industrial or commercial purposes.

Nothing in this compact shall be construed to:

(a) Permit or require any person or other entity to avoid or refuse compliance with any law, rules, regulation, order or ordinance of a party state or subdivision thereof now or hereafter made, enacted or in force.

(b) Limit, diminish, or otherwise impair jurisdiction exercised by the Atomic Energy Commission, the United States Department of Energy, any agency successor thereto, or any other federal department, agency or officer pursuant to and in conformity with any valid and operative act of Congress.

(c) Alter the relations between and respective internal responsibilities of the government of a party state and its subdivisions.

(d) Permit or authorize the Board to exercise any regulatory authority or to own or operate any nuclear reactor for the generation of electric energy; nor shall the Board own or operate any facility or installation for industrial or commercial purposes.

ARTICLE VIII Eligible Parties, Entry into Force and Withdrawal (a) Any or all of the states of Alabama, Arkansas, Delaware, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, Missouri, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia, West Virginia, the Commonwealth of Puerto Rico, and the United States Virgin Islands shall be eligible to become party to this compact. (b) As to any eligible party state, this compact shall become effective when its legislature shall have enacted the same into law; provided that it shall not become initially effective until enacted into law by seven (7) states. (c) Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall become effective until the governor of the withdrawing state shall have sent formal notice in writing to the governor of each other party state informing said governors of the action of the legislature in repealing the compact and declaring an intention to withdraw.

(a) Any or all of the states of Alabama, Arkansas, Delaware, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, Missouri, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia, West Virginia, the Commonwealth of Puerto Rico, and the United States Virgin Islands shall be eligible to become party to this compact.

(b) As to any eligible party state, this compact shall become effective when its legislature shall have enacted the same into law; provided that it shall not become initially effective until enacted into law by seven (7) states.

(c) Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall become effective until the governor of the withdrawing state shall have sent formal notice in writing to the governor of each other party state informing said governors of the action of the legislature in repealing the compact and declaring an intention to withdraw.

ARTICLE IX Severability and Construction The provisions of this compact and of any supplementary agreement entered into hereunder shall be severable and if any phrase, clause, sentence or provision of this compact or such supplementary agreement is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact or such supplementary agreement and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact or any supplementary agreement entered into hereunder shall be held contrary to the constitution of any state participating therein, the compact or such supplementary agreement shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters. The provisions of this compact and of any supplementary agreement entered into pursuant hereto shall be liberally construed to effectuate the purposes thereof.

The provisions of this compact and of any supplementary agreement entered into hereunder shall be severable and if any phrase, clause, sentence or provision of this compact or such supplementary agreement is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact or such supplementary agreement and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact or any supplementary agreement entered into hereunder shall be held contrary to the constitution of any state participating therein, the compact or such supplementary agreement shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters. The provisions of this compact and of any supplementary agreement entered into pursuant hereto shall be liberally construed to effectuate the purposes thereof.

Acts 1961, No. 429, § 1; 1967, No. 236, § 1; 1979, No. 1112, § 1; A.S.A. 1947, § 9-1101.