Shown verbatim: the complete text as captured from the official PDF posted by the Arkansas General Assembly, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
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1 State of Arkansas As Engrossed: H4/2/25
2 95th General Assembly
A Bill
3 Regular Session, 2025 SENATE BILL 460
4
5 By: Senator Irvin
6 By: Representative Gramlich
7
8 For An Act To Be Entitled
9 AN ACT TO MODIFY THE COMPLIANCE ADVISORY PANEL; TO
10 REPEAL THE MARKETING RECYCLABLES PROGRAM OF THE
11 COMPLIANCE ADVISORY PANEL; TO DECLARE AN EMERGENCY;
12 AND FOR OTHER PURPOSES.
13
14
15 Subtitle
16 TO MODIFY THE COMPLIANCE ADVISORY PANEL;
17 TO REPEAL THE MARKETING RECYCLABLES
18 PROGRAM OF THE COMPLIANCE ADVISORY
19 PANEL; AND TO DECLARE AN EMERGENCY.
20
21 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
22
23 SECTION 1. Arkansas Code � 8-4-314 is amended to read as follows:
24 8-4-314. Compliance Advisory Panel -- Small Business Stationary Source
25 Technical and Environmental Compliance Assistance Program -- Marketing
26 Recyclables Program.
27 (a) There is created a Compliance Advisory Panel composed of nine (9)
28 seven (7) individuals.
29 (b) The panel shall consist of:
30 (1) Two (2) members appointed by the Governor to represent the
31 general public who are not:
32 (A) Owners owners or representatives of owners of small
33 business stationary sources; or
34 (B) Owners or representatives of owners of a recycling
35 company or the marketing and recyclable community;
36 (2) Three (3) Two (2) members selected by the Speaker of the
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1 House of Representatives:
2 (A) One (1) member who is an owner who are owners or who
3 represents an owner represent owners of small business stationary sources;
4 and
5 (B) Two (2) members who are owners or representatives of a
6 small business recycling company or the marketing and recyclable community;
7 (3) Three (3) Two (2) members selected by the President Pro
8 Tempore of the Senate:
9 (A) One (1) member who is an owner who are owners or who
10 represents an owner represent owners of small business stationary sources;
11 and
12 (B) Two (2) members who are owners or representatives of a
13 small business recycling company or the marketing and recyclable community;
14 and
15 (4) One (1) member selected by the Director of the Division of
16 Environmental Quality who shall serve as a nonvoting member except when his
17 or her vote is needed to break a tie vote.
18 (c)(1) Each member shall serve a term of four (4) years.
19 (2) In the event of a vacancy in the membership of the panel
20 concerning a member selected by the General Assembly or the Governor, the
21 Governor shall appoint a person meeting the applicable eligibility
22 requirements of the vacated position to fill the vacancy for the remainder of
23 the unexpired term.
24 (3)(2) In the event of a vacancy in the membership of the panel
25 concerning the member appointed by the director, the director shall appoint a
26 person to fill the vacancy for the remainder of the unexpired term.
27 (d)(1)(A) The panel shall hold at least one (1) regular meeting each
28 calendar year quarter at a time and place determined by the panel.
29 (B) At least one (1) meeting each calendar year shall be
30 dedicated to small business stationary sources, with an emphasis on air
31 quality issues.
32 (2) Special meetings may be called at the discretion of the
33 chair.
34 (e)(1) The panel shall select a chair by a majority vote of the
35 membership.
36 (2) Each chair shall serve a term of one (1) year.
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1 (f) Five (5) Four (4) members of the panel shall constitute a quorum
2 to transact business.
3 (g) The members of the panel may receive expense reimbursement in
4 accordance with � 25-16-901 et seq.
5 (h)(1) If a vacancy occurs in an appointed position for any reason,
6 the vacancy shall be filled by appointment by the official who made the
7 appointment.
8 (2) The new appointee shall serve for the remainder of the
9 unexpired term.
10 (i) The panel shall perform the following duties for the Small
11 Business Stationary Source Technical and Environmental Compliance Assistance
12 Program:
13 (1) Render advisory opinions concerning the effectiveness of the
14 Small Business Stationary Source Technical and Environmental Compliance
15 Assistance Program program, difficulties encountered, and degree and severity
16 of enforcement;
17 (2) Make periodic reports to the Administrator of the United
18 States Environmental Protection Agency concerning the compliance of the Small
19 Business Stationary Source Technical and Environmental Compliance Assistance
20 Program program with the requirements of the Paperwork Reduction Act of 1980,
21 the Regulatory Flexibility Act, 5 U.S.C. � 601 et seq., and the Equal Access
22 to Justice Act, 5 U.S.C. � 504, 28 U.S.C. � 2412, and 42 U.S.C. � 1988;
23 (3) Review information for small business stationary sources to
24 assure such information is understandable by the layperson; and
25 (4) Have the Small Business Stationary Source Technical and
26 Environmental Compliance Assistance Program program serve as the secretariat
27 for the development and dissemination of such reports and advisory opinions.
28 (j) The panel shall perform the following duties for the Marketing
29 Recyclables Program:
30 (1) Develop a program for the coordination of all existing
31 marketing programs for recyclables;
32 (2) Work with existing industry to encourage the use of
33 recyclables in their manufacturing processes;
34 (3) Recruit new industries that use recyclables in their
35 manufacturing processes;
36 (4) Maintain current information on market prices and trends;
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1 and
2 (5) Advise and assist state and local officials in all areas of
3 recyclables marketing, including without limitation the implementation,
4 administration, and funding of the collection and recycling or collection and
5 disposal of extra-large tires as defined in � 8-9-402.
6
7 SECTION 2. Arkansas Code � 8-6-607 is amended to read as follows:
8 8-6-607. Collection of fees.
9 (a) On or before January 15, April 15, July 15, and October 15 of each
10 year, each landfill permittee and each solid waste transporter shall:
11 (1) Submit to the Division of Environmental Quality a quarterly
12 report that accurately states the total weight or volume of solid waste
13 received at the landfill or transported out of state during the quarter just
14 completed; and
15 (2) Pay to the division the full amount of disposal and
16 transportation fees imposed and collected under this subchapter for the
17 preceding quarter.
18 (b)(1) Except as provided in subdivisions (b)(2) and (3) of this
19 section, the disposal and transportation fees collected under this section
20 shall be special revenues and deposited into the State Treasury to the credit
21 of the Solid Waste Management and Recycling Fund for administrative support
22 of the Compliance Advisory Panel.
23 (2) Twenty-five percent (25%) of the disposal fees collected
24 under subsection (a) of this section from landfills in which a private
25 industry bears the expense of operating and maintaining the landfill solely
26 for the disposal of wastes generated by the private industry shall be
27 deposited quarterly into the Marketing Recyclables Program Fund Division of
28 Environmental Quality Fee Trust Fund for administrative support of the
29 Compliance Advisory Panel.
30 (3) Except for the disposal fees deposited into the Marketing
31 Recyclables Program Fund Division of Environmental Quality Fee Trust Fund
32 under subdivision (b)(2) of this section, before disbursing moneys to the
33 regional solid waste management boards, the division shall deposit the
34 following moneys into the following funds each fiscal year:
35 (A) One hundred fifty thousand dollars ($150,000) into the
36 Crime Information System Fund to be used exclusively for the scrap metal
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1 logbook program; and
2 (B) Three hundred thousand dollars ($300,000) into the
3 Arkansas Unpaved Roads Program Fund.
4
5 SECTION 3. Arkansas Code � 19-5-1011(c), concerning the Crime
6 Information System Fund, is amended to read as follows:
7 (c) Beginning July 1, 2013, excluding the disposal fees that are to be
8 deposited into the Marketing Recyclables Program Fund Division of
9 Environmental Quality Fee Trust Fund under � 8-6-607(b)(2), the first one
10 hundred fifty thousand dollars ($150,000) of fees collected each fiscal year
11 under � 8-6-607 shall be deposited into the State Treasury and credited to
12 the Crime Information System Fund to be used exclusively for the scrap metal
13 logbook program.
14
15 SECTION 4. Arkansas Code � 19-5-1137 is amended to read as follows:
16 19-5-1137. Division of Environmental Quality Fee Trust Fund.
17 (a) There is created on the books of the Treasurer of State, the
18 Auditor of State, and the Chief Fiscal Officer of the State a trust fund to
19 be known as the "Division of Environmental Quality Fee Trust Fund".
20 (b) The Division of Environmental Quality Fee Trust Fund fund shall
21 consist of those special revenues as specified in:
22 (1) Section � 19-6-301(104), there to be used to defray the
23 costs of operating the Division of Environmental Quality as set out in �� 8-
24 1-101 -- 8-1-107; and
25 (2) Section 8-6-607(b), there to be used for the administrative
26 support of the Compliance Advisory Panel.
27
28 SECTION 5. Arkansas Code � 19-6-301, concerning the enumeration of
29 special revenues, is amended to add an additional subdivision to read as
30 follows:
31 (277) Disposal and transportation fees as specified in � 8-6-
32 607(b)(1) for administrative support of the Compliance Advisory Panel.
33
34 SECTION 6. Arkansas Code � 19-6-471 is repealed.
35 19-6-471. Marketing Recyclables Program Fund.
36 The Marketing Recyclables Program Fund shall consist of those special
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1 revenues as specified in � 19-6-301(162), there to be used by the Compliance
2 Advisory Panel for the Marketing Recyclables Program for the administration
3 and performance of its duties, as administered by the Division of
4 Environmental Quality under � 8-9-201 et seq.
5
6 SECTION 7. EMERGENCY CLAUSE. It is found and determined by the
7 General Assembly of the State of Arkansas that the effectiveness of this act
8 is essential to prudent operation of the Division of Environmental Quality;
9 that delay in the effective date could work irreparable harm on the proper
10 administration of government programs; and that this act is immediately
11 necessary to ensure that the appropriate funds are available to administer
12 the government programs of the Division of Environmental Quality. Therefore,
13 an emergency is declared to exist, and this act being immediately necessary
14 for the preservation of the public peace, health, and safety shall become
15 effective on:
16 (1) The date of its approval by the Governor;
17 (2) If the bill is neither approved nor vetoed by the Governor,
18 the expiration of the period of time during which the Governor may veto the
19 bill; or
20 (3) If the bill is vetoed by the Governor and the veto is
21 overridden, the date the last house overrides the veto.
22
23 /s/Irvin
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6 04-02-2025 14:28:26 JMB236Every fact on this page links to its source, starting with the official bill record.