StrickenHall languageof wouldthe beHouse deletedof fromRepresentatives and95th underlinedGeneral languageAssembly would- beRegular addedSession, to2025 presentAmendment law.Form ______________________________________________________________________ Subtitle of Senate Bill 290 TO PROHIBIT A MORATORIUM ON THE ISSUANCE OF PERMITS IN WATERSHEDS AND OTHER BODIES OF WATER.

Act______________________________________________________________________ 921Amendment ofNo. the Regular Session State of Arkansas As Engrossed:

S3/31/251 S4/2/25to H4/14/25Senate 95thBill General290 AssemblyAmend ASenate Bill Regular290 Session,as 2025engrossed SENATES4/2/25 BILL(version: 290 5 By:

Senator4/2/25 B.10:14:29 AM):

JohnsonPage By:2, line 1, delete "subsection (c)" and substitute "subsections (c) and (f)" AND Page 2, delete line 36, and substitute the following:

Representatives"moratorium, Vaught,this Paintersection 8does Fornot Ancreate Actthe Toauthority Befor Entitleda ANmoratorium. ACT TO PROHIBIT A MORATORIUM ON THE ISSUANCE OF PERMITS IN WATERSHEDS AND OTHER BODIES OF WATER;

(f) This section does not apply to a moratorium related to a watershed or other body of water instituted by rule before the effective date of this section." AND FORPage OTHER3, PURPOSES.delete lines 2 through 13, and substitute the following:

Subtitle"SECTION TO3. PROHIBIT A MORATORIUM ON THE ISSUANCE OF PERMITS IN WATERSHEDS AND OTHER BODIES OF WATER.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:

SECTION 1.

Arkansas Code § 10-3-309(f), concerning authorization for a committee or subcommittee to vote to not approve a rule under the section, is amended to add an additional subdivision to read as follows:

(5) A committee or subcommittee under this section considering a rule to institute a moratorium in a watershed or other body of water under § 15-23-107 is not required to state the grounds under subdivision (f)(1) of this section when not approving a rule.

SECTION 2.

Arkansas Code Title 15, Chapter 23, Subchapter 1, is amended to add an additional section to read as follows:

15-23-107.

Prohibition on moratorium in watersheds and other bodies of water — Definition.

(a) As used in this section, "moratorium" means a prohibition on the issuance of permits or any other limitation on agricultural production, including without limitation, livestock and poultry operations, contained animal feeding operations, and the cultivation of crops and orchards.

*CRH168* 04-14-2025 09:17:38 CRH168 As Engrossed:

S3/31/25 S4/2/25 H4/14/25 SB290 (b) Except as provided in subsections (c) and (f) of this section, a state agency, including without limitation the Department of Agriculture and the Department of Energy and Environment, shall not institute a moratorium on the issuance of permits in a watershed or other body of water.

(c)(1) In order for a state agency to institute a moratorium related to a watershed or other body of water, the state agency shall:

(A) Promulgate a rule to institute the moratorium;

(B)(i) Follow the procedure under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(ii) If the Arkansas Administrative Procedure Act, § 25-15-201 et seq., does not apply to the state agency, the state agency shall follow the law governing the adequate administrative procedures for the state agency;

and (C) Obtain review and approval of the state agency rule under § 10-3-309.

(2)(A) A moratorium reviewed and approved under subdivision (c)(1) of this section shall expire four (4) years after the effective date of the rule.

(B) A state agency that wishes to continue a moratorium shall submit the moratorium to the Legislative Council, or if the General Assembly is in session, the Joint Budget Committee, for review and approval sufficiently in advance of the expiration date described under subdivision (c)(2)(A) of this section to continue the moratorium.

(C) If the state agency fails to submit a moratorium to the Legislative Council, or if the General Assembly is in session, the Joint Budget Committee, for review and approval prior to the expiration date or if the Legislative Council, or if the General Assembly is in session, the Joint Budget Committee, does not approve the moratorium, the moratorium shall expire at the expiration date.

(d) This section does not prohibit a state agency from seeking review and approval for a proposed emergency rule under § 10-3-309 and § 25-15-204 to impose a moratorium to protect the public from imminent peril to the public health, safety, or welfare or compliance with a federal law or regulation.

(e) If a state agency does not have statutory authority to impose a moratorium, this section does not create the authority for a moratorium.

04-14-2025 09:17:38 CRH168 As Engrossed:

S3/31/25 S4/2/25 H4/14/25 SB290 (f) This section does not apply to a moratorium related to a watershed or other body of water instituted by rule before the effective date of this section.

5 SECTION 3.

5, to administer the department's authority over liquid animal waste management systems under § 15-20-102 until the department adopts final rules regarding liquid animal waste management systems.systems." *.CRH362* CRH362 - 04-09-2025 02:33:07 Page 1 of 2 AND Page 3, line 16, delete "January" and substitute "February" The Amendment was read ________________________________________________________________________________ By:

SECTIONRepresentative 4.Vaught CRH/CRH - 04-09-2025 02:33:07 _________________________ CRH362 Chief Clerk CRH362 - 04-09-2025 02:33:07 Amendment No.

DO1 NOTto CODIFY.Senate Bill 290 Page 2 of 2

Effective date.

This act shall be effective on and after February 1, 2026 .

/s/B.

Johnson APPROVED:

4/21/25 3 04-14-2025 09:17:38 CRH168