Struck = removed from the bill ·
added = the amendment's new text.
StrickenARKANSAS languageSENATE would94th beGeneral deletedAssembly from- andRegular underlinedSession, language2023 wouldAmendment beForm added______________________________________________________________________ toSubtitle presentof law.House Bill No.
Act1799 851TO ofCREATE theTHE RegularARKANSAS SessionDATA StateCENTERS ofACT ArkansasOF As2023; Engrossed:
S4/6/23 94th General Assembly A Bill Regular Session, 2023 HOUSE BILL 1799 5 By:
Representative McClure By:
Senator J.
Bryant 8 For An Act To Be Entitled AN ACT TO CREATE THE ARKANSAS DATA CENTERS ACT OF 2023;
TO CLARIFY THE REGULATION OF THE DIGITAL ASSET MINING BUSINESS;
AND FOR OTHER PURPOSES.
Subtitle TO CREATE THE ARKANSAS DATA CENTERS ACT OF 2023;
BE______________________________________________________________________ ITAmendment ENACTEDNo. BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
SECTION1 1.to House Bill 1799 Amend House Bill No.
Arkansas1799 Code Title 14, Chapter 1, is amended to add an additional subchapter to read as follows:originally introduced:
SubchapterPage 53, —delete Arkansaslines Data17 Centersand Act18, ofand 2023substitute 14-1-501.the following:
Title."(2) Any ordinance concerning operations and safety;
This subchapter shall be known and may be cited as the "Arkansas Data Centers Act of 2023".
14-1-502.
Legislative findings and intent.
(a) The General Assembly finds that:
(1) The data centers industry began its modern version in the 1980s, and the industry has seen accelerated growth since 2008;
(2) Data centers have seen global growth with the expansion of bandwidth, the need for analytical data research, and digital currency;
*ANS305* 04-06-2023 17:41:50 ANS305 As Engrossed:
S4/6/23 HB1799 (3) Data centers, digital currency, and blockchain technology are legal in all fifty (50) states;
and (4) Guidance for future industry growth is needed in Arkansas to protect Arkansans from fraudulent business practices.
(b) Through the enactment of this subchapter, the General Assembly intends to:
(1) Recognize that data centers create jobs, pay taxes, and provide general economic value to local communities and this state;
and (2) Clarify the guidelines needed to protect data asset miners from discriminatory industry specific regulations and taxes.
14-1-503.
Definitions.
As used in this subchapter:
(1) "Blockchain network" means a group of computers operating and processing together to execute a consensus mechanism to agree upon and verify data in a digital record;
(2) "Digital asset" means cryptocurrency, virtual currency, and natively electronic assets, including without limitation stable coins, nonfungible tokens, and other digital-only assets, that confer economic, proprietary, or access rights or powers;
(3) "Digital asset miner" is an individual who mines for digital assets;
(4) "Digital asset mining" means use of electricity to power a computer for the purpose of securing or validating a blockchain network;
(5) "Digital asset mining business" means a group of computers working at a single site that consumes more than one megawatt (1 MW) on an average annual basis for the purpose of generating digital assets by securing a blockchain network;
(6) "Home digital asset mining" means mining digital assets in areas zoned for residential use;
(7) "Legislative body" means the quorum court of a county or the city council, board of directors, board of commissioners, or similar elected governing body of local government;
(8) "Local government" means a county, a city of the first class, a city of the second class, or an incorporated town;
(9)(A) "Node" means a computational device that contains a copy 04-06-2023 17:41:50 ANS305 As Engrossed:
S4/6/23 HB1799 of blockchain-distributed ledger technology.
(B) "Node" includes a series;
(10) "Ordinance" means an ordinance, resolution, or other appropriate legislative enactment of a legislative body that:
(A) Prohibits an individual from operating a business from a residence;
or (B) Requires an individual to obtain approval before operating a business from a residence;
(11) "Person" means an individual or legal entity;
and (12) "Residence" means a permanent dwelling place, unit, or accessory structure.
14-1-504.
Digital asset mining.
(a) A digital asset mining business may operate in this state if the digital asset mining business complies with:
(1) State law concerning business guidelines and tax policies;
(2) Any ordinance concerning operations and safety;
and (4) State and federal employment laws.laws." AND Page 3, delete line 25, and substitute the following:
(b)"operating Ahome digital asset minermining shall:at the individual's residence according to applicable utility rules and rates." AND Page 3, line 27, delete "use." and substitute "use that has not been designated by the local government for other uses." AND Page 3, delete line 34, and substitute the following:
(1)"(a) PayExcept applicableas taxesprovided andby subsection (d) of this section, a local government feesshall innot:" acceptableAND formsPage of4, currency;delete line 15, and substitute the following:
and"unreasonably (2)discriminatory Operaterate infor a mannerdigital thatasset causesmining nobusiness stresscustomer. on an electric public utility's generation capabilities or transmission network.
(c)(d) AnThe individualprohibitions mayunder utilizesubsection a(a) nodeof in this statesection do not apply to any rule or rate for theutility purposeservice provided by or on behalf of operatinga homepublic digitalentity." asset*.ANS431* miningANS431 at- the04-05-2023 individual's21:40:33 residencePage according1 toof applicable2 utilityThe Amendment was read the first time, rules suspended and rates.read the second time and _______________________ By:
(d)Senator AJ. person may have a digital asset mining business in an area that is zoned for industrial use that has not been designated by the local government for other uses.
(e)Bryant AANS/ANS person- that04-05-2023 is21:40:33 engaged_________________________ inANS431 homeSecretary digitalANS431 asset- mining04-05-2023 or21:40:33 thatAmendment hasNo. a digital asset mining business shall not be considered a money transmitter under the Uniform Money Services Act, § 23-55-101 et seq.
14-1-505.1 to House Bill 1799 Page 2 of 2
Discrimination against digital asset mining business 04-06-2023 17:41:50 ANS305 As Engrossed:
S4/6/23 HB1799 prohibited.
(a) Except as provided by subsection (d) of this section, a local government shall not:
(1) Enact or adopt an ordinance, policy, or action that limits the sound decibels generated from home digital asset mining other than the limits set for sound pollution generally;
(2) Impose a different requirement for a digital asset mining business than is applicable to any requirement for a data center;
(3) Rezone an area in which a digital asset mining business is located without complying with applicable state law and local zoning ordinances;
or (4) Rezone an area with the intent or effect of discriminating against a digital asset mining business.
(b) A digital asset mining business may appeal a change in zoning of an area by a local government under any applicable state law or local zoning ordinance.
(c) If consistent with applicable state and federal statutes, orders, rules, and regulations, including without limitation § 23-3-114 and § 23-4- 103, the Arkansas Public Service Commission shall not establish an unreasonably discriminatory rate for a digital asset mining business customer.
(d) The prohibitions under subsection (a) of this section do not apply to any rule or rate for utility service provided by or on behalf of a public entity.
/s/McClure APPROVED:
4/13/23 4 04-06-2023 17:41:50 ANS305