City, County & Local Affairs Committee - Senate

Then this past Monday and basically what it does is S. the holes that are in state highway right away age be excluded from what the intent of the legislation is intended to do and I don't have any objections to that and the I'll be glad to go deeper if you'd like but that's a simple explanation what it's about for any discussion on the amendment. We have a motion to adopt the amendment all those in favor of me second centers under subsection all those in favor say aye. All opposed. Archer amendment is adopted sent to him thank you and per se Mr yes you're recognized thank Mr members of the committee this is not a cleanup bill this is what I refer to to catch up bill the history behind this one bring it to you is one of the cities I represent in my district which has been one night all of a sudden the next morning flag started appearing on some of the utility poles in town a couple nights later some more flexed are shown up on utility poles do not share some more start showing up on the flip on the utility poles in these were American flags which are beautiful I gotta add you know when you drive down the C. the streets of the city it's a it's a beautiful impression when they got to investigating the realize that a citizen of a great citizen was putting these flags on the utility poles which was well and good except for they found out later after the fact there's nothing in law that allows that to be done because Easter utility poles so what this bill does is allows a municipality who owns their own municipal electric company or other services it allows them to have flags placed on the polls we work with the energy and some of the other big utility companies that expressed some concerns about worker safety as far as them just showing up on their poles and so this is limited down to just one segment and that is a municipality that owns their own of Electric Company in this case and they own their own polls it would allow them to put those flags on those poles if and it's permissive that's what the municipality voted to do I would point out it is restricted to just three flags and we restricted it in law to three flags American flag the state flag for the official municipal municipality flag of the city that owns the polls that is specified in the language and so. That's what the bill does Mister chair and I'll be glad to answer any questions and on the to the Amendment that was introduced today when I met with the Highway Department there are federal laws that restrict visibility and so that's why they asked to be excluded from it because it would comply with federal law and that was to me was not a problem. Cardmembers you for an explanation the bill or any any questions. Heart any anyone the audience. I would like to speak for against the bill. March St none chair will entertain a motion. We have a motion to pass as amended. And the second. All those in favor say aye. All opposed. Gradualist centreman. Thank you Mr members a committee. Senator Clark. Senate bill three. Eighty six. But Clark you're recognized to thank you Mr chairman Senate bill three eighty three eighty six. I'm going to a. Thank you Miss go through this I don't think we will take nearly as long on my water bill as we have in past years. The I started in two thousand fifteen this is the fourth session if we were of under old term limits rules of the House members that that part of the bill then would all be gone. and. A during this time uh we created a task force. And that had close to twenty members on it of Jack critter was just reminding me of we met of the entire time interim. not this last Intrum both the between two thousand seventeen two thousand nineteen. And we discovered lots of problems of that none of us were expecting there were six legislators on that task force of all the water provider associations were there which are five of the eighty C. eighty to the health department we had the a citizen member we had a building contractor member of contractor member and we had others. Are we had very very productive meetings it was a very enjoyable task force I thought that it I certainly learned a lot. But one of the things we learned is and I'd have to look back at that report. But we had somewhere in nineteen ninety seven according to the engineers that do those studies and estimates we had close to ten billion dollars of deficit of and. The. Water of. Structure in Arkansas may have been around nine but close to ten. In two thousand seventeen we had double that. We're going the wrong direction very fast in a lot of that was because a lot of folks that serve on these boards and small city councils not business people don't understand long term maintenance don't understand of those in my business you have to replace a forklift every few years you have to replace a truck can't replace that role and so you have to be recouping funds to do that if you're going to stay around. And so this bill has a number of pieces to it it's not a does not cure or water problems by any means but it is a good foundation. It requires eight hours of education. We look at states surrounding Arkansas of and look at what they were doing of an eight hours is not in the middle it's actually on the lower side of but the it is not the lowest but eight hours we we did not they were not gonna required in this bill that every member of a city council if they're the ones running the board or the members of the board get this eight hours of education but a majority because we recognize that most of them are volunteers of and how much the other Thomas is required volunteers to do other things and other places. But that education will both be both and how water system runs and on the financial end of it. We will this also requires an audit this will roll into effect. Of. Over time but this requires a financial audit every five years the it is not just a the CPA top audit it is a water audit there are folks who do this at no charge so will not be a financial burden Ellis my wants to pay for it will not be a financial burden for the systems. And with this audit they will be required to set their rates above at or above with their their cost or they can't set rates below cost that would your part of our problems because at all it will tell them what it does will cost for long term maintenance in replace of the pops on the ground in the pumps in the tanks and all those things. The of. It has some of the pieces in here for a citizens of work it protects city's those many cities traditionally have not wanted to provide water outside their city limits if they do not provide water outside their city limits they do not have to if but first citizen protection if they do provide water outside the city limits. A if they're going to require annexation it must be in the initial agreement they can't come back later and require people annex after they have provided them water in order to get water the and the final piece and I'm sure what couple things out the final piece is representation of it is if a city of this are provides over twenty percent of their customers are outside the city limits then they must create a water advisory board and at least two of the members of must be outside the city limits in the area where they of. provide water. And I'll be happy to take any questions. You for an explanation of bills or any questions. Member center Johnson you're recognized. Thank you Mr. Us Senate Clark First falls very good bill I know how much time you spend on this issue and I tended to further your expertise all all things water related but one of the things that we've been experiencing recently in west Pulaski County is is we're trying to get water out in Ferndale and surrounding areas what kind of an island surrounded by other users or C. A. W. is working on that I'm comfortable with that but in the in observing that I've C. situation for example with the parent always built water system which they have recently absorbed and there were problems that they found both engineering and technical as well as this in other manner but in reading the bill I wondered. I'm sure that their water systems much better than I was bill parent and some much worse they're probably kind of in the middle of whether property but it made me realize that. Ifs these entities are. Let's just say not work not running being run well whether it's because of the aging out I think you mentioned that in the in the bill that people aging out in place you know you start doing this thirty years ago and now you're ready to retire you know that you don't have an heir apparent is is put assist situation kinda like we have with school districts that if you're in distress either in Education stress or fiscal distress the state comes in and taken over is this something the commission does it matter I understand the oversight deal I'm not sure I quite understand the. Not punishment's not the right word the remedies that they have but you know the the. The thing is to make sure that we provide our cans and water yes in the best possible way the this is designed for both Senator Johnson this is on one to help folks to take care of their system locally both with the education of. And the audit so they know what their cost or and so they know what their rates have to be what a. Failed to mention was that disclosed Arkansas natural resource commission we're giving them more teeth in order if people don't comply and don't do the things that they need to do for them to act. but what it will do for us long term is it will separate those that can take care of themselves because most can't most once the they have the audit and they know what is going to cost and and have some help they'll be able to provide their own water it will also show was those in an organized way that in time can't take care of themselves and in which case we would it would be a matter so much of taking them over as them realizing that they're gonna need somebody to to come in but but either way and Tom will figure out which is which so so this mechanism sort of is the Canary in the coal mine it will be the alert to. Potential for problems before they get to the serious problem you need that you need that audit you need to know what it costs to provide water in your area of it and not and then set rates based off without and and then you know. You know whether people can afford it cannot afford it and I think in most cases they can't you know what one the things we heard over and over a print in the task force was but the cost of water in and water being affordable but many of you been to third world countries and you Europe watch of the water delivery system being at a teenage girl tarian five gallons of water for miles and I think the only thing more expensive I think then the water is is not having water and that's that's what we're trying to avoid we have some water systems that are close to failure around the state and how to as we talk about bringing jobs that's with ADC there one the reasons we had eighty six how do we bring jobs how do we being bring jobs in business we don't have the infrastructure and as an infrastructure deteriorates I think it's more more expensive to try to fix it anybody who's in construction understands at the time to time to fix a rule is one of four slicks but forever we catch it we need to now would be better than than later. Thank you Senator Clark thank you Mr. Are any other questions from members. Center court I do remember parts of your other water bill. One of the main distinctions in this bill the other one is this brings about more accountability or transparency. And what about the annexation element of this bill. As a Senate centrist I will build when I wanted to get some water a look my water. Of. The. The. On annexation is actually fairly simple I'll go back again and say that a city of who does not wish to provide water outside their city limits without annexation this bill says absolutely but that remains the case if they do wish to provide water outside their city limits as many do. They can have an agreement that requires future annexation limit annexation whatever it but they have to have that agreement you can't do it open ended late. Provide water and then come back later so what we're not going to hook you up if if you don't annex. The of there's also of there's some things you know as we looked at problems across the state. Of a lot of these you know if there's disputes but we would go to the in our city which they actually have already and then they can be appealed to circuit court as they happen already but the the something that's not in this bill because it's already law but. If. If you want if you're in an area and a and R. C. has a map and it says this area because people have loans they have loans to pay for their infrastructure sector and if they have an area that is designated it's Carlisle road map and so this belongs to this water system this belong to this water system and so you may be out in some cases it may be twenty thirty miles and if you want water. That water system may say. You're in our area but we don't wish to provide you water or if they would normally don't say that to which we just can't provide your water because it's too expensive we don't have water except for a of this bill allows no it also allows the you know if you if you're gonna run the water a half mile mile whatever of that it it's okay that it's at your cost of but if they can't or won't and you have another water provider right there next to you who we would provide you water this bill allows that you can of that you can go to that other water provider I'm not going to tell you that it's going to stop all disputes by any means because I don't think that it will but it is a mechanism to head that direction about because we have had some of lot of political disputes that kept us from moving forward with economic development of. And the the most. The a I think the easiest one to see was the the Jacksonville sure would. where the Jacksonville water area thank provider included part of shore would. Contractor. But we will head was attempting to purchase a property there actually Jacksonville water board which is separate said will provide you water the mayor said we wall of unless you D. N. X. from sure would and become part of Jacksonville sure wins sure would said of course no way of will provide you water we're three quarters mile away but will will run water over there Jacksonville said no you won't because her water it's our water providers no it. A. N. or C. ruled in favor of sure would circuit court eventually did but this bill makes it more clear of that that they had a right to go to shore would if Jacksonville wasn't going to service. AT any other questions from members. Saying no and we have a couple of gentleman to speak for the bill Jack we will come on up and Sentifi yourself for the record. Thank you Mr chairman Jack Kircher Arkansas municipal league I want to say first of all I don't I can't state anything to one Senator Clark said he explained the bill very well we mention the eighteen months of the water task force that was created by his legislation and. thank with fourteen meetings he went through all that and I guess I'll call I'd have to say is you know is is it a perfect meal and course the answer's no but I remember some of those meetings which would begin at nine o'clock and and would go until maybe five thirty and we would spend sometimes two or three hours on one paragraph of the bill so you nine center Clark's mention all the diverse number of People represented to stakeholders represented on the task force but anyway I would just say that it is a I think this bill is as good a bill as we can come up with over a seven year period and I really appreciate Senator Clark's. willingness to persevere and stick with something seven or eight years to to today and see it through and get it right and so you know that half of the five hundred cities in Arkansas we appreciate Senator Clark here efforts in that and I would also be remiss if I didn't mention Garland County Hot Springs and specifically the city manager bill borrow and the county judge garland county judge Darrell Mahoney those two guys really put in countless hours to compromise work together to reach an agreement on this and and I really appreciate the effort of those two and Preciado this committee and again thanks Senator Clark and I would just I thank you all for allowing me to speak to this issue and what I ask you to vote yes on the bill thank you. Hi there any anyone have any questions for Mr Kircher. Thank you Jeff. Works. You want to come up with the information for the record. John Wilkerson Arkansas municipal league and I won't belabor the point by any means and and I obviously we thank you Senator Clark and on behalf of the Arkansas Municipal League but if if it if the chair would mind I do have a letter from the Arkansas Water wastewater's managers association and asset I would read it in support of the bill it's very short if you wouldn't mind going source for heat for the present the Arkansas water wastewater managers association is also the executive director of the Springdale water utilities he said the executive committee the Arkansas water wastewater managers association has recommended to its membership I support support for Senate bill three eighty six by Senator Alan Clark many years of studies discussion and compromise have led to a bill we believe acceptable and helpful to instituting best practices and training for many local utilities including appropriate and timely rate studies assessments evaluation of systems and the ability to share resources if need be this bill also brings together many organizations in the state to provide financing professional development or technical expertise systems that may not be needed in the form of an advisory committee the Arkansas water wastewater menus Association supports a yes vote on this bill and administer work cannot be here because of a longstanding obligations so he asked me to read on his behalf that again I think Senator Clark thank you committee and I would appreciate it yes so thank you thank you John any any questions for miss works. Saying none. Senator Clark you close. Senator so full of of. Begin video for many of you have been here for the fair spots. They have been you know you can't describe all the construction describing some other way but that certainly this problem that we have had in this committee in over the this water bill or similar water bill I appreciate of the Jack Reacher service on the Task force of much of what we accomplished what would not have been accomplished without his cooperation wisdom I was just created the magnanimous way that he was always truthful and and for your and the way he approached it and we truly wouldn't of got to where we got without without him. Of. The along the way. We amended this for Fort Smith we amended it for spring bill will amend it for fate will we amended it for the those cities who at I have their own electric water. Of. Production in some way or another of well we've amended it for hot springs a curling County it is a a textbook for those of you who have our experience in running legislation on how this gets done and I appreciate all those who who work with me and with me and I do mean filed against me because of that so that's how the process works it's never been personal but this is really important for the people of Arkansas and I appreciate all the patience at this committee and then you some of you that have been here through this have shown under this time and I think we've got something file as Jack said not perfect by any means but certainly a good start of for the people of Arkansas that recognizes how important water is all of us and I would I'm closing appreciate a good vote I move do pass heart. I have a motion to pass in a second any discussion. All those in favor say aye. All opposed resolutions Clark. We won this one one more thing Mr. Take that Flippo. The limit let me add one more thing my grand my grand dad drill wells for sixty years with a no not not a rotary rig but in pounder they told me one time before he passed away that that would be a day and and my life for water would be more valuable than gold and sometimes I think you may be right. So with that Senator Ballenger who you're up to present the Senate bill three fifty seven. Okay and I understand you have an amendment. Yes share an amendment just added co sponsors well Preciado good vote on Amendment are. Several motion to adopt the amendment second. In discussion. All those in favor say aye All opposed. Amendment is adopted for the this bills is actually really really simple and it looked some my favorite types of bills because all does it just get rid of a bunch of code so essentially currently there but to places that you can be fined if you carry a centerfire fire weapon load center fire weapon and if you don't have a concealed carry permit these are kind of arbitrary areas my guess is this is not being enforced because ours would have to carry a map and a GPS guidance in order to actually figure out what places are and and are not so it I'd basically happy to answer any questions but it is pretty straightforward and pretty simple and and I kind of feel like more than anything this just sort of clean up bill. You for an explanation of the bill any questions sent to him or you're recognized thank you Mr chairman yeah I see I see that and I I it's it's interesting in there it says in Benton county for instance of all abilities to village. So under the current is there a conflict because you've got a concealed Kerry that authorizes in this which says you can't that wouldn't be it would be a conflict with a concealed carry because this Pacific Lee does not include concealed carry their big conflict with people have constitutional carry bill visibility is interesting example because it doesn't exist anymore so that's been incorporated it now you may they may argue that the area that Delaware bill this bill is used to exist would be would still be covered and that's which you know is just for example that probably needs to be cleaned up so I know for years Bellavista was an area that you could bow hunt but you couldn't rifle hunt right change that so that the the answer would be it depends on whether that was based upon the the covenants and restrictions within Bellavista which I I would imagine probably is when you do apply to subdivision you include those type things and my guess is that probably has more to do with that than it does to do with this legislation. So again we will be I guess what you're saying isn't it if it's by the covenants that is still in effect so can the Graham in its overrule the state law yeah yeah it is because it's it's you know much basically property rights and this what the property understand this what we want done with our property so unless we specifically overrode covenants with something but yeah if you put covenant saying in which happens all the time you know draft evidence for people that want in the neighborhood to discharge a firearm say for and protection or whatever and so they'll they'll put that extra write that into the government's okay. And in this case with with bonus now to city municipality so that part of their own so city ordinance is the deal with the charge of fire on the city passed an ordinance saying only bow hunting in the city limits yes okay. Yeah actually several cities of that your experiences one. anymore questions from members. Anyone in the audience that would like to speak for this bill. Mr Calvert. You come to the table one. Your speak for the bill. Yes Sir for fear for fear of the store and buy yourself a record of all covered I just wanna say this is this is the best type of bill ever I'm calling a friend of mine her body weight built for please I think it's a it's something that need to be passed along time ago. Our. The. Any other questions from members. Senate chair will entertain a moment of symbology closed. I'm close and appreciate a good vote are any of. Motion I have a motion to pass second. As amended. As amended all any discussion. All those in favor say aye. All opposed. Graduations Senator Ballenger bill passes. Are saying the other I see no