Bill Summary – FastDemocracy

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                                             Act 333 of the Regular Session
 State of Arkansas
 93rd General Assembly                            A Bill
 Regular Session, 2021                                                                  SENATE BILL 278
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 By: Joint Budget Committee
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                                      For An Act To Be Entitled
                AN ACT TO REAPPROPRIATE THE BALANCES OF CAPITAL
                IMPROVEMENT APPROPRIATIONS FOR THE DEPARTMENT OF
                COMMERCE - ARKANSAS ECONOMIC DEVELOPMENT COMMISSION;
                AND FOR OTHER PURPOSES.
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                                                   Subtitle
                           AN ACT FOR THE DEPARTMENT OF COMMERCE -
                           ARKANSAS ECONOMIC DEVELOPMENT COMMISSION
                           REAPPROPRIATION.
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 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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        SECTION 1. REAPPROPRIATION - DEVELOPMENT AND ENHANCEMENT FUND AND
 CAPITAL PROJECTS - RURAL SERVICES DIVISION.                     There is hereby appropriated, to
 the Department of Commerce, to be payable from the Development and
 Enhancement Fund, for the Department of Commerce - Arkansas Economic
 Development Commission - Rural Services Division the following:
        (A)    Effective July 1, 2021, the balance of the appropriation provided
 in Item (C) of Section 2 of Act 117 of 2020, for community improvement grants
 to counties, for operating, construction, improvements, equipment,
 renovation, and maintenance expenses associated with county fairs and rodeos,
 in a sum not to exceed ...............................................$5,625.
        (B)    Effective July 1, 2021, the balance of the appropriation provided
 in Item (D) of Section 2 of Act 117 of 2020, for grants to fire departments,
 counties, municipalities, or subdivisions thereof, or other eligible entities
 for operating, construction, improvements, equipment, renovation, and
 maintenance expenses associated with public buildings, community centers,
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 memorials, parks, amphitheaters, recreation centers, fire protection and
 cemeteries, in a sum not to exceed .....................................$180.
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      SECTION 2. REAPPROPRIATION - ECONOMIC DEVELOPMENT INCENTIVE PROGRAM -
 CREATE REBATE.   There is hereby appropriated, to the Department of Commerce,
 to be payable from the Economic Development Incentive Fund of the Arkansas
 Economic Development Commission, for the Department of Commerce - Arkansas
 Economic Development Commission the following:
      (A)   Effective July 1, 2021, the balance of the appropriation provided
 in Item (B) of Section 3 of Act 117 of 2020, for financial incentives to
 companies locating a new facility or expanding an existing facility with the
 State of Arkansas and for companies that hire and maintain specified levels
 of employment, as identified in signed financial agreements with the Arkansas
 Economic Development Commission, in a sum not to exceed .........$37,500,000.
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      SECTION 3. REAPPROPRIATION - DEVELOPMENT AND ENHANCEMENT FUNDS -
 DIVISION OF SCIENCE AND TECHNOLOGY.       There is hereby appropriated, to the
 Department of Commerce, to be payable from the Development and Enhancement
 Fund, for the Department of Commerce - Arkansas Economic Development
 Commission - Division of Science and Technology the following:
      (A)   Effective July 1, 2021, the balance of the appropriation provided
 in Item (A) of Section 4 of Act 117 of 2020, for matching funds for a grant
 from the National Science Foundation, in a sum not to exceed .........$8,453.
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      SECTION 4. REAPPROPRIATION - QUICK ACTION CLOSING FUND.        There is
 hereby appropriated, to the Department of Commerce, to be payable from the
 Economic Development Incentive Quick Action Closing Fund, for the Department
 of Commerce - Arkansas Economic Development Commission the following:
      (A)   Effective July 1, 2021, the balance of the appropriation provided
 in Item (A) of Section 5 of Act 117 of 2020, for incentives to attract new
 business and economic development to the State by the Arkansas Economic
 Development Commission, in a sum not to exceed ...................$1,838,069.
      (B)   Effective July 1, 2021, the balance of the appropriation provided
 in Item (B) of Section 5 of Act 117 of 2020, for incentives to attract new
 business and economic development to the State, in a sum not to exceed
 .................................................................$18,727,888.
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      SECTION 5. REAPPROPRIATION - MINORITY AND WOMEN-OWNED BUSINESS LOAN
 MOBILIZATION.   There is hereby appropriated, to the Department of Commerce,
 to be payable from the Minority and Women-Owned Business Loan Mobilization
 Revolving Fund, for the Department of Commerce - Arkansas Economic
 Development Commission the following:
      (A)    Effective July 1, 2021, the balance of the appropriation provided
 in Item (A) of Section 6 of Act 117 of 2020, for promoting the development of
 minority business enterprises in the State, increasing the ability of
 minority business enterprises to compete for state contracts, and sustaining
 the economic growth of minority business enterprises in the State, in a sum
 not to exceed ......................................................$202,578.
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      SECTION 6. REAPPROPRIATION - CAPITAL IMPROVEMENT PROJECTS, GRANTS AND
 PROGRAMS.   There is hereby appropriated, to the Department of Commerce, to be
 payable from the Development and Enhancement Fund, for the Department of
 Commerce - Arkansas Economic Development Commission the following:
      (A)    Effective July 1, 2021, the balance of the appropriation provided
 in Item (A) of Section 9 of Act 117 of 2020, for statewide grants to
 organizations that provide spay and neuter services, in a sum not to exceed
 ....................................................................$120,000.
      (B)    Effective July 1, 2021, the balance of the appropriation provided
 in Item (B) of Section 9 of Act 117 of 2020, for grants to eligible entities
 for improvements, construction, renovation, major maintenance, operating
 expenses and repairs for airports, in a sum not to exceed .........$100,000.
      (C)    Effective July 1, 2021, the balance of the appropriation provided
 in Item (C) of Section 9 of Act 117 of 2020, for grants and/or loans to state
 agencies, community-based non-profit organizations, fire departments,
 counties, municipalities or subdivisions thereof, or other eligible entities
 for operating, construction, improvements, equipment, renovation, and/or
 maintenance expenses associated with public buildings, public lands,
 community centers, memorials, parks, amphitheaters, museums, recreation
 centers, fire protection, law enforcement, libraries, senior centers, and
 cemeteries, in a sum not to exceed ..............................$27,917,430.
      (D)    Effective July 1, 2021, the balance of the appropriation provided
 in Item (D) of Section 9 of Act 117 of 2020, for payments on bonds issued for
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 economic development projects authorized under Amendment 82 to the
 Constitution of the State of Arkansas of 1874, in a sum not to exceed
 ..................................................................$7,000,000.
      (E)   Effective July 1, 2021, the balance of the appropriation provided
 in Item (E) of Section 9 of Act 117 of 2020, for funding for grants and/or
 loans to state agencies, cities, counties, community-based non-profit
 organizations and other eligible entities to support economic stimulus
 activities throughout the state, in a sum not to exceed ..........$9,150,000.
      (F)   Effective July 1, 2021, the balance of the appropriation provided
 in Item (F) of Section 9 of Act 117 of 2020, for vital infrastructure needs,
 programs, grants, and/or loans for public buildings, water treatment systems,
 environmental concerns, energy needs, telecommunications, sewer systems, and
 cost-effective energy efficient improvements and technologies, in a sum not
 to exceed .......................................................$22,000,000.
      (G)   Effective July 1, 2021, the balance of the appropriation provided
 in Item (G) of Section 9 of Act 117 of 2020, for Public Safety Grants to
 eligible entities for personal services, operating expenses, equipment,
 maintenance, repair and upgrade associated with the provision of fire
 protection, search and rescue, security enhancement, telecommunications,
 emergency medical service, and disaster relief and recovery, in a sum not to
 exceed ...........................................................$9,900,000.
      (H)   Effective July 1, 2021, the balance of the appropriation provided
 in Item (H) of Section 9 of Act 117 of 2020, for community improvement grants
 for equipment, repair, maintenance, construction, renovation, improvement and
 upgrade of public buildings and facilities, in a sum not to exceed
 ..................................................................$5,000,000.
      (I)   Effective July 1, 2021, the balance of the appropriation provided
 in Item (I) of Section 9 of Act 117 of 2020, for grant matching funds and/or
 loans to state agencies, cities, counties, community-based non-profit
 organizations and other eligible entities applying for consideration with a
 granting organization that requires matching funds for projects, to maximize
 contributions, provide cash assistance, or match contributions to ensure
 grant funding or contract, in a sum not to exceed ................$9,225,000.
      (J)   Effective July 1, 2021, the balance of the appropriation provided
 in Item (J) of Section 9 of Act 117 of 2020, for the purpose of providing
 grants and/or loans to state agencies, cities, counties, community-based non-
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 profit organizations and other entities determined by the Arkansas Economic
 Development Commission to be eligible to: (1) undertake public works projects
 and/or job training efforts which support private sector job creation
 opportunities; (2) alleviate conditions which constitute a threat to public
 health and wellbeing; (3) partially defray the cost of providing access to
 publicly owned industrial parks, and/or technology parks; (4) provide for the
 expansion of the aircraft and aerospace industry; (5) provide for port, rail
 and waterway economic development projects; (6) provide for technology based
 economic development projects; (7) provide for industrial site development
 costs (including, but not limited to land acquisition, construction,
 renovation, and equipment acquisition); (8) provide for development of
 intermodal facilities (including, but not limited to port and/or waterway
 projects, rail spur construction and/or road and highway improvement); (9)
 pay the costs of environmental mitigation projects; (10) provide for
 construction and/or improvement of water and sewer systems, in a sum not to
 exceed ..........................................................$28,200,000.
      (K)   Effective July 1, 2021, the balance of the appropriation provided
 in Item (K) of Section 9 of Act 117 of 2020, for funding for an investment in
 Arkansas's workforce through training incentives for companies located in
 Arkansas to upgrade skills of their existing workforce, or for a potential
 new workforce, and to build capacity within Arkansas to supply on-going
 training needs of Arkansas companies and to increase participation in the
 State's school-to-work initiatives, in a sum not to exceed .......$3,000,000.
      (L)   Effective July 1, 2021, the balance of the appropriation provided
 in Item (L) of Section 9 of Act 117 of 2020, for a transfer to the Economic
 Development Incentive Quick Action Closing Fund, for incentives to attract
 new business and economic development to the state, in a sum not to exceed
 .................................................................$75,000,000.
      (M)   Effective July 1, 2021, the balance of the appropriation provided
 in Item (A) of Section 7 of Act 117 of 2020, for funding for grants and/or
 loans to state agencies, cities, counties, community-based non-profit
 organizations and other eligible entities to undertake public works projects
 and/or job training efforts which support private sector job creation
 opportunities, alleviate conditions which constitute a threat to public
 health and well-being, or partially defray the costs of providing access to
 publicly owned industrial parks, and/or technology parks; to provide grants
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 and/or loans for the expansion of the aircraft and aerospace industry; grants
 and/or loans for port and waterway economic development projects; grants
 and/or loans for industrial site development costs (including, but not
 limited to land acquisition, construction, renovation, and equipment
 acquisition); development of intermodal facilities (including, but not
 limited to port and waterway projects, rail spur construction and road and
 highway improvements); grants and/or loans to pay the costs of environmental
 mitigation projects; and for construction and/or improvement of water sewer
 systems, in a sum not to exceed ......................................$6,365.
      (N)   Effective July 1, 2021, the balance of the appropriation provided
 in Item (B) of Section 7 of Act 117 of 2020, for funding for grants and/or
 loans to state agencies, cities, counties, community-based non-profit
 organizations and other eligible entities to support economic stimulus
 activities throughout the State, in a sum not to exceed ............$325,001.
      (O)   Effective July 1, 2021, the balance of the appropriation provided
 in Item (C) of Section 7 of Act 117 of 2020, for funding for grants and/or
 loans to state agencies, cities, counties, community-based non-profit
 organizations and other eligible entities to undertake public works projects
 and/or job training efforts which support private sector job creation
 opportunities, alleviate conditions which constitute a threat to public
 health and well-being, or partially defray the costs of providing access to
 publicly owned industrial parks, and/or technology parks; to provide grants
 and/or loans for the expansion of the aircraft and aerospace industry; grants
 and/or loans for port and waterway economic development projects; grants
 and/or loans for technology based economic development projects; grants
 and/or loans for industrial site development costs (including, but not
 limited to land acquisition, construction, renovation, and equipment
 acquisition); development of intermodal facilities (including, but not
 limited to port and waterway projects, rail spur construction and road and
 highway improvements); grants and/or loans to pay the costs of environmental
 mitigation projects; and for construction and/or improvement of water and
 sewer systems, in a sum not to exceed ...............................$12,676.
      (P)   Effective July 1, 2021, the balance of the appropriation provided
 in Item (D) of Section 7 of Act 117 of 2020, for allocation by the Executive
 Director of the Economic Development Commission for activities associated
 with the implementation of the State's strategic plan for economic
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 development, in a sum not to exceed ................................$130,100.
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      SECTION 7. DISBURSEMENT CONTROLS. (A)    No contract may be awarded nor
 obligations otherwise incurred in relation to the project or projects
 described herein in excess of the State Treasury funds actually available
 therefor as provided by law.   Provided, however, that institutions and
 agencies listed herein shall have the authority to accept and use grants and
 donations including Federal funds, and to use its unobligated cash income or
 funds, or both available to it, for the purpose of supplementing the State
 Treasury funds for financing the entire costs of the project or projects
 enumerated herein.   Provided further, that the appropriations and funds
 otherwise provided by the General Assembly for Maintenance and General
 Operations of the agency or institutions receiving appropriation herein shall
 not be used for any of the purposes as appropriated in this act.
      (B) The restrictions of any applicable provisions of the State
 Purchasing Law, the General Accounting and Budgetary Procedures Law, the
 Revenue Stabilization Law and any other applicable fiscal control laws of
 this State a