Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to present law.
                                           Act 501 of the Regular Session
 State of Arkansas
 93rd General Assembly                        A Bill
 Regular Session, 2021                                                             HOUSE BILL 1658
 4
 By: Representative Wing
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                                   For An Act To Be Entitled
                AN ACT TO AMEND THE LAWS CONCERNING BOARDS,
                COMMISSIONS, AND COMMITTEES WITHIN THE DEPARTMENT OF
                AGRICULTURE; AND FOR OTHER PURPOSES.
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                                               Subtitle
                         TO AMEND THE LAWS CONCERNING BOARDS,
                         COMMISSIONS, AND COMMITTEES WITHIN THE
                         DEPARTMENT OF AGRICULTURE.
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 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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        SECTION 1.        Arkansas Code Title 2, Chapter 16, Subchapter 7, is
 repealed.
                     Subchapter 7  Arkansas Fire Ant Advisory Board
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        2-16-701.        Creation.
        (a)    The Arkansas Fire Ant Advisory Board is hereby created to accept
 all gifts, grants, and other moneys from any source for the purpose of
 financing new and ongoing fire ant research and educational programs and
 providing counsel in planning and executing such research and educational
 programs.
        (b)    These moneys will route through the University of Arkansas
 Agricultural Experiment Station, the University of Arkansas Cooperative
 Extension Service, or the University of Arkansas Agricultural Development
 Council at Fayetteville for use by the board and fire ant researchers in the
 School of Forest Resources at the University of Arkansas at Monticello or
 other researchers in cooperative efforts with researchers at the University
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 of Arkansas at Monticello.
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          2-16-702.      Members.
          (a)   The Arkansas Fire Ant Advisory Board shall be composed of the Vice
 President for Agriculture of the University of Arkansas, the head of the
 Department of Entomology at the University of Arkansas at Fayetteville or his
 or her representative, the Secretary of the Department of Agriculture or his
 or her representative, and the following to be appointed from an ant-infested
 area by the Chair of the Arkansas Fire Ant Advisory Board:
                   (1)   A representative of an Arkansas environmental interest
 group;
                   (2)   A county extension agent or a member of the general public;
                   (3)   A representative of the farm or ranch industry;
                   (4)   A representative of the horticultural or nursery industry;
 and
                   (5)   A representative of the Arkansas Pest Control Association.
          (b)(1)     Members of the board appointed by the chair shall be appointed
 for four-year terms.
                   (2)   Persons appointed to fill vacancies shall serve for the
 remainder of the unexpired term.
          (c)   Members of the board shall serve without compensation. Board
 members may receive expense reimbursement in accordance with  25-16-901 et
 seq.
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          2-16-703.      Chair  Meetings.
          (a)   The Vice President for Agriculture of the University of Arkansas
 system shall serve as chair of the Arkansas Fire Ant Advisory Board.
          (b)   The board shall meet at the call of the chair and no less
 frequently than annually.
          (c)   The chair shall provide necessary meeting space and administrative
 services for the board.
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          2-16-704.      Rules.
          The Arkansas Fire Ant Advisory Board may promulgate rules necessary for
 the implementation of this subchapter.
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      2-16-705.      Annual report.
      No later than January 1 of each year, the Arkansas Fire Ant Advisory
 Board shall report to the directors of the University of Arkansas
 Agricultural Experiment Station and the University of Arkansas Cooperative
 Extension Service regarding all moneys received and expended by it during the
 preceding fiscal year.
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      SECTION 2.      Arkansas Code  14-118-203(e), concerning the Red River
 Commission, is amended to read as follows:
      (e)   Members of the commission shall receive no pay for their services,
 but whenever the General Assembly shall have appropriated funds to the
 Arkansas Water Development Fund administered by the Arkansas Soil and Water
 Conservation Commission Department of Agriculture, they may, upon proper
 application to the Arkansas Soil and Water Conservation Commission
 department, be reimbursed for expenses in accordance with  25-16-901 et seq.
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      SECTION 3.      Arkansas Code  15-20-1110 is repealed.
      15-20-1110.      Litter utilization committee.
      (a)   In nutrient surplus areas, the Arkansas Natural Resources
 Commission shall activate a litter utilization committee to facilitate
 utilization or removal of excess litter.
      (b)   The commission shall appoint a committee composed of poultry
 feeding operators, Department of Agriculture staff, and other persons
 knowledgeable in litter management.
      (c)(1)     The committee shall consider methods of removal, valuation of
 the litter, and avenues of distribution of litter.
      (2)   Alternative uses shall include adequate compensation to poultry
 feeding operations for the value of the litter.
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      SECTION 4.      Arkansas Code  15-22-1003(7), concerning definitions in
 the Arkansas Wetlands Mitigation Bank Act, is repealed.
               (7)   Wetlands Technical Advisory Committee means a committee
 made up of the directors or their designees of:
                     (A)   The Arkansas State Game and Fish Commission;
                     (B)   The Arkansas Department of Transportation;
                     (C)   The Division of Arkansas Heritage;
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                        (D)   The Division of Environmental Quality; and
                        (E)   Two (2) public members with expertise in aquatic
 resources ecology appointed by the Arkansas Natural Resources Commission.
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      SECTION 5.        Arkansas Code  15-22-1004 is amended to read as follows:
      15-22-1004.        Mitigation banks  Acquisition and protection.
      The Arkansas Natural Resources Commission or the commission's designee,
 in consultation with the Wetlands Technical Advisory Committee, may:
               (1)   Set a sales price for credits in the mitigation bank on
 behalf of the commission;
               (2)   Acquire or accept title, including easements, from willing
 sellers or donors to approved lands, in the name of the commission, suitable
 for use in mitigation banks;
               (3)   Pay costs incurred for alterations needed to create or
 restore aquatic resources areas for purposes of carrying out the provisions
 of this subchapter;
               (4)   Authorize payment of administrative, research, or scientific
 monitoring expenses of the commission in carrying out the provisions of this
 subchapter;
               (5)   Receive funds from whatever source for the voluntary
 acquisition of a mitigation bank and interests therein;
               (6)   Enter into contracts with state and federal agencies,
 nonprofit corporations, or other persons for the management of mitigation
 bank properties; and
               (7)(A)     Upon satisfactory establishment of a functioning aquatic
 resources site, convey mitigation bank properties to other appropriate state
 agencies for management.
                        (B)   The commission shall reserve such interest in the
 mitigation bank property as necessary to protect the aquatic resources
 function and values.
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      SECTION 6.        Arkansas Code  15-22-1006(a), concerning the resource
 values and credits for mitigation banks, is amended to read as follows:
      (a)   For each mitigation bank, the Executive Director of the Arkansas
 Natural Resources Commission, in consultation with the Wetlands Technical
 Advisory Committee, shall establish a system of aquatic resources values and
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 credits consistent with compensatory mitigation under       404 of the Clean
 Water Act, 33 U.S.C.  1344, and  9 and 10 of the Rivers and Harbors Act,
 33 U.S.C.  401 and 403, as they existed on January 1, 2007, and Exec. Order
 No. 11,990 issued May 24, 1977, 42 Fed. Reg. 26,961.
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         SECTION 7.    Arkansas Code  15-22-1007(b), concerning annual monitoring
 reports of mitigation banks by the Arkansas Natural Resources Commission, is
 repealed.
         (b)   The commission shall provide annual reports to the Wetlands
 Technical Advisory Committee of moneys spent and received for each mitigation
 bank.
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         SECTION 8.    Arkansas Code  15-22-1009(a), concerning the carrying out
 of the provisions of the Arkansas Wetlands Mitigation Bank Act, is amended to
 read as follows:
         (a)   The provisions of this subchapter shall be carried out by the
 Arkansas Natural Resources Commission in consultation with the Wetlands
 Technical Advisory Committee.
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         SECTION 9.    Arkansas Code  25-38-202(b)(3)(A)(ii)(f), concerning
 delegation related to rules, orders, or directives promulgated or issued by
 certain boards and committees to the Department of Agriculture by the
 Secretary of the Department of Agriculture, is repealed.
                                  (f)   Arkansas Fire Ant Advisory Board;
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         SECTION 10.   Arkansas Code  25-38-202(b)(3)(A)(ii)(p), concerning
 delegation related to rules, orders, or directives promulgated or issued by
 certain boards and committees to the Department of Agriculture by the
 Secretary of the Department of Agriculture, is repealed.
                                  (p)   Litter Utilization Committee;
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         SECTION 11.   Arkansas Code  25-38-202(b)(3)(A)(ii)(s), concerning
 delegation related to rules, orders, or directives promulgated or issued by
 certain boards and committees to the Department of Agriculture by the
 Secretary of the Department of Agriculture, is repealed.
                                  (s)   Red River Compact Commission;
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      SECTION 12.       Arkansas Code  25-38-202(b)(3)(A)(ii)(v), concerning
 delegation related to rules, orders, or directives promulgated or issued by
 certain boards and committees to the Department of Agriculture by the
 Secretary of the Department of Agriculture, is repealed:
                                  (v)   Wetlands Technical Advisory Committee; or
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      SECTION 13.       Arkansas Code  25-38-202(b)(3)(A)(ii), concerning
 delegation related to rules, orders, or directives promulgated or issued by
 certain boards and committees to the Department of Agriculture by the
 Secretary of the Department of Agriculture, is amended to add an additional
 subdivision to read as follows:
                                  (x)   The Red River Commission, created under 
 14-118-202.
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      SECTION 14.       Arkansas Code  25-38-206(a)(9), concerning administrative
 functions of certain boards, commissions, bureaus, committees, programs, and
 offices administered by the Department of Agriculture, is repealed.
               (9)    The Red River Compact Commission;
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      SECTION 15.       Arkansas Code  25-38-206(a)(14), concerning
 administrative functions of certain boards, commissions, bureaus, committees,
 programs, and offices administered by the Department of Agriculture, is
 repealed.
               (14)   The Arkansas Fire Ant Advisory Board;
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      SECTION 16.       Arkansas Code  25-38-206(a)(18), concerning
 administrative functions of certain boards, commissions, bureaus, committees,
 programs, and offices administered by the Department of Agriculture, is
 repealed.
               (18)   The Litter Utilization Committee;
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      SECTION 17.       Arkansas Code  25-38-206(a)(22), concerning
 administrative functions of certain boards, commissions, bureaus, committees,
 programs, and offices administered by the Department of Agriculture, is
 repealed.
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               (22)    The Wetlands Technical Advisory Committee.
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         SECTION 18.    Arkansas Code  25-38-206(a), concerning administrative
 functions of certain boards, commissions, bureaus, committees, programs, and
 offices administered by the Department of Agriculture, is amended to add an
 additional subdivision to read as follows:
               (23)    The Red River Commission, created under  14-118-202.
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         SECTION 19.    Arkansas Code  25-38-211(a)(6), concerning transfer of
 certain agricultural boards, commissions, bureaus, committees, programs, and
 offices to the Department of Agriculture, is repealed.
               (6)    The Arkansas Fire Ant Advisory Board, created under  2-16-
 701;
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         SECTION 20.    Arkansas Code  25-38-211(a)(16), concerning transfer of
 certain agricultural boards, commissions, bureaus, committees, programs, and
 offices to the Department of Agriculture, is repealed.
               (16)    The Litter Utilization Committee, created under  15-20-
 1110;
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         SECTION 21.    Arkansas Code  25-38-211(a)(19), concerning transfer of
 certain agricultural boards, commissions, bureaus, committees, programs, and
 offices to the Department of Agriculture, is repealed.
               (19)    The Red River Compact Commission, created under  15-23-
 501;
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         SECTION 22.    Arkansas Code  25-38-211(a)(22), concerning transfer of
 certain agricultural boards, commissions, bureaus, committees, programs, and
 offices to the Department of Agriculture, is repealed.
               (22)    The Wetlands Technical Advisory Committee, created under 
 15-22-1003.
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         SECTION 23.    Arkansas Code  25-38-211(a), concerning transfer of
 certain agricultural boards, commissions, bureaus, committees, programs, and
 offices to the Department of Agriculture, is amended to add an additional
 subdivision to read as follows:
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               (23)    The Red River Commission, created under  14-118-202.
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         SECTION 24.    Arkansas Code  25-43-202(a)(7), concerning the transfer
 of state entities to the Department of Agriculture, is repealed.
               (7)    The Arkansas Fire Ant Advisory Board, created under  2-16-
 701;
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         SECTION 25.    Arkansas Code  25-43-202(a)(17), concerning the transfer
 of state entities to the Department of Agriculture, is repealed.
               (17)    The Litter Utilization Committee, created under  15-20-
 1110;
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         SECTION 26.    Arkansas Code  25-43-202(a)(20), concerning the transfer
 of state entities to the Department of Agriculture, is repealed.
               (20)    The Red River Compact Commission, created under  15-23-
 501;
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         SECTION 27.    Arkansas Code  25-43-202(a)(23), concerning the transfer
 of state entities to the Department of Agriculture, is repealed.
               (23)    The Wetlands Technical Advisory Committee, created under 
 15-22-1003.
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         SECTION 28.    Arkansas Code  25-43-202(a), concerning the transfer of
 state entities to the Department of Agriculture, is amended to add an
 additional subdivision to read as follows:
               (24)    The Red River Commission, created under  14-118-202.
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         SECTION 29.    DO NOT CODIFY.   Legislative intent related to Red River
 Compact Commission and Red River Commission.
         (a)   The Red River Compact Commission was transferred as a state agency
 to the Department of Agriculture in error by Acts 2019, No. 910.
         (b)   It is the intent of this act to remove the Red River Compact
 Commission from the Department of Agriculture and for the Red River Compact
 Commission to resume all of the previous powers, duties, and functions as
 existed under  15-23-501 et seq. before the transfer.
         (c)   It is further the intent of this act to transfer th