Stricken language would be deleted from and underlined language would be added to present law.
*JMB236* 03/13/2025 4:32:40 PM JMB236
State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 SENATE BILL 460 3
4
By: Senator Irvin 5
6
7
For An Act To Be Entitled 8
AN ACT TO MODIFY THE COMPLIANCE ADVISORY PANEL; TO 9
REPEAL THE MARKETING RECYCLABLES PROGRAM OF THE 10
COMPLIANCE ADVISORY PANEL; TO DECLARE AN EMERGENCY; 11
AND FOR OTHER PURPOSES. 12
13
14
Subtitle 15
TO MODIFY THE COMPLIANCE ADVISORY PANEL; 16
TO REPEAL THE MARKETING RECYCLABLES 17
PROGRAM OF THE COMPLIANCE ADVISORY 18
PANEL; AND TO DECLARE AN EMERGENCY. 19
20
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 21
22
SECTION 1. Arkansas Code § 8 -4-314 is amended to read as follows: 23
8-4-314. Compliance Advisory Panel — Small Business Stationary Source 24
Technical and Environmental Compliance Assistance Program — Marketing 25
Recyclables Program. 26
(a) There is created a Compliance Advisory Panel composed of nine (9) 27
seven (7) individuals. 28
(b) The panel shall consist of: 29
(1) Two (2) members appointed by the Governor to represent the 30
general public who are not : 31
(A) Owners owners or representatives of owners of small 32
business stationary sources; or 33
(B) Owners or representatives of owners of a recycling 34
company or the marketing and recyclable community; 35
(2) Three (3) Two (2) members selected by the Speaker of the 36 SB460
2 03/13/2025 4:32:40 PM JMB236
House of Representatives : 1
(A) One (1) member who is an owner who are owners or who 2
represents an owner represent owners of small business stationary sources; 3
and 4
(B) Two (2) members who are owners or representatives of a 5
small business recycling company or the marketing and recyclable community; 6
(3) Three (3) Two (2) members selected by the President Pro 7
Tempore of the Senate : 8
(A) One (1) member who is an owner who are owners or who 9
represents an owner represent owners of small business stationary sources; 10
and 11
(B) Two (2) members who are owners or representatives of a 12
small business recycling company or the marketing and recyclable community; 13
and 14
(4) One (1) member selected by the Director of the Division of 15
Environmental Quality who shall serve as a nonvoting member except when his 16
or her vote is needed to break a tie vote. 17
(c)(1) Each member shall serve a term of four (4) years. 18
(2) In the event of a vacancy in the membership of the panel 19
concerning a member selected by the General Assembly or the Governor, the 20
Governor shall appoint a person meeting the applicable eligibility 21
requirements of the vacated position to fill the vacancy for the remainder of 22
the unexpired term. 23
(3)(2) In the event of a vacancy in the membership of the panel 24
concerning the member appointed by the director, the director shall appoint a 25
person to fill the vacancy for the remainder of the unexpired term. 26
(d)(1)(A) The panel shall hold at least one (1) regular meeting each 27
calendar year quarter at a time and place determined by the panel. 28
(B) At least one (1) meeting each calendar year shall be 29
dedicated to small business stationary sources, with an emphasis on air 30
quality issues. 31
(2) Special meetings may be called at the discretion of the 32
chair. 33
(e)(1) The panel shall select a chair by a majority vote of the 34
membership. 35
(2) Each chair shall serve a term of one (1) year. 36 SB460
3 03/13/2025 4:32:40 PM JMB236
(f) Five (5) Four (4) members of the panel shall constitute a quorum 1
to transact business. 2
(g) The members of the panel may receive expense reimbursement in 3
accordance with § 25 -16-901 et seq. 4
(h)(1) If a vacancy occurs in an appointed position for any reason, 5
the vacancy shall be filled by appointment by the official who made the 6
appointment. 7
(2) The new appointee shall serve for the remainder of the 8
unexpired term. 9
(i) The panel shall perform the following duties for the Small 10
Business Stationary Source Technical and Environmental Compliance Assistance 11
Program: 12
(1) Render advisory opinions concerning the effectiveness of the 13
Small Business Stationary Source Technical and Environmental Compliance 14
Assistance Program program, difficulties encountered, and degree and severity 15
of enforcement; 16
(2) Make periodic reports to the Administrator of the United 17
States Environmental Protection Agency concerning the compliance of the Small 18
Business Stationary Source Technical and Environmental Compliance Assistance 19
Program program with the requirements of the Paperwork Reduction Act of 1980, 20
the Regulatory Flexibility Act, 5 U.S.C. § 601 et seq., and the Equal Access 21
to Justice Act, 5 U.S.C. § 504, 28 U.S.C. § 2412, and 42 U.S.C. § 1988; 22
(3) Review information for small business stationary sources to 23
assure such information is understandable by the layperson; and 24
(4) Have the Small Business Stationary Source Technical and 25
Environmental Compliance Assistance Program program serve as the secretariat 26
for the development and dissemination of such reports and advisory opinions. 27
(j) The panel shall perform the following duties for the Marketing 28
Recyclables Program: 29
(1) Develop a program for the coordination of all existing 30
marketing programs for recyclables; 31
(2) Work with existing industry to encourage the use of 32
recyclables in their manufacturing processes; 33
(3) Recruit new industries that use recyclables in their 34
manufacturing processes; 35
(4) Maintain current information on market prices and trends; 36 SB460
4 03/13/2025 4:32:40 PM JMB236
and 1
(5) Advise and assist state and local officials in all areas of 2
recyclables marketing, including without limitation the implementation, 3
administration, and funding of the collection and recycling or collection and 4
disposal of extra-large tires as defined in § 8 -9-402. 5
6
SECTION 2. Arkansas Code § 8 -6-607 is amended to read as follows: 7
8-6-607. Collection of fees. 8
(a) On or before January 15, April 15, July 15, and October 15 of each 9
year, each landfill permittee and each solid waste transporter shall: 10
(1) Submit to the Division of Environmental Quality a quarterly 11
report that accurately states the total weight or volume of solid waste 12
received at the landfill or transported out of state during the quarter just 13
completed; and 14
(2) Pay to the division the full amount of disposal and 15
transportation fees imposed and collected under this subchapter for the 16
preceding quarter. 17
(b)(1) Except as provided in subdivisions (b)(2) and (3) of this 18
section, the disposal and transportation fees collected under this section 19
shall be special revenues and deposited into the State Treasury to the credit 20
of the Solid Waste Management and Recycling Fund for administrative support 21
of the Compliance Advisory Panel . 22
(2) Twenty-five percent (25%) of the disposal fees collected 23
under subsection (a) of this section from landfills in which a private 24
industry bears the expense of operating and maintaining the landfill solely 25
for the disposal of wastes generated by the private industry shall be 26
deposited quarterly into the Marketing Recyclables Program Fund Division of 27
Environmental Quality Fee Trust Fund for administrative support of the 28
Compliance Advisory Panel . 29
(3) Except for the disposal fees deposited into the Marketing 30
Recyclables Program Fund Division of Environmental Quality Fee Trust Fund 31
under subdivision (b)(2) of this section, before disbursing moneys to the 32
regional solid waste management boards, the division shall deposit the 33
following moneys into the following funds each fiscal year: 34
(A) One hundred fifty thousand dollars ($150,000) into the 35
Crime Information System Fund to be used exclusively for the scrap metal 36 SB460
5 03/13/2025 4:32:40 PM JMB236
logbook program; and 1
(B) Three hundred thousand dollars ($300,000) into the 2
Arkansas Unpaved Roads Program Fund. 3
4
SECTION 3. Arkansas Code § 19 -5-1011(c), concerning the Crime 5
Information System Fund, is amended to read as follows: 6
(c) Beginning July 1, 2013, excluding the disposal fees that are to be 7
deposited into the Marketing Recyclables Program Fund Division of 8
Environmental Quality Fee Trust Fund under § 8-6-607(b)(2), the first one 9
hundred fifty thousand dollars ($150,000) of fees collected each fiscal year 10
under § 8-6-607 shall be deposited into the State Treasury and credited to 11
the Crime Information System Fund to be used exclusively for the scrap metal 12
logbook program. 13
14
SECTION 4. Arkansas Code § 19 -5-1137 is amended to read as follows: 15
19-5-1137. Division of Environmental Quality Fee Trust Fund. 16
(a) There is created on the books of the Treasurer of State, the 17
Auditor of State, and the Chief Fiscal Officer of the State a trust fund to 18
be known as the "Division of Environmental Quality Fee Trust Fund". 19
(b) The Division of Environmental Quality Fee Trust Fund fund shall 20
consist of those special revenues as specified in : 21
(1) Section § 19-6-301(104), there to be used to defray the 22
costs of operating the Division of Environmental Quality as set out in §§ 8 -23
1-101 — 8-1-107; and 24
(2) Section 8-6-607(b), there to be used for the administrative 25
support of the Compliance Advisory Panel . 26
27
SECTION 5. Arkansas Code § 19 -6-301, concerning the enumeration of 28
special revenues, is amended to add an additional subdivision to read as 29
follows: 30
(277) Disposal and transportation fees as specified in § 8 -6-31
607(b)(1) for administrative support of the Compliance Advisory Panel. 32
33
SECTION 6. Arkansas Code § 19 -6-471 is repealed. 34
19-6-471. Marketing Recyclables Program Fund. 35
The Marketing Recyclables Program Fund shall consist of those special 36 SB460
6 03/13/2025 4:32:40 PM JMB236
revenues as specified in § 19 -6-301(162), there to be used by the Compliance 1
Advisory Panel for the Marketing Recyclables Program for the administration 2
and performance of its duties, as administered by the Division of 3
Environmental Quality under § 8 -9-201 et seq. 4
5
SECTION 7. EMERGENCY CLAUSE. It is found and determined by the 6
General Assembly of the State of Arkansas that the effectiveness of this act 7
is essential to prudent operation of the Division of Environmental Quality; 8
that delay in the effective date could work irreparable harm on the proper 9
administration of government programs; and that this act is immediately 10
necessary to ensure that the appropriate funds are available to administer 11
the government programs of the Division of Environmental Quality. Therefore, 12
an emergency is declared to exist, and this act being immediately necessary 13
for the preservation of the public peace, health, and safety shall become 14
effective on: 15
(1) The date of its approval by the Governor; 16
(2) If the bill is neither approved nor vetoed by the Governor, 17
the expiration of the period of time during which the Governor may veto the 18
bill; or 19
(3) If the bill is vetoed by the Governor and the veto is 20
overridden, the date the last house overrides the veto. 21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36