ArkansasSB4212025 Regular SessionSenate

TO AUTHORIZE THE ARKANSAS NATURAL RESOURCES COMMISSION TO ISSUE GENERAL OBLIGATION BONDS FOR THE DEVELOPMENT OF WATER, WASTE DISPOSAL, AND POLLUTION ABATEMENT PROJECTS.

Sponsored By: Howard M. Beaty, Jr. (Republican), Bart Hester (Republican)

Enacted

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 4 benefits, 2 costs, 0 mixed.

More financing options for local water projects

The Commission can use bond money or project revenue for local project loans, grants, and matching funds. It can buy local bonds or notes and refinance Commission loans or local debt used to develop eligible projects. Local entities can lend funds to others, and written procedures can establish revolving funds and other financing arrangements. Local entities managing funds containing bond proceeds must have arrangements requiring audits at least annually. The Commission can also require audits of funded project accounts covering construction, operation, or maintenance.

Voters decide Arkansas water project borrowing

The Arkansas Natural Resources Commission can issue up to $500 million in state bonds for water and environmental projects. This includes up to $165 million for irrigation facilities. Voters must approve borrowing at the 2026 general election or an earlier special election called by the Governor. A majority vote against borrowing ends this authority. Borrowing is capped at $60 million per two-year period beginning July 1 of odd-numbered years, unless lawmakers authorize more. Starting July 1, 2027, each period requires a written project plan and the Governor’s approval by proclamation. The Governor reviews state budget hardship with the Chief Fiscal Officer and gets required legislative advice. Bonds that replace outstanding bonds under this law or the prior act are exempt from these plan and approval requirements. Replacement principal does not count toward the $500 million and $60 million caps up to the outstanding principal replaced. Replacement bonds keep the same payment priority; rights under this law begin only after the first series is sold and delivered.

State revenue pays water bonds first

Arkansas pledges its full faith and credit to repay these bonds while they remain outstanding. The Treasurer must transfer money monthly from the State Apportionment Fund to the dedicated bond fund. These debt payments have first claim on state general revenues, with equal priority to other state general obligation bonds. This commits state revenue to repayment before other spending uses.

Water bond investors get tax protections

These bonds and their interest are exempt from Arkansas state, county, and city income, inheritance, and property taxes. Banks, insurers, fiduciary funds, trusts, and public funds can legally invest in them. The bonds can also secure deposits of public money. The law creates a contract with registered bond owners that the state cannot impair. Bondholders and taxpayers can ask courts to stop violations, prevent or reverse diversion of pledged money, and enforce state promises.

Arkansas gains water service and land powers

The Commission can develop, operate, and maintain projects and acquire, store, treat, transport, distribute, sell, or provide water. It can help local entities prepare sites to use its water and build project property there. It can use watercourse beds and tax-forfeited land owned or held by the state or local governments. Watercourse-bed use cannot harm existing shoreline-owner rights, highway rights, rights-of-way, easements, or similar property rights. These powers do not guarantee service to any household or set household prices.

Commission can charge water borrowers and users

The Commission can set and collect rates, fees, rents, and other charges for loans and loan commitments. Charges can also cover accounting, loan servicing, and use of Commission property or services. The Arkansas Public Service Commission does not control these charges. The law sets no charge amounts and does not directly require households to pay.

Sponsors & Cosponsors

Sponsors

  • Howard M. Beaty, Jr.

    Republican • House

  • Bart Hester

    Republican • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 110 • No: 6

House vote • 4/7/2025

House Vote - Monday, April 7, 2025 8:21:06 PM

Yes: 86 • No: 3 • Other: 5

Senate vote • 3/19/2025

Senate Vote - Wednesday, March 19, 2025 3:35:15 PM

Yes: 24 • No: 3 • Other: 3

Actions Timeline

  1. Notification that SB421 is now Act 578

    4/14/2025Senate
  2. DELIVERED TO GOVERNOR.

    4/9/2025Senate
  3. Reported correctly enrolled and ordered delivered to the Governor.

    4/9/2025Senate
  4. ORDERED ENROLLED

    4/8/2025Senate
  5. Returned from the House as passed.

    4/8/2025Senate
  6. Returned to the Senate as passed.

    4/8/2025House
  7. Read the third time and passed and ordered transmitted to the Senate.

    4/7/2025House
  8. Returned by the Committee Do Pass

    4/2/2025House
  9. Read the first time, rules suspended, read the second time and referred to the Committee on AGRICULTURE, FORESTRY & ECONOMIC DEVELOPMENT- HOUSE

    3/19/2025House
  10. RECEIVED FROM THE SENATE

    3/19/2025House
  11. Ordered immediately transmitted to the House.

    3/19/2025Senate
  12. Read the third time and passed.

    3/19/2025Senate
  13. Returned by the Committee, with the recommendation that it Do Pass

    3/18/2025Senate
  14. Read first time, rules suspended, read second time, referred to AGRICULTURE, FORESTRY & ECONOMIC DEVELOPMENT - SENATE

    3/11/2025Senate
  15. Filed

    3/11/2025Senate

Bill Text

  • SB421 - Introduced

    3/11/2025

  • Act Version

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