| 11 | 9 | | 7 |
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| 12 | 10 | | For An Act To Be Entitled 8 |
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| 13 | 11 | | AN ACT TO MODIFY THE COMPLIANCE ADVISORY PANEL; TO 9 |
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| 14 | 12 | | REPEAL THE MARKETING RECYCLABLES PROGRAM OF THE 10 |
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| 15 | 13 | | COMPLIANCE ADVISORY PANEL; TO DECLARE AN EMERGENCY; 11 |
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| 16 | 14 | | AND FOR OTHER PURPOSES. 12 |
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| 17 | 15 | | 13 |
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| 18 | 16 | | 14 |
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| 19 | 17 | | Subtitle 15 |
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| 20 | 18 | | TO MODIFY THE COMPLIANCE ADVISORY PANEL; 16 |
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| 21 | 19 | | TO REPEAL THE MARKETING RECYCLABLES 17 |
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| 22 | 20 | | PROGRAM OF THE COMPLIANCE ADVISORY 18 |
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| 23 | 21 | | PANEL; AND TO DECLARE AN EMERGENCY. 19 |
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| 24 | 22 | | 20 |
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| 25 | 23 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 21 |
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| 26 | 24 | | 22 |
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| 27 | 25 | | SECTION 1. Arkansas Code § 8 -4-314 is amended to read as follows: 23 |
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| 28 | 26 | | 8-4-314. Compliance Advisory Panel — Small Business Stationary Source 24 |
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| 29 | 27 | | Technical and Environmental Compliance Assistance Program — Marketing 25 |
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| 30 | 28 | | Recyclables Program. 26 |
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| 31 | 29 | | (a) There is created a Compliance Advisory Panel composed of nine (9) 27 |
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| 32 | 30 | | seven (7) individuals. 28 |
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| 33 | 31 | | (b) The panel shall consist of: 29 |
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| 34 | 32 | | (1) Two (2) members appointed by the Governor to represent the 30 |
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| 35 | 33 | | general public who are not : 31 |
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| 36 | 34 | | (A) Owners owners or representatives of owners of small 32 |
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| 37 | 35 | | business stationary sources; or 33 |
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| 38 | 36 | | (B) Owners or representatives of owners of a recycling 34 |
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| 39 | 37 | | company or the marketing and recyclable community; 35 |
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| 45 | 41 | | House of Representatives : 1 |
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| 46 | 42 | | (A) One (1) member who is an owner who are owners or who 2 |
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| 47 | 43 | | represents an owner represent owners of small business stationary sources; 3 |
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| 48 | 44 | | and 4 |
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| 49 | 45 | | (B) Two (2) members who are owners or representatives of a 5 |
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| 50 | 46 | | small business recycling company or the marketing and recyclable community; 6 |
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| 51 | 47 | | (3) Three (3) Two (2) members selected by the President Pro 7 |
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| 52 | 48 | | Tempore of the Senate : 8 |
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| 53 | 49 | | (A) One (1) member who is an owner who are owners or who 9 |
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| 54 | 50 | | represents an owner represent owners of small business stationary sources; 10 |
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| 55 | 51 | | and 11 |
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| 56 | 52 | | (B) Two (2) members who are owners or representatives of a 12 |
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| 57 | 53 | | small business recycling company or the marketing and recyclable community; 13 |
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| 58 | 54 | | and 14 |
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| 59 | 55 | | (4) One (1) member selected by the Director of the Division of 15 |
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| 60 | 56 | | Environmental Quality who shall serve as a nonvoting member except when his 16 |
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| 61 | 57 | | or her vote is needed to break a tie vote. 17 |
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| 62 | 58 | | (c)(1) Each member shall serve a term of four (4) years. 18 |
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| 63 | 59 | | (2) In the event of a vacancy in the membership of the panel 19 |
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| 64 | 60 | | concerning a member selected by the General Assembly or the Governor, the 20 |
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| 65 | 61 | | Governor shall appoint a person meeting the applicable eligibility 21 |
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| 66 | 62 | | requirements of the vacated position to fill the vacancy for the remainder of 22 |
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| 67 | 63 | | the unexpired term. 23 |
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| 68 | 64 | | (3)(2) In the event of a vacancy in the membership of the panel 24 |
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| 69 | 65 | | concerning the member appointed by the director, the director shall appoint a 25 |
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| 70 | 66 | | person to fill the vacancy for the remainder of the unexpired term. 26 |
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| 71 | 67 | | (d)(1)(A) The panel shall hold at least one (1) regular meeting each 27 |
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| 72 | 68 | | calendar year quarter at a time and place determined by the panel. 28 |
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| 73 | 69 | | (B) At least one (1) meeting each calendar year shall be 29 |
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| 74 | 70 | | dedicated to small business stationary sources, with an emphasis on air 30 |
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| 75 | 71 | | quality issues. 31 |
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| 76 | 72 | | (2) Special meetings may be called at the discretion of the 32 |
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| 77 | 73 | | chair. 33 |
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| 78 | 74 | | (e)(1) The panel shall select a chair by a majority vote of the 34 |
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| 79 | 75 | | membership. 35 |
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| 85 | 79 | | (f) Five (5) Four (4) members of the panel shall constitute a quorum 1 |
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| 86 | 80 | | to transact business. 2 |
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| 87 | 81 | | (g) The members of the panel may receive expense reimbursement in 3 |
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| 88 | 82 | | accordance with § 25 -16-901 et seq. 4 |
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| 89 | 83 | | (h)(1) If a vacancy occurs in an appointed position for any reason, 5 |
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| 90 | 84 | | the vacancy shall be filled by appointment by the official who made the 6 |
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| 91 | 85 | | appointment. 7 |
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| 92 | 86 | | (2) The new appointee shall serve for the remainder of the 8 |
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| 93 | 87 | | unexpired term. 9 |
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| 94 | 88 | | (i) The panel shall perform the following duties for the Small 10 |
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| 95 | 89 | | Business Stationary Source Technical and Environmental Compliance Assistance 11 |
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| 96 | 90 | | Program: 12 |
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| 97 | 91 | | (1) Render advisory opinions concerning the effectiveness of the 13 |
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| 98 | 92 | | Small Business Stationary Source Technical and Environmental Compliance 14 |
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| 99 | 93 | | Assistance Program program, difficulties encountered, and degree and severity 15 |
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| 100 | 94 | | of enforcement; 16 |
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| 101 | 95 | | (2) Make periodic reports to the Administrator of the United 17 |
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| 102 | 96 | | States Environmental Protection Agency concerning the compliance of the Small 18 |
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| 103 | 97 | | Business Stationary Source Technical and Environmental Compliance Assistance 19 |
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| 104 | 98 | | Program program with the requirements of the Paperwork Reduction Act of 1980, 20 |
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| 105 | 99 | | the Regulatory Flexibility Act, 5 U.S.C. § 601 et seq., and the Equal Access 21 |
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| 106 | 100 | | to Justice Act, 5 U.S.C. § 504, 28 U.S.C. § 2412, and 42 U.S.C. § 1988; 22 |
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| 107 | 101 | | (3) Review information for small business stationary sources to 23 |
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| 108 | 102 | | assure such information is understandable by the layperson; and 24 |
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| 109 | 103 | | (4) Have the Small Business Stationary Source Technical and 25 |
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| 110 | 104 | | Environmental Compliance Assistance Program program serve as the secretariat 26 |
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| 111 | 105 | | for the development and dissemination of such reports and advisory opinions. 27 |
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| 112 | 106 | | (j) The panel shall perform the following duties for the Marketing 28 |
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| 113 | 107 | | Recyclables Program: 29 |
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| 114 | 108 | | (1) Develop a program for the coordination of all existing 30 |
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| 115 | 109 | | marketing programs for recyclables; 31 |
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| 116 | 110 | | (2) Work with existing industry to encourage the use of 32 |
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| 117 | 111 | | recyclables in their manufacturing processes; 33 |
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| 118 | 112 | | (3) Recruit new industries that use recyclables in their 34 |
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| 119 | 113 | | manufacturing processes; 35 |
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| 125 | 117 | | and 1 |
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| 126 | 118 | | (5) Advise and assist state and local officials in all areas of 2 |
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| 127 | 119 | | recyclables marketing, including without limitation the implementation, 3 |
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| 128 | 120 | | administration, and funding of the collection and recycling or collection and 4 |
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| 129 | 121 | | disposal of extra-large tires as defined in § 8 -9-402. 5 |
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| 130 | 122 | | 6 |
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| 131 | 123 | | SECTION 2. Arkansas Code § 8 -6-607 is amended to read as follows: 7 |
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| 132 | 124 | | 8-6-607. Collection of fees. 8 |
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| 133 | 125 | | (a) On or before January 15, April 15, July 15, and October 15 of each 9 |
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| 134 | 126 | | year, each landfill permittee and each solid waste transporter shall: 10 |
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| 135 | 127 | | (1) Submit to the Division of Environmental Quality a quarterly 11 |
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| 136 | 128 | | report that accurately states the total weight or volume of solid waste 12 |
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| 137 | 129 | | received at the landfill or transported out of state during the quarter just 13 |
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| 138 | 130 | | completed; and 14 |
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| 139 | 131 | | (2) Pay to the division the full amount of disposal and 15 |
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| 140 | 132 | | transportation fees imposed and collected under this subchapter for the 16 |
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| 141 | 133 | | preceding quarter. 17 |
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| 142 | 134 | | (b)(1) Except as provided in subdivisions (b)(2) and (3) of this 18 |
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| 143 | 135 | | section, the disposal and transportation fees collected under this section 19 |
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| 144 | 136 | | shall be special revenues and deposited into the State Treasury to the credit 20 |
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| 145 | 137 | | of the Solid Waste Management and Recycling Fund for administrative support 21 |
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| 146 | 138 | | of the Compliance Advisory Panel . 22 |
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| 147 | 139 | | (2) Twenty-five percent (25%) of the disposal fees collected 23 |
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| 148 | 140 | | under subsection (a) of this section from landfills in which a private 24 |
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| 149 | 141 | | industry bears the expense of operating and maintaining the landfill solely 25 |
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| 150 | 142 | | for the disposal of wastes generated by the private industry shall be 26 |
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| 151 | 143 | | deposited quarterly into the Marketing Recyclables Program Fund Division of 27 |
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| 152 | 144 | | Environmental Quality Fee Trust Fund for administrative support of the 28 |
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| 153 | 145 | | Compliance Advisory Panel . 29 |
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| 154 | 146 | | (3) Except for the disposal fees deposited into the Marketing 30 |
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| 155 | 147 | | Recyclables Program Fund Division of Environmental Quality Fee Trust Fund 31 |
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| 156 | 148 | | under subdivision (b)(2) of this section, before disbursing moneys to the 32 |
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| 157 | 149 | | regional solid waste management boards, the division shall deposit the 33 |
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| 158 | 150 | | following moneys into the following funds each fiscal year: 34 |
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| 159 | 151 | | (A) One hundred fifty thousand dollars ($150,000) into the 35 |
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| 165 | 155 | | logbook program; and 1 |
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| 166 | 156 | | (B) Three hundred thousand dollars ($300,000) into the 2 |
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| 167 | 157 | | Arkansas Unpaved Roads Program Fund. 3 |
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| 168 | 158 | | 4 |
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| 169 | 159 | | SECTION 3. Arkansas Code § 19 -5-1011(c), concerning the Crime 5 |
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| 170 | 160 | | Information System Fund, is amended to read as follows: 6 |
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| 171 | 161 | | (c) Beginning July 1, 2013, excluding the disposal fees that are to be 7 |
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| 172 | 162 | | deposited into the Marketing Recyclables Program Fund Division of 8 |
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| 173 | 163 | | Environmental Quality Fee Trust Fund under § 8-6-607(b)(2), the first one 9 |
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| 174 | 164 | | hundred fifty thousand dollars ($150,000) of fees collected each fiscal year 10 |
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| 175 | 165 | | under § 8-6-607 shall be deposited into the State Treasury and credited to 11 |
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| 176 | 166 | | the Crime Information System Fund to be used exclusively for the scrap metal 12 |
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| 177 | 167 | | logbook program. 13 |
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| 178 | 168 | | 14 |
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| 179 | 169 | | SECTION 4. Arkansas Code § 19 -5-1137 is amended to read as follows: 15 |
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| 180 | 170 | | 19-5-1137. Division of Environmental Quality Fee Trust Fund. 16 |
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| 181 | 171 | | (a) There is created on the books of the Treasurer of State, the 17 |
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| 182 | 172 | | Auditor of State, and the Chief Fiscal Officer of the State a trust fund to 18 |
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| 183 | 173 | | be known as the "Division of Environmental Quality Fee Trust Fund". 19 |
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| 184 | 174 | | (b) The Division of Environmental Quality Fee Trust Fund fund shall 20 |
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| 185 | 175 | | consist of those special revenues as specified in : 21 |
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| 186 | 176 | | (1) Section § 19-6-301(104), there to be used to defray the 22 |
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| 187 | 177 | | costs of operating the Division of Environmental Quality as set out in §§ 8 -23 |
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| 188 | 178 | | 1-101 — 8-1-107; and 24 |
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| 189 | 179 | | (2) Section 8-6-607(b), there to be used for the administrative 25 |
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| 190 | 180 | | support of the Compliance Advisory Panel . 26 |
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| 191 | 181 | | 27 |
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| 192 | 182 | | SECTION 5. Arkansas Code § 19 -6-301, concerning the enumeration of 28 |
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| 193 | 183 | | special revenues, is amended to add an additional subdivision to read as 29 |
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| 194 | 184 | | follows: 30 |
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| 195 | 185 | | (277) Disposal and transportation fees as specified in § 8 -6-31 |
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| 196 | 186 | | 607(b)(1) for administrative support of the Compliance Advisory Panel. 32 |
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| 197 | 187 | | 33 |
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| 198 | 188 | | SECTION 6. Arkansas Code § 19 -6-471 is repealed. 34 |
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| 199 | 189 | | 19-6-471. Marketing Recyclables Program Fund. 35 |
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| 205 | 193 | | revenues as specified in § 19 -6-301(162), there to be used by the Compliance 1 |
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| 206 | 194 | | Advisory Panel for the Marketing Recyclables Program for the administration 2 |
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| 207 | 195 | | and performance of its duties, as administered by the Division of 3 |
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| 208 | 196 | | Environmental Quality under § 8 -9-201 et seq. 4 |
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| 209 | 197 | | 5 |
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| 210 | 198 | | SECTION 7. EMERGENCY CLAUSE. It is found and determined by the 6 |
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| 211 | 199 | | General Assembly of the State of Arkansas that the effectiveness of this act 7 |
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| 212 | 200 | | is essential to prudent operation of the Division of Environmental Quality; 8 |
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| 213 | 201 | | that delay in the effective date could work irreparable harm on the proper 9 |
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| 214 | 202 | | administration of government programs; and that this act is immediately 10 |
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| 215 | 203 | | necessary to ensure that the appropriate funds are available to administer 11 |
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| 216 | 204 | | the government programs of the Division of Environmental Quality. Therefore, 12 |
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| 217 | 205 | | an emergency is declared to exist, and this act being immediately necessary 13 |
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| 218 | 206 | | for the preservation of the public peace, health, and safety shall become 14 |
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| 219 | 207 | | effective on: 15 |
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| 220 | 208 | | (1) The date of its approval by the Governor; 16 |
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| 221 | 209 | | (2) If the bill is neither approved nor vetoed by the Governor, 17 |
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| 222 | 210 | | the expiration of the period of time during which the Governor may veto the 18 |
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| 223 | 211 | | bill; or 19 |
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| 224 | 212 | | (3) If the bill is vetoed by the Governor and the veto is 20 |
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| 225 | 213 | | overridden, the date the last house overrides the veto. 21 |
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| 226 | 214 | | 22 |
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