AR
Arkansas Senate Bill SB78

Arkansas 2024 Regular Session

Arkansas Senate Bill SB78 Compare Versions

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11 Stricken language would be deleted from and underlined language would be added to present law.
2-Act 173 of the Fiscal Session
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5-State of Arkansas As Engrossed: S4/23/24 1
4+State of Arkansas 1
65 94th General Assembly A Bill 2
76 Fiscal Session, 2024 SENATE BILL 78 3
87 4
9-By: Senators J. Bryant, Irvin 5
8+By: Senator J. Bryant 5
109 By: Representative McClure 6
1110 7
1211 For An Act To Be Entitled 8
1312 AN ACT TO AMEND THE ARKANSAS DATA CENTER S ACT OF 9
1413 2023; TO CREATE REQU IREMENTS FOR NOISE R EDUCTION IN 10
1514 THE OPERATION OF A D IGITAL ASSET MINING BUSINESS; TO 11
1615 CLARIFY THE ABILITY OF AN ARKANSAS RESID ENT TO ENGAGE 12
1716 IN HOME DIGITAL ASSE T MINING; TO PROHIBIT FOREIGN-13
1817 PARTY-CONTROLLED OWNERSHIP OF A DIGITAL ASSET M INING 14
1918 BUSINESS IN ARKANSAS ; TO DECLARE AN EMER GENCY; AND 15
2019 FOR OTHER PURPOSES. 16
2120 17
2221 18
2322 Subtitle 19
2423 TO AMEND THE ARKANSAS DATA CENTERS ACT OF 20
2524 2023; TO PROHIBIT FOREIGN -PARTY-21
2625 CONTROLLED OWNERSHIP OF A DIGITAL ASSET 22
2726 MINING BUSINESS; AND TO DECLARE AN 23
2827 EMERGENCY. 24
2928 25
3029 26
3130 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 27
3231 28
3332 SECTION 1. Arkansas Code § 14 -1-603(10), concerning the definition of 29
3433 "ordinance" under the Arkansas Data Centers Act of 2023, is amended to read 30
3534 as follows: 31
3635 (10) "Ordinance" means an ordinance, resolution, or other 32
3736 appropriate legislative enactment of a legislative body that: 33
3837 (A) Prohibits an individual from operating a business from 34
3938 a residence; or 35
40- (B) Requires an individual to obtain approval before 36 As Engrossed: S4/23/24 SB78
39+ (B) Requires an individual to obtain approval before 36 SB78
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4443
4544 operating a business from a residence ; 1
4645 2
4746 SECTION 2. Arkansas Code § 14 -1-604(a), concerning requirements that a 3
4847 digital asset mining business shall comply with to operate in Arkansas, is 4
4948 amended to read as follows: 5
5049 (a) A digital asset mining business may operate in this state if the 6
5150 digital asset mining business complies with: 7
5251 (1) State law concerning business guidelines and tax policies; 8
5352 (2)(1) Any ordinance concerning operations and safety ordinance; 9
5453 (3)(2) Any rule or rate for utility service provided by or on 10
5554 behalf of a public entity; and 11
5655 (4)(3) State and federal employment laws law. 12
5756 13
5857 SECTION 3. Arkansas Code § 14 -1-604(b), concerning requirements that a 14
59-digital asset mining business shall comply with, is amended to add additional 15
60-subdivisions to read as follows: 16
58+digital asset mining business shall comply with, is amended to add an 15
59+additional subdivision to read as follows: 16
6160 (3) Apply noise-reduction techniques, including without 17
6261 limitation: 18
6362 (A) Using liquid cooling or submerged cooling; 19
6463 (B)(i) Fully enclosing the envelope. 20
65- (ii)(a) As used in subdivision (b)(3)(B)(i) of this 21
64+ (ii) As used in subdivision (b)(3)(B)(i) of this 21
6665 section, "fully enclosing the envelope" means enfolding the envelope where 22
6766 noise from the operation of a digital asset mining business is directly 23
6867 produced around all sides, including above and below the equipment producing 24
6968 the noise, with material that is reasonably calculated by industry standards 25
7069 to reduce noise emissions to a level that is acceptable to a reasonable 26
71-person under similar circumstances. 27
72- (b) Except as provided in subdivision 28
73-(b)(3)(B)(ii)(c) of this section, "fully enclosing the envelope" does not 29
74-include utilizing a passively cooled premanufactured container without 30
75-additionally enclosing the system in a complete envelope. 31
76- (c) A digital asset min ing business may use a 32
77-passively cooled premanufactured container without additionally enclosing the 33
78-system in a complete envelope if the digital asset mining business locates or 34
79-relocates under subdivision (b)(3)(C) of this section; or 35
80- (C) Upon approval by the local government, locating or 36 As Engrossed: S4/23/24 SB78
70+person under similar circumstances; or 27
71+ (C) Upon approval by the local government, locating or 28
72+relocating to: 29
73+ (i) A minimum of two thousand feet (2,000') from the 30
74+nearest residential or commercial use structure; or 31
75+ (ii) An area zoned for industrial use. 32
76+ 33
77+ SECTION 4. Arkansas Code § 14 -1-604, concerning requirements that a 34
78+digital asset mining business shall comply with, is amended to add an 35
79+additional subsection to read as follows: 36 SB78
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85-relocating to: 1
86- (i) A minimum of two thousand feet (2,000') from the 2
87-nearest residential or commercial use structure; or 3
88- (ii) An area zoned for industrial use or an 4
89-otherwise approved use. 5
90- (4)(A) A person who owns land within two thousand feet (2,000') 6
91-of the nearest property line of a digital asset mining business may commence 7
92-an action in a circuit court with proper jurisdiction over the digital asset 8
93-mining business to enforce the noise reduction techni ques required under 9
94-subdivision (b)(3) of this section. 10
95- (B) A person who prevails in an action commenced under 11
96-subdivision (b)(4)(A) of this section may be awarded reasonable attorney's 12
97-fees and costs. 13
98- 14
99- SECTION 4. Arkansas Code § 14 -1-604, concerning requirements that a 15
100-digital asset mining business shall comply with, is amended to add an 16
101-additional subsection to read as follows: 17
102- (f) A local government shall not pass an ordinance that: 18
103- (1) Prohibits an individual from engaging in home digital ass et 19
104-mining; or 20
105- (2) Requires an individual to obtain approval from a local 21
106-government before engaging in home digital asset mining. 22
84+ (f) A local government shall not pass an ordinance that: 1
85+ (1) Prohibits an individual from engaging in home digital asset 2
86+mining; or 3
87+ (2) Requires an individual to obtain approval from a local 4
88+government before engaging in home digital asset mining. 5
89+ 6
90+ SECTION 5. Arkansas Code § 14 -1-605(a), concerning prohibiting a local 7
91+government from imposing ordinances or zoning regulations on a digital asset 8
92+mining business with the intent to discriminate against the digital asset 9
93+mining business, is amended to read as follows: 10
94+ (a) Except as provided by subsection (d) of this section, a local 11
95+government shall not : 12
96+ (1) Enact or adopt an ordinance, policy, or ac tion that limits 13
97+the sound decibels generated from home digital asset mining other than the 14
98+limits set for sound pollution generally; 15
99+ (2) Impose a different requirement for a digital asset mining 16
100+business than is applicable to any requirement for a data center; 17
101+ (3) Rezone rezone an area in which a digital asset mining 18
102+business is located without complying with applicable state law and local 19
103+zoning ordinances; or 20
104+ (4) Rezone an area with the intent or effect of discriminating 21
105+against a digital asset mining business. 22
107106 23
108- SECTION 5. Arkansas Code § 14 -1-605(a), concerning prohibiting a local 24
109-government from imposing ordinances or zoning reg ulations on a digital asset 25
110-mining business with the intent to discriminate against the digital asset 26
111-mining business, is amended to read as follows: 27
112- (a) Except as provided by subsection (d) of this section, a local 28
113-government shall not : 29
114- (1) Enact or adopt an ordinance, policy, or action that limits 30
115-the sound decibels generated from home digital asset mining other than the 31
116-limits set for sound pollution generally; 32
117- (2) Impose a different requirement for a digital asset mining 33
118-business than is applicable to any requirement for a data center; 34
119- (3) Rezone rezone an area in which a digital asset mining 35
120-business is located without complying with applicable state law and local 36 As Engrossed: S4/23/24 SB78
107+ SECTION 6. Arkansas Code Title 14, Chapter 1, Subchapter 6, is amended 24
108+to add an additional section to read as follows: 25
109+ 14-1-606. Ownership of digital asset mining business by prohibited 26
110+foreign-party-controlled business prohibited — Definitions — Penalty — 27
111+Reporting. 28
112+ (a) As used in this section: 29
113+ (1) "Controlling interest" means an ownership interest of 30
114+fifteen percent (15%) or more, in the aggregate; 31
115+ (2) "Prohibited foreign -party-controlled business" means a 32
116+corporation, company, association, firm, partnership, society, joint -stock 33
117+company, trust, estate, or other legal entity whose controlling interest is 34
118+owned by a prohibited foreign party; and 35
119+ (3) “Prohibited foreign party” means: 36 SB78
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124123
125-zoning ordinances; or 1
126- (4) Rezone an area with the intent or effect of discriminating 2
127-against a digital asset mining business . 3
128- 4
129- SECTION 6. Arkansas Code Title 14, Chapter 1, Subchapter 6, is amended 5
130-to add an additional section to read as follows: 6
131- 14-1-606. Ownership of digital asset mining business by prohibited 7
132-foreign-party-controlled business prohibited — Definitions — Penalty — 8
133-Reporting. 9
134- (a) As used in this section: 10
135- (1) "Interest" means an ownership interest of greater than zero 11
136-percent (0%); 12
137- (2) "Prohibited foreign -party-controlled business" means a 13
138-digital asset mining business in which a prohibited foreign party owns an 14
139-interest; and 15
140- (3) “Prohibited foreign party” means: 16
141- (A) A citizen, resident, or agent of a country subject to 17
142-§ 126.1 of the International Traffic in Arms Regulations, 22 C.F. R. § 120.1 18
143-et seq., as existing on January 1, 2024; 19
144- (B) A foreign government formed within a country subject 20
145-to § 126.1 of the International Traffic in Arms Regulations, 22 C.F.R. § 21
146-120.1 et seq., as existing on January 1, 2024; 22
147- (C) A party other t han an individual or a government that 23
148-is created or organized under the laws of a foreign government within a 24
149-country subject to § 126.1 of the International Traffic in Arms Regulations, 25
150-22 C.F.R. § 120.1 et seq., as existing on January 1, 2024; 26
151- (D) Any party other than an individual or a government: 27
152- (i) That is created or organized under the laws of 28
153-any state; and 29
154- (ii) In which a significant interest or substantial 30
155-control is directly or indirectly held or is capable of being exercised by: 31
156- (a) An individual referred to in subdivision 32
157-(a)(3)(A) of this section; 33
158- (b) A foreign government referred to in 34
159-subdivision (a)(3)(B) of this section; 35
160- (c) A party referred to in subdivision 36 As Engrossed: S4/23/24 SB78
124+ (A) A citizen, resident, or agent of a country subject to 1
125+§ 126.1 of the International Traffic in Arms Regulations, 22 C.F.R. § 120.1 2
126+et seq.; 3
127+ (B) A foreign government formed within a country subject 4
128+to § 126.1 of the International Traffic in Arms Regulations, 22 C.F.R. § 5
129+120.1 et seq.; 6
130+ (C) A party other than an individual or a government that 7
131+is created or organized under the laws of a foreign government within a 8
132+country subject to § 126.1 of the International Traffic in Arms Regulations, 9
133+22 C.F.R. § 120.1 et seq.; 10
134+ (D) Any party other than an individual or a government: 11
135+ (i) That is created or organized under the laws of 12
136+any state; and 13
137+ (ii) In which a significant interest or substantial 14
138+control is directly or indirectly held or is capable of being exercised by: 15
139+ (a) An individual referred to in subdivision 16
140+(a)(3)(A) of this section; 17
141+ (b) A foreign government referred to in 18
142+subdivision (a)(3)(B) of this section; 19
143+ (c) A party referred to in subdivision 20
144+(a)(3)(C) of this section; or 21
145+ (d) A combination of the individuals, parties, 22
146+or governments referred to in this subdivision (a)(3)(D)(ii); 23
147+ (E) An Entity of Particular Concern designated by the 24
148+United States Department of State; or 25
149+ (F) An agent, trustee, or other fiduciary of a person or 26
150+entity enumerated in subdivisions (a)(3)(A) -(E) of this section. 27
151+ (b)(1) A prohibited foreign -party-controlled business shall not 28
152+acquire or hold by grant, purchase, devise, descent, or otherwise any 29
153+interest in a digital asset mining business in this state. 30
154+ (2) A person shall not acquire or hold a digital asset mining 31
155+business as an agent, trustee, or other fiduciary for a prohibited foreign -32
156+party-controlled business. 33
157+ (c)(1) A prohibited foreign -party-controlled business in operation 34
158+before the effective date o f this act shall have six (6) months from the 35
159+effective date of this act to divest itself of the digital asset mining 36 SB78
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164163
165-(a)(3)(C) of this section; or 1
166- (d) A combination of the individuals, parties, 2
167-or governments referred to in this subdivision (a)(3)(D)(ii); 3
168- (E) An Entity of Particular Concern designated by the 4
169-United States Department of State; or 5
170- (F) An agent, trustee, or other fiduciary of a person or 6
171-entity enumerated in subdivisions (a)(3)(A) -(E) of this section. 7
172- (b)(1) A prohibited foreign party shall not acquire or hold by grant, 8
173-purchase, devise, descent, or otherwise any interest in a digital asset 9
174-mining business in this state. 10
175- (2) A person shall not acquire or hold a digital asset mining 11
176-business as an agent, trustee, or other fiduciary for a prohibited foreign -12
177-party-controlled business. 13
178- (c)(1) A prohibited foreign -party-controlled business in operation 14
179-before the effective date of this act s hall have three hundred sixty -five 15
180-(365) calendar days from the effective date of this act for the prohibited 16
181-foreign party to divest all interest in the digital asset mining business. 17
182- (2) If a prohibited foreign party fails to divest all interest 18
183-in the digital asset mining business under subdivision (c)(1) of this 19
184-section, the Attorney General may commence an action in a circuit court with 20
185-proper jurisdiction under subsection (e) of this section. 21
186- (d) Upon request of a person or upon receipt of info rmation that leads 22
187-the Attorney General to believe that a violation of this section may exist, 23
188-the Attorney General may conduct an investigation that includes without 24
189-limitation: 25
190- (1) Receiving sworn statements; and 26
191- (2) Issuing subpoenas to compel the: 27
192- (A) Testimony of witnesses subpoenaed before him or her; 28
193-and 29
194- (B) Production of records and other documents under § 25 -30
195-16-705. 31
196- (e)(1) If as a result of an investigation under subsection (d) of this 32
197-section the Attorney General concludes that a violation of this section has 33
198-occurred, the Attorney General may order a prohibited foreign party to divest 34
199-all interest in the digital asset mining business within three hundred sixty -35
200-five (365) calendar days. 36 As Engrossed: S4/23/24 SB78
164+business. 1
165+ (2)(A) If the Office of Agricultural Intelligence determines 2
166+that a prohibited foreign party has acquired or may be holding a digital 3
167+asset mining business with assets in Arkansas in violation of this section, 4
168+the office shall report the potential violation to the Attorney General. 5
169+ (B) If the Attorney General has received notice under 6
170+subdivision (c)(2)(A) of this section, t he Attorney General may: 7
171+ (i) Receive sworn statements; and 8
172+ (ii) Issue subpoenas to compel the: 9
173+ (a) Testimony of witnesses subpoenaed before 10
174+him or her; and 11
175+ (b) Production of records and other documents 12
176+under § 25-16-705. 13
177+ (d)(1) If as a result of the investigation under subdivision (c)(2) of 14
178+this section the Attorney General concludes that a violation of this section 15
179+has occurred, the Attorney General may commence an action in a circuit court 16
180+with proper jurisdiction over the digital asset mining business. 17
181+ (2)(A) If the digital asset mining business is held to be in 18
182+violation of this section, the circuit court shall issue an order for the 19
183+digital asset mining business to be sold through judicial foreclosure. 20
184+ (B) The proceeds of the sale under subdivision (d)(2)(A) 21
185+of this section shall be disbursed to the lienholders, in order of priority, 22
186+except for liens that under the terms of the sale are to remain. 23
187+ (C) If the assets of the digital asset mining business 24
188+include real property, the Attorney General shall promptly record a copy of 25
189+the following in the local land records: 26
190+ (i) Upon commencement, notice of the pendency of the 27
191+action under subdivision (d)(1) of this section; and 28
192+ (ii) The order for the sale of the digita l asset 29
193+mining business under subdivision (d)(2)(A) of this section. 30
194+ (3) The Attorney General may pursue other remedies in an action 31
195+brought under subdivision (d)(1) of this section, including without 32
196+limitation: 33
197+ (A) A civil penalty of fifteen thous and dollars ($15,000); 34
198+ (B) Prejudgment interest and postjudgment interest at the 35
199+maximum rates permitted by law; and 36 SB78
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204203
205- (2) If the prohibited foreign party fa ils to divest all interest 1
206-in the digital asset mining business within three hundred sixty five (365) 2
207-calendar days, the Attorney General may commence an action in a circuit court 3
208-with proper jurisdiction over the digital asset mining business. 4
209- (3)(A) If the circuit court finds that a violation of this 5
210-section has occurred, the circuit court shall issue an order for the digital 6
211-asset mining business to be sold through judicial foreclosure. 7
212- (B) The proceeds of the sale under subdivision (e)(3)(A) 8
213-of this section shall be disbursed to the lienholders, in order of priority, 9
214-except for liens that under the terms of the sale are to remain. 10
215- (C) If the assets of the digital asset mining business 11
216-include real property, the Attorney General shall promptly record a copy of 12
217-the following in the local land records: 13
218- (i) Upon commencement, notice of the pendency of the 14
219-action under subdivision (c)(2) or subdivision (e)(2) of this section; and 15
220- (ii) The order for the sale of the digital asset 16
221-mining business under subdivision (e)(3)(A) of this section. 17
222- (3) The Attorney General may pursue other remedies in an action 18
223-brought under subdivision (c)(2) or subdivision (e)(2) of this section, 19
224-including without limitation: 20
225- (A) A civil penalty not to exceed up to one million 21
226-dollars ($1,000,000) or twenty -five percent (25%) of the fair market value, 22
227-on the date of the assessment of the civil penalty, of the prohibited foreign 23
228-party’s interest in the digital asset mining business for the failure to 24
229-divest of all interest in the digital asset mining business within three 25
230-hundred sixty-five (365) calendar days as required under this section; 26
231- (B) Court costs; 27
232- (C) Prejudgment interest and postjudgment interest at the 28
233-maximum rates permitted by law; and 29
234- (D) Reasonable attorney's fees. 30
235- (4) In addition to the remedies under subdivision (e)(3) of this 31
236-section, the Attorney General may pursue treble damages against a digital 32
237-asset mining business if the digital asset mining business: 33
238- (A) Is held in violation of this section; 34
239- (B) Is ordered to pay a civil penalty under subdivision 35
240-(e)(3)(A) of this section; and 36 As Engrossed: S4/23/24 SB78
204+ (C) Reasonable attorney's fees. 1
205+ (4) In addition to the remedies under subdivision (d)(3) of this 2
206+section, the Attorney General m ay pursue treble damages against a digital 3
207+asset mining business if the digital asset mining business: 4
208+ (A) Is held in violation of this section; 5
209+ (B) Is ordered to pay a civil penalty under subdivision 6
210+(d)(3)(A) of this section; and 7
211+ (C) Fails to pay a civil penalty under subdivision 8
212+(d)(3)(A) of this section within the scope of the order of the circuit court. 9
213+ (5) The approval of a digital asset mining business by a local 10
214+government shall not be a defense to a cause of action brought under 11
215+subdivision (d)(1) of this section. 12
216+ (e) A digital asset mining business that is composed of greater than 13
217+fifteen-percent ownership by a prohibited foreign -party-controlled business 14
218+shall report the composition of its ownership to the Attorney General. 15
219+ (f) Title to real property is not invalid due to a violation of this 16
220+section by any former owner of the real property. 17
221+ 18
222+ SECTION 7. EMERGENCY CLAUSE. It is found and determined by the 19
223+General Assembly of the State of Arkansas that increased circulation of 20
224+digital currency and adoption of digital transformation have led to an influx 21
225+of digital asset mining businesses in Arkansas in recent years; that digital 22
226+asset mining businesses have potential to generate excessive noise and that 23
227+without adequate regulation , digital asset mining businesses can place a 24
228+strain on, and reduce the quality of life of, residents and communities near 25
229+them; and that growth of this business sector has been capitalized upon by 26
230+foreign corporations and other foreign entities and aliens that pose 27
231+potential threats to the welfare and safety of Arkansas and its residents. 28
232+Therefore, an emergency is declared to exist, and this act being necessary 29
233+for the preservation of the public peace, health, and safety shall become 30
234+effective thirty (30 ) days after: 31
235+ (1) The date of its approval by the Governor; 32
236+ (2) If the bill is neither approved nor vetoed by the Governor, the 33
237+expiration of the period of time during which the Governor may veto the bill; 34
238+or 35
239+ (3) If the bill is vetoed by the Governor and the veto is overridden, 36 SB78
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244243
245- (C) Fails to pay a civil penalty under subdivision 1
246-(e)(3)(A) of this section within the scope of the order of the circuit court. 2
247- (5) The approval of a digital asset mining business by a local 3
248-government or the receipt by a digital asset mining business of a permit or 4
249-other authorization from the state to operate shall not be a defense to a 5
250-cause of action brought under subdivision (c) (2) or subdivision (e)(2) of 6
251-this section. 7
252- (f) Civil penalties and damages received by the Attorney General under 8
253-this section shall be distributed as follows: 9
254- (1) Fifty percent (50%) to the Oil and Gas Commission Fund, § 10
255-19-6-410; and 11
256- (2) Fifty percent (50%) to the Attorney General to be used in 12
257-the same manner as provided in § 25 -16-718. 13
258- (g) A prohibited foreign -party-controlled business shall report the 14
259-composition of its ownership to the Attorney General. 15
260- (h) Title to real property is not invalid due to a violation of this 16
261-section by any former owner of the real property. 17
244+the date the last house overrides the veto. 1
245+ 2
246+ 3
247+ 4
248+ 5
249+ 6
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262261 18
263- SECTION 7. Arkansas Code § 19 -6-410 is amended to read as follows: 19
264- 19-6-410. Oil and Gas Commission Fund. 20
265- The Oil and Gas Commission Fund shall consist of those special revenues 21
266-as specified in § 19 -6-301(62) and (111),and § 14-1-606, there to be used 22
267-for: 23
268- (1) The maintenance, operation, and improvement required by the 24
269-Oil and Gas Commission in carrying out the functions, powers, and duties as 25
270-set out in § 15-72-101 et seq. and other applicable law; 26
271- (2) Payment of expenses of the Office of the State Geologist 27
272-under § 15-71-107(b)(2)(B); or 28
273- (3) Other duties imposed by law upon the commission. 29
274- 30
275- SECTION 8. DO NOT CODIFY. Applicability. 31
276- A digital asset mining business in operation before the effective date 32
277-of this act shall be in full compliance with § 14 -1-604(b)(3) no later than 33
278-ninety (90) days following the effective date of this act. 34
279- 35
280- SECTION 9. EMERGENCY CLAUSE. It is found and determined by the 36 As Engrossed: S4/23/24 SB78
281-
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284-
285-General Assembly of the State of Arkansas that increased circulation of 1
286-digital currency and adoption of digital transformation have led to an influx 2
287-of digital asset mining businesses in Arkansas in recent years; that digital 3
288-asset mining businesses have potential to generate excessive noise and that 4
289-without adequate regulation, digital asset mining businesses can place a 5
290-strain on, and reduce the quality of life of, residents and communities near 6
291-them; and that growth of this business sector has been cap italized upon by 7
292-foreign corporations and other foreign entities and aliens that pose 8
293-potential threats to the welfare and safety of Arkansas and its residents. 9
294-Therefore, an emergency is declared to exist, and this act being immediately 10
295-necessary for the preservation of the public peace, health, and safety shall 11
296-become effective on: 12
297- (1) The date of its approval by the Governor; 13
298- (2) If the bill is neither approved nor vetoed by the Governor, the 14
299-expiration of the period of time during which the Governo r may veto the bill; 15
300-or 16
301- (3) If the bill is vetoed by the Governor and the veto is overridden, 17
302-the date the last house overrides the veto. 18
303262 19
304-/s/J. Bryant 20
263+ 20
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307-APPROVED: 5/3/24 23
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