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Act 28 of the Regular Session
1 State of Arkansas
2 94th General Assembly A Bill
3 Regular Session, 2023 HOUSE BILL 1138
4
5 By: Joint Budget Committee
6
7 For An Act To Be Entitled
8 AN ACT TO MAKE AN APPROPRIATION FOR PERSONAL SERVICES
9 AND OPERATING EXPENSES FOR THE DEPARTMENT OF ENERGY
10 AND ENVIRONMENT - OIL AND GAS COMMISSION FOR THE
11 FISCAL YEAR ENDING JUNE 30, 2024; AND FOR OTHER
12 PURPOSES.
13
14
15 Subtitle
16 AN ACT FOR THE DEPARTMENT OF ENERGY AND
17 ENVIRONMENT - OIL AND GAS COMMISSION
18 APPROPRIATION FOR THE 2023-2024 FISCAL
19 YEAR.
20
21
22 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
23
24 SECTION 1. REGULAR SALARIES. There is hereby established for the
25 Department of Energy and Environment - Oil and Gas Commission for the 2023-
26 2024 fiscal year, the following maximum number of regular employees.
27
28 Maximum Annual
29 Maximum Salary Rate
30 Item Class No. of Fiscal Year
31 No. Code Title Employees 2023-2024
32 (1) U045U OIL & GAS DIRECTOR 1 GRADE SE01
33 (2) D015C STATE NETWORK ENGINEER 1 GRADE IT07
34 (3) D040C GIS ANALYST 1 GRADE IT06
35 (4) D052C SOFTWARE SUPPORT ANALYST 1 GRADE IT05
36 (5) D071C COMPUTER SUPPORT ANALYST 1 GRADE IT03
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1 (6) B008N SENIOR PETROLEUM ENGINEER 2 GRADE GS12
2 (7) B014N SENIOR PETROLEUM GEOLOGIST 3 GRADE GS11
3 (8) G063C E&E BRANCH MANAGER 2 GRADE GS10
4 (9) B042C ENGINEER 1 GRADE GS09
5 (10) B050C E&E INSPECTOR SUPERVISOR II 1 GRADE GS08
6 (11) C037C ADMINISTRATIVE ANALYST 3 GRADE GS06
7 (12) X082C E&E INSPECTOR II 9 GRADE GS06
8 (13) C056C ADMINISTRATIVE SPECIALIST III 3 GRADE GS04
9 (14) X098C OIL & GAS TECHNICIAN 2 GRADE GS04
10 (15) C073C ADMINISTRATIVE SPECIALIST II 3 GRADE GS03
11 MAX. NO. OF EMPLOYEES 34
12
13 SECTION 2. EXTRA HELP. There is hereby authorized, for the Department
14 of Energy and Environment - Oil and Gas Commission for the 2023-2024 fiscal
15 year, the following maximum number of part-time or temporary employees, to be
16 known as "Extra Help", payable from funds appropriated herein for such
17 purposes: six (6) temporary or part-time employees, when needed, at rates of
18 pay not to exceed those provided in the Uniform Classification and
19 Compensation Act, or its successor, or this act for the appropriate
20 classification.
21
22 SECTION 3. APPROPRIATION - OPERATIONS. There is hereby appropriated,
23 to the Department of Energy and Environment, to be payable from the Oil and
24 Gas Commission Fund, for personal services and operating expenses of the
25 Department of Energy and Environment - Oil and Gas Commission for the fiscal
26 year ending June 30, 2024, the following:
27
28 ITEM FISCAL YEAR
29 NO. 2023-2024
30 (01) REGULAR SALARIES $1,897,807
31 (02) EXTRA HELP 60,000
32 (03) PERSONAL SERVICES MATCHING 682,039
33 (04) MAINT. & GEN. OPERATION
34 (A) OPER. EXPENSE 887,197
35 (B) CONF. & TRAVEL 40,000
36 (C) PROF. FEES 25,000
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1 (D) CAP. OUTLAY 160,000
2 (E) DATA PROC. 0
3 (05) POLLUTION CONTROL 275,000
4 (06) REFUNDS/REIMBURSEMENTS 100,000
5 (07) DATA PROCESSING SERVICES 348,217
6 (08) INTERSTATE OIL COMPACT 35,000
7 (09) GEOLOGICAL RESEARCH 110,000
8 (10) UNDERGROUND INJECTION CONTROL 100,000
9 (11) GROUNDWATER PROTECTION 12,500
10 (12) ENERGY EDUCATION 30,000
11 TOTAL AMOUNT APPROPRIATED $4,762,760
12
13 SECTION 4. APPROPRIATION - REFUNDS AND REIMBURSEMENTS. There is hereby
14 appropriated, to the Department of Energy and Environment, to be payable from
15 cash funds as defined by Arkansas Code 19-4-801, for refunds and
16 reimbursements of the Department of Energy and Environment - Oil and Gas
17 Commission for the fiscal year ending June 30, 2024, the following:
18
19 ITEM FISCAL YEAR
20 NO. 2023-2024
21 (01) REFUNDS/REIMBURSEMENTS $200,000
22
23 SECTION 5. APPROPRIATION - WELL PLUGGING PROGRAM. There is hereby
24 appropriated, to the Department of Energy and Environment, to be payable from
25 the Abandoned and Orphaned Well Plugging Fund, for well plugging program
26 expenses of the Department of Energy and Environment - Oil and Gas Commission
27 - Well Plugging Program for the fiscal year ending June 30, 2024, the
28 following:
29
30 ITEM FISCAL YEAR
31 NO. 2023-2024
32 (01) WELL PLUGGING EXPENSES $12,500,000
33
34 SECTION 6. SPECIAL LANGUAGE. NOT TO BE INCORPORATED INTO THE ARKANSAS
35 CODE NOR PUBLISHED SEPARATELY AS SPECIAL, LOCAL AND TEMPORARY LAW. FUND
36 TRANSFER. The Oil and Gas Commission, after receiving review from the Chief
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1 Fiscal Officer of the State and reporting to the Arkansas Legislative Council
2 or Joint Budget Committee, may request the Chief Fiscal Officer to transfer
3 up to $1,000,000 per year on his or her books and the books of the State
4 Treasurer and the Auditor of the State from the Oil and Gas Commission Fund
5 to the Abandoned and Orphaned Well Plugging Fund.
6 The Oil and Gas Commission may request the Chief Fiscal Officer to
7 transfer $10,000,000 in a one time, emergency transfer on his or her books
8 and the books of the State Treasurer and the Auditor of the State from the
9 Oil and Gas Commission Fund to the Abandoned and Orphaned Well Plugging Fund.
10 The provisions of this section shall be in effect only from July 1, 2022
11 2023 through June 30, 2023 2024.
12
13 SECTION 7. SPECIAL LANGUAGE. CODE AMENDMENT. Arkansas Code Title 15,
14 Chapter 71, Subchapter 101, is amended to add an additional section to read
15 as follows:
16 15-71-118. Investments.
17 (a) All funds that are held in any trust or special revenue fund
18 administered by the Oil and Gas Commission may be invested and reinvested
19 subject to the written approval of the Treasurer of State.
20 (b) All investments as authorized for use by the Treasurer of State many be
21 available for the funds held in any trust fund administered by the
22 commission.
23 (c) The movement of funds into and out of investments under this section
24 shall be by fund transfers as directed by the commission, or its designee.
25
26 SECTION 8. COMPLIANCE WITH OTHER LAWS. Disbursement of funds
27 authorized by this act shall be limited to the appropriation for such agency
28 and funds made available by law for the support of such appropriations; and
29 the restrictions of the State Procurement Law, the General Accounting and
30 Budgetary Procedures Law, the Revenue Stabilization Law, the Regular Salary
31 Procedures and Restrictions Act, or their successors, and other fiscal
32 control laws of this State, where applicable, and regulations promulgated by
33 the Department of Finance and Administration, as authorized by law, shall be
34 strictly complied with in disbursement of said funds.
35
36 SECTION 9. LEGISLATIVE INTENT. It is the intent of the General
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1 Assembly that any funds disbursed under the authority of the appropriations
2 contained in this act shall be in compliance with the stated reasons for
3 which this act was adopted, as evidenced by the Agency Requests, Executive
4 Recommendations and Legislative Recommendations contained in the budget
5 manuals prepared by the Department of Finance and Administration, letters, or
6 summarized oral testimony in the official minutes of the Arkansas Legislative
7 Council or Joint Budget Committee which relate to its passage and adoption.
8
9 SECTION 10. EMERGENCY CLAUSE. It is found and determined by the
10 General Assembly, that the Constitution of the State of Arkansas prohibits
11 the appropriation of funds for more than a one (1) year period; that the
12 effectiveness of this Act on July 1, 2023 is essential to the operation of
13 the agency for which the appropriations in this Act are provided, and that in
14 the event of an extension of the legislative session, the delay in the
15 effective date of this Act beyond July 1, 2023 could work irreparable harm
16 upon the proper administration and provision of essential governmental
17 programs. Therefore, an emergency is hereby declared to exist and this Act
18 being necessary for the immediate preservation of the public peace, health
19 and safety shall be in full force and effect from and after July 1, 2023.
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22 APPROVED: 1/30/23
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