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23-15-215. Legislative intent concerning § 23-15-214.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-15-215. Legislative intent concerning § 23-15-214.
(a) It is the purpose and intent of the General Assembly in enacting § 23-15-214 to specifically authorize the Arkansas Public Service Commission to make assessments upon interstate pipelines operating within this state and to provide funds to initiate and carry out an effective gas pipeline safety inspection program in order to properly protect the public health and safety of the citizens of this state.
(b) In enacting this section, the General Assembly is aware that:
(1) Recent federal court decisions have specifically upheld the right of states to impose safety assessments upon interstate pipelines;
(2) The United States Department of Transportation has recently designated the commission as its agent for inspection of interstate pipeline facilities located in Arkansas;
(3) The Sixty-Ninth General Assembly, in House Concurrent Resolution No. 95, specifically recognized and declared that the commission can provide effective public safety inspections of interstate gas transmission facilities at far less cost than this service can be provided by federal inspectors and that the future safety of the residents of the State of Arkansas requires the support of the General Assembly to ensure a safety inspection program for such pipelines located in Arkansas; and
(4) Legislation enacted by the United States Congress authorizes federal funds for reimbursement of up to fifty percent (50%) of the annual cost to the state which initiates such a program.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-15-215
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:23-15-215
Source file: gov.ar.code.title.23.odt
Pages: Not recorded – Not recorded
Passage SHA-256: da0c435b1941dfc1cec4b76359faba9bdc6f99cc61445663b26764f65b1c3ca2
Source location: content.xml paragraph 10934
Stored source content
23-15-215. Legislative intent concerning § 23-15-214.
(a) It is the purpose and intent of the General Assembly in enacting § 23-15-214 to specifically authorize the Arkansas Public Service Commission to make assessments upon interstate pipelines operating within this state and to provide funds to initiate and carry out an effective gas pipeline safety inspection program in order to properly protect the public health and safety of the citizens of this state.
(b) In enacting this section, the General Assembly is aware that:
(1) Recent federal court decisions have specifically upheld the right of states to impose safety assessments upon interstate pipelines;
(2) The United States Department of Transportation has recently designated the commission as its agent for inspection of interstate pipeline facilities located in Arkansas;
(3) The Sixty-Ninth General Assembly, in House Concurrent Resolution No. 95, specifically recognized and declared that the commission can provide effective public safety inspections of interstate gas transmission facilities at far less cost than this service can be provided by federal inspectors and that the future safety of the residents of the State of Arkansas requires the support of the General Assembly to ensure a safety inspection program for such pipelines located in Arkansas; and
(4) Legislation enacted by the United States Congress authorizes federal funds for reimbursement of up to fifty percent (50%) of the annual cost to the state which initiates such a program.
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Arkansas Code — all titles (historical 2020) · legal_authorities
23-15-214. Fees — Definition.
(a)(1) There is levied and charged and shall be collected by the Arkansas Public Service Commission an annual assessment fee against each natural gas pipeline transporter, owner, or operator subject to the provisions of this subchapter to provide for the cost of operating the pipeline safety program of the commission.
(2) Each natural gas pipeline transporter, owner, or operator shall pay the annual assessment fee authorized in this section for the pipeline safety program, which shall be in addition to any assessment fee authorized by § 23-3-110. This annual assessment, together with any assessment fee charged under § 23-3-110, shall not exceed in any year an amount in excess of that which could be charged and collected pursuant to § 23-3-110.
(3) All annual assessment fees levied under this section shall be in addition to all property, franchise, license, or other taxes, fees, or charges prescribed by law.
(4)(A) Except for natural gas pipeline facilities consisting of fewer than fifty (50) miles, the annual assessment fee shall be levied and charged in an amount which shall be equivalent to that proportion of the total pipeline safety program's costs that each natural gas pipeline transporter's, owner's, or operator's miles of natural gas pipeline in Arkansas, not including service lines in distribution systems, bear to the total number of miles of natural gas pipeline in Arkansas of all natural gas pipeline transporters, owners, or operators who are subject to the provisions of this section.
(B) Each natural gas transporter, owner, or operator of natural gas pipeline facilities totaling fewer than fifty (50) miles shall pay an annual assessment fee equal to fifteen ten-thousandths (.0015) times the total cost of operating the p
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-15-214
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 23-15-214. This identifies an authority to review, not proof of applicability.