Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to present law.
                                           Act 704 of the Regular Session
 1   State of Arkansas
 2   94th General Assembly                        A Bill
 3   Regular Session, 2023                                                             SENATE BILL 467
 4
 5   By: Senator Irvin
 6
 7                                     For An Act To Be Entitled
 8                   AN ACT TO AMEND LAW CONCERNING THE ARKANSAS POLLUTION
 9                   CONTROL AND ECOLOGY COMMISSION; TO AMEND THE
10                   MEMBERSHIP OF THE ARKANSAS POLLUTION CONTROL AND
11                   ECOLOGY COMMISSION; AND FOR OTHER PURPOSES.
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14                                                 Subtitle
15                           TO AMEND THE LAW CONCERNING THE ARKANSAS
16                           POLLUTION CONTROL AND ECOLOGY COMMISSION;
17                           AND TO AMEND THE MEMBERSHIP OF THE
18                           ARKANSAS POLLUTION CONTROL AND ECOLOGY
19                           COMMISSION.
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21
22   BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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24           SECTION 1.       Arkansas Code § 8-4-104(b), concerning the members of the
25   Arkansas Pollution Control and Ecology Commission, is amended to read as
26   follows:
27           (b)   The Arkansas Pollution Control and Ecology Commission shall be
28   composed of fifteen (15) seven (7) members:
29                   (1)(A)     The Governor, by and with the advice and consent of the
30   Senate, shall appoint eight (8) four (4) members.
31                            (B)   Each congressional district shall be represented on
32   the Arkansas Pollution Control and Ecology Commission by at least one (1)
33   member, and no district shall have more than two (2) members of the eight (8)
34   appointees.
35                            (C)(i)   The Governor shall not appoint a member to
36   represent any specific or special interest group, organization, or
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                                                                                  SB467
 1   philosophy.
 2                              (ii) However, in making appointments to the Arkansas
 3   Pollution Control and Ecology Commission, the Governor shall appoint
 4   individuals who have knowledge or expertise in matters within the
 5   jurisdiction of the Arkansas Pollution Control and Ecology Commission,
 6   including government, business or industry, agriculture and livestock,
 7   forestry, health, ecology, recreation and tourism, and or geology.
 8                       (D)   Each member appointed by the Governor shall be
 9   appointed for a term of four (4) years; and
10                 (2)   The other seven (7) three (3) members of the Arkansas
11   Pollution Control and Ecology Commission shall be:
12                       (A)   The Secretary of the Department of Health, or his or
13   her designee;
14                       (B)   The Secretary of the Department of Agriculture, or his
15   or her designee; and
16                       (C)   The Director of the Arkansas State Game and Fish
17   Commission, or his or her designee;
18                       (D)   The State Forester, or his or her designee on behalf
19   of the Arkansas Forestry Commission;
20                       (E)   The Director of the Oil and Gas Commission, or his or
21   her designee;
22                       (F)   The Director of the Arkansas Natural Resources
23   Commission, or his or her designee; and
24                       (G)   The State Geologist, or his or her designee, on behalf
25   of the Arkansas Geological Survey.
26
27        SECTION 2.      Arkansas Code § 8-4-104(f)(2), concerning the members of
28   the Arkansas Pollution Control and Ecology Commission required for a quorum,
29   is amended to read as follows:
30                 (2)   Nine (9) A majority of members of the Arkansas Pollution
31   Control and Ecology Commission shall constitute a quorum to transact business
32   in both regular and special meetings.
33
34        SECTION 3.      Arkansas Code § 8-4-104(g)(2), concerning the
35   reimbursements and stipends for members of the Arkansas Pollution Control and
36   Ecology Commission appointed by the Governor, is amended to read as follows:
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                                                                                SB467
 1               (2)   The other seven (7) four (4) members appointed by the
 2   Governor may receive expense reimbursement and stipends in accordance with §
 3   25-16-901 et seq.
 4
 5        SECTION 4.     DO NOT CODIFY.   TEMPORARY LANGUAGE.
 6        (a)    This act shall not shorten the term of any current member of the
 7   Arkansas Pollution Control and Ecology Commission that is appointed by the
 8   Governor but shall be implemented as terms expire, if a member voluntarily
 9   resigns, and by filling vacancies on the commission.
10        (b)    The removal of the following members under this act shall be
11   effective upon the effective date of this act, the:
12                       (1)   State Forester, or his or her designee on behalf of
13   the Arkansas Forestry Commission;
14                       (2)   Director of the Oil and Gas Commission, or his or her
15   designee;
16                       (3)   Director of the Arkansas Natural Resources Commission,
17   or his or her designee; and
18                       (4)   State Geologist, or his or her designee, on behalf of
19   the Arkansas Geological Survey.
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21
22                                    APPROVED: 4/11/23
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Statutes affected: 
SB 467: 8-4-104(b), 8-4-104(f), 8-4-104(g)
Act 704: 8-4-104(b), 8-4-104(f), 8-4-104(g)