Title 8 — Environmental Law

(1) The General Assembly finds that:(1) In August 2016, the Argonne National Laboratory hosted a delegation from Arkansas, including staff from the Arkansas Economic Development Commission;(2) In January 2017, the Arkansas Alternative Energy Commission issued a recommendation to …

(1) The purpose of this subchapter is to authorize the Department of Energy and Environment to:(1) Protect the public health and the environmental quality of the state by identifying the applicable federal standards for:(A) Shipping spent nuclear fuel into the state and returning…

(1) The Division of Environmental Quality shall establish the Arkansas Nuclear Recycling Program to:(1) Secure a federal charter from the United States Government and receive federal funding for the program as outlined in the Acts 2021, No. 1092, report submitted to the House Com…

(a) Upon completion of the analysis of the technical and economic feasibility and commercial viability requirements in § 8-9-804, the Division of Environmental Quality shall present a report on the results of the analysis to the Legislative Council. (b) The Legislative Council sh…

(1) The University of Arkansas, with direction and assistance from the federal charter under § 8-9-804, shall:(1) Develop and implement a public outreach and education program to the sites selected within Arkansas to gather public opinion on the construction and operation of a sp…

(1) The entities under the federal charter under § 8-9-804 shall be responsible for the construction and operation of the spent nuclear fuel interim storage and recycling facility and through the use of federal funds shall:(1) Receive the design documentation completed under § 8-…

This subchapter applies only to the interim storage and recycling of spent nuclear fuel from commercial nuclear reactors, university nuclear reactors, and other research or government-operated nuclear reactors under this subchapter.

This subchapter may be cited as the “Arkansas Pollution Prevention Act”.

(a) The General Assembly finds that the timely development of a comprehensive pollution prevention and waste minimization plan for the prevention and reduction of the amount of solid, hazardous, and industrial wastes produced within the state is essential to determine the scope a…

(1) As used in this subchapter, unless the context otherwise requires:(1) “Disposal” means the discharge, deposit, injection, dumping, spilling, leakage, or placing of any waste into or on any land or water in whatever manner so that such waste or any constituent thereof might en…

(1) It is the policy of the state to adhere to the following hierarchy of waste minimization and management:(1) Reduce waste production at the source;(2) Recover and reuse resources and wastes;(3) Recycle on-site or, if this is not feasible, off-site;(4) Treat wastes to reduce vo…

(1) The Governor shall designate the state agency or agencies which shall have the following powers and duties pursuant to this subchapter to:(1) Compile, organize, and make available for distribution information on pollution prevention technologies and procedures;(2) Compile and…

(a) Alkaline manganese batteries manufactured on or after January 1, 1996, shall not be sold in this state if the alkaline manganese battery contains any intentionally introduced mercury, as distinguished from mercury which may be incidentally present in other materials, except, …

(a) (1) Due to the noise, air pollution, and traffic congestion caused by motor vehicle racing facilities, no motor vehicle racing facility may be constructed in this state after passage of this act without the consent of at least seventy-five percent (75%) of the property owners…

(a) (1) (A) Due to the noise pollution and air pollution from the racing vehicles and traffic congestion caused by motor vehicle racing facilities, no motor vehicle racing facility shall be constructed in this state after passage of this section without the consent of at least se…

(a) Sections 8-10-302 and 8-10-303 do not apply to any motor vehicle racing facilities located in a county having a population between eighty thousand (80,000) and ninety thousand (90,000) according to the 1990 Federal Decennial Census and that are:(1) South of a navigable waterw…

(a) As used in this section, “motor vehicle racing facility” means any facility designed and used for competitive racing by automobiles or trucks that are modified for racing. (b) Sections 8-10-302 — 8-10-304 do not apply to a new motor vehicle racing facility constructed and ini…

This subchapter shall be known and may be cited as the “Public Surface Water Supply Protection Act”.

(a) The General Assembly finds that:(1) Clean water resources are essential to being able to effectively provide economic opportunities in the state; and(2) Protecting the water resources of the state will improve Arkansas's ability to promote the abundant assets of the state as …

(1) As used in this subchapter:(1) “Petroleum” means crude oil, gasoline, or any other nonvaporous petroleum product carried in a pipeline that crosses into the watershed of a public surface water supply;(2) (A) “Public surface water supply” means a body of water, including witho…

(1) For each petroleum pipeline that crosses a watercourse that empties into a public surface water supply above ground or below ground, the owner or operator of the petroleum pipeline is encouraged to:(1) Install a cut-off valve capable of:(A) Automatically sensing a loss of pet…

(a) An owner or operator of a petroleum pipeline is encouraged to create a detailed risk mitigation and response plan for each petroleum pipeline in the watershed of a public surface water supply. (b) An effective risk mitigation and response plan under subsection (a) of this sec…

This chapter may be known and may be cited as the “Arkansas Environmental Regulatory Flexibility Act”.

(a) The improvement of the environment of the State of Arkansas is a matter of concern to all citizens of this state, and existing environmental law plays a critical role in protecting the environment. (b) Environmental protection could be enhanced by authorizing innovative advan…

(a) (1) The Division of Environmental Quality, by order of the Director of the Division of Environmental Quality consistent with the purposes of this chapter, may approve requests which allow an applicant to use alternative methods to comply with an Arkansas Pollution Control and…

This chapter may be known and may be cited as the “Natural Resources Damages Trust Fund Act”.

(1) As used in this chapter, unless the context otherwise requires:(1) “Board” means the Natural Resources Damages Advisory Board;(2) “Fund” means the Natural Resources Damages Trust Fund created by this chapter; and(3) “Natural resources” means land, fish, wildlife, biota, air, …

(a) (1) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a trust fund to be known as the “Natural Resources Damages Trust Fund”.(2) In addition to all moneys appropriated by the General Assembly to the fu…

(a) There is hereby created and established a Natural Resources Damages Advisory Board. (b) The board shall be composed of seven (7) members:(1) One (1) member shall be a representative from the Arkansas Farm Bureau Federation;(2) One (1) member shall be a representative from the…

(a) The Department of Finance and Administration shall administer the Natural Resources Damages Trust Fund, as authorized by the Natural Resources Damages Advisory Board. (b) The department shall undertake the following activities, as authorized by the board:(1) Develop and issue…

(1) It is recognized that:(1) The improvement of the environment and the management of environmental concerns within the State of Arkansas are matters of interest to all citizens of this state;(2) Environmental protection and improvement could be enhanced by authorizing the Direc…

(a) The Director of the Division of Environmental Quality, with the advice and consent of the Secretary of the Department of Energy and Environment, may establish any number of divisions, offices, or units for the conduct of environmental affairs of the state and may prescribe th…

(a) Any reorganization of the functions and duties for the conduct of environmental affairs through the provisions of this chapter shall be based on a comprehensive analysis of the existing operations of the Division of Environmental Quality and the development of a ten-year stra…

This chapter shall be known and may be cited as the “Shielded Outdoor Lighting Act”.

The purpose of this chapter is to conserve energy and preserve the environment through the regulation of outdoor lighting fixtures.

(1) As used in this chapter:(1) “Outdoor lighting fixture” means an automatically controlled, outdoor artificial illuminating device, whether permanent or portable, used for illumination or advertisement, including searchlights, spotlights, and floodlights, whether for architectu…

(a) (1) (A) No public funds shall be used to install an outdoor lighting fixture unless it is shielded.(B) Subdivision (a)(1)(A) of this section does not apply to any municipality or county if the governing body of the municipality or county determines by ordinance or to a munici…

(1) Violations of this chapter are punishable by:(1) A warning for a first offense; and(2) A fine of twenty-five dollars ($25.00) minus the replacement cost for each offending outdoor lighting fixture for a second or subsequent offense or for an offense that continues for thirty …

This chapter may be enforced by a town, city, or county of this state by seeking injunctive relief in a court of competent jurisdiction.

The provisions of this chapter are cumulative and supplemental and shall not apply within a town, city, or county of this state that by ordinance has adopted provisions restricting light pollution that are equal to or more stringent than the provisions of this chapter.

This chapter shall be known and may be cited as the “Property Assessed Capital Expenditure Act”.

(1) As used in this chapter:(1) “Bond” means a revenue bond or note issued under this chapter;(2) “Capital provider” means an entity or entities, including without limitation a designee, a successor, or an assignee of the entity or entities, that is authorized to finance or refin…

(1) The General Assembly finds that:(1) It is in the best interest of the state to authorize districts or capital providers that make available to citizens one (1) or more financing programs, including without limitation a PACE program, to fund qualifying improvements to eligible…

(a) The powers and duties of a district or governmental entity conferred by this chapter are public and governmental functions exercised for a public purpose and for matters of public necessity. (b) The district or governmental entity and its personnel are immune from suit in tor…

(a) A governmental entity legally authorized to issue general revenue bonds may create a district by adoption of an ordinance. (b) A combination of governmental entities may create a district by each governmental entity:(1) Adopting an ordinance that provides for the governmental…

(a) To become a member of an existing district, the governing body of a governmental entity shall:(1) Adopt an ordinance that provides for the participation of the governmental entity in the district; and(2) Enter into an agreement with the other participating members of the dist…

(a) A district created under this chapter shall be operated and controlled by a board of directors. (b) The board of directors shall manage and control each district, including without limitation the operations, business, and affairs of the district. (c) The board of directors sh…

(a) The board of directors of a district shall consist of at least seven (7) directors. (b) The board of directors shall include:(1) For a statewide district, the members specified in the agreement establishing the district;(2) For a district composed of a combination of one (1) …

(a) A director who is a public official may serve on the board of directors of a district during his or her term of office as the county judge or mayor of a member of the district. (b) A director who is the designated representative of the mayor or county judge of the city or cou…

(a) The board of directors of a district shall hold quarterly meetings and special meetings, as needed, in a courthouse or other location within the district. (b) The time and place of the quarterly meetings shall be on file in the office of the district board of directors.