HR 1013

1 State of Arkansas
2 95th General Assembly
3 Fiscal Session, 2026  HR 1013
4
5 By: Representative McNair
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8HOUSE RESOLUTION
9TO AUTHORIZE THE INTRODUCTION OF A NONAPPROPRIATION
10BILL TO AMEND THE REQUIREMENTS THAT A DIGITAL ASSET
11MINING BUSINESS OR BUSINESS UTILIZING A BLOCKCHAIN
12NETWORK MUST COMPLY WITH; AND TO AMEND THE AUTHORITY
13OF A LOCAL GOVERNMENT WITH RESPECT TO A DIGITAL ASSET
14MINING BUSINESS OR INDIVIDUAL ENGAGING IN HOME
15DIGITAL ASSET MINING.
16
17
18Subtitle
19TO AUTHORIZE THE INTRODUCTION OF A
20NONAPPROPRIATION BILL TO AMEND THE
21REQUIREMENTS FOR A DIGITAL ASSET MINING
22BUSINESS AND AMEND THE AUTHORITY OF A
23LOCAL GOVERNMENT WITH RESPECT TO A
24DIGITAL ASSET MINING BUSINESS.
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26
27 BE IT RESOLVED BY THE SENATE OF THE NINETY-FIFTH GENERAL ASSEMBLY OF THE
28 STATE OF ARKANSAS:
29
30THAT Senator King is authorized to introduce a bill which as introduced
31 will read substantially as follows:
32
33 "Title
34 AN ACT TO AMEND THE ARKANSAS DATA CENTERS ACT OF 2023; TO AMEND THE
35 REQUIREMENTS THAT A DIGITAL ASSET MINING BUSINESS OR BUSINESS UTILIZING A
36 BLOCKCHAIN NETWORK MUST COMPLY WITH; TO AMEND THE AUTHORITY OF A LOCAL
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1 GOVERNMENT WITH RESPECT TO A DIGITAL ASSET MINING BUSINESS OR INDIVIDUAL
2 ENGAGING IN HOME DIGITAL ASSET MINING; AND FOR OTHER PURPOSES.
3
4 Subtitle
5 TO AMEND THE ARKANSAS DATA CENTERS ACT OF 2023; AND TO AMEND THE REQUIREMENTS
6 FOR A DIGITAL ASSET MINING BUSINESS OR BUSINESS USING A BLOCKCHAIN NETWORK.
7
8 BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
9
10      SECTION 1.    Arkansas Code § 14-1-601 is amended to read as follows:
11      14-1-601. Title.
12      This subchapter shall be known and may be cited as the “Arkansas Data
13 Centers Act of 2023 Digital Asset Mining Act".
14
15      SECTION 2.    Arkansas Code § 14-1-602 is repealed.
16      14-1-602. Legislative findings and intent.
17      (a)    The General Assembly finds that:
18(1)   The data centers industry began its modern version in the
19 1980s, and the industry has seen accelerated growth since 2008;
20(2)   Data centers have seen global growth with the expansion of
21 bandwidth, the need for analytical data research, and digital currency;
22(3)   Data centers, digital currency, and blockchain technology
23 are legal in all fifty (50) states; and
24(4)   Guidance for future industry growth is needed in Arkansas to
25 protect Arkansans from fraudulent business practices.
26      (b)    Through the enactment of this subchapter, the General Assembly
27 intends to recognize that data centers create jobs, pay taxes, and provide
28 general economic value to local communities and this state.
29
30      SECTION 3.    Arkansas Code § 14-1-603(10), concerning the definition of
31 "ordinance" under the Arkansas Data Centers Act of 2023, is repealed.
32      (10)   “Ordinance” means an ordinance, resolution, or other appropriate
33 legislative enactment of a legislative body;
34
35      SECTION 4.    Arkansas Code § 14-1-604 is amended to read as follows:
36      14-1-604. Digital asset mining — Operations — Definition.
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1      (a)   A digital asset mining business or business utilizing a blockchain
2 network may operate in this state Arkansas if the digital asset mining
3 business or business utilizing a blockchain network complies with:
4(1)   Complies with:
5(A)   Any ordinance;
6(2)(B)     Any rule or rate for utility service provided by or
7 on behalf of a public entity; and
8(3)(C)     State and federal law; and
9(2)   Pays all applicable state, county, city, and government
10 taxes and fees in forms of currency acceptable to those entities.
11      (b)   A digital asset miner shall:
12(1)   Pay applicable taxes and government fees in acceptable forms
13 of currency; and
14(2)   Operate in a manner that causes no stress on an electric
15 public utility's or water system's generation capabilities or transmission
16 network; and
17(3)(2)     Apply noise-reduction techniques, including without
18 limitation:
19(A)   Using liquid cooling or submerged cooling;
20(B)(i)     Fully enclosing the envelope.
21(ii)(a)     As used in subdivision (b)(3)(B)(i)
22 (b)(2)(B)(i) of this section, “fully enclosing the envelope” means enfolding
23 the envelope where noise from the operation of a digital asset mining
24 business is directly produced around all sides, including above and below the
25 equipment producing the noise, with material that is reasonably calculated by
26 industry standards to reduce noise emissions to a level that is acceptable to
27 a reasonable person under similar circumstances.
28(b)    Except as provided in subdivision
29 (b)(3)(B)(ii)(c) (b)(2)(B)(ii)(c) of this section, “fully enclosing the
30 envelope” does not include utilizing a passively cooled premanufactured
31 container without additionally enclosing the system in a complete envelope.
32(c)    A digital asset mining business may use a
33 passively cooled premanufactured container without additionally enclosing the
34 system in a complete envelope if the digital asset mining business locates or
35 relocates under subdivision (b)(3)(C) (b)(2)(C) of this section; or
36(C)   Upon approval by the local government, locating or
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1 relocating to:
2(i)    A minimum of two thousand feet (2,000′) from the
3 nearest residential or commercial use structure; or
4(ii)    An area zoned for industrial use or an
5 otherwise approved use.
6      (c)     An individual may utilize a node in this state for the purpose of
7 operating:
8(1)   Operating home digital asset mining at the individual's
9 residence according to applicable utility rules and rates; and
10(2)   Permitting requirements set forth by a local government
11 under § 14-1-605.
12      (d)     A person may have a digital asset mining business in an area that
13 is zoned for industrial use that has not been designated by the local
14 government for other uses.
15      (e)     A person that is engaged in home digital asset mining or that has
16 a digital asset mining business shall not be considered a money transmitter
17 under the Uniform Money Services Act, § 23-55-101 et seq.
18      (f)(d)      A local government shall not pass an ordinance that:
19(1)   Prohibits an individual from engaging in home digital asset
20 mining; or
21(2)   Requires an individual to obtain approval from a local
22 government before engaging in home digital asset mining.
23      (g)(1)(e)(1)      A person who owns land within two thousand feet (2,000′)
24 of the nearest property line of a digital asset mining business may commence
25 an action in a circuit court with proper jurisdiction over the digital asset
26 mining business to enforce the noise reduction techniques required under
27 subdivision (b)(3) (b)(2) of this section.
28(2)   A person who prevails in an action commenced under
29 subdivision (g)(1) (e)(1) of this section may be awarded reasonable
30 attorney's fees and costs.
31
32      SECTION 5.      Arkansas Code § 14-1-605 is amended to read as follows:
33      14-1-605. Discrimination against digital asset mining business
34 prohibited Digital asset mining — Regulation by local governments and
35 Arkansas Public Service Commission.
36      (a)     Except as provided by subsection (d) of this section, a A local
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1 government shall not may:
2(1)   Enact or adopt an ordinance, policy, or action that limits
3 the sound decibels generated from:
4(A)   Digital asset mining; or
5(B)   Home digital asset mining;
6(2)   Impose a different requirement for a digital asset mining
7 business or business utilizing a blockchain network than is applicable to any
8 requirement for a data center;
9(3)   rezone Rezone an area in which a digital asset mining
10 business is located without complying with applicable state law and local
11 zoning ordinances; or
12(4)   Require an individual to obtain a permit to engage in home
13 digital asset mining.
14      (b)     A digital asset mining business may appeal a change in zoning of
15 an area by a local government under any applicable state law or local zoning
16 ordinance.
17      (c)     If consistent with applicable state and federal statutes, orders,
18 rules, and regulations, including without limitation §§ 23-3-114 and 23-4-
19 103, the Arkansas Public Service Commission shall not may establish an
20 unreasonably discriminatory a rate for a digital asset mining business
21 customer utilizing a blockchain network.
22      (d)     The prohibitions under subsection (a) of this section do not apply
23 to any rule or rate for utility service provided by or on behalf of a public
24 entity The commission shall promulgate rules to implement this section."
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