TO AUTHORIZE THE INTRODUCTION OF A NONAPPROPRIATION BILL TO REQUIRE A DIGITAL ASSET MINING BUSINESS TO PAY A FEE FOR EXTRAORDINARY ELECTRICAL ENERGY USAGE AND TO IMPLEMENT OVERSIGHT PROCEDURES.
HR 1009 is a House resolution authorizing introduction of a separate nonappropriation bill that would amend the Arkansas Data Centers Act of 2023. The proposed bill would impose annual fees on digital asset mining businesses and other blockchain-network businesses based on extraordinary electrical energy usage, with fee amounts escalating from $25,000 to $100,000 depending on the megawatt range used in a calendar month. It also requires new operators to submit a good-faith estimate of future electricity use and anticipated fees before beginning operations, then later reconcile that estimate with actual usage after one year.
The proposal further creates oversight and enforcement procedures. The Department of Energy and Environment would receive usage reports, issue refunds for overpayments, and could assess penalties for knowingly false material statements. False statements could also trigger criminal liability, including a Class A misdemeanor for a first offense and a Class D felony for repeat offenses. Fee revenue would be split among the State Securities Department, the Attorney General’s Office, and the Department of Energy and Environment for oversight, fraud investigation, and energy-usage monitoring, and the department would be directed to adopt implementing rules by January 1, 2027.
If enacted as described, the bill would add a new section to Arkansas Code Title 14 governing digital asset mining and blockchain-related businesses, creating a state fee tied to high electricity consumption and establishing reporting, audit, refund, and penalty provisions. It would expand the regulatory role of the Department of Energy and Environment and direct portions of collected fees to the State Securities Department and Attorney General for enforcement and investigation purposes, while also requiring rulemaking and legislative review of those rules.
The available record shows no committee transcript or recorded votes, so there is no documented floor or committee debate to gauge support or opposition. The bill itself suggests a policy approach focused on oversight, energy-cost recovery, and fraud prevention rather than encouragement of digital asset mining, and its failure to advance is reflected in its final status of dying in House Committee at sine die adjournment.
The main points of likely contention are the imposition of substantial new fees on digital asset mining operations, the broad oversight and monitoring authority given to state agencies, and the criminal penalties for false reporting. Supporters would likely emphasize electricity-grid impacts, consumer or investor protection, and enforcement against fraud or illegal activity, while opponents would likely argue that the measure targets a lawful industry, increases operating costs, and could discourage investment or expansion in Arkansas. Because there were no recorded discussions, the specific positions of legislators are not documented in the provided materials.