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State of Arkansas 1
95th General Assembly 2
Fiscal Session, 2026 HR 1009 3
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By: Representative McNair 5
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HOUSE RESOLUTION 8
TO AUTHORIZE THE INTRODUCTION OF A NONAPPROPRIATION 9
BILL TO REQUIRE A DIGITAL ASSET MINING BUSINESS TO 10
PAY A FEE TO THE DEPARTMENT OF ENERGY AND ENVIRONMENT 11
FOR EXTRAORDINARY ELECTRICAL ENERGY USAGE AND TO 12
IMPLEMENT OVERSIGHT AND MONITORING PROCEDURES FOR A 13
DIGITAL ASSET MINING BUSINESS. 14
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Subtitle 17
TO AUTHORIZE THE INTRODUCTION OF A 18
NONAPPROPRIATION BILL TO REQUIRE A 19
DIGITAL ASSET MINING BUSINESS TO PAY A 20
FEE FOR EXTRAORDINARY ELECTRICAL ENERGY 21
USAGE AND TO IMPLEMENT OVERSIGHT 22
PROCEDURES. 23
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BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIFTH GENERAL 26
ASSEMBLY OF THE STATE OF ARKANSAS: 27
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THAT Senator King is authorized to introduce a bill which as introduced 29
will read substantially as follows: 30
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"Title 32
AN ACT TO AMEND THE ARKANSAS DATA CENTERS ACT OF 2023; TO REQUIRE A DIGITAL 33
ASSET MINING BUSINESS TO PAY A FEE TO THE DEPARTMENT OF ENERGY AND 34
ENVIRONMENT FOR EXTRAORDINARY ELECTRICAL ENERGY USAGE; TO IMPLEMENT OVERSIGHT 35
AND MONITORING PROCEDURES FOR A DIGITAL ASSET MINING BUSINESS; AND FOR OTHER 36
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PURPOSES. 1
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Subtitle 3
TO REQUIRE A DIGITAL ASSET MINING BUSINESS TO PAY A FEE TO THE DEPARTMENT OF 4
ENERGY AND ENVIRONMENT FOR EXTRAORDINARY ELECTRICAL ENERGY USAGE. 5
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 7
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SECTION 1. Arkansas Code Title 14, Chapter 1, Subchapter 6, is amended 9
to add an additional section to read as follows: 10
14-1-607. Digital asset mining business — Extraordinary electrical 11
energy usage fee — Oversight and monitoring procedures. 12
(a) A digital asset mining business or business utilizing a blockchain 13
network that is in operation as of the effective date of this act shall pay a 14
fee to the Department of Energy and Environment on an annual basis for each 15
instance of extraordinary electrical energy usage generated during the 16
preceding calendar year according to the following scale: 17
(1) Twenty-five thousand dollars ($25,000) for each one megawatt 18
(1 MW) to two and forty-nine hundredths megawatts (2.49 MW) of electrical 19
energy in any given calendar month of the preceding calendar year; 20
(2) Fifty thousand dollars ($50,000) for each two and five-21
tenths megawatts (2.5 MW) to four and ninety-nine hundredths megawatts (4.99 22
MW) of electrical energy in any given calendar month of the preceding 23
calendar year; 24
(3) Seventy-five thousand dollars ($75,000) for each five 25
megawatts (5 MW) to ten megawatts (10 MW) of electrical energy in any given 26
calendar month of the preceding calendar year; and 27
(4) One hundred thousand dollars ($100,000) for each use of more 28
than ten megawatts (10 MW) of electrical energy in any given calendar month 29
of the preceding calendar year. 30
(b)(1) If a digital asset mining business or business utilizing a 31
blockchain network begins operation after the effective date of this act, 32
before the digital asset mining business or business utilizing a blockchain 33
network begins consuming electrical energy at the site of its operation, the 34
digital asset mining business or business utilizing a blockchain network 35
shall: 36
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(A) Prepare a good faith estimate of what the digital 1
asset mining business or business utilizing a blockchain network's electrical 2
energy usage for the next following calendar year will be; and 3
(B) Submit the following to the Department of Energy and 4
Environment: 5
(i) Any applicable fees that the digital asset 6
mining business or business utilizing a blockchain network believes in good 7
faith would apply to the digital asset mining business or business utilizing 8
a blockchain network under subsection (a) of this section; and 9
(ii) A good faith estimate of anticipated electrical 10
energy usage of the digital asset mining business or the business utilizing a 11
blockchain network. 12
(2)(A) Within thirty (30) days after a digital asset mining 13
business or business utilizing a blockchain network has completed one (1) 14
calendar year of electrical energy consumption at the site of the operation 15
of the digital asset mining business or business utilizing a blockchain 16
network under subdivision (b)(1) of this section, the digital asset mining 17
business or business utilizing a blockchain network shall provide to the 18
Department of Energy and Environment: 19
(i) An attestation that the estimate provided in 20
subdivision (b)(1) of this section was accurate or, if underestimated, that 21
there was more electrical energy consumption than estimated; 22
(ii) A full and accurate documentation showing the 23
actual electrical energy usage of the digital asset mining business or 24
business utilizing a blockchain network for the preceding calendar year; and 25
(iii) The applicable fees required under subsection 26
(a) of this section. 27
(B) If a digital asset mining business or business 28
utilizing a blockchain network overestimated its electrical energy usage 29
under subdivision (b)(1)(A) of this section and overpaid the Department of 30
Energy and Environment under subdivision (b)(1)(B) of this section, the 31
Department of Energy and Environment, within thirty calendar (30) days of 32
receipt of the attestation and documentation under subdivision (b)(2)(A) of 33
this section, shall provide a refund of the difference to the digital asset 34
mining business or business utilizing a blockchain network. 35
(3)(A) If through audit or other means the Department of Energy 36
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and Environment gains actual knowledge that a digital asset mining business 1
or business utilizing a blockchain network has knowingly made a false 2
material statement under subdivision (b)(2)(A) of this section, the 3
Department of Energy and Environment may assess penalties against the digital 4
asset mining business or business utilizing a blockchain network of no less 5
than twenty-five thousand dollars ($25,000) per violation. 6
(B) A digital asset mining business or business utilizing 7
a blockchain network that has knowingly made a false material statement under 8
subdivision (b)(2)(A) of this section upon conviction is guilty of a: 9
(i) Class A misdemeanor for a first offense; and 10
(ii) Class D felony for a second or subsequent 11
offense. 12
(c) The proceeds from the extraordinary electrical energy usage fee 13
under subsection (a) of this section shall be disbursed as follows: 14
(1) Fifty percent (50%) to the State Securities Department, to a 15
cash fund deposited into the State Treasury as determined by the Chief Fiscal 16
Officer of the State, to be used exclusively for: 17
(A) Personal services and operating expenses; and 18
(B) Oversight and monitoring of digital asset mining 19
businesses for fraud or other illegal activities; 20
(2) Twenty-five percent (25%) to the Office of the Attorney 21
General, to a cash fund deposited into the State Treasury as determined by 22
the Chief Fiscal Officer of the State, to be used exclusively for: 23
(A) Personal services and operating expenses; and 24
(B) Oversight and monitoring of digital asset mining 25
businesses and businesses utilizing a blockchain network for fraud or other 26
illegal activities, including without limitation investigation into state and 27
national security concerns; and 28
(3) Twenty-five percent (25%) to the Department of Energy and 29
Environment, to a cash fund deposited into the State Treasury as determined 30
by the Chief Fiscal Officer of the State, to be used exclusively for: 31
(A) Personal services and operating expenses; and 32
(B) Oversight and monitoring of digital asset mining 33
businesses for concerns related to energy usage. 34
(d) The Department of Energy and Environment shall promulgate rules to 35
implement this section. 36
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SECTION 2. DO NOT CODIFY. Rules implementing this act. 2
(a) When adopting the initial rules to implement this act, the final 3
rule shall be filed with the Secretary of State for adoption under § 25-15-4
204(f): 5
(1) On or before January 1, 2027; or 6
(2) If approval under § 10-3-309 has not occurred by January 1, 7
2027, as soon as practicable after approval under § 10-3-309. 8
(b) The Department of Energy and Environment shall file the proposed 9
rule with the Legislative Council under § 10-3-309(c) sufficiently in advance 10
of January 1, 2027, so that the Legislative Council may consider the rule for 11
approval before January 1, 2027." 12
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