March 28, 2023
By:
Walter G. Wright
Category:
Arkansas Environmental, Energy, and Water Law
Arkansas Environmental, Energy, and Water Law
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Senate Bill (“SB467”) was introduced proposing to amend the membership of the Arkansas Pollution Control & Ecology Commission (“Commission”).
The bill was introduced by Senator Irvin.
The Commission was established in 1949 as the governing structure of that is now known as the Arkansas Department of Energy & Environment Division of Environmental Quality (“DEQ”). See 1949 Ark. Act 472 (codified at Ark. Code Ann. §§ 8-4-101 et seq. It was established pursuant to the Arkansas Water Pollution Control Act. The Commission was reorganized in 1991 and through the state government transformation in 2019. It is generally considered the primary environmental policy-making body for the State of Arkansas.
Arkansas law currently requires that the Commission be comprised of 15 members. Eight of those members are appointed by the Governor. Seven serve as representing certain state agencies.
The state agencies include:
- Arkansas Department of Health
- Arkansas Game and Fish Commission
- Arkansas Forestry Commission
- Arkansas Natural Resources Commission
- Arkansas Oil and Gas Commission
- Arkansas Department of Agriculture
- Arkansas Geology Commission
The eight other members represent each of the four Congressional Districts.
SB467 would amend Ark. Code Ann. § 8-4-104(b) and change the Commission membership from 15 to 7 members. Further, the Governor would be tasked to appoint four members as opposed to the current eight. In addition, the following agencies would no longer provide Commission members:
- Arkansas Oil and Gas Commission
- Arkansas Natural Resources Commission
- Arkansas Geology Commission
- Arkansas Forestry Commission
SB467 has been referred to the Senate Public Health, Welfare, and Labor Committee.
A copy of SB467 can be downloaded here.
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