City, County & Local Affairs Committee- House

The. I thank you Mr chairman college I'm a hello my guest to introduce himself to the committee. read the happened Bruce or by their buying journey microphone area chair of the Arkansas natural sky association it's not the nocturnal environment the group them. We spent about two two and a half years get the buffalo river designated international dark sky park last year maybe some of you are aware of that we were working with the state to get some of its parks designated international dark sky parks. Until the covid. Farrer said and so we were back on that but the matter that sort of brings us here is as we've been working with the some of the rural areas that have these a diminishing or disappearing resource of natural night sky to protect that resource and and promoted as an economic asset. Searcy County chamber of commerce for example dedicated it's a banquet last year that starts guys and particularly Gilbert Arkansas which lies within the intent of the buffalo river on the river actually it's only community on the river And within the park. And they've been trying for two years now to get their street lights updated to modern technology that was environmentally compatible and they've been running into roadblocks and so I brought the attention to a center makes is not a unique problem in Arkansas. and and so here we are all of them explains bill. I thank you so colleagues on the house bill that I had before you've kind of heard that the genesis of what I'd like to do is I'd like to give you an analogy to help you understand well the need for this bill or what we hope to accomplish with it so imagine you're walking along the street on a nice warm sunny day in front of the city courthouse and all of a sudden the lawn sprinklers come on and with the lawn sprinklers come on the water instead of going on to the grass where it's intended it goes on to the grass it goes on to the sidewalk and goes on the street it goes all over the place and so you as a content to citizen you going side asking what's going on because obviously the water that's going on to the road on the sidewalk is with a wasted water it's water that the taxpayers of the city or are paying for and their responses that unfortunately we know it's a problem but the Their gaze and system that we had installed and controlled by the water company the only fixtures that we can use on this irrigation system are the fixtures that are supplied by the water company and these are the only fixtures they've got so in other words if we want to have our lawyer gated we've got to have these fixtures are throwing water everywhere of course some of that water then goes into the storm drain and out into the lake which is the local law. Source of drinking water and the pollutants are carried along with that water into the lake and that has negative ramifications upon all of the wildlife but also on human health that is using that as a as a drinking source. This is basically what we have when it comes to street lighting systems municipalities within this state have to get their street lighting system from the energy companies or from the utilities the utilities only offer what they offer in the city council either takes it or leaves it and as you imagine since the utility is the one selling the power that is used by the street lights and the utilities profit from the sale of that power there is no incentive for the utilities in the state to install the most energy efficient wisest street lighting systems that they can install and there are no mechanisms that allow municipalities to be able to take control of that expense and. Rates approved minutes for their citizens I'll give you just an example of how much money we're talking about City of Little Rock I think the last we looked they have about twenty thousand street lights at a cost of over one point two million dollars a year so if the city were allowed to install more energy efficient lighting even if it saves just twenty to thirty percent on their utility bills every month that's three hundred thousand dollars that's another two or three police officers that are on the street those are more potholes are filled or maybe even potential tax cuts there and so what this bill does is it say that's essentially to local control bill it allows local municipality once they have done their due diligence studies so they can't just go out and do this on a whim but they've got to do a due diligence study to sell the economic benefits to pursuing this they give notice to the utility of at least sixty days and then pursuant to that notice then the municipality has two choices they can either purchase the fixtures that are currently often utilized by the utility assuming utility wants to sell them there is a schedule that shows how that that purchase prices is determine there's two different methods I or the city can say that organized calendar own system and at that point then the utility would remove the they've got you know work with the city to remove the current street lights within a reasonable period of time to allow the city to install the street lighting that the a choose there's provisions in the bill that says that if the city decides to take over the doing its own street lighting that if they do it or if they contract with someone to do it I mean they can come back if caught in contract with the the utility to do it if they contract with the utility or whoever to do it that the whoever's going to do it must use licensed personnel there improperly trained because we just don't want anybody up on utility pole obviously they have to show that there is proper. Wording and timely responses to be able to handle any allergist to the street lights that occur and then there's also standards that or or in the bill we want to make sure that if the city does take over that the city's installing and lighting to proper outdoor standards the standards a reference in the bill is the illuminating engineering society it's an international society that determines outdoor lighting levels so we want to make sure that they're using that standard to to do the installation of the street lighting and so that's it and not shall essentially what this bill does is it just allows the local municipality if they choose so if it makes financial sense to have access to the utility poles to install a manager on street lighting system and so that Mister chairman will entertain any questions from the committee okay any questions. Okay representative Bryant you're recognized. This bill has a lot a lot of moving parts and so kind of direct so currently if a municipality wants to go into this section to a neighborhood that has. The coop Stephen city maintain poles. That have utility lights on them street lights on them they cannot go to the utility provider and requests a day at the city's expense. Change it and then the city can maintain it for. So I just wanna make sure I'm asking are understand your question you're asking can the city requests that utility to change this out and then allow the city to maintain it or a licensee to correct that's the intent of the bill because of all right so they can't do that that can be requested but the experiences that it won't be granted okay that's the problem is getting access to the to the the poll so you can put your lights on that it's a roadblock because that's the whole whole problem here and we fight we had a similar issue kind of face around here we had a similar issue with broadband about trying to get access to the polls for the internet service providers to be able to run broadband on the polls so this is kind of a similar similar deal if the utility already has pulls up you don't have to force the city to put up a bunch of other polls because then you got poll after poll after poll you start getting into a a static issues and and so forth the city would still obviously be required to compensate the low Electric Company for the electricity they're using to run the street lights. Yeah you know the TV companies the cable companies they all have access by law to the utility poles they have to make it available no reason that the city it shouldn't have similar access. Okay. Okay of representing liquor you're recognized thank you and that matter banter one of my questions you said the city should have access to this bill provide them access yes can the utility company to compensate for the loss of their lad and additional tasks press two to the pope. Asset again or make sure I understand your question so if the utility company you do you require them to either take the the purchaser lie and And they're also they're losing the cost of wine I guess you're still getting the electric bill. But can they charge you for the usage of the poll that you're putting your line out and not on the court with us now I'm sorry I know none now. The third the theory there is is that the utilities already being compensated for their whole by the ratepayers of live in the community in their electric bills those polls are fixed assets that are already current and to the utilities rate base why should the city pay again to access the poll that's already been compensated. With the. And and and act of agree with your statement but I come from a local industry and there was times when the utility for wanting to use poles and they weren't allowed to use poles in certain areas and certain areas there so I'm not sure that I make a little more definition on that not that matter also this and this might not be a popular thing but the the cut off the nice guy thing in some areas of the city the end of the city where I've seen that happen because it only shoots a light straight down so when you look from a distance down that city block it looks very dark because the bill and are not lit up and it restricts a lot of people from walking in those areas so when I am I am for the nasco and some areas but allowance and other in this doesn't really allow that to be changed or SO two SO two to address that the the brightness issue in the bill is based upon standards that are set by the illuminating engineering society and also by the department of transportation so night sky friendly lighting does not necessarily mean you know so down that you can hardly say it just means that it's at an appropriate level because summer early as lighting that's too damn can create issues lighting that's too bright can create I would argue if not would create more issues because and you start getting into issues of glare and like trust pass and you start getting into more environmental impacts which you know we can definitely go into but the nice guy for lighting doesn't mean. Leding that's too damn the provisions of the bill as far as being nice guy friendly. Our the color temperature so let me explain the color temperatures will have it I understand completely okay okay okay let me point out I also understand that the engineering that study is for you hold a light meter Afton so if you hold it directly under if you understand how that Lachey and have come of that this long you hole that led me here and there but if you hold it over up against the bill then it's not going to be the same let me point out that this bill does not require zero up like pictures in anticipation of that concern of when your use and utility poles to lie you have a you have a potential problem and that their distances not like you'd like it and if you have a zero up light fixture your you won't cover the whole area so we we didn't go zero up like with this we want to percent up life which allows you to put a. In the necessary circumstance you can put of global under there and spread the light more broadly anticipating that problem. Thank you. Represent college you're recognized for a question. Thank you Mr so I guess I just wanna make sure I understand as well I think like representative Brian I'm just trying to wrap my head around this completely so it gives the municipality the option to purchase the fixtures but then after they purchased the fixtures they are bound and required to replace the fixtures with ones that need these particular standards down the road so if there is a fixture that kids knocked off by a trucker Johnson they can't replace it with the same fixture that was and saw they have to do then it here to these regulations that right right right we want what we want to move towards the the better more energy efficient lighting so it would go back to the the analogy that I use with the sprinkler head most of the lighting systems that you'll typically find in both cities are the cobra heads which are the ones that Have the have the lands is on them and those lighting fixtures are very bad about throwing light everywhere instead of keeping it where it's intended that and so what we don't or don't want to do with this so we don't want to create a situation where the the whole point of this is we want the cities to move towards a more energy efficient more sustainable lighting system that is a better not only for human health but also for the environment and what we didn't want to happen is for the city to take over the lighting system and throw up any old random you know Chief tricksters that actually exasperated the problems of bad energy you know because they choose the cheapest fixed or throw up there. That makes sense it does make sense I just I guess I understand you want to have this give the city the right to opt in I just wouldn't want there to be any unintended consequences where they opt in and then down the road they can't even replace the fixture with the same thing that's been up they have there sort of biting into a regulatory framework that might bind them years down the road but but you think that that's kind of the point I guess sure well I I and also the the lighting that were wanting them to move move towards is Better lighting as far as it's a more energy efficient it is more cost effective the fixtures ten the last two to three times longer so from a maintenance standpoint there are better and so the only argument you could really typically make on staying with the older style fixtures is. Because it's cheaper up front and even that's becoming a non issue these days most fixtures that are being installed calendar days are gonna be the LED lights and ask our talking about as is the LED lights it's getting harder and harder to get those older fixtures just because they're more they're less efficient they don't last as long for number of reasons so everyone's transitioning to the LED fixtures by their natures LEDs are generally night sky compliance the only major issue get into with the LEDs as the color temperature and the the color temperature if it's not selected properly can create health and Human rest for those of you they're not familiar with that what with the the the the risk here it's a fairly straightforward if you go outside today you see a nice bright blue sky humans were designed and basically all of nature was designed when we see blue light it's signals daytime and so produces a certain set of chemicals within our brains and bodies when that blue light is absent then our bodies it's night time and our bodies triggered off a different set of of chemicals and what we don't want to happen is for the cities to go out and install a lot of cheap Blue Ridge lighting because then that creates the health problems that also creates a future liability for cities studies have. I've been done over the past two decades that have confirm that Blue Ridge lighting at night is dangerous not only for human health but also for the environment if you pull out your phone right now and and look at it it's got a blue light filter and and and that's the very reason why not make sense we see blue light with thank thank its it's daytime there have been studies is shown cancer or certain types of cancer the risk of them doubles for somebody who lives in the city versus somebody who lives in the country a lot of it goes back to. The excessive amounts of blue light and the environment at night and so what we're trying to do is as a city installed these new lights to make sure that they're the proper temperature so the standards of the bill lays out these are standards that are used by the highway department on major thoroughfares the use a temperature of four thousand Calvin which that's a national standard so that one has a little blue light the lighting hears about four thousand Calvin obviously you want somebody driving on the interstate and not to stay away so you want a little bit of blue lights but in the residential areas where people are trying to sleep you want to have a less blue light and so the build the designate three thousand and Bruce can correct me I think the Medical Association had recommended a value of twenty five hundred or L. A. M. A. M. A. last I knew recommended three thousand or four warmer or okay so R. three thousand or less so that's the standard that we've used in the bill on why and why we chose those standards and let me let me say your point representative Collins at cities who own their own lighting systems are putting these lights that. They're taking out the old lights and putting the need new technology and because they're more efficient because the maintenance is lower and and so it's just a win win the problem the Gilbert passed and and cities that that depend on their utility. For lighting is is that those lights aren't available to them at affordable rates it's a little bit of a conundrum because they're actually cheaper to operate over the life of the fixture then what's there now but the if you go to that utility they want twice as much so it's a roadblock to getting that modern lighting and all and and I would go a step further as we go into the future one of the things that we're gonna be saying is a more intelligent street lighting systems you know perfect case in point the and it was a two weeks ago now we have had the snowstorms and the utilities are having to cut off power to certain sections of the city would it have been nice if the utilities would have had the ability or the city's we've had the ability to cut the street lights off because nobody was out driving around and and save that power so that they didn't have to cut power off to homes and as we move forward there's going to be more electric vehicles that are going to be charging and I and so by having a more intelligent street lighting system it'll not only give cities but it'll give the utilities more management tools to be able to manage those resources better as it is right now it's just a dumb fixture that sitting up there and it's either on or off depending on on you know if the power to the grades on. Okay Senate wry you're recognized for a question. Thank you Mr chairman representative state of where I'm at with this is the utility of companies they pay for for putting the lights up okay. Then they replace overriding is that right. Yes so so as it is right now the city contracts with the utilities and they pay a monthly tariff on having that light fixture up. Okay but if the city's take over do you thank everyone of them. That actually take over that situation will install the right kind of last year's or any kind of guarantee there that's in the bill okay so eleven okay we'll We know or images or representative state how do we know that they're going to maintain a ride through the years that'll be up to the city council and the the citizens to police that okay. Thank you Sir and you know there's nothing that says that if you know later on down the road if circumstances change that the city cannot go back to the utilities what utilities are offering this is just strictly permissive language that allows the city if they so choose to knowing that we're going to ask them to install this better lighting it allows them that option right now they don't have that option so first you know a lot of cities this is not something they're going to be interested in but there's going to be a lot of cities in Arkansas who would be interested in taking advantage of this. Okay representative Brian to recognized for a question. So that would this apply to standalone fixtures or just utility poles that have street lights mounted on. Okay this is so this gives the city permission to take over the lighting from the utility. So I street lighting so I mean if it's just a standalone fixture like in a parking lot that soul separate that's not addressed here well I guess my question would be is is as you go down the road you have utility poles with high wires on them with lights hanging over them we've got a standalone fixture that sticks up on its own pole project in its own light is applied to both of those scenarios de has long as it's a well let me let me jump in here I think I think I follow your question those usually belong to the city already. Cities of large cities anyway on some of their own lights and they get some from the utility the the the value of the utility light is is you've got existing poles under chief okay so if you go around Little Rock but when you go out on a on a highway thank you that Federal Highway Administration requirements in the city on socialized they're dedicated poles and they've had them installed in some some some subdivisions this subdivision puts the lights and and then the city take some over the of all we're talking about this the lights that are typically mostly in residential areas that are just hung up on utility poles that's what we're talking about. The utility provided lights. Okay representative Beatty you're recognized. I. Early on you mentioned the city Gilbert. Are there any other cities they were consulted regarding this bill that expressed an interest to step up and take advantage of what this bill would provide what we the we we were in discussions with the municipal League and they helped us with some of the language and so the municipally is supportive of the bill and they have a representative here to speak on that if if that is of interest to the committee as far as whether anybody else is reaching out to you all I don't we haven't made an effort to connect with anybody else but the city available has contacted me when they heard about what we were attempting this is called municipal is that minutes of lies and the lying and understand familiar with and they are the contact with me about that and showed some interest in it that in the event that you and I and I think part of it is because it's not really permissible now you know I'm sure there's not a lot of cities and look at it but if we can if we pass this allow this I suspect you'll see some more interest and I'll also throw out that this is actually modeled after legislation from Rhode Island so we were due to. Put this information out and we would not be the first state to to do so. Yes follow up I guess just followed by I understand the purpose and intent of the legislation I guess when the first things I was involved with when I first came to Arkansas and I moved here was looking at this very issue and and and really the issues to build one that the utilities on those poles and and pretty much they're protective of those but the other obstacle is the cost and the experience in most cities cannot afford to go out put those lights and to take on all those polls. So is there a cell phone yeah so to to handle that and the bill allows a city to do it in sections so you don't go over to a small town I think we're talking fifteen street light so that something they can probably take on but if you're talking a larger city then yes that that can be a concern and so the bill allows the city to say we want to do this section take it over install our own lighting or just take over the existing lighting and pay the electric bill on the the current fixtures and see how it goes and and do a pilot project if you will so that so that is in the bill. Thank you representing member you're recognized yeah one of the questions on the typically on the time usually on street they're hooked directly own the power companies Greeed they don't go through major or anything in the electoral world energy or co ops don't want you to touch their side you're allowed on the secondary side of the meter and it's an insurance in liability thing so have you address that is to will. The utility company let the if the city's putting up the glass I'm assuming they're going to have a bucket truck and they're going to be putting up the latch they're going to have to hook on to the parent company's wires and have you address that anyway. So the way I would envision it is obviously the person who's working on the lighting has to be qualified and they've got to be properly licensed as far as connecting it to the utilities lines the that something that the utilities in the cities can. There there's no specifics on that so that allows them to work the details out on that C. till he wants to handle of course a lot of times utility doesn't do that the utility contract somebody to to handle that and so that can be done here in the case of of the situation. Thank you. K. representing believes is this a mutual agreement between the city and the utilities under this bill so this is a mutual agreement between the cities I sent the bill to the co ops and to enter G. back at the beginning of February and I've heard no feedback from them since well I'm talking about can the cities do this without the Parken is agreeing to the I. DS so the city's given notification that they want to do this and then the power company essentially has two choices they can either or and I don't that the two hats have to work together on this so they can either purchase the existing fixtures or they can take the existing fixtures down the bill doesn't dictate that the city can automatically coming in by the utilities fixtures. That's a decision that the two entities will make so the utility can decide whether they want to sell the fixtures to the municipality or not. So then and so the minute the city's cannot force this issue now they they can't force the utility to sell the fixtures to them but the city's once they give that sixty days notice can the are granted access to the polls to put their own lighting and so if the utility decides not to sell or the municipality does not want to buy the current fixtures then they work with the utility to have the old fixtures removed okay let me out let me say something here if I make this cities already have the right to terminate lighting services that make an order of the lights removed. What the problem is is they don't have the ability to put their own lights back up so that's the that's the missing piece that's in this bill they already have the power to fill the utility company to remove the prices of their okay I represent makes there's fourteen cities right now they have their own power system and the you know if any of those or doing this the Cities that own their own electric companies in Conway Corp was an area that I represent they do their own lighting and so they have actually for the most part around Conway you'll see them they are transitioning to these LED systems. Although he was as that kind of it with the question you had you know sort of yeah shall the cities that on their own lives it's long since been moved to the snow. Any other questions yes representative Cavenaugh you're recognized. Thank you Mr chair so I just want to see if we have an energy company that owns a lot. And the and the city decides that they want to start having their own lives but they don't want to buy the lights that the injured the company has energy company has so basically the energy company has to take of those lights down so they have an expense to take those lights down they also have the loss of the equipment because they're not getting reimbursed for the equipment that's being taken off. Is that correct. To build the bill provides for compensating the utility company two different ways to two different ways of analyzing their legitimate interest. and so they are compensated how are they compensated well you want yes so that there there's two ways that they're compensated either the the cost of the the original cost minus depreciation minus amortization plus any scrap value of the fixture so that's one formula the other formula is is the municipality in the city can come to an agreed upon for market value and make the make the purchase at that level also when the utility installs the of the fixture there are they're paying a monthly terrified for that which includes all the maintenance and everything that goes along with it it would be similar to in a lot of us when we purchase a cell phone we or we you know have our cable provider they give us the the box and we keep the box as long as we've got the service and the cost of that box is built into the monthly service fee that we pay and then at the end or if we terminate typically we send the box back or you know we just Carter or whatever that's kind of a similar case here like and he said the city at any time can terminate those contracts you know practically they're not going to but that they could terminate the contract and at that point the utility would have to remove the the lighting follow up Mr yes go ahead when in your example when you decide that you don't want that cable modem or whatever it is you're told to send that equipment and if you don't send that equipment and you get charged a fee right that's what I'm saying is right how is it how is the energy company reimbursed based on those one of those two ways I just told you about the cost minus you know the appreciation all that or a fair market value is determined by the two entities thank you yes I want to make sure that as we did this that it was is equitable for both sides as possible. Okay representative Ron you're recognized. Representative Dave. It looks like that the city is trying to take over that system okay with that poll right and they can't afford to do it yourself right now they can afford to put these goals up everything else. How do you think that once this goes over that they can. Thank you for what they're getting themselves into. So. Once the city purchases the fixtures then the only cost they'll have is the electricity to the fixtures and the electricity is going to be cheaper for the city that and what they're currently paying. Because right now they're paying for the fixture the electricity the maintenance and so forth to the utility. We allow them to buy their own lighting they install and then the only cost the city generally has going for it is going to be the cost of the electricity and any maintenance so so the city the city will actually have to do a study to make sure it is beneficial for them to to do this but in most cases if you're going from these more outdated lighting systems to the LED systems that we're talking about here these fixtures tend to be up to fifty percent more energy efficient and the last three times as long so it is a The benefits to the taxpayers of the city's to do this in the long run thank you can imagine if you're the mayor of a city you just cut your or your you know street lighting bill in half. Well that would do for your you know city coffers because I mean that's kind of all or. Some of the return for looking at it and Bruce may be able to give you better numbers in may but for a city that pursues this they will probably save on average anywhere from twenty to fifty percent of what they're currently paying right now for their monthly. Follow up yes Sir representative stay they'll let me ask you this what like you got the full under I don't know exactly what a poll calls probably thousands of dollars but you say that a lot of armor are rotten and they're getting close to making replaced hope place for that the utilities that the these are poles are that are owned by the utilities. So these are gonna be poles that have electrical wires sometimes all have cable or other telecommunication lines on them as well. The other day. Yes is there obligate remains I think a lot of a lot of people Allen. Representative Brian you're recognized. Hi I'd like to believe that this might be a. A question for utility companies I'd like to believe that new installations as cities grow that they're adopting new types of street lights as they install that being said how does your bill prevents multiple cities throughout multiple jurisdictions of providers from picking different lights because if I if I maintaining one light or I maintaining five different light systems. I'm not gonna do that I'm gonna maintain one light system throughout now if I am adapting to change. You know I'll consider that but it's gonna be my my choice in my change on what best fits my ability to to make money. Not the closer our for profit but they're definitely not for losing money that we keep our costs down Arkansas has lowest lowest rates in the nation or one of those streets of having my question is your bill provide for an Avenue that make sure there's not a variety of different lifestyles. Well I think if you go in any city you're gonna see a variety of different lighting styles anyways and I would kind of use the argument about you know I'm gonna use the best system that best meets my circumstance and that will best serve my citizens and that's what we're giving the city's permission to do the cities are gonna be because the utility you know if the if the city of Gilbert installs one system in the you know city of Clinton installs a separate system it's not the utility that's going to be responsible for maintaining those systems it's going to be the city's responsible for maintaining those systems based upon. The what's in all the cities deem that is in their best interest right now it's the utilities choosing what's in their best interest for everybody. That's sort of the problem we've got right now is that the utility company wants to have justice limited number of fixtures they offered and you've got to choose from what's on there they're by Fay right I guess would be needed to be my my experience with that is what if I'm doing a new development the city's gonna put it on the developer to install lights to their standards then it's going to be on the the user side of the meter they were going to hand that over to the city to maintain and if you're from where I'm from that work for about six months when they realized the cost for them to maintain it and the cost for them to identify which is which are maintained by co op which are maintained by the city it was a nightmare so now we got streets throughout our city that are dark because the city doesn't with responsibility even though it is there's an echo up as every right to say it's not my responsibility so that would be. So I've got another bill that addresses that and it says that if the a third party is installing street lights that those street lights have to be installed to a certain standard but that's a different bill I'm working on. Okay representative Cavenaugh you're recognized. Thank you Mr chair kind of going off of what represent of rye was stating and I think what the issue the biggest issue I have is I'm from rural Arkansas the small towns right and. What is the cost of a lot. It varies haven't priced in. There I think most LED fixtures probably a hundred two hundred dollars. Yeah yeah we're not talking thousands of dollars per per fixture County and then when it's the the maintenance is in north what we've all been talking about is the maintenance for the small towns and so one of the they can't they don't they don't have the money for maintenance and if everyone gets damaged it has to be replaced if one poll gets ran over it gets knocked down. You know that that that's an issue for small towns surepos holds not the utility not going to be the city's problem only thing the city's Gomes the fixture hanging off the pole yeah when that poll gets knocked down is that he has to replace that light that's their responsibility well that what they would have to replace the lights but you take the city to Gilbert Gilbert is paying like twelve hundred dollars a year for sixteenth street light. these lights install will last decades and unlike the current technology they don't have balls they don't they don't have balance so the maintenance is almost nonexistent you just replace the light fixture when it's gone and and they shared so the male of the entity is not concerned about the money well they're concerned about the maintenance that they get hit by a disaster if they get hit by a tornado if they get hit by a house house wine weekends and they have to replace there is maintenance of these it's not just because they're going to last for years there are natural disasters that take these poles down all the time. There's people that drive and not these poles down all the time I mean there are there are they maintenance to these are not just not my insurance for it so on that obviously natural disasters hit our state all the time but for any one given city the chances of them having this you know with having a natural disaster hits in their area in any you know ten year period is probably fairly small it's not zero but is probably fairly small also one of the provisions and and this is one of actually one of the cost saving provisions within this is it allows cities to joined together to contract with whatever third party they choose to an order to do the maintenance on these polls so if it's a if it's a fairly decent sized city you know of you know what Clinton Marshall Searcy and they've got the personnel wanted to their own maintenance they would have that ability but if it's a small town like you know of of Gilbert they can contract with a third party and they can go in using the Municipal League they can create a coop if you will call like we do with schools to contract with a third party to do the maintenance for them so that's potentially another cost saving method for them if they so choose to do this but again all the concerns you raise that goes back to the city doing their diligence to determine is this a good choice for them to make and then that's in audit becomes a local control issue if it is a good choice I don't want to you know I I hate to say no we're not gonna give you this ability to do this because we're concerned about you know a natural disaster may may not come through you know Gilbert may not see a tornado for the next hundred years we don't now but the the the standard cobra heads they generally last about five years is their typical lifespan whereas some of these new LED fixtures or fifteen twenty years and because of no moving parts the balls. Last you know the Baltz last for twenty five years and so unless something. Out of the ordinary happens they are fairly maintenance free. K. Singh no further of representing the group you're recognized I just like an after looking at all there's something about this bill I really lacked a lack the the colors and if I understand right the city just had option they don't have to do it right now it's fairly bills of I would say that I don't agree with when you start and I'm dealing more with energy and some the coop from my area so I'm energy is not going to let anybody touch their wires and do that without any insurance policy this through the roof and contracting there you don't use third party to allow third parties in my area to do that I know in some areas they may just basically if it's a city utility so I'm gonna I'm concerned and also the leases on the posed there's leases in those places a renewed over so often and I don't think this cities are on those leases now so that would something that could be an added cost an added cost in maintaining hooking up with these lads I'm not sure I see the pool energy bill savings on it I will say that the. So on that if somebody else does on the pole once the wanted provisions in the bill is that whatever Lease agreement that owner of that poll has with Entergy it would then transfer to the city and and again as the city's doing their due diligence those are things they would have to consider if there's an area generally speaking there's probably not a whole lot of those least pulls out there I think the utilities are probably better off putting their own pulls up but if there are least poles the city obviously would have to look at that and determine whether it is of and makes costs cents for them that's why there's of the the first thing that the city has to do is to do a due diligence study to determine if this is the best course of action for them so again in some cases the and may not be but and I would argue probably in a lot of cases it will and and I hate to say no to everybody when by passage of this we could help some of our communities. Thank you that's an interesting point I wished I had thought to ask it but you know this is happening all across the country municipal Ising lights so but you've got a legitimate issue their concern about who's gonna hook this up. And I just wondered if it'd always going to be the utility company but you know bar and they've got an agreement with a contractor to do it. Well I don't know I just know in my experience which is fairly vast with and and mostly with the energy that and now but touch their wires it to seven hundred fifty dollar fine. And and so I think there's going to have to be in agreement and there might represent makes a is the city's going to have to take a look at that and see what the real cost is I just hope they're smart enough to figure all that in and understand what. In the leasing of the poles and the if they're going to have to pay energy to every time they go work on one of those flights if they have to pay interviews Mandeville be there with him there's a scheduling problem and and all of that over like I said a lack option a language you I'm not a great fan that gas thing but the overall is good I just think there's some some concerns there. And those are the the the the the legislation is silent on that so that something that you know. When we leave them to work out those details. Okay. Saying no more questions is there anybody that in the audience that would like to speak against the bill. For the bill. Seeing none representing makes you ready clothes for your bill I am proud committee thank you for the questions a lot of good discussion here's everyone can see it's not of not a simple not a simple issue but what we're trying to do here is we're just trying to give the ability for some of our sites cities and towns who choose to pursue this the option to pursue it if they so desired Senate just a local control issue and with that we would appreciate your positive consideration. Okay. What's the wishes of the committee. Hearing no motion one of the bill fails. Thank you. All right next up is this house bill fourteen forty eight representative Hudson you're recognized to present the bill so you get to the table. Please identify your guests are happy on the done find self if you would. Good afternoon chairman fight members of the committee I'm my name is Barry highs on the chairman of the canis and Danny road suburban water improvement district number three forty nine of Pulaski County Arkansas since a very long title we just color silver District three forty nine. Thank you colleagues. Thank you colleagues this bill I think is likely to be a much shorter discussion I'm certainly hoping so what we're trying to do today is a modest fix it's really going to help get more citizen participation on some of our suburban commissions are suburban improvement commissions rather and shortly after the election cycle my constituent Mr Haass reach out to me and said that they were having a problem filling some of the seats on the suburban improvement district commissions in part because the the process by which you nominate and elect new commissioners is cumbersome and so you lose not only participation from the potential commissioners but also participation from the property owners that are to appear at these meetings in order to vote on the side Commission appointments so what this bill does is IT reduces that process and streamline streamline that a little bit so that we are still sending the notices out via first class mail to the property owners in the improvement district explaining that there are there are vacancies on the commission board that there are nominees that will be elected at the date and time for the meeting after that rather than having to have to meetings the first meeting under the current law they announced all of the potential nominees and then you have to schedule another meeting and get all of the assembled property owners come back under this revision instead we would handle it all in one meeting so the property owners would get notice via first class mail we would have the nominees for the successor commissioners there at the meeting and the simple property owners within vote so this is just a bill made it meant to streamline that process encourage more community participation and just make the entire US thing go a little bit easier this does not change the. This by which we deal with commissioners who are required to step down this is just for successor commissioners on seats that are vacant at all that Mr Hans talk about anything else on that all right I think the representative sides ended a very good job just briefly explain under the current statute. When we have a vacancy which we do on our commission right now we notify the county judge the county judge within thirty days schedules a public hearing at which the local justice of the peace presides. We notify the property owners by first class mail. assuming some property owners show up which are district is twenty years old and the last two meetings we've had we've not had a single property owner show up for annual meeting or board of equalization hearing but assuming they show up we accept nominations then the statute requires thirty days later we have a second hearing at which we have elections of among the nominees that's a very cumbersome process in our district we have around three hundred real estate parcels that means about three hundred letters that I as chair usually have to stuff and like the envelopes at cetera there's a cost to property owners because all of us property owners that make up the district pay the cost of mailings that cetera legal notices so we we have to bear those costs and what we're trying to do is basically unify the process into a single meeting where we accept nominations and then elect to fill the vacancies new commissioners from among those nominees. It seems pretty simple I think it's pretty simple it say this work it saves money it It. speeds up the process. Okay. Read for questions yes okay. Representative brunch a recognized. Show me the qualifications required of a commissioner what I apologize if I missed of or the qualifications of the Commissioner the qualifications or elsewhere in the statute we're just referring it back to the other parts the statute that a remaining unchanged and they're they're pretty standard qualifications eighteen or older property owner in this suburban district and it's just kind of basic ground rules for this commissioners. Representative Cavenaugh you're recognized. Thank you Mr chair what was the reason for to have it in two different. Meetings for the nomination and then the election and different what was the original purpose of that do you know. No ma'am I've I've been to the we were formed twenty years ago last month I'm the only original Commissioner somebody original seven on there been chairman for many years the same statutory requirement has existed since before two thousand one. I cannot think of a logical reason I guess the only reason I can think of is because the statutes for the most part very archaic and from many years ago in the olden days pre two thousand one or whatever I think there was more interest among the public in participating on commissions and boards and things like that I think people are willing to do to do those kind of things today that is very much not the case as I said before we have a very hard time you know we've we've basically tried to do some arm twisting to get several of our property owners to agree to be nominated and elected to fill our vacancies so it's a very different process now than probably what it was twenty five or thirty years ago I'll have one more thing last year when the Arkansas River flooding was so bad in the levees for breaking it cetera we all saw you know major news stories on the front page about levee boards and no longer had members at cetera same situation is with our suburban improvement districts that there really is a general lack of interest and a lot of people serving on these boards or volunteer boards they take time there's no compensation I wish it were different but that's the reality follow Mr yes. A just for knowledge what is the term of the Commissioner. If there is no term point is long as you meet the qualification is represented to us and said you have to be an owner for guilty within the district boundaries that's that's the main qualification but there is no term if you sell your property and you are no longer an owner realty you are no longer eligible to serve in and required to resign but but there is no set term of office so. Just so I understand that someone can be voted on as a commissioner and they're there for life as long as I on the. They're not for life in our case to the we we have debt we borrowed money to install of all of the water lines which we've been turned over to Central Arkansas Water which maintain seven puts water in the pipes are dead right now is scheduled to pay out in twenty thirty two so twenty thirty two we would be dissolved as a legal entity and everybody who's a commissioner at that point would tell longer have that that job title responsibility okay thank you yes ma'am correct representative Holcomb. Okay. K.. Seeing no other questions. I will do that well unless I've got some in the audience here on the whole that would you. eserver someone from the audience that would like to speak for. Mr house I've got you going to speak abuse at all you'd like to say yes Sir I have okay anybody like speak against this bill. Seeing none represent Holcomb I recognize you. I have a motion to patches me we did not let you close let me let your clothes. Thank you Mr chair I did I'd like to get Mr Hossam help stuffing envelopes and all of the Mr houses all over the state who are trying to do this work and need some assistance on these commission so I would appreciate a good vote thank you now I'm on the motion. Third. All right well motion do pass any discussion on the motion. All in favor say aye. Those opposed say no. Congratulations your question bill thank you thank you. All right next up will be Senate bill three oh two. Represent pair you can Present the bill. Can I am by the. John Wilkerson with the municipal league to help shed some light on the subject if you are a. I think it's it it's. John Walker center counts the Municipal League. Nice to see thank you Mr chairman Senate bill three oh two Senator Ingram rand on Senate in fashion and unanimously what we're doing is it has to do with reimbursement a law enforcement training the cost where we're adding municipally operated in addition to the state funded training academies. And that's a it's on page one the back page we're just it's really we're still adding municipally operated in addition to the state funded keep in the same as tiered cost reimbursement for that. It's pretty simple. Katie read for questions in yes Sir right representative McCurry you're recognized. I like this bill I'm a businessman so I understand what it's like to invest and employ them lose out so I think it's a great bill I have one problem my district is hot springs village which is a little over fifteen thousand who has their own police force a police force is not part of the mute this league city county or state it's a private. So I wonder if there's any way you consider adding that to this bill so that communities lack of Springs Village and diamond head that have private. Please forces at the you know verifies it operate twenty four hours a day and no not sure about them and he had been in hot springs relief they go to the academy and they're trained but they're not part of the municipality although there's a huge financial impact from the citizens their Springs Village the you like it added to that were yes Sir how would be reimbursed as well yes Sir let me speak to my general counsel. The can we do that I don't know I don't know why that would be a problem but I can certainly check to make we will check it so we can amended back on the Senate and we pass out here in amended on the Senate well we can amend it and then send it back to the concur in the Senate. I would appreciate that there of. You know they're not a big municipality so sometimes they are quite recently early they have had employees that all industries experiences representative you know I'm I'm an insurance guy and I can I can hire someone in training for and get a mall training spend for five thousand dollars and Behm they're gone so and I think you get reimbursed. The representative period that they. In this case right here they work under the authority of of the sheriff earlier in so I'm not sure if this would cover them or not under this. You can check that out okay it's the survey if there were they were gonna shares the shares probably one that puts the treasures are defined by this year if they don't work under this year and so this is came on another bill that became Middleton the chief they're it brought to me and says that it was worded this way and he said you've got to get him to change that wording so will be included. And all right represented the hope of your just point of order if the census the Senate bill would it have to be pulled down amended on the Senate. Senate is that is that. And my my story Senate. Department store going to the Senate I know that that that's what I'm saying. So so you can you can okay I'm I'm asking if it has to be sent back if he has to pull it down and send it back to the Senate to amend. Okay I'm sorry I believe would have to amended here and okay let them concur okay thank. Represent college you're recognized. I just wanna make sure I understand this phone actually changing the for hot springs village as it is right now it's not going to deprive them of anything so there could be a bill brought that would deal with what they're specifically needing right. You're right representative Collins and that may be a better solution to do that instead of makes in private and public in with that so let's I'm thinking that's what we may want to do we can work with Municipal League to get that drafted I'm sorry not oppose that idea I don't I read I lead like with the code a little bit different better because I'm not sure we're fitting echo necessarily but I'm certainly and I talked the county's about it to to make sure I understand that the way it works of hot springs village because of the county's paying for their training then I'll look into it. It's on the village okay. Number I don't think they can speak to the training very okay share deputized some though okay I'll take a look into it absolutely. Any other questions. Seeing none what it's wishes of the committee. Can I make a motion to pass yes. I have a motion excuse about electric close up on the use close okay okay a motion do pass any discussion on the motion screws we do we have anybody to speak for against the bill. Seeing none of. I'll accept your motion. All in favor say aye. Those opposed say no. The passes graduations thank you Committee. All right representive Underwood are you ready own House bill sixteen thirty three. Okay. My understanding is that you have an amendment. Yes Mister chair I I should have an amendment with this bill would you go ahead Senator amendment will vote on it. yes so this amendments at first I would say that this bill municipally work me on this bill their support of this bill the reason for the amendment is this was just an oversight between I'll try to get this fall pretty quickly so I can I can you run it today and this line was just left out of the bill originally so I'm not change anything from what municipally agreed to on this bill there's no oversight. Per share a good vote on the minute. Okay. You're the motion any questions on the motion. Okay seeing none of. You like to. Yeah like that make a motion to pass for them and okay I have a motion to passing discussion on that saying none all in favor say aye. Today's those opposed no. Amendment passes within present your bill I think Mister chair and thank you members of the honor to get to present this bill to the Committee I do want to thank Mister Wilkerson in the municipally for working with me on this bill to come of something that I think more of us can support and I'm proud to bring this year I think the back the blue accents allowed in clear message that we have the back of our brave men and women who serve and protect our community at each and every day I was reading an article that according to the crime report sweeping changes to police departments have resulted in resignations of police officers across the country what I think is unknown is the amount of highly qualified individuals are choosing other occupation occupations because the lack of appreciation for law enforcement so with police officers the police departments across the country struggling with sick outs or the blue flu I think this is a great opportunity for us to show our law enforcement officers that we value their service and that will continue to back the blue so this bill is pretty simple all it does is requires a city of the first class to establish a police department and provide it with the proper means an equipment to provide law enforcement protection services for its citizens there's also an alternative the city can also answer in future contract with an existing law enforcement agency to provide services my understanding there is there are some services that some police departments that do that are some cities that do that currently and that's really just an effort to make sure that we're providing for the public safety for these for the city so I deal that's all have to be happy to answer any questions. J. representative golfer you're recognized. Thank you Mr chair and I should have caught this on the amendment this is actually a little bit of a question about the amendment because it looks like you're two sections are pretty much identical for first class and second class cities but you only amended the second purpose because can you just clarify that with on purpose and why yes so the the difference is is that the city is this only affects cities of the first class as far as being required to to provide the services cities of the second class I I do we did some clean up and that sections kind of merit near it but we didn't we're not requiring them to provide the services the really the reason for that is that probably smaller and they may have different issues as a basis for the first class thank you thank you Mr chair thanks for the question. Any other questions. Representative Riley recognized yes Sir representative this Arkansas underground facilities damage prevention enforcement board we're not on the I'm sorry I'm sorry. I'm happy to answer this I have some I think this question. Or. Okay any other questions. Saying none. Is there anybody that would like to speak for the bill. This Wilkinson. You're recognized Speaker for the bill. Thank you John Wilkerson general counsel the Municipal League I want to thank members in a manner where of very much for working with us on this bill and we we're proud as cities and towns of Arkansas to provide law enforcement protection for citizens and obviously I represented police officers for a long time and we want the best law enforcement and and and the country and we think Arkansas has to invest on men and women in blue and it we believe this sends out a clear message to the citizens of Arkansas that cities are proud to to to to be in the police business and are dedicated to making police services better better and always there for our citizens so you know we support this and we appreciate represent under what for for working with us on this thank you anyone will speak against the bill in the public. For the bill. Seeing none short clothes for your bill yes I'm close to a bill out of a for a do pass thank you as we do pass as amended as amended thank you thank you for that okay. All right of any discussion on the bill as amended. Seeing none all in favor say aye. Those opposed say no. Graduation this past next up will be house bill thirteen sixty four. And Mysteron would understand you're going to present that one today. Yes Mister chair. Mr may have Mister spex please do thank. Charlie specs government affairs with black hills energy okay you have amendment on that also understand I guess this share this as I'm running this bill for representative Pilkington while he's out and then as I was reviewing the bill I noticed in the Russian of god response copy as well help me notice couple of spelling errors for heirs just in the moment and that's all of the bill the the all the member does correct those errors okay. Okay it is any discussion on the amendment. Would you like to make a motion I like to move do pass on the amendment thank you have a motion to pass all in favor say aye. Those opposed say no. Okay your member passes may present the bill I think is the chair at this bill creates the Arkansas underground facilities damage prevention board which purpose a sim for Starks underground facilities demand at damage prevention act as far as I'm aware there's no known opposition instead of me spending a lot of time I'd like to give it to Mr space and let him kind of answer any questions give me more detail about this bill that you're recognized at Charlie specs we've been working on this bill for a little while just for a little background some of your new for a long time I was a attorney and boards and commissions for governor had stints are prob problem issue if anyone is trying to create and who both scored it was a a useless new board it would not be me so there's some clear issues why we need this new board more forty eight that a fifteen hits per locate for us as a natural gas provider that's a public health issue anytime you hit a natural gas you have a concern that you know stuff can blow up so we're just trying to mitigate those in this really goes after and helps us go after bad actors ninety nine percent of people that accidentally hit something it's an accident and it's not something willful but you know and are a lot of work this doesn't add anything this is essentially there's already an eight one one damage prevention all right now enforcement is with the AG's office so if we had a complaint we would go through the AG or local prosecutor and they would take it to court you know that's pretty burdensome no one really wants to go through the AG's office and they don't have the resources and that's why they're not opposed from you know this moving to more of a more of a board setting second all this board does not take any general revenue and any penalties that were that or levied cannot be used for operational expense by the. Lord we think that's important we don't want to board out there issuing fines so they can stay relevant committee finds would go to the educational Training that they were they would provide so we have no known opposition we work with of the contractors group we've worked with AG we've worked with the PSC and then we've also worked with the federal pipeline and they agree that states that go through enforcement through the AG just don't happen for cement and you know our biggest thing is you know what there's never been one civil penalty ever provided in by eight one one case and I think you can see that by our hits four thousand I think the latest I saw as far as gas lines are hits for thousands were almost seven per thousand Tennessee Mississippi around a certain in the blow to six four thousand so it's not a a minimum amount that were behind in this is also not a new deal states are starting to go through this Tennessee Alabama Mississippi Idaho have all moved towards a dedicated enforcement board and so we feel like and the contractors all the stakeholders feel like this bill board will have the expertise and the knowledge to handle these complaints and. We're hoping to get a for in front of this so the federal government doesn't come say were inadequate and when they say there were inadequate we lose grants and money and then they require. More than you know both sides want to do this this board would be complaint based so they would have to be a party to to bring a complaint to it it wouldn't federal like state to be mandatory which means any time any type of line is it there's automatically hearing you know we don't think that's really needed because we think this is going after the the really bad actors on both sides and this allows contractors if we're not getting out there and for filling our duties locating for them in time this it provides an Avenue to also come to file complaint help utilities fixed too so I all the utilities are on board. no no no opposition but I'll be Excited nine of excited I would be love to answer any questions. Okay represent college you're recognized. Thank you and I appreciate you know of this this idea here I I did have a question about the funding so I would as a per ticket charge not to exceed five cents collected by the one call centers this means if you when you call one call yet to pay five cents before yes for utilities and that's that's on us so we're essentially funding this board the utilities are with our one call tickets it's very minimal across the board this board should need that much money we've we've set exit like the highest you can go with five cents with the board being able to set that that lower if needed but yes that those would be on the utilities to pay request the following. Yes thanks any and and I see there's some other mechanisms here doesn't define the filing fees administrative fees for the complaints or by the board is that something that would be I guess set by the board yeah and we were trying to and us and the contractors we want to let the board do as much as they have some type of flexibility there to set up the board how it's needed to be set up other than us just having a rigid system when they get in there and figure out that might not work okay that kind of thought process there. Okay representative got for your reading. Thank you Mr chair a couple questions and thank you for the preview I appreciate and their responsiveness just looking at the members of the board and. I see that there's the rural water association representative I'm but I'm just wondering if there other stake holders who are concerned maybe about the environmental impacts and if they. If either shuttered or could be included to talk about maybe additional environmental stakeholders yes we've That hasn't come up as far as it we kind of model this on Maryland and Tennessee and some of these other states that have gone through this and you know we haven't had any this bill has been out there for a while we have anybody reach out saying we'd like to have some type of say over it we tried to. Include people that would be directly affected it affected contractors utilities and then also the AG's office eight have some experience with this one call specifically even if you see the committee is meanness buildings on there that so you know there's municipal powers and so we just haven't been reached out and I don't you know. I haven't looked into a button and while I have looked into it from what I know what I have what I have researched no and no other states have done that I don't know if that's because they just shut him out but we also have been asked by any type of environmental I don't know what kind of state code that one in that okay thank you follow at Mister chair. You have for follow up yes please yes please thank you this is shifting gears a little bit thank you for that clarification this is about I know you said the instances are rare of you know as that's acquiring these penalties and and and. Damages or or at fines and penalties but that money I guess used to go to the cities and counties where the incident took place and now they're going into the fund to I'm just running up cities and counties are expecting those funds are gonna miss out on those funds that are now going to re directed into this created find yeah we doctor we talk to the counties and that they're they're okay with this bill the. The I don't think there's been enough for they would even notice is what they said you know we're not sure what the AG said they've never done it and then so local prosecutors those are the ones that move into the counties and the counties told me this morning we know we're fine with this bill we don't think it would impact us at all but shall. How many fines there aren't great thank you thank you Mr chair the representative Cavenaugh you're recognized. Thank you Mr chair my question is is there a difference between we keep talking about contractors and that stakeholders if I'm an individual and I've called you and you'll tell me where that that but I'm in a and I go ahead and hit the line eight and that's just by peer ineptness I mean is there some way that that wasn't done deliberately was just done because my one very smart is there some kind of protection for those individuals because we talk about the fines and I escalate pretty extensively so and when we've done that but making it just complaint based you know if it was mandatory reporting it go to this board and then since you're talking about you know we deal with the individual homeowners all the time and we understand that that's more education nothing in this bill requires the board to if if they hear a complaint and five find that a party has Broke in they won one law nothing requires them to give us in a civil penalty at all there's a mandatory training in there but and you're instance we. We find those don't ever go to a board. We would talk to the homeowner you know we would educate they would pay whatever if they damage they did the line once they do no matter what but yet this is not meant for those one off homeowners this is more geared to indie that here day structure in those type of repeat bad offenders followed Mister chair. Yes is there a way that if someone is assessed to find that they have a way to appeal it yes all I mean all of this is just like any type of other board they they it's appealable to a circuit court or anyone else like that okay thank you. Okay any other questions yes representative McCurry you're recognized. I had some concern also about where the money was going but also this is taking the ability away from The we say from. Before would be brought by the Attorney General the county prosecutor or the city attorney now they're allowing the board to do that I understand has meant many fees because those individuals haven't been. And too many cases but if the board who is represented on the board for people who you have the land in the ground I'm concerned that there be more plaid especially with the money going towards that what what informed about those the you know the Attorney General and the county prosecutor in those being taken out of the picture yeah and then there's still the Attorney General has a seat on the board for consumer protection purposes They're the three contractors or excavators are on the board the the board is not heavily tilted one way or the other I think that's why you find that excavators and contractors are on below or a fine with this bill And because the end well I think both sides agree that we're not going after me and just accidents we've had we've had come under our excavators tell us listen Hey take it I'm not waiting three days if I had here natural gas pipe it's gonna cost me nine hundred Bucks I'll do it and we're going after those type of people and so. I don't we hope we hope that there is. More complaints against the bad actors because I think that we need it are those people need some type of enforcement to move us from forty eight you know where where there's an issue here that needs to be addressed and we're hoping more enforcement are at least. A real threat of enforcement against bad actors would push us in that direction. Representative arrives you're recognized. Thank you Mr chairman back to this board any. How much did you say that it calls was it five percent no Sir it would be a a up to a five cent per ticket charge on like the utilities for the one call tickets. Okay so it's it's it's not for like to four for most utilities are talking about less than like three thousand a year I think I was told so it's not a big expense by the utilities and that's that is how it the other boards are funded throughout the nation. The representative Brian you're recognized. Yeah I'm just reading through this Is the page two one sixteen. The chapter pretty much goes through actions to recover the penalties provided this section may be brought by the board at the request of any person by filing a complaint with the board the. So currently but if I do would do the procedures and I and I had a line. I'm gonna get a bill from the utility provider to repair the across the line and get get a threatening letter from the attorney general's office that says or or from the current commission Arkansas Commission coming thirty letters says Hey you're on notice if you do this again or or going to find you and so this bill at the request of any person are you are you envisioning this will be brought before by existing utility providers is say this is the second time I've been out there and you will convene the board well we put that for both so it was that easy person so that was clear that contractors are ex excavators could also file complaints with the board you know currently I have to find exactly what but yeah that's just that gives it right now contractors really don't have any recourse if you know the law is contractors call eight one one utilities are supposed to go locating two days if that doesn't happen there's no real recourse against utilities with and we're hoping I think that general contractors association agreed that this would allow them an Avenue to be able to file those complaints to make utilities better and then if utilities obviously want to get contractors and excavators better to so who do you envision that will file complaints to penalize those that that way if I complain to be heard a it could be it could be that utility utilities damage prevention officer or whoever and that utility company handles that sort of thing. Representante FOR you're recognized for a question thank you just a quick question and looking at the very first section about the required training so if somebody violates unit this section the the board is going to require that they go to this training but just thinking about you know this becoming law and all of the sections being acted at the same time the board as established the Board is able to collect funds the funds are used to develop the training but then will it be ready in time in the instance that it would need to be administered to somebody who's who's. Is required to have it E. I think so because that way they can the end that they can partner with one call whose alright already established with certain types of training that we go through and other people go through that violate the law we've also added the oil and gas commission for the you know that we we could be trained through so there are some there's already training mechanisms that they can trust contract with or work with the one call centers a nonprofit and they would they would they would they've said they're glad to provide training while you're waiting on that okay thank you. Three any other questions. Seeing none is anyone that would like to speak against the bill. For the bill. Okay would you like to close for you will. The yes I'm close for the bill and I would just move do pass as amended okay I have a motion do pass as amended any discussion on the motion. Seeing none all in favor say aye. Those opposed say no. Resolution you pass the bill. Thank you committee and we can A representative Pilkington misspelled words in the bill correct. Okay. All right I'll tell you what we have we will be meeting Wednesday we have a we have a full agenda when C. right now we have six bills on the agenda for which I. Yeah.