Tennessee 2025-2026 Regular Session

Tennessee House Bill HB0124 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2		-	SENATE BILL 1274
3		-	By Johnson
	2	+	<BillNo> <Sponsor>
4	3
5	4		HOUSE BILL 124
6	5		By Lamberth
7	6
8	7
9	8		HB0124
10	9		000177
11	10		- 1 -
12	11
13	12		AN ACT to amend Tennessee Code Annotated, Title 68,
14	13		Chapter 203, Part 1 and Title 68, Chapter 211,
15	14		Part 1, relative to environmental regulatory
16	15		programs.
17	16
18	17		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
19	18		SECTION 1. Tennessee Code Annotated, Section 68-203-103(b), is amended by
20	19		deleting subdivision (1) and substituting:
21	20		(1) The fees under the Tennessee Safe Drinking Water Act of 1983, compiled in
22	21		chapter 221, part 7 of this title, and the Water Quality Control Act of 1977, compiled in
23	22		title 69, chapter 3, and fees for the production of oil and gas set under title 60, chapter 1,
24	23		part 1, shall be set by the Tennessee board of water quality, oil and gas;
25	24		SECTION 2. Tennessee Code Annotated, Section 68-203-103(b), is amended by
26	25		adding the following as a new subdivision:
27	26		( ) The fees under the Mineral Test Hole Regulatory Act, compiled in title 60,
28	27		chapter 1, part 5, shall be set by the supervisor in accordance with § 60-1-505;
29	28		SECTION 3. Tennessee Code Annotated, Section 68-203-103(h)(7), is amended by
30	29		deleting "eighteen dollars and seventy-five cents ($18.75)" and substituting "thirty-eight dollars
31	30		($38.00)".
32	31		SECTION 4. Tennessee Code Annotated, Section 68-211-103, is amended by adding
33	32		the following as new subdivisions:
34	33		( ) "Coal combustion residuals" means fly ash, bottom ash, boiler slag, and flue
35	34		gas desulfurization materials generated from burning coal for the purpose of generating
36	35		electricity by electric utilities and independent power producers;
37	36
38	37
39	38		- 2 - 000177
40	39
41	40		( ) "Coal combustion residuals disposal unit" means landfills, lateral expansions
42	41		of landfills, surface impoundments, and locations used for the disposal, storage,
43	42		processing, or treatment of coal combustion residuals and minor quantities of other
44	43		associated industrial wastes, such as nonputrescible nonhazardous wastes resulting
45	44		from operations ancillary to power generation, surface impoundment closure, and landfill
46	45		construction;
47	46		SECTION 5. Tennessee Code Annotated, Section 68-203-103(h), is amended by
48	47		deleting subdivision (9) and substituting:
49	48		(9) Filing and processing fees for solid waste landfill permits, except those
50	49		issued to a coal combustion residuals disposal unit, as that term is defined in § 68-211-
51	50		103: ten thousand dollars ($10,000);
52	51		SECTION 6. Tennessee Code Annotated, Section 68-203-103(h), is amended by
53	52		deleting subdivision (11) and substituting:
54	53		(11) Annual maintenance fee for a solid waste landfill, except a coal combustion
55	54		residuals disposal unit, as that term is defined in § 68-211-103: fifteen thousand dollars
56	55		($15,000);
57	56		SECTION 7. Tennessee Code Annotated, Section 68-203-104(d), is amended by
58	57		adding the following as a new subdivision:
59	58		( ) For the division of mineral and geologic resources: environmental protection
60	59		fees, fifty-eight percent (58%); state appropriations, forty-two percent (42%);
61	60		SECTION 8. Tennessee Code Annotated, Section 68-211-106, is amended by deleting
62	61		subsection (j) and substituting:
63	62		(j)
64	63
65	64
66	65		- 3 - 000177
67	66
68	67		(1) The commissioner shall not issue a permit under this section for the
69	68		disposal of coal ash, or for the expansion of an existing coal ash disposal facility,
70	69		unless the plans for the disposal facility include a liner and a final cap.
71	70		(2) This subsection (j) does not apply to:
72	71		(A) The use of coal ash for fill;
73	72		(B) An agricultural use;
74	73		(C) An engineered use as a feedstock to produce a product;
75	74		(D) A wastewater treatment unit; or
76	75		(E) The disposal of coal ash in connection with a use described in
77	76		this subdivision (j)(2) and as authorized by the department pursuant to
78	77		this part.
79	78		(3) This subsection (j) does not prevent the commissioner from issuing a
80	79		permit for the disposal of coal combustion residuals in a coal combustion
81	80		residuals disposal unit in accordance with rules adopted by the board.
82	81		SECTION 9. Tennessee Code Annotated, Title 68, Chapter 211, Part 1, is amended by
83	82		adding the following as a new section:
84	83		(a) The department may recover against a person the department's direct and
85	84		indirect costs, including administrative costs, incurred through the regulation of coal
86	85		combustion residuals disposal units as provided by rules adopted by the board pursuant
87	86		to this part.
88	87		(b) Board rules providing for cost recovery under this section must establish an
89	88		annual cap and may include costs associated with permitting, oversight, supervision,
90	89		investigation, regulation, and remediation activities relative to coal combustion residuals
91	90		disposal units.
92	91
93	92
94	93		- 4 - 000177
95	94
96	95		(c) The department shall not assess fees for coal combustion residuals disposal
97	96		units under title 68, chapter 203, if the department seeks recovery of its costs pursuant
98	97		to this section.
99	98		SECTION 10. This act takes effect upon becoming a law, the public welfare requiring it.