§ 22-10-305. Service contracts
A responsible public entity may contract with a private entity for the delivery of services to be provided as part of a qualifying project in exchange for service payments or other consideration that the responsible public entity deems appropriate.
§ 22-10-401. Eminent domain — Dedication
(a) (1) A public entity may exercise its right of eminent domain under applicable law in connection with the development of a qualifying project. (2) The power of eminent domain shall not be delegated to a private entity with respect to a qualifying project commenced or proposed under this chapter. (3) Damages awarded to a […]
§ 22-10-402. Sovereign immunity
This chapter does not: (1) Waive the sovereign immunity of a public entity or the officers or employees of the public entity under state law; or (2) Extend a public entity’s sovereign immunity to any private entity.
§ 22-10-403. Freedom of information
(a) This chapter does not abrogate the obligation of a responsible public entity to comply with the Freedom of Information Act of 1967, § 25-19-101 et seq. (b) (1) However, records that would otherwise be exempt from disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq., including without limitation confidential and […]
§ 22-10-501. Review and approval
(a) The Building Authority Division shall: (1) Review each proposed qualifying project for compliance with the rules promulgated under this chapter; (2) If a proposed qualifying project complies with the rules promulgated under this chapter, assign the qualifying project to the responsible public entity for purposes of issuing a request for proposals or an invitation […]
§ 22-10-502. Arkansas Economic Development Commission — Duties
(a) The Arkansas Economic Development Commission or the Building Authority Division shall promulgate certain rules regarding the definitions and guidelines related to the development of qualifying projects under this chapter within ninety (90) days of August 1, 2017. (b) The guidelines promulgated under this section shall include without limitation: (1) Criteria for selecting qualifying projects […]
§ 22-10-503. Rules
(a) The Arkansas Economic Development Commission or the Building Authority Division and the Arkansas Development Finance Authority shall jointly promulgate rules to administer this chapter, including without limitation rules regarding: (1) Criteria for selecting a qualifying project; (2) Guidelines for a public entity operating under this chapter; (3) Guidelines for monitoring and reporting on qualifying […]
§ 22-10-504. Legal actions heard as preferred cause of action — Appeals
(a) A lawsuit brought concerning the validity of this chapter, bonds issued under this chapter, or the execution and delivery of an interim agreement or comprehensive agreement is of public interest and shall be advanced by the court and heard as a preferred cause of action. (b) An appeal from a judgment or decree rendered […]
§ 22-10-505. Audits — Monitoring and reporting
(a) An account related to the construction, operation, or maintenance of a qualifying project authorized under this chapter shall be audited by the Building Authority Division, the Arkansas Development Finance Authority, and the Chief Fiscal Officer of the State. (b) The division shall: (1) Monitor and report to the Governor, the authority, and the General […]
§ 22-10-202. Request by responsible public entity — Fees — Notice
(a) A responsible public entity may issue a request for proposals or invitation for bids from private entities for the development of a qualifying project using the guidelines adopted under this chapter. (b) The responsible public entity may charge a reasonable, nonrefundable fee to cover the costs of processing, reviewing, and evaluating a proposal or […]