Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to present law.
                                           Act 901 of the Regular Session
 State of Arkansas
 93rd General Assembly                        A Bill
 Regular Session, 2021                                                             SENATE BILL 637
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 By: Senator Irvin
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                                   For An Act To Be Entitled
                  AN ACT TO AMEND THE ARKANSAS UNPAVED ROADS PROGRAM
                  ACT; TO TRANSFER DUTIES TO THE DEPARTMENT OF
                  AGRICULTURE; TO AUTHORIZE THE DEPARTMENT OF
                  AGRICULTURE TO PROMULGATE RULES AND AWARD GRANT
                  FUNDS; AND FOR OTHER PURPOSES.
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                                               Subtitle
                         TO AMEND THE ARKANSAS UNPAVED ROADS
                         PROGRAM ACT; TO TRANSFER DUTIES TO THE
                         DEPARTMENT OF AGRICULTURE; AND TO
                         AUTHORIZE THE DEPARTMENT OF AGRICULTURE
                         TO PROMULGATE RULES AND AWARD GRANT
                         FUNDS.
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 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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         SECTION 1.       Arkansas Code  14-305-105 is amended to read as follows:
         14-305-105.       Application process  Criteria for selection.
         (a)(1)      After completing training in best management practices, a
 county may submit an application to receive funding for an unpaved road
 project to the Arkansas Natural Resources Commission Department of
 Agriculture.
                  (2)    The Arkansas Natural Resources Commission department shall:
                         (A)   Determine which of the proposed unpaved road projects
 to fund based on the criteria and requirements stated in this chapter; and
                         (B)   Create an advisory committee to assist the Arkansas
 Natural Resources Commission department in evaluating applications and
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 determining which proposed unpaved road projects to fund.
      (b)    A county applying for funding for an unpaved road project shall
 submit an application to the Arkansas Natural Resources Commission department
 that includes the following:
             (1)   A brief description of the maintenance needs to be addressed
 by the unpaved road project;
             (2)   A cost estimate for the unpaved road project;
             (3)   A proposed work schedule for the unpaved road project;
             (4)   The basis for successful completion of the unpaved road
 project with citation to the relevant feature contained in subsection (c) of
 this section;
             (5)   A plan for using best management practices;
             (6)   A description of the unpaved road project site, including
 without limitation a site map; and
             (7)   Any other information requested by the Arkansas Natural
 Resources Commission department.
      (c)    The proposed unpaved road project shall be located in a watershed
 area with at least one (1) of the following features, listed in order of
 priority:
             (1)   An aquatic species that the United States Government has
 listed as a threatened, endangered, or candidate species;
             (2)   A water body that has been determined to be impaired as a
 result of turbidity or sediment;
             (3)   A drinking water source;
             (4)   An interstate water body;
             (5)   A species that the Arkansas State Game and Fish Commission
 has declared is of greatest conservation need;
             (6)   An agricultural or pasture land use; or
             (7)   A forestry land use.
      (d)    The proposed unpaved road project shall not include the paving or
 chipping and sealing of a dirt or gravel road.
      (e)    The Arkansas Natural Resources Commission department shall
 evaluate and prioritize each proposed unpaved road project based on the
 characteristics of the road contributing to erosion.
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      SECTION 2.    Arkansas Code  14-305-106(b) and (c), concerning grant
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                                                                                  SB637
 funding from the Arkansas Unpaved Roads Program Fund, are amended to read as
 follows:
      (b)   The Arkansas Natural Resources Commission Department of
 Agriculture may award a grant to a county using funds available in the
 Arkansas Unpaved Roads Program Fund for up to fifty percent (50%) of the
 estimated total costs of a proposed unpaved road project.
      (c)   At least four percent (4%) of the funding obtained from the
 commission department under this chapter shall be used to evaluate and assess
 the unpaved road project.
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      SECTION 3.      Arkansas Code  14-305-107(b) and (c), concerning the
 completion of unpaved road projects, are amended to read as follows:
      (b)(1)     If an unpaved road project that has been approved for a grant
 is not completed within one (1) year of the award of the grant, the county
 shall refund the full grant amount to the Arkansas Natural Resources
 Commission Department of Agriculture.
               (2)   However, for good cause shown, the Director of the Arkansas
 Natural Resources Commission department may allow one (1) extension for a
 county that is unable to complete its unpaved road project within the period
 stated in subdivision (b)(1) of this section.
      (c)   A county shall:
               (1)   Comply with the standards set by the commission department
 for the completion of an unpaved road project to ensure that the unpaved road
 project is conducted in a manner that is not harmful to the state or the
 environment; and
               (2)   Report on the progress of the unpaved road project in the
 manner and at the times determined by the commission department.
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      SECTION 4.      Arkansas Code  14-305-108(3), concerning inspections of
 records of a county that receives a grant under the Arkansas Unpaved Roads
 Program, is amended to read as follows:
               (3)   Allow inspection by the Arkansas Natural Resources
 Commission Department of Agriculture of the records described in subdivisions
 (1) and (2) of this section.
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      SECTION 5.      Arkansas Code  14-305-110 is amended to read as follows:
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                                                                               SB637
      14-305-110.   Rules.
      The Arkansas Natural Resources Commission Department of Agriculture
 shall promulgate rules to implement and administer this chapter, including
 without limitation rules regarding:
            (1)   The application process;
            (2)   The creation and administration of an advisory committee to
 assist the commission department in evaluating applications and making
 funding determinations;
            (3)   The disbursement of grant funds;
            (4)   The reporting required by counties that receive grant funds
 under this chapter;
            (5)   The evaluation and assessment of unpaved road projects
 approved for grants;
            (6)   The expenses that are eligible for grant funds; and
            (7)   The standards a county is required to meet in completing an
 unpaved road project.
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                               APPROVED: 4/25/21
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Statutes affected: 
SB 637: 14-305-105, 14-305-106(b), 14-305-107(b), 14-305-108(3)
Act 901: 14-305-105, 14-305-106(b), 14-305-107(b), 14-305-108(3)