reglab/statecodes huggingface dataset:
Arkansas Administrative Code › Agency 109 - Arkansas Development Finance Authority › Division 04 - Multi-Family Housing › Rule 109.04.05-003 - 2006 Guidelines for Allocating Multi-Family Tax-Exempt Private Activity Volume Cap

Current through Register Vol. 49, No. 6, June, 2024
I.
INTRODUCTION
.
The Arkansas Development Finance Authority ("ADFA") has as one
				of its primary purposes, the creation and preservation of affordable housing
				for low and moderate income persons. ADFA has available tax-exempt bond
				authority to provide financing to private developers for the development of
				multi-family housing. In return for receiving below market interest rate
				financing, the developer is required to set aside units in the development for
				low and moderate income families and persons. The tax-exempt multi-family
				housing program is intended to encourage the creation of new rental housing
				units as well as the rehabilitation of existing rental units.
II.
USE OF PRIVATE ACTIVITY
			 VOLUME CAP
.
Any tax-exempt bond authority allocated pursuant to this
				program must be used to provide permanent financing for the development. The
				authority is not intended for short-term escrow financing, construction
				financing or any other financing, which is not permanent financing for the
				development. All units must be rental units and be "complete" units.
III.
FEDERAL TAX
			 REGULATIONS AND REQUIREMENTS
.
The applicant is responsible for understanding and following
				all applicable tax law requirements for the proposed project.
IV.
CONTINUOUS FUNDING
			 ROUND
.
Approximately Twenty-three Million Nine Hundred Eighteen
				Thousand Dollars ($23,918,000) will be available for reservation in
				2006.
V.
RECEIPT OF APPLICATION
.
Application for 2006 Multifamily Private Activity Volume Cap
				requires completion of a 2006 Multi-Family Housing Application and compliance
				with :
1) The Second Amended Rules and
			 Regulations Implementing the Law on the Allocation of the State Volume Cap for
			 Private Activity Bonds Pursuant to Act 1044 of 2001;
2) these 2006 Guidelines for Allocating
			 Multi-Family Tax Exempt Activity Volume Cap; and
3) the Housing Credit Program 2006 Qualified
			 Allocation Plan. Applicants applying for tax-exempt bonds must utilize the four
			 percent (4%) tax credits. ADFA retains the authority to determine eligibility
			 to receive tax credits and the amount of tax credits to be allocated to the
			 development.
Only complete applications will be considered for funding.
				Facsimiles and e-mails will not be accepted.
All applications must be
				submitted online as provided by ADFA (if available) and by submitting a tabbed,
				3-ring bound hardcopy delivered to ADFA
.
at the following
				address:
ARKANSAS DEVELOPMENT FINANCE AUTHORITY
Attn: Multi-Family Housing Department
423
				Main Street, Suite 500
Little Rock, AR 72201
Telephone Number: 501-682-5900
Following review of any application by ADFA staff,
				applicants will be notified of the date and time the applicant will be required
				to make a formal presentation of its development for approval to the Board
				Housing Review Committee.
Arkansas Administrative Code › Agency 109 - Arkansas Development Finance Authority › Division 04 - Multi-Family Housing › Rule 109.04.06-004 - Changes to the Multi-Family Housing Minimum Design Standards

Current through Register Vol. 49, No. 6, June, 2024
The following outline of minimum standards must be used in
				designing Multi-Family developments receiving low-income housing tax
				credits.
Any deviation from these standards must receive prior
				written approval from the Arkansas Development Finance Authority. In addition
				to these minimum standards, all developments must be designed in accordance
				with all federal and state accessibility requirements, Fair Housing
				requirements, and any applicable local, state and national building
				codes.
I.
Site Selection
			 Criteria:
Any development site proposed within the 100-year flood plain.
				The community where located must be currently participating in the National
				Flood Insurance Program. Flood Insurance must be obtained and maintained
				throughout the affordability period. Any part of the site that will undergo
				development, i.e., residential buildings, community buildings, playgrounds,
				swimming pools, recreational areas, sidewalks and parking areas, must be raised
				to level no less than one (1) foot about the flood plain level.
II.
Drawing Submission
			 Criteria:
The following documents shall be prepared by a registered
				architect or engineered licensed to practice in the State of Arkansas.
A.
Site Plan
: The
			 following items must be shown.
1. Scale: 1
			 inch = 40 feet or larger for typical units.
2. North arrow.
3. Locations of existing buildings,
			 utilities, roadways, parking areas if applicable.
4. Existing site/zoning restrictions
			 including setbacks, rights of ways, boundary lines, wetlands, and flood
			 plain.
5. All proposed changes and
			 proposed buildings, parking, utilities, and landscaping.
6. Existing and proposed topography of
			 site.
7. Finished floor height
			 elevations and all new paving dimensions and elevations.
8. Identification of all specialty apartment
			 units, including, but not limited to, designated handicapped accessible and
			 sensory impaired apartment units.
9. Site accessibility design
			 requirements.
Arkansas Administrative Code › Agency 109 - Arkansas Development Finance Authority › Division 04 - Multi-Family Housing › Rule 109.04.06-005 - 2007 Guidelines for Allocation of Private Activity Volume Cap

Current through Register Vol. 49, No. 6, June, 2024
I.
INTRODUCTION
.
The Arkansas Development Finance Authority ("ADFA") has as one
				of its primary purposes, the creation and preservation of affordable housing
				for low and moderate income persons. ADFA has available tax-exempt bond
				authority to provide financing to private developers for the development of
				multi-family housing. In return for receiving below market interest rate
				financing, the developer is required to set aside units in the development for
				low and moderate income families and persons. The tax-exempt multi-family
				housing program is intended to encourage the creation of new rental housing
				units as well as the rehabilitation of existing rental units.
II.
USE OF PRIVATE ACTIVITY
			 VOLUME CAP
.
Any tax-exempt bond authority allocated pursuant to this
				program must be used to provide permanent financing for the development. The
				authority is not intended for short-term escrow financing, construction
				financing or any other financing, which is not permanent financing for the
				development. All units must be rental units and be "complete" units.
III.
FEDERAL TAX
			 REGULATIONS AND REQUIREMENTS
.
The applicant is responsible for understanding and following
				all applicable tax law requirements for the proposed project.
IV.
CONTINUOUS FUNDING
			 ROUND
.
Approximately Ninety-eight Million Six Hundred Sixty-four
				Thousand Dollars ($98,664,000) will be available for reservation in 2007.
				Pursuant to Ark. Code Ann. §
									15-5-603, approximately
				$24,661,000 will be available for issuance by ADFA and approximately
				$73,983,000 will be available for issuance by any issuer authorized to issue
				such bonds.
V.
RECEIPT OF APPLICATION
.
Application for 2007 Multifamily Private Activity Volume Cap
				requires completion of a 2007 Multi-Family Housing Application and compliance
				with:
1. The Second Amended Rules and
			 Regulations Implementing the Law on the
Allocation of the State Volume Cap for Private Activity Bonds
				Pursuant to Act 1044 of 2001 ("Volume Cap Rules and Regulations");
2. These 2007 Guidelines for
			 Allocating Multi-Family Tax Exempt Activity Volume Cap; and
3) The Housing Credit Program 2007 Qualified
			 Allocation Plan ("QAP"). Applicants applying for tax-exempt bonds must utilize
			 the four percent (4%) Low-Income Housing tax credits. ADFA retains the
			 authority to determine eligibility to receive tax credits and the amount of tax
			 credits to be awarded to the development.
Only complete applications will be considered for funding.
				Facsimiles and e-mails will not be accepted.
All applications must be
				submitted online as provided by ADFA (if available) and by submitting a tabbed,
				3-ring bound hardcopy delivered to ADFA at the following address:
Arkansas Administrative Code › Agency 109 - Arkansas Development Finance Authority › Division 04 - Multi-Family Housing › Rule 109.04.07-002 - 2008 Housing Credit Program Qualified Allocation Plan

Current through Register Vol. 49, No. 6, June, 2024
I.
DEVELOPMENT OF THE PLAN
.
The Arkansas Development Finance Authority ("ADFA" or the
				"Authority") is charged with the responsibility of administering federal
				low-income housing tax credits ("Housing Credits") for the State of Arkansas
				(the "State"). ADFA is also charged with the responsibility of promulgating
				rules and regulations concerning the allocation of the Arkansas low-income
				housing tax credit (the "State Housing Credits") pursuant to Ark. Code Ann.
				§
									26-51-1701
et
				seq
. The Tax Reform Act of 1986 created the Housing Credit to
				encourage the private sector to invest in the construction and rehabilitation
				of housing for low and moderate-income individuals and families. Section 42 of
				the Internal Revenue Code of 1986, as amended ("IRC" or the "Code"), mandates
				that housing credit agencies adopt a Qualified Allocation Plan for allocation
				of the Housing Credit to low-income rental developments throughout their
				respective states. Low-income housing tax credits shall be allocated in
				accordance with this plan or any amendments thereto.
II.
LIMITS ON ALLOCATION OF
			 CREDITS
.
The Code requires that ADFA determine "the [Housing Credit]
				dollar amount allocated to the development will not exceed the amount the
				housing credit agency determines is necessary for the financial feasibility of
				the development and its viability as a qualified low-income housing development
				throughout the credit period." Housing Credits will be limited to the amount
				the Authority, in its sole discretion, deems necessary. Housing Credits are not
				intended to provide the primary or principal source of financing for a
				development, but are intended to provide financial incentives sufficient to
				fill "gaps" which would otherwise exist in developing affordable rental housing
				for low-income households.
III.
HOUSING CREDIT
			 ALLOCATION STANDARDS
.
A.
AMOUNT
The base amount of annual credit authority is currently
				calculated at $1.95 per capita. This per capita amount is based upon population
				estimates released each year by the Internal Revenue Service.
The maximum amount of Housing Credits that may be reserved for
				allocation to one individual development shall be no more than
$400,000
of the annual Housing Credits available in the calendar year.
HOWEVER
,
the maximum amount of Housing
				Credits that may be reserved for allocation to one individual development that
				is:
1) located in a Designated
			 Low-Income County as defined in the 2005-2009 State Consolidated Plan, or
2) a development with a commitment
			 letter from USDA Rural Development, or 3) a qualified Assisted Living
			 development shall be no more than
$425,000
of the annual Housing
			 Credits available in the calendar year.
Arkansas Administrative Code › Agency 109 - Arkansas Development Finance Authority › Division 04 - Multi-Family Housing › Rule 109.04.08-001 - Guidelines for Allocating 2008 Tax-Exempt Multifamily Private Activity Volume Cap

Current through Register Vol. 49, No. 6, June, 2024
Section 1.
Statutory State Ceiling Allocations for Volume Cap
.
1.1
Prior to September 1 of Each
			 Year
. Pursuant to Ark. Code Ann. §
									15-5-603, until September 1 of
			 each year, "statutory allocations" from the aggregate state ceiling for volume
			 cap are to the following issuers in the percentages indicated:
(a) Sixty percent (60%) to the Authority,
Ark. Code Ann §
											15-5-603(a)(1)
, distributed as follows:
(i) Ten
			 percent (10%) for multifamily residential housing;
(ii) Seventeen percent (17%) for single
			 family residential housing;
(iii)
			 Thirty-three percent (33%) for industrial development;
Arkansas Administrative Code › Agency 109 - Arkansas Development Finance Authority › Division 04 - Multi-Family Housing › Rule 109.04.08-005 - 2009 Guidelines for the Allocation of Private Activity Volume Cap

Current through Register Vol. 49, No. 6, June, 2024
I.
INTRODUCTION
.
The Arkansas Development Finance Authority ("ADFA") has as one
				of its primary purposes the creation and preservation of affordable, rental
				housing for low and moderate income persons. ADFA has available volume cap for
				reservation in the issuance of tax-exempt bond authority to provide financing
				to private developers for the development of multi-family, rental housing. In
				return for receiving below market interest rate financing, the developer is
				required to set aside units in the development for low and moderate income
				families and persons. The reservation of volume cap in the tax-exempt bond
				multi-family housing program is intended to encourage the creation of new
				rental housing units as well as the rehabilitation of existing rental
				units.
II.
USE OF VOLUME CAP
.
Any volume cap reserved for the issuance of tax-exempt private
				activity bonds pursuant to this program must be used to provide permanent
				financing for the development. The authority is not intended for short-term
				escrow financing, construction financing or any other financing, which is not
				permanent financing for the development. All units must be rental units and be
				"complete" units.
III.
FEDERAL TAX REGULATIONS AND
			 REQUIREMENTS
.
The applicant is responsible for understanding and following
				all applicable tax law requirements for the proposed development.
IV.
CONTINUOUS
			 FUNDING ROUND
.
Pursuant to Ark. Code Ann. §
									15-5-603, approximately
				$26,209,000 in volume cap will be available for reservation through ADFA and
				approximately $78,628,500 will be available for allocation to any issuer
				authorized to issue tax-exempt private activity bonds for the development of
				multi-family residential rental housing.
V.
RECEIPT OF
			 APPLICATION
.
Application for 2009 Multifamily Volume Cap requires compliance
				with:
1. The Arkansas Development
			 Finance Authority Rules and Regulations Implementing the Law on the Allocation
			 of the State Volume Cap for Private Activity Bonds Pursuant to Act 1044 of 2001
			 ("Volume Cap Rules and Regulations") in effect at the time an application is
			 filed;
2. These 2009 Guidelines for
			 Reserving Volume Cap for Tax-Exempt Private Activity Bonds for Residential
			 Rental Housing ("2009 Bond Guidelines for Residential Rental Housing");
			 and
3. The Housing Credit Program
			 2009 Qualified Allocation Plan ("QAP"). Applicants applying to reserve volume
			 cap for tax-exempt bonds must utilize the four percent (4%) low-income housing
			 tax credits. ADFA retains the authority to determine eligibility to receive tax
			 credits and the amount of tax credits to be awarded to the
			 development.
Arkansas Administrative Code › Agency 109 - Arkansas Development Finance Authority › Division 04 - Multi-Family Housing › Rule 109.04.08-006 - Multi-Family Minimum Design Standards

Current through Register Vol. 49, No. 6, June, 2024
The following outline of minimum standards must be used in
				designing Multi-Family developments receiving low-income housing tax
				credits.
Any deviation from these standards must receive prior
				written approval from the Arkansas Development Finance Authority. In addition
				to these minimum standards, all developments must be designed in accordance
				with all federal and state accessibility requirements, Fair Housing
				requirements, and any applicable local, state and national building
				codes.
I.
Site Selection
			 Criteria:
Requirements for any development site
				within the 100-year flood plain
:
(A) The community where located must be
			 currently participating in the National Flood Insurance Program;
(B) Flood Insurance must be obtained and
			 maintained throughout the affordability period; and
(C) Any part of the site that will undergo
			 development, i.e., residential buildings, community buildings, playgrounds,
			 swimming pools, recreational areas, sidewalks and parking areas, must be raised
			 to no less than one (1) foot above the flood plain level.
Arkansas Administrative Code › Agency 109 - Arkansas Development Finance Authority › Division 04 - Multi-Family Housing › Rule 109.04.08-009 - 2009 Housing Credit Qualified Allocation Plan Amendment

Current through Register Vol. 49, No. 6, June, 2024
The following amends
Section IIIA.
of the 2009
				QAP to reflect:
1) the increase in the
			 per capita dollar amount of state housing credit ceiling to $2.30;
2) an increase the maximum amount of credits
			 per development from $450,000 to
$600,000;
however, if:
a) located in a Designated Low-Income County
			 as defined in 2005-2009 State Consolidated Plan; or
b) structure(s) are individually listed in
			 the National Register of Historic Places or have been determined to contribute
			 to a Registered Historic District; or
c) is a qualified Assisted Living
			 development; or
d) a development
			 with a commitment letter from USDA Rural Development the maximum amount of
			 credits per development increased from $475,000 to
$625,000;
and
Arkansas Administrative Code › Agency 109 - Arkansas Development Finance Authority › Division 04 - Multi-Family Housing › Rule 109.04.09-002 - 2008 Housing Credit Program Qualified Allocation Plan (QAP) Amendment - Administration of the Federal Low Income Housing Tax Credits for States

Current through Register Vol. 49, No. 6, June, 2024
VIII.
CARRYOVER ALLOCATION
.
ADFA will follow the Code for Carryover Allocation
				requirements. ADFA will issue a Carryover Allocation following receipt of that
				carryover documentation required by ADFA from the development owner on
December 8, 2008.
In order to continue to qualify for a Carryover Allocation, the
				owner's basis in the development as of October 1, 2009, ("Carryover Allocation
				Basis"), must exceed ten percent (10%) of the owner's reasonably expected basis
				in the development as of December 31, 2010. The owner will be required to prove
				its Carryover Allocation Basis in the development on documentation required by
				ADFA no later than October 1, 2009. Failure to provide the required
				documentation proving the owner's Carryover Allocation Basis in the development
				by October 1, 2009, will cause the Housing Credits to be returned.
The terms and conditions of the Multi-Family Housing
				Application will be incorporated into the Carryover Allocation
				documentation.
Arkansas Administrative Code › Agency 109 - Arkansas Development Finance Authority › Division 04 - Multi-Family Housing › Rule 109.04.09-004 - 2010 ADFA?s Multifamily Housing Minimum Design Standards

Current through Register Vol. 49, No. 6, June, 2024
The following outline of minimum standards must be used in
				designing Multi-Family developments receiving low-income housing tax
				credits.
Any deviation from these standards must receive prior
				written approval from the Arkansas Development Finance Authority. In addition
				to these minimum standards, all developments must be designed in accordance
				with all federal and state accessibility requirements, Fair Housing
				requirements, and any applicable local, state and national building
				codes.
I.
Site Selection
			 Criteria:
A.
New
			 Construction
: No waivers or other exceptions of the standards set
			 forth herein will be allowed, including, any request based upon "terrain or
			 unusual characteristics of the site's topography."
B.
Requirements for any
			 development site within the 100-year flood plain
:
(1) The community where located must be
			 currently participating in the National Flood Insurance Program;
(2) Flood Insurance must be obtained and
			 maintained throughout the affordability period; and
(3) Any part of the site that will undergo
			 development, i.e., residential buildings, community buildings, playgrounds,
			 swimming pools, recreational areas, sidewalks and parking areas, must be raised
			 to no less than one (1) foot above the flood plain level.
Arkansas Administrative Code › Agency 109 - Arkansas Development Finance Authority › Division 04 - Multi-Family Housing › Rule 109.04.10-005 - 2010 ADFA's Multifamily Housing Minimum Design Standards

Current through Register Vol. 49, No. 6, June, 2024
The following outline of minimum standards must be used in
				designing Multi-Family developments receiving low-income housing tax
				credits.
Any deviation from these standards must receive prior
				written approval from the Arkansas Development Finance Authority. In addition
				to these minimum standards, all developments must be designed in accordance
				with all federal and state accessibility requirements, Fair Housing
				requirements, and any applicable local, state and national building
				codes.
Applicant and architect shall execute separate verifications
				under oath that the representations set forth in Attachment G, Minimum Design
				Standards Checklist, will be met in the construction or rehabilitation of the
				proposed development and that all amenities and energy features represented in
				the application will be included in the construction or rehabilitation of the
				proposed development.
I.
Site
			 Selection Criteria:
A.
New
			 Construction
: No waivers or other exceptions of the standards set
			 forth herein will be allowed, including, any request based upon "terrain or
			 unusual characteristics of the site's topography."
B.
Requirements for any
			 development site within the 100-year flood plain
:
(1) The community where located must be
			 currently participating in the National Flood Insurance Program;
(2) Flood Insurance must be obtained and
			 maintained throughout the affordability period; and
(3) Any part of the site that will undergo
			 development, i.e., residential buildings, community buildings, playgrounds,
			 swimming pools, recreational areas, sidewalks and parking areas, must be raised
			 to no less than one (1) foot above the flood plain level.
Arkansas Administrative Code › Agency 109 - Arkansas Development Finance Authority › Division 04 - Multi-Family Housing › Rule 109.04.11-003 - 2012 Qualified Allocation Plan (QAP) and Minimum Design Standard

Current through Register Vol. 49, No. 6, June, 2024
The following outline of minimum standards must be used in
				designing Multi-Family developments receiving low-income housing tax
				credits.
Any deviation from these standards must receive prior
				written approval from the Arkansas Development Finance Authority. In addition
				to these minimum standards, all developments must be designed in accordance
				with all federal and state accessibility requirements, Fair Housing
				requirements, and any applicable local, state and national building
				codes.
Applicant and architect shall execute separate verifications
				under oath that the representations set forth in Attachment G, Minimum Design
				Standards Checklist, will be met in the construction or rehabilitation of the
				proposed development and that all amenities and energy features represented in
				the application will be included in the construction or rehabilitation of the
				proposed development. The general contractor for the development must sign off
				on Attachment G prior to issuance of the Notice to Proceed.
I.
Site Selection Criteria:
A.
New Construction
:
			 No waivers or other exceptions of the standards set forth herein will be
			 allowed, including, any request based upon "terrain or unusual characteristics
			 of the site's topography."
B.
Requirements for any development site within the 100-year
			 flood plain
:
(1) The
			 community where located must be currently participating in the National Flood
			 Insurance Program;
(2) Flood
			 Insurance must be obtained and maintained throughout the affordability period;
			 and
(3) Any part of the site that
			 will undergo development, i.e., residential buildings, community buildings,
			 playgrounds, swimming pools, recreational areas, sidewalks and parking areas,
			 must be raised to no less than one (1) foot above the flood plain
			 level.
Arkansas Administrative Code › Agency 109 - Arkansas Development Finance Authority › Division 04 - Multi-Family Housing › Rule 109.04.11-004 - 2012 Finance Adjustment Factor (FAF) / Below Market Interest Rate (BMIR) Program Policies

Current through Register Vol. 49, No. 6, June, 2024
Program Policies
Arkansas Development Finance Authority ("the Authority") is
				responsible for administering the FAF and BMIR funds. FAF funds arose from the
				refunding of bonds and recapture of Section 8 funds by the U.S. Department of
				Housing and Urban Development ("HUD"). BMIR funds arose from the Authority's
				purchase of approximately 301 multi-family housing mortgage loans of HUD
				through its issuance in June 1988 of Government National Mortgage Association
				Guaranteed Bonds.
The funds currently available are comprised of program income
				from previous FAF and BMIR loans. The purpose of these program policies is to
				clarify the use of FAF and BMIR funds, eligibility for the funds, and the
				Authority's requirements for use of FAF and BMIR funds, collectively the
				"FAF/BMIR Loan Fund". The Authority reserves the right to waive the policies
				contained herein as necessary to prudently administer the limited resource of
				FAF/BMIR funding.
I.
Eligibility
The FAF/BMIR Loan Fund is available to any entity that conforms
				to the requirements for providing affordable housing under any of the
				Authority's affordable rental housing programs for the construction or
				acquisition/rehabilitation of affordable rental housing for very low-income
				persons and families, defined as having total household income less than 50% of
				area median income.. The FAF/BMIR Loan funds are intended to be true gap
				financing, thus the FAF/BMIR loan funds must be leveraged. FAF/BMIR loan
				proceeds may only be used to pay development costs chargeable for federal
				income tax purposes to the development's capital account. The proposed number
				of units must be a minimum of five (5) units.
II.
Underwriting
			 Requirements
A. All
			 underwriting requirements and provisions in the Qualified Allocation Plan (the
			 "QAP") in effect at time of application submission are applicable to applicants
			 for FAF/BMIR Loan funds.
B. The
			 same percentage of total units in the development must be restricted to
			 households earning 50% or less of Area Median Income ("AMI") as the percentage
			 is of FAF/BMIR funds to the total development costs. These units will remain
			 FAF/BMIR restricted units for the duration of the affordability
			 period.
C. The rent of units
			 restricted pursuant to Section
			 II.B. may not
			 exceed 30% of the applicable AMI.
D. The maximum amount of loan funds that may
			 be awarded is $250,000 per development.
E. Copies of all other financing documents
			 must be submitted.
Arkansas Administrative Code › Agency 109 - Arkansas Development Finance Authority › Division 04 - Multi-Family Housing › Rule 109.04.12-001 - 2012 Qualified Energy Conservation Bonds (QECB) Volume Cap Allocation

Current through Register Vol. 49, No. 6, June, 2024
WHEREAS, 26
				USC §
									54D sets, a national Qualified
				Energy Conservation Bond (QECB) tax exempt bond volume cap allocation of
				$3,200,000,000 for the entire country.
WHEREAS, Arkansas got a QECB allocation of $29,623,000 divided
				among the State, the five largest counties in Arkansas and the City of Little
				Rock; and
WHEREAS, the Legislature of the State of Arkansas passed Act
				814 of 2011 to allow the Arkansas Development Finance Authority (ADFA) take the
				necessary actions to allow for the use of federally authorized volume cap;
				and
WHEREAS, ADFA is the administrator of volume cap in Arkansas
				for a variety of federally authorized bond financing programs; and
WHEREAS, Act 814 requires the promulgation of rules and
				regulations; and
WHEREAS, the Federal allocation has a short window of
				opportunity (timeframe) because the allocation expires December 31, 2013;
				and
WHEREAS, the Arkansas Economic Development Commission Arkansas
				Energy Office (AEDC AEO), and the Arkansas Development Finance Authority (ADFA)
				desire to work together for the implementation of the QECB bond allocation in
				the State; and
WHEREAS, the QECB method of finance leads to the conservation
				of energy and monetary savings to borrowers on financing costs;
NOW THEREFORE, BE IT RESOLVED, that the following rules and
				regulations implementingaplanfortheuseofQECB's developed pursuant to Act 814 of
				2011, are hereby adopted and shall be in effect fiom and affer the date set
				forth in section___of this resolution.
Rules and
				Regulations
1. The
			 QECB allocations to Little Rock, the counties in Arkansas, and the State will
			 be pooled together so that projects from all over the State can apply for bond
			 financing using QECB's.
2. Before
			 allocations to Little Rock or the other counties in Arkansas can be aggregated,
			 those governmental jurisdictions must waive the right to the volume cap
			 allocation to ADFA.
3. ADFA and
			 AEDC AEO will develop fact sheets about the QECB volume cap.
4. The requests for allocations will be
			 reviewed by a state agency review learn made up of staff from ADFA and the AEDC
			 AEO,
vMch
team shall make recommendations.
5. The Volume Cap Review Committee, made up
			 of the Directors of ADFA, AEDC, and Department of Finance and Administration
			 (DF& A) shall make the final determination on the requests for volume cap.
6. ADFA will perform the required
			 duties of administrator of the QECB volume cap allocation.
ADOPTED AND APPROVED this 15* day of December, 2011.
Thomas W. Spillyards, Chair Jesse Sharp, Vice Chair
Attested to:
Mac Dodson, ADFA Board Secretary
Arkansas Administrative Code › Agency 109 - Arkansas Development Finance Authority › Division 04 - Multi-Family Housing › Rule 109.04.13-001 - 2014 Qualified Allocation Plan (?QAP?)

Current through Register Vol. 49, No. 6, June, 2024
I.
DEVELOPMENT OF THE PLAN.
The Arkansas Development Finance Authority ("ADFA" or the
				"Authority") is charged with the responsibility of administering federal
				low-income housing tax credits ("Housing Credits") for the State of Arkansas
				(the "State"). ADFA is also charged with the responsibility of promulgating
				rules and regulations concerning the allocation of the Arkansas low-income
				housing tax credit (the "State Housing Credits") pursuant to Ark. Code Ann.
				§
									26-51-1701 et seq. The Tax Reform
				Act of 1986 created the Housing Credit to encourage the private sector to
				invest in the construction and rehabilitation of rental housing for low and
				moderate-income individuals and families (IRC Section 42). The Revenue
				Reconciliation Act of 1989 amended IRC Section 42(m) that requires allocating
				agencies to allocate low income housing tax credits pursuant to a Qualified
				allocation Plan ("QAP"). Low-income housing tax credits shall be allocated in
				accordance with this plan and any amendments thereto and are set forth
				below.
(1)
(A) QUALIFIED ALLOCATION PLAN
For purposes of this paragraph, the term 'qualified allocation
				plan' means any plan--
(i) which sets
			 forth selection criteria to be used to determine housing priorities of the
			 housing credit agency which are appropriate to local conditions,
(ii) which also gives preference in
			 allocating housing credit dollar amounts among, selected projects to-
(I)  projects serving the lowest income
			 tenants,
(II) projects obligated to
			 serve qualified tenants for the longest periods, and
(III) projects which are located in qualified
			 census tracts (as defined in subsection (d)(5)(C) (IRC Section 42)) and the
			 development of which contributes to a concerted community revitalization plan,
			 and
(iii) which provides
			 a procedure that the agency (or an agent or other private contractor of such
			 agency) will follow in monitoring for noncompliance with the provision of this
			 section and in notifying the Internal Revenue Service of such noncompliance
			 which such agency becomes aware of and in monitoring for noncompliance with
			 habitability standards through regular site visits.
Arkansas Administrative Code › Agency 109 - Arkansas Development Finance Authority › Division 04 - Multi-Family Housing › Rule 109.04.14-001 - Multi Family Qualified Allocation Plan (QAP) 2014

Current through Register Vol. 49, No. 6, June, 2024
I.
DEVELOPMENT OF THE
			 PLAN.
The Arkansas Development Finance Authority ("ADFA" or the
				"Authority") is charged with the responsibility of administering federal
				low-income housing tax credits ("Housing Credits") for the State of Arkansas
				(the "State"). ADFA is also charged with the responsibility of promulgating
				rules and regulations concerning the allocation of the Arkansas low-income
				housing tax credit (the "State Housing Credits") pursuant to Ark. Code Ann.
				§
									26-51-1701 et seq. The Tax Reform
				Act of 1986 created the Housing Credit to encourage the private sector to
				invest in the construction and rehabilitation of rental housing for low and
				moderate-income individuals and families (IRC Section 42). The Revenue
				Reconciliation Act of 1989 amended IRC Section 42(m) that requires allocating
				agencies to allocate low income housing tax credits pursuant to a Qualified
				allocation Plan ("QAP"). Low-income housing tax credits shall be allocated in
				accordance with this plan and any amendments thereto and are set forth
				below.
(1)
(A) QUALIFIED ALLOCATION PLAN
For purposes of this paragraph, the term 'qualified allocation
				plan' means any plan--
(i) which sets
			 forth selection criteria to be used to determine housing priorities of the
			 housing credit agency which are appropriate to local conditions,
(ii) which also gives preference in
			 allocating housing credit dollar amounts among, selected projects to-
(I) projects serving the lowest income
			 tenants,
(II) projects obligated
			 to serve qualified tenants for the longest periods, and
(III) projects which are located in qualified
			 census tracts (as defined in subsection (d)(5)(C) (IRC Section 42)) and the
			 development of which contributes to a concerted community revitalization plan,
			 and
(iii) which provides
			 a procedure that the agency (or an agent or other private contractor of such
			 agency) will follow in monitoring for noncompliance with the provision of this
			 section and in notifying the Internal Revenue Service of such noncompliance
			 which such agency becomes aware of and in monitoring for noncompliance with
			 habitability standards through regular site visits.
Arkansas Administrative Code › Agency 116 - SECRETARY OF STATE › Rule 116.00.09-001 - Registration of International Student Exchange Visitor Placement Organizations

Current through Register Vol. 49, No. 6, June, 2024
1.00
Authority
1.01 The Arkansas
		  Secretary of State's authority for promulgating this rule is pursuant to Ark.
		  Code Ann. §
								6-18-1705.
1.02 This rule shall be known as the rule for
		  the Registration of International Student Exchange Visitor Placement
		  Organizations
Arkansas Administrative Code › Agency 116 - SECRETARY OF STATE › Rule 116.00.09-002 - Central Filing with the Secretary of State for Agricultural Liens and Farm-related security interests - Transitions

Current through Register Vol. 49, No. 6, June, 2024
1.00
Authority
1.01 The Arkansas Secretary of State's
		  authority for promulgating this rule is pursuant to Ark. Code Ann. §
								4-9-526.
1.02 This rule shall be known as the rule for
		  Central Filing with the Secretary of State for Agricultural Liens and
		  Farm-related Security Interests -Transition.
Arkansas Administrative Code › Agency 116 - SECRETARY OF STATE › Rule 116.00.13-001 - Rules for Financial Disclosure by Members of County Boards of Election Commissioners

Current through Register Vol. 49, No. 6, June, 2024
1.00
Authority and Title
1.01 The
		  Arkansas Secretary of State is required by Act 443 of 2013 to promulgate these
		  rules.
1.02 The rules shall be
		  known as the "Rules for Financial Disclosure by Members of County Boards of
		  Election Commissioners."
Arkansas Administrative Code › Agency 116 - SECRETARY OF STATE › Rule 116.00.13-003 - Rules for Electronic Notarial Acts in the State of Arkansas

Current through Register Vol. 49, No. 6, June, 2024
1.00
Purpose
1.01 The purpose of this rule
		  is to provide procedures for implementing a system allowing for the electronic
		  notarization of documents by a notary specifically commissioned to
		  electronically notarize documents in the State of Arkansas.
Arkansas Administrative Code › Agency 116 - SECRETARY OF STATE › Rule 116.00.21-001 - Rules to Create the Process for Becoming a Secure Voter

Current through Register Vol. 49, No. 6, June, 2024
I. Authority and Purpose
a. These rules are promulgated pursuant to
		  Act 980 of 2021.
b. The purpose of
		  these rules is to create the process by which registered voters who are victims
		  of domestic violence may shield their address or addresses from public view by
		  becoming secure voters.
Arkansas Administrative Code › Agency 117 - Board of Examiners in Speech Pathology and Audiology › Rule 117.00.05-001 - Rule Changes

Current through Register Vol. 49, No. 6, June, 2024
SECTION 1.
ORGANIZATION AND PROCEDURES OF THE BOARD
1.1 The officers of the Board shall consist of a Chair, Vice Chair, and Treasurer. Officers shall be elected by members, with elections to be held annually during the first sixty (60) days of each fiscal year.
1.2 Committees shall be appointed by the Chair when such appointments are necessary.
1.3 The Board shall hold at least four (4) meetings annually, one (1) within sixty (60) days of the beginning of the fiscal year and one (1) before the end of the calendar year, at a time and place designated by the Chair. Additional meetings may be called by the Chair or upon a vote of the majority of the members. The Chair shall designate the date, time, and place of each meeting of the Board. Notice of the time and place of each additional meeting shall be transmitted to the Board members and the press by the Chair at least fifteen (15) days before the meeting is to be held. When the Chair or a majority of the members calls a meeting under special circumstances, direct oral or telephone notification shall be given by the Chair as soon as practical, pursuant to the Arkansas Freedom of Information Act, before the meeting is to be held.
1.4 Each Board member shall receive per diem and travel allowance as permitted by applicable state law to attend Board meetings and to conduct the official business of the Board.
1.5 Ark. Code Ann. & 25-15-201 et seq. shall govern the Board in all matters in which it is applicable.
1.6 All communications directed to the Board must be in written form, as a matter of record, before official consideration will be given to any issue, request, or submission to the Board.
1.7 The Board shall have such forms as are required for the discharge of its responsibilities.
1.8 Following July 1 each year the Board shall publish complete lists of the names of all ABESPA licensed speech-language pathologists and audiologists.
1.9 All applicants shall receive copies of the statutes and rules and regulations concerning ethical standards of practice and procedures established by the Board. Any amendments shall be sent to licensed speech-language pathologists and audiologists.
Arkansas Administrative Code › Agency 117 - Board of Examiners in Speech Pathology and Audiology › Rule 117.00.14-001 - Updated Rules and Regulations

Current through Register Vol. 49, No. 6, June, 2024
SECTION 1.
ORGANIZATION AND PROCEDURES OF THE BOARD
1.1 The officers of the Board shall consist of a Chair, Vice Chair, and Treasurer. Officers shall be elected by members, with elections to be held annually during the first sixty (60) days of each fiscal year.
1.2 Committees shall be appointed by the Chair when such appointments are necessary.
1.3 The Board shall hold at least four (4) meetings annually, one (1) within sixty (60) days of the beginning of the fiscal year and one (1) before the end of the calendar year, at a time and place designated by the Chair. Additional meetings may be called by the Chair or upon a vote of the majority of the members. The Chair shall designate the date, time, and place of each meeting of the Board. Notice of the time and place of each additional meeting shall be transmitted to the Board members and the press by the Chair at least fifteen (15) days before the meeting is to be held. When the Chair or a majority of the members calls a meeting under special circumstances, direct oral or telephone notification shall be given by the Chair as soon as practical, pursuant to the Arkansas Freedom of Information Act, before the meeting is to be held.
1.4 Each Board member shall receive per diem and travel allowance as permitted by applicable state law to attend Board meetings and to conduct the official business of the Board.
1.5 Ark. Code Ann. & 25-15-201 et seq. shall govern the Board in all matters in which it is applicable.
1.6 All communications directed to the Board must be in written form, as a matter of record, before official consideration will be given to any issue, request, or submission to the Board.
1.7 The Board shall have such forms as are required for the discharge of its responsibilities.
1.8 Following July 1 each year the Board shall publish complete lists of the names of all ABESPA licensed speech-language pathologists and audiologists.
1.9 All applicants shall receive copies of the statutes and rules and regulations concerning ethical standards of practice and procedures established by the Board. All licensed speech-language pathologists and audiologists shall have access to any amendments.
Arkansas Administrative Code › Agency 118 - DEPARTMENT OF ENERGY AND ENVIRONMENT › Division 01 - Arkansas Pollution Control and Ecology Commission › Rule 118.01.21-002 - Rule 1, "Prevention of Pollution by Oil Field Waste"

Current through Register Vol. 49, No. 6, June, 2024
RULE NO.1
PREVENTION OF POLLUTION BY
			 OIL FIELD WASTE
CHAPTER 1
:
			 GENERAL PROVISIONS
Rule 1.101
Title
This rule shall be known by and may be cited as "Rule No. 1:
				Prevention of Pollution by Oil Field Waste."
Rule 1.102
Authority
The legal authority for this rule is the Arkansas Water and Air
				Pollution Control Act, Ark. Code Ann. §
											8-4-101
et
				seq.
Rule 1.103
Purpose
The purpose of this rule is to prevent any oil field waste,
				including without limitation salt water, from entering any water of the
				State.
Rule 1.104
Applicability
This rule applies to any surface facility associated with a
				disposal system for oil field waste.
Arkansas Administrative Code › Agency 118 - DEPARTMENT OF ENERGY AND ENVIRONMENT › Division 01 - Arkansas Pollution Control and Ecology Commission › Rule 118.01.21-006 - Rule 9, "Fee Rule"

Current through Register Vol. 49, No. 6, June, 2024
RULE NO. 9
FEE RULE
CHAPTER 1
: TITLE
Rule 9.101
Title
This rule shall be known by and may be cited by the short title
				"Rule No. 9: Fees."
Rule
			 9.102
Purpose
It is the purpose of this rule to develop and implement a
				system of fees for permits issued by the Division of Environmental Quality
				pursuant to the provisions of the Water and Air Pollution Control Act (Act 472
				of 1949, as amended, Ark. Code Ann. §
											8-4-101
et
				seq
.) or the Solid Waste Management Act (Act 237 of 1971, as amended,
				Ark. Code Ann. §
											8-6-201
et
				seq
.). Act 817 of 1983, as amended, Act 1254 of 1993, as amended, and
				Act 1052 of 1999 (Ark. Code Ann. § 81-101
et seq
.)
				authorize the collection and enforcement of these fees and authorize their use
				to defray the costs of operating the Division.
It is also the purpose of this rule to assess reasonable fees
				to establish and to administer the State Environmental Laboratory Certification
				Program Act (Act 876 of 1985, as amended, Ark. Code Ann. §
											8-2-201
et
				seq
.)
Rule 9.103
Applicability
Permit fees established by this rule shall be applicable to all
				water permits, including nodischarge and closed system permits, issued under
				the provisions of the Water and Air Pollution Control Act, as amended, all air
				permits issued under the Water and Air Pollution Control Act, as amended, or
				any federal water or air permit program where permitting authority has been
				delegated to the Division (unless fees for such a program are otherwise
				provided by law), and all solid waste disposal permits issued under the
				provisions of the Solid Waste Management Act, as amended, and the Solid Waste
				Management Code. Facilities operating under the provisions of the "Permits by
				Rule" or "Authorization by Rule" are exempt from this rule until such time that
				the facility submits an application for an individual permit within each
				applicable permit category.
Laboratory certification fees established by this rule shall be
				applicable to all laboratories certified by the Division. The fees include, but
				are not limited to, the reasonable costs of administering the provisions of the
				program and the reasonable administrative costs of initial issuance, initial
				certificate, renewed certificates, and the expenses associated with conducting
				evaluations.
Rule 9.104
Severability
If any provision of this Rule or the application thereof to any
				person or circumstance is held invalid, its invalidity shall not affect other
				provisions or applications of this Rule that can be given effect without the
				invalid portion or application, and to this end the provisions of this Rule are
				declared to be severable.
Arkansas Administrative Code › Agency 118 - DEPARTMENT OF ENERGY AND ENVIRONMENT › Division 01 - Arkansas Pollution Control and Ecology Commission › Rule 118.01.21-007 - Rule 11, "Rules for Solid Waste Disposal Fees; Landfill Post-Closure Trust Fund; Solid Waste Management and Recycling Fund Distribution; and Recycling Grant Programs"

Current through Register Vol. 49, No. 6, June, 2024
RULE NO.11
			 RULES FOR SOLID WASTE DISPOSAL FEES; LANDFILL POST-CLOSURE TRUST FUND; SOLID
			 WASTE MANAGEMENT AND RECYCLING FUND DISTRIBUTION; AND RECYCLING GRANT PROGRAMS
CHAPTER ONE
: GENERAL PROVISIONS
Rule 11.101
Purpose
(A)
Purpose
It is the purpose of this rule, pursuant to the provisions of
				the Solid Waste Management and Recycling Fund Act, Ark. Code Ann. §
												8-6-601
et
				seq.
; the Landfill Post-Closure Trust Fund Act, Ark. Code Ann. §
												8-6-1001
et
				seq.
; and the Regional Solid Waste Management Districts and Boards
				Act, Ark. Code Ann. §
												8-6-701
et seq.
, to develop and implement systems for:
(1) The collection of fees for waste received
			 at landfill facilities within the State of Arkansas, and the collection of fees
			 for waste generated within the state and transported to landfill facilities in
			 other states;
(2) The
			 administration of a landfill post-closure trust fund program;
(3) The administration of a solid waste
			 management planning and recycling fund distribution program; and
(4) The administration of grants for
			 recycling.