Agriculture, Forestry & Economic Development - Senate and House

First order a business I need emotion to. Prove the minutes. Second. Motion prove motion made and second at all in favor i'll oppose. Yeah. Alright I want to I want to thank everyone for coming we're going to hear some interest studies this morning i'm sure you all know what i'm going to tell you anyway these are just for information sake this is a studies and they probably will be back next session in a form of legislation if they find that they have flags and they have merit. So today we're just going to hear these interesting ideas and. Go from there. All right we'll go ahead and get started the first one is. A representative denise in it. And when you get seated if you introduce yourselves for the record. Good morning how are you doing I am stay representative denise in it I represent district eighty percent of money rock and parts of debt sorry parcel rock and parcel blasket county. Today I have with me county attorney mister fogerman I have attorney chris madison and I have fire chief steel and we're going to talk about fire protection districts. About a year ago county attorney my neighbor he asked me to look into this on problem we have fired districts here protects fire protection districts here in arkansas and sometimes is the boundaries change the need to change the boundaries or there and so this interim study is addressing that issue this is not a plaskic county issue this happens throughout the state of arkansas and also. There are some areas there aren't protecteds of this this study. Potentially hopefully your bill was addressed that and give om the department of agriculture i'll ability to redraw the districts that are set alright okay and i'm going to defer to my expert panel here questions thank you. Did he the view gentleman have anything you'd like to add to this because we're not going to open it up for questions a you will be around after the meeting if anybody wants to talk to you were you know. Thank you mister chair thank you committee and and thank you representative in it my name is adam folkman on the plastic county attorney the the the bell very very briefly it it sets out three circumstances where boundary lines of existing fire districts could be changed all with the oversight of the department of agriculture and the county judge through the county court the first would you pull your mike just a little closer yes or notorious for being soft spoken to all of the better the the the first incident is already addressed in the law and that's where boundaries of far districts inadvertently overlap as as you all know fire districts are often created by petition or or by more nets and and so the the it just happened sometimes where were fire district boundaries over laugh and there needs to be clarification as to where that boundary is the second incident is sometimes we're a municipal boundary moves and it may create a no man's land where an area that's populated but doesn't have any any far protection service and as outside in adjoining far protection district and also outside of city and in the third is municipal boundaries change and in some times that creates divisions where you'll have a piece of a fire protection district that's cut off by municipal growth from the rest of its district in sometimes it may just make sense to change the boundary and let an adjoining district take over those responsibilities and and i'll pass it on to mr maps. Good morning mr chairman is chris madison and I represent the arch street fire department and what really brought this issue to light was what we call the no man's land there are pockets I think it's seventy six residents structures that exist outside of our boundary but are also outside the city of little rock city a little rock will not respond to those because it's outside of their municipal boundary. While under ours as a fire protection structure suburban proven district we can't provide services outside of our district without running into some issues because we charge fees for our service you pay a yearly fee and so we have these areas that were having to respond to through the county dispatching as to but they're not part of our district and the current wall the way we would adjust that is distalled or district and create a new district that includes that little bit of territory well that's impractical because we're a large district initiatives in practical so what we're looking at is trying to source what brought this issue together with me start talking as folderman is how do we fix the no man land in this space so that we can either include it into our district through an administrative process with due process to the residents there so that we can collect fees on it and provide services to them and that's really what it balls down to because you don't want to be frightening services to wine and then across the street they're getting charged fee for the same services and then as we were talking about the as mr phone was talking about the overlapping that can be arranged through agreement more or less but this law address is that and then lastly as cities grow you do have the split where you have a city will annex you know the commercial court or portion and now the fire district has places on both sides of it so they have to run basically through the county though the city over to the other side of the county and what this is trying to do is create tools so that we can solve some of these geographic problems in a sign fire protection services that makes the most sense to the different residents is based on changing and with that I will. Stop talking. I don't everything that just thank you for your time sorry I like that there's a guy that knows what he's got to say you're at you alright we'll thank you all for coming representative in it like I said we'll be available after the meeting if you have any more you'd like to ask her and if you want to see this in its entire day you could look up isp twenty twenty three zero zero nine. Okay thank you offer coming. The next one up is representative rick back. Good morning. I'm right back set representative district forty three. Your recognition. Yeah. That this would be brief. But basically this that the isp is to amend the law regarding oil and gas production and conservation and to mental all regarding the allocation of production costs following the integration order and to define proceeds. That's that's certainly a mouthful in individuals with you that's just a fancy way of saying. What should be the expenses that to be considered when you're determining the net cost of gas production as it applies to the mineral rights on that basically what we're talking about here. Since we had this in committee last we do intended to draft a new bill but but since we had incoming latter has been some legal action on this in the courts that should help I think will help us go forward since two thousand and nineteen the arkansas will and gas commission has been in the courts trying to determine this very topic. For integrated wells it has been appealed to multiple courts all the way to the arkansas state supreme court. And in two thousand twenty four the architect states supreme court upheld an earlier circuit court ruling concerning these costs expenses for integrated mineral rights owner so they basically. Upheld the the earlier courts decision that they I don't know the legal terms with the they didn't hear it therefore upholding the earlier courts decision so as a mentioned earlier as of today I do not have we do not have any new bill drafted our plans going forward is discusses with all parties trying to get everybody's input on this and basically we're going to build up around two topics that the first time is is how to best incorporate the course decision concerning net costs for integrated meno rights owners into law for all mineral rights owners so basically. Using the definition that has come out of that and saying that's what's going to be for all miller rights on her unless it's spades stated differently in the lace. And then the other one is there's also an issue that is related to. Some interference between the statute and some of the existing laces out there right now and to maybe change the statute till to prevent that interference so that a middle right owner could be paid exactly what the least the recorded lay says that they should be out. Are ordered this can be a large group of people so we're going maybe try to work with a larger group but that's probably not gonna be practical so a lot of discount in discussion where we're produced with some smaller groups maybe some smaller groups on develops their best idea for the changes to the statute then we'd merge all those together into the bill that you guys should see later and you're all invited by the way I center davis now are putting this together and we are interested in you guys are interested in being part of attained the help sky look at the staff and get bothered we would love to have you as far as that team if you're contact either center does or a. We'll put you on a list and keep you in phone. Thank you representative back in a that was amazingly brief for you thank you i'll take as a company if you want to read that in with more detail you could look up isp twenty twenty three zero three zero and represent back has a previous engagement that he has to get to but senator davis will be available for questions. The. All right the next one up is representative tipping mccollar. Identify yourself please. Good morning representative to be macolar district seventy four little rock. Pushed catty web number of the low right city council you're recognized. I'm also want to say we have an audience today two other advocates for food deserts which is our topic today these are rich rory roy from citizens' first congress and still be a blame who's the need new ceo of the arkansas hunger relief alliance I want to thank them for their presence here today and for helping work against food and security and and all its forms also want to thank vasmere kathy web that's here with this today who's a form former member of this body who many of you know from all of her work on on hunger issues and particularly are topic today on the deserts and thank you for that opportunity to be here today to discuss HB sixteen forty five known as the healthy food retail act in january of twenty twenty two I had the opportunity to visit with the governor as a hutchinson and little rock vast mayor cathy web about several issues relating to food and security one topic we discussed was a decreasing number of grocery stores across arkansas in both rural and urban areas this creates what some would call food deserts which is defined by any ecac foundation as geographic areas where residents have few to no convenient options for securing affordable and healthy foods especially fresh fruits and vegetables a working group was formed to address this issue resulting in a comprehensive report being delivered in december twenty twenty two on ways to address this issue based on recommendations from the report from rich roy from citizen's first congress this bill was filed in last regular session. Sections a and b address important background information is to this bills needed the lack of access to affordable healthy food contributes to many day at related diseases including several in which arkansas ranks very high when compared to other states arkansas ranks among the time were states and percentage of residents struggling with diabetes cancer cardiovascular disease and blood pressure also arkansas ranks among the worst in obesity exacerbating the risk of developing the previously mentioned diet related diseases. From national data we know the convenient access to affordable healthy food is one strategy to fighting the abc epidemic and improving health we also know that access is very important to communities without it. As grocery store service gathering places economic drivers and more and we know that because the margins for profitability for grocery stores are low traditional brick and mortar stores are difficult to operate in areas where are population is shrinking a variety of options are needed to assist communities with increasing access in ways that make most sense to them options covered in the remainder of the bill or similar to those past and other states as well as recommendations from the working group funding would include grants and loans the working group studied successful models from across the country primarily the south and noted that most successful projects included both private and public funding. Projects when would include grocery stores farmers markets as well as model studied by the working group which included online ordering and delivering to a central hub. Mobile grocery stores and transportation to stores or farmers markets almost every county in arkansas has at least some areas if not the majority of the county that are low income low access areas. The healthy food retailer program would be managed by the arkansas economic development condition commission. Along with public and private partners however aedc could choose a non profit or a community development financial institution to administer the program. Administration could include raising matching funds evaluating applicants underwriting loans monitoring compliance and more. There are financial institutions with broad experience and supporting such programs. Hope help enterprise corporation is one such entity and was involved in funding multiple projects across the south the working group study. The program would work with other non profit organizations and into entities such as cooperative extension of the arkansas hunger relief alliance to offer nutrition education to residents. That education could take a variety of forms from the availability of low cost. Healthy recipes to cooking demonstrations to cooking classes to tours of stores or farmers markets that help people learn how to shop these educational programs are not new but would be an important part of the healthy food retailer program. Applicants would be able to receive one time money for a variety of projects which could include construction of a grocery store renovation step great availability and quality of the stores offerings. New farmers markets mobile markets delivery options or other models is determined by the healthy food retailer program. The bill is the specific ways in which the money could be used as well as noting that restaurants would not be eligible. It details who could apply from a private entity organized and a variety of ways so proprietorship lc etc a non profit group or municipal entity which is in line with successful model studied by the working group. The remainder of the bill describes monitoring of the program including accountability mechanisms as well as reporting to the general assembly. It is important to note that the bill is clear saying to the extent that funds are available this bill creates the mechanisms for a program to address food deserts in our state it specifies that adc will house the program though it can be administered by an outside entity it does not allocate specific dollars which could be done by the general assembly through a revolving loan program through application for federal grants including several programs available through the us department of agriculture rainy day funds or other sources creating this program is an important first step and it's not without precedent this is an important issue without a one size fits all answer as shown in this bill i'm happy to arrange additional forums to delve into opportunities that we seem come to for issue and other states would love to talk to all of you about any food desert you have in your districts would love any any help from any of you i'm making an appointment with adc to talk about ways to make the bill better also if you want to access this food desert working group report and like if you would like to look at it you can go to a AR hunger alliance dot org the hunger relief alliance site to find this working group report and I would say thank you for the discussion opportunity today and and look forward to more conversations with you all and also wanted to give vast mayor web opportunity she wanted to add anything. Just thank you mr chair and just one quick moment we have communities who have money and we have communities who don't have money who are working on this project and one example of the community that set aside money as little rock we put a million dollars in the budget this year and we have a proposal this out right now for bids to launch a mobile grocery store and when that is ready to roll I will let representative mccall and know so you all can be invited and come to the opening of that thank you. All right thank you and again if you have any questions they will be here and available for questions at the end. And if you want to read this in its entirety it is isp twenty twenty three zero three five thank you. Okay next up is representative camera and cooper. Good morning colleagues records representative of camera cooper district fifty seven it's part of what county part of fault or county part alone out county. So if you will pull out exhibit c four. This is my interim study it's one page. It strucks out one line of code that's the kind of bill that I like in many of you like a very short bill. It reduces a regulation that's something that's very important to me. It's about food freedom it's about individual liberty and personal responsibility. At twelve o nine of twenty thirteen updated arkansas raw milk law. Specifying a producer could sell up to five hundred gallons of raw cow sheep or goat milk. But these sales are limited to occurring directly on the farm. This provision liberty sales to the farm hampers of the ability for consumers to easily access raw milk. And limits food freedom. A lot of times we see. State government in different bureaucracies within state government being what I would call a regulatory busy body. Like I said this bills about individuals liberty and personal responsibility we can decide what we want to consume. I wasn't around here in twenty thirteen I don't know if any of us were but from what I understand the health department was involved with this bill and that's what limited the sales. To be only on the form. Like I said this hampers the ability for consumers to access raw milk. Some doctors actually encourage some children and some people to have raw milk in if there's not a raw milk producer near the person that needs that raw milk and they don't have access to it. So about eliminating the requirement to the sale must occur on the farm this will give the ability for armout to be sold it farmer's markets. It would open up the possibility for rarm melt to be delivered to the consumer. If i've looked at what some other states do end why homing in north dakota or two great examples. Basically they allow raw milk to be sold it any location. Where the producer and the consumer wish to do business so this is the ultimate. A ability to have that that personal freedom to do business with who you want to do business with. And where you want to do it. So i'm not looking to add any further regulation to this law the only change I would like to make is to. Strike the requirement that the milk be sold at the form like I said that would open up to optimity for milk to be sold at farmers markets to be delivered or in rural district like mine when you do business to somebody you meet at the nearest dollar general store that's halfway between you. So you could you could meet somewhere and deliver that milk and. You know that you'll look at the cdc website and it will talk about how raw milk you know is a potential for food born illness will every time you go out to eat at a restaurant you're assuming the risk of a food born illness I mean that that could occur at any time. So you're you assume that that liability also in. In the arkansas raw milk law that code is twenty fifty nine to forty eight. Twenty fifty nine to forty eight if you're interested in looking at that at some point. A container of raw mail cast to have this. Disclaimer a label of with his disclaimer attached to it this product sold for personal use and not for resale its fresh hole milk that is not been pastorized. Either this farm nor the milk sold by this farm has been inspected by the state of arkansas the consumer assumes all liability for health issues that may result from the consumption of this product. And I think that it's good that that disclaimer is attached to the container of milk we need to keep the. But that just. Uh makes my point that this is a a personal responsibility issue you assume the liability of consuming that milk doesn't matter if you bought it the person's farm if you bought it a farmer's market or if they deliver that milk to you so i'd be glad to work with all of you on this that love to have the whole committee is cosponsors on this bill I do plan on following this when we go into session in january. That's all I have. Thank you representative cooper. And that that is. If you want a more information isp twenty twenty three zero five two. Now i'll I will say this again these were all interest studies all of these have merit they are worthy of study and we may see some of in the form of legislation next legislative session. But what I need right now I need a motion to adopt. The. Okay I see emotional as. A second old favor. All right the motion has passed all right moving on down to d we have a director of patrick fisk from the light lifestock poultry. Lifestock and poultry division of the act department and he's going to talk about radio frequent cides tech iraq's I believe electric ear tags. I just can't already wait. Thank you patrick first off the part of our culture this austin from a new rule from usd just a little closer this all stand from a new rule from usda. All november by january ninth two thousand thirteen used to department of agriculture published a final rule see nancy for or the code of fellow regulations part eighty six and the title that was disease our traceability for last dark moving interest date. The rule established requirements for the official identification of law stock and the documentation of certain cattle moving interstate. January of this previous year twenty twenty three yesterday published a proposed change in the rule of part eighty six that would discontinue the use of a certain individual tag which is a metal tag. That how it was previously an official unification required for cattle moving interstate and that was more specifically that replaced by the oraf id or now the terminology is eid. This is four certain bow van of a certain age moving only interstate not interesting the rule became final in april twenty twenty four and established november fifth as the implementation date. So anyone can use tags those middle tags but nearly ends or ours inspectors or producers up until november fifth. The purpose of the federal rule is to enhance animal disease traceability to help it insure a rapid response when a disease event happens they adt rule applies to the interstate movement of mobile eighteen months or older. With the exception of their cattle derry cattle of all ages or required to get a tag would I have a tag there so the point were cultive rule in this is to provide free tags to the production we've been collecting tag since for the last four or five years through a program through usda in those tags or free and we've been providing those to the producer. The producer can't also purchase those tags on their own through a private vendor if they do so they just the requirement would be obtained a prem or premise addi from our office was tags and we are from two to three dollars. But we provide those for for free. In addition to providing that free tag service are inspectors go to producers and show him how installable show him what the requirements are in help them with any programs that they have we have the readers of the electronic reader will provide that to the producer if he choose to sell so he can use those until he can purchase one on his own and they can use that one and electronic tag as a management tool it actually communicates with a scale or scale and they can look for. The changes in white game positive negative they can look at the speed conversions it's also used as a management tool for the producer features as a do so if they do not choose to provide that or a set to haggle the animals we have the availability at the market so if they sale cattle in a love market the potential for that car to move cost state lines so we do have inspectors there that tag the animals again at no cost. So the basically only changed in part eighty six where is the removal of the metal tag and the reason why they want to move the metal tag is because they do survey about three years ago and found out that one at six of those tags or a failure. Either through human air or default tag it could be that numbers could be. Like a confusion between eight and a half another number or s can be confused with the flat or at angle eight with the b so it's just human errors mainly the issue and if you have a failure rate with those tags then you break the tour stability of that in a inhibit your investigation. Are we also provide from the department of agriculture a free catholic vaccination program that's a volunteer program so we can go out in cash with backs and eighteen where from cares from four months to twelve months and we also install one of those electronic tags as well. That will conclude my report all right thank you very much and director this will be available for questions just they thank you. All right moving down to other business we have a representative from the architect cattlemen's association michelle horton is going to come in a. Give us a little presentation here. Actually be an explanation I think. Identify yourself for the wreck. Yes my name is michel buffkin horton nicer is the executive vice president for the arkansas association. The. The. Today I just wanted to provide jaw with some information that has been proven beneficial to our producers and to our members but they were realizing very few of your constituents and our members realize as you know the state of arkansas and went or went through a devastating tornado at the end of may in the northwest arkansas area and we saw producers that lost live stock was operated lost fencing structures hey all of these things that are their livelihood this is what they live with and live for and and they had a devastating loss there and so thanks to the work from governor sanders and and president by it and we've got a disaster declaration available for these producers which allows them to receive funding from the usda to replace these losses and so that's that's a great opportunity but what i've ran into in my past six years with the cattlemen's association in various roles is that producers don't take advantage of this funding because of the tax implications that they they view for from that funding so if they receive reimbursements or they receive credit to be able to replace these animals and replace dispensing they view that is something they're later going to have to pay taxes on but thanks to work by yar and twenty fifteen we actually have a lot of those programs that are available to be tax exempt in the state of arkansas and some working with the governor's office currently to confirm that the funding that is currently available for producers that suffered at loss in this tornado is covered by that and having positive positive feedback there but where I would like from yall or what I would ask for me all today is to just continue to work with their constitution inform your constituents of this we've had a lot of producers come back and tell us that they didn't know that this existed or when we informed them that this does exist they then come back and tell us that their accountant or their tax preparer says that it's not. Tax exempt and so that is really the information that I have we've had many producers like I said that i've discussed this opportunity with the if they had known in previous disasters that they could have taken advantage of this tax exempt in the state of arkansas they would have but it just was not a knowledge are available or turned down by their tax account to our tax repairer so with that I appreciate the time and I will be available afterwards through any questions or conversations thank you thank you and michelle told me that she has an intern with her and she will be taking all your questions or be sure to avail yourself for that opportunity. Alright thank you everyone. My co chair do you have any comment or he's done i'm done we're all done. Yeah.