Arkansas 2025 Regular Session

Arkansas House Bill HB1681 Compare Versions

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11 Stricken language would be deleted from and underlined language would be added to present law.
2-Act 812 of the Regular Session
3-*CRH087* 04-01-2025 17:06:28 CRH087
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5-State of Arkansas As Engrossed: H3/11/25 H3/18/25 S4/1/25 1
2+*CRH087* 03/04/2025 4:04:52 PM CRH087
3+State of Arkansas 1
64 95th General Assembly A Bill 2
75 Regular Session, 2025 HOUSE BILL 1681 3
86 4
9-By: Representatives Vaught, Milligan, Achor, F. Allen, Andrews, Barker, Barnes, Barnett, Beaty Jr., 5
10-Beck, Bentley, S. Berry, Breaux, Brooks, K. Brown, M. Brown, N. Burkes, R. Burkes, Joey Carr, 6
11-Cavenaugh, Childress, Clowney, A. Collins, C. Cooper, Cozart, Crawford, Duffield, Eaton, Ennett, 7
12-Eubanks, Evans, K. Ferguson, Furman, D. Garner, Gazaway, Gonzales, Gonzales Worthen, Gramlich, 8
13-Hall, Hawk, Henley, Holcomb, Hollowell, Hudson, L. Johnson, Ladyman, Long, Maddox, Magie, 9
14-McAlindon, McClure, McCullough, M. McElroy, McGrew, McGruder, McNair, S. Meeks, J. Moore, K. 10
15-Moore, Nazarenko, Painter, Pearce, Puryear, J. Richardson, R. Scott Richardson, Richmond, Rose, Rye, 11
16-Schulz, T. Shephard, Springer, Steele, Steimel, Torres, Tosh, Underwood, Unger, Walker, Warren, D. 12
17-Whitaker, Wing, Wooldridge, Wooten, Duke 13
18-By: Senators J. Bryant, Hester, J. Boyd, Caldwell, Crowell, B. Davis, Dees, J. Dotson, J. English, Flippo, 14
19-S. Flowers, Gilmore, K. Hammer, B. Johnson, M. Johnson, G. Leding, F. Love, M. McKee, R. Murdock, J. 15
20-Petty, J. Scott, Stone, G. Stubblefield, C. Tucker, D. Wallace 16
21- 17
22-For An Act To Be Entitled 18
23-AN ACT REGARDING THE ARKANSAS NATURAL RESOURCES 19
24-COMMISSION; TO ESTABLISH THE WATER AND SEWER 20
25-TREATMENT FACILITIES GRANT PROGRAM; TO CREATE THE 21
26-WATER AND SEWER TREATMENT FACILITIES GRANT PROGRAM 22
27-FUND; TO DECLARE AN EMERGENCY; AND FOR OTHER 23
28-PURPOSES. 24
7+By: Representatives Vaught, Milligan, Achor, F. Allen, Andrews, Barker, Barnes, Barnett, Beaty Jr., Beck, 5
8+Bentley, S. Berry, Breaux, Brooks, K. Brown, M. Brown, N. Burkes, R. Burkes, Joey Carr, Cavenaugh, 6
9+Childress, Clowney, A. Collins, C. Cooper, Cozart, Crawford, Duffield, Eaton, Ennett, Eubanks, Evans, 7
10+K. Ferguson, Furman, D. Garner, Gazaway, Gonzales, Gonzales Worthen, Gramlich, Hall, Hawk, Henley, 8
11+Holcomb, Hollowell, Hudson, L. Johnson, Ladyman, Long, Maddox, Magie, McAlindon, McClure, 9
12+McCullough, M. McElroy, McGrew, McGruder, McNair, S. Meeks, J. Moore, K. Moore, Nazarenko, 10
13+Painter, Pearce, Puryear, J. Richardson, R. Scott Richardson, Richmond, Rose, Rye, Schulz, T. Shephard, 11
14+Springer, Steele, Steimel, Torres, Tosh, Underwood, Unger, Walker, Warren, D. Whitaker, Wing, 12
15+Wooldridge, Wooten 13
16+By: Senators J. Bryant, Hester 14
17+ 15
18+For An Act To Be Entitled 16
19+AN ACT REGARDING THE ARKANSAS NATURAL RESOURCES 17
20+COMMISSION; TO ESTABLISH THE WATER AND SEWER 18
21+TREATMENT FACILITIES GRANT PROGRAM; TO CREATE THE 19
22+WATER AND SEWER TREATMENT FACILITIES GRANT PROGRAM 20
23+FUND; TO TRANSFER FUNDING FROM THE SECURITIES RESERVE 21
24+FUND; TO DECLARE AN EMERGENCY; AND FOR OTHER 22
25+PURPOSES. 23
26+ 24
2927 25
30- 26
31-Subtitle 27
32-TO ESTABLISH THE WATER AND SEWER 28
33-TREATMENT FACILITIES GRANT PROGRAM; AND 29
34-TO DECLARE AN EMERGENCY. 30
35- 31
36-BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 32
37- 33
38- SECTION 1. Arkansas Code Title 19, Chapter 5, Subchapter 12, is 34
39-amended to add an additional section to read as follows: 35
40- 19-5-1288. Water and Sewer Treatment Facilities Grant Program Fund. 36 As Engrossed: H3/11/25 H3/18/25 S4/1/25 HB1681
28+Subtitle 26
29+TO ESTABLISH THE WATER AND SEWER 27
30+TREATMENT FACILITIES GRANT PROGRAM; TO 28
31+TRANSFER FUNDING FROM THE SECURITIES 29
32+RESERVE FUND; AND TO DECLARE AN 30
33+EMERGENCY. 31
34+ 32
35+BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 33
36+ 34
37+ SECTION 1. Arkansas Code § 19 -5-905(a)(12), concerning the use of the 35
38+Securities Reserve Fund, are amended to read as follows: 36 HB1681
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41+ (12) After the transfer enumerated in subdivision (a)(10) of 1
42+this section and contingent upon available moneys in the Securities Reserve 2
43+Fund, for a transfer by the Chief Fiscal Officer of the State of fifty 3
44+million dollars ($50,000,000) or as much as remains unobligated each fiscal 4
45+year to the Water and Sewer Treatment Facilities Grant Program Fund; and 5
46+ (13) After all distributions and transfers under this section, 6
47+less one hundred thousand dollars ($100,000) under § 19 -3-521(a)(2), for a 7
48+transfer by the Chief Fiscal Officer of the State on the last business day of 8
49+the fiscal year of the fund balance to the Catastrophic Reserve Fund. 9
50+ 10
51+ SECTION 2. Arkansas Code § 19 -6-301, concerning the enumeration of 11
52+special revenues, is amended to read as follows: 12
53+ (276) Transfers from the Securities Reserve Fund under § 19 -5-13
54+905(a)(11) to award grants under the Water and Sewer Treatment Facilities 14
55+Grant Program established in § 25 -43-203. 15
56+ 16
57+ SECTION 3. Arkansas Code Title 19, Chapter 6, Subchapter 8, is amended 17
58+to add an additional section to read as follows: 18
59+ 19-6-845. Water and Sewer Treatment Facilities Grant Program Fund. 19
60+ (a) There is established on the books of the Treasurer of State, the 20
61+Auditor of State, and the Chief Fiscal Officer of the State a special revenue 21
62+fund to be known as the "Water and Sewer Treatment Facilities Grant Program 22
63+Fund". 23
64+ (b) The fund shall consist of: 24
65+ (1) Moneys transferred to the fund under § 19 -5-905; and 25
66+ (2) Any other revenues as authorized by law. 26
67+ (c) The fund shall be used by the Arkansas Natural Resources 27
68+Commission to award grants under the Water and Sewer Treatment Facilities 28
69+Grant Program established in § 25 -43-203. 29
70+ 30
71+ SECTION 4. Arkansas Code Title 25, Chapter 43, Subchapter 2, is 31
72+amended to add an additional section to read as follows: 32
73+ 25-43-203. Water and Sewer Treatment Facilities Grant Program. 33
74+ (a)(1) There is created within the Arkansas Natural Resources 34
75+Commission the Water and Sewer Treatment Facilities Grant Program to be 35
76+administered by the commission. 36 HB1681
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79+ (2) The commission may hire personnel necessary to carry out the 1
80+duties of administering the program. 2
81+ (b) The commission shall: 3
82+ (1) Create an application form to be submitted by eligible water 4
83+and sewer treatment facilities seeking a matching grant from the program; 5
84+ (2) Devise an application process that: 6
85+ (A) Defines the eligibility criteria for a matching grant; 7
86+and 8
87+ (B) Establishes application submission and review 9
88+processes; 10
89+ (3) Define a process by which grants may be awarded; 11
90+ (4) Execute standard legal grant agreements and other 12
91+documentation governing the disbursement and use of grants; and 13
92+ (5) Provide a matching grant to eligible water and sewer 14
93+treatment facilities for infrastructure and improvement projects that are 15
94+shovel-ready. 16
95+ (c) A recipient of a grant awarded under this section shall: 17
96+ (1) Begin the recipient's project within one (1) year of the 18
97+award of the grant funds; and 19
98+ (2) Not be eligible for another grant until the awarded grant 20
99+has been closed out. 21
100+ (d) Funding under the program shall be awarded as follows: 22
101+ (1) Eighty percent (80%) shall be awarded for shovel -ready 23
102+projects in: 24
103+ (A) Cities of the first class and cities of the second 25
104+class with a population over one thousand two hundred (1,200); or 26
105+ (B) Rural water and rural wastewater systems serving a 27
106+population over one thousand two hundred (1,200); and 28
107+ (2) Twenty percent (20%) shall be awarded in: 29
108+ (A) Incorporated towns and cities of the second class with 30
109+a population of one thousand two hundred (1,200) or less; or 31
110+ (B) Rural water and rural wastewater systems serving a 32
111+population of one thousand two hundred (1,200) or less. 33
112+ (e) The commission shall promulgate rules to implement this section. 34
113+ (f) The program under this section shall expire ten (10) years from 35
114+the effective date of this act. 36 HB1681
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45- (a) There is established on the books of the Treasurer of State, the 1
46-Auditor of State, and the Chief Fiscal Officer of the State a miscellaneous 2
47-fund to be known as the "Water and Sewer Treatment Facilities Grant Program 3
48-Fund". 4
49- (b) The fund shall consist of any revenues authorized by law. 5
50- (c) The fund shall be used by the Arkansas Natural Resources 6
51-Commission to award grants under the Water and Sewer Treatment Facilities 7
52-Grant Program established in § 25 -43-203. 8
53- 9
54- SECTION 2. Arkansas Code Title 25, Chapter 43, Subchapter 2, is 10
55-amended to add an additional section to read as follows: 11
56- 25-43-203. Water and Sewer Treatment Facilities Grant Program. 12
57- (a)(1) There is created within the Arkansas Natural Resources 13
58-Commission the Water and Sewer Treatment Facilities Grant Program to be 14
59-administered by the commission. 15
60- (2) The commission may hire personnel necessary to carry out the 16
61-duties of administering the program. 17
62- (b) The commission shall: 18
63- (1) Create an application form to be submitted by eligible water 19
64-and sewer treatment facilities seeking a matching grant from the program; 20
65- (2) Devise an application process that: 21
66- (A) Defines the eligibility criteria for a matching grant; 22
67-and 23
68- (B) Establishes application submission and review 24
69-processes; 25
70- (3) Define a process by which grants may be awarded; 26
71- (4) Execute standard legal grant agreements and other 27
72-documentation governing the disbursement and use of grants; and 28
73- (5) Provide a matching grant to eligible water and sewer 29
74-treatment facilities for infrastructure and improvement projects that are 30
75-shovel-ready. 31
76- (c) A recipient of a grant awarded under this section shall: 32
77- (1) Begin the recipient's project within one (1) year of the 33
78-award of the grant funds; and 34
79- (2) Not be eligible for another grant until the awarded grant 35
80-has been closed out. 36 As Engrossed: H3/11/25 H3/18/25 S4/1/25 HB1681
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83-
84-
85- (d) Funding under the program shall be awarded as follows: 1
86- (1) Eighty percent (80%) shall be awarded for shovel -ready 2
87-projects in: 3
88- (A) Cities of the first class and cities of the second 4
89-class with a population over one thousand two hundred (1,200); or 5
90- (B) Rural water and rural wastewater systems serving a 6
91-population over one thousand two hundred (1,200); and 7
92- (2) Twenty percent (20%) shall be awarded in: 8
93- (A) Incorporated towns and cities of the second class with 9
94-a population of one thousand two hundred (1,200) or less; or 10
95- (B) Rural water and rural wastewater systems serving a 11
96-population of one thousand two hundred (1,200) or less. 12
97- (e) The commission shall promulgate rules to implement this section. 13
98- (f) The program shall expire five (5) years from the effective date of 14
99-this act. 15
100- (g) The commission shall report annually to the Legislative Council 16
101-or, if the General Assembly is in session, the Joint Budget Committee, 17
102-regarding the status of all grants awarded under the program. 18
103- 19
104- SECTION 3. EMERGENCY CLAUSE. It is found and determined by the 20
105-General Assembly of the State of Arkansas that it is in the best interest of 21
106-the citizens of this state to provide water and sewer grant opportunities for 22
107-projects to keep Arkansas water systems safe and clean; and that this act is 23
108-immediately necessary because there is a dire need to protect public health 24
109-and safety in Arkansas by replacing water and sewer lines that are in 25
110-disrepair and by providing new access to clean water systems to other 26
111-citizens. Therefore, an emergency is declared to exist, and this act being 27
112-immediately necessary for the preservation of the public peace, health, and 28
113-safety shall become effective on: 29
114- (1) The date of its approval by the Governor; 30
115- (2) If the bill is neither approved nor vetoed by the Governor, 31
116-the expiration of the period of time during which the Governor may veto the 32
117-bill; or 33
118- (3) If the bill is vetoed by the Governor and the veto is 34
119-overridden, the date the last house overrides the veto. 35
120- 36 As Engrossed: H3/11/25 H3/18/25 S4/1/25 HB1681
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118+ SECTION 5. EMERGENCY CLAUSE. It is found and determined by the 2
119+General Assembly of the State of Arkansas that it is in the best interest of 3
120+the citizens of this state to provide water and sewer grant opportunities for 4
121+projects to keep Arkansas water systems safe and clean; and that this act is 5
122+immediately necessary because there is a dire need to protect public health 6
123+and safety in Arkansas by replacing water and sewer lines that are in 7
124+disrepair and by providing new access to clean water systems to other 8
125+citizens. Therefore, an emergency is declared to exist, and this act being 9
126+immediately necessary for the preservation of the public peace, health, and 10
127+safety shall become effective on: 11
128+ (1) The date of its approval by the Governor; 12
129+ (2) If the bill is neither approved nor vetoed by the Governor, 13
130+the expiration of the period of time during which the Governor may veto the 14
131+bill; or 15
132+ (3) If the bill is vetoed by the Governor and the veto is 16
133+overridden, the date the last house overrides the veto. 17
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