| 4 | 3 | | |
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| 5 | 4 | | HOUSE BILL 946 |
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| 6 | 5 | | By Brooks |
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| 7 | 6 | | |
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| 8 | 7 | | |
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| 9 | 8 | | HB0946 |
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| 10 | 9 | | 002295 |
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| 11 | 10 | | - 1 - |
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| 12 | 11 | | |
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| 13 | 12 | | AN ACT to amend Tennessee Code Annotated, Title 5; |
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| 14 | 13 | | Title 6; Title 7; Title 13; Title 54; Title 65 and Title |
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| 15 | 14 | | 68, relative to high energy use facilities. |
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| 16 | 15 | | |
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| 17 | 16 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
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| 18 | 17 | | SECTION 1. Tennessee Code Annotated, Title 13, Chapter 7, is amended by adding |
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| 19 | 18 | | the following as a new part: |
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| 20 | 19 | | 13-7-701. Definitions. |
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| 21 | 20 | | As used in this section, unless context requires otherwise: |
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| 22 | 21 | | (1) "High energy use facility" or "HEUF" means a project requiring one hundred |
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| 23 | 22 | | megawatts (100 MW) or more of electrical power from an electric utility providing retail |
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| 24 | 23 | | service to the facility, and includes a data center project requiring one hundred |
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| 25 | 24 | | megawatts (100 MW) or more of electrical power from an electric utility providing retail |
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| 26 | 25 | | service to the facility; |
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| 27 | 26 | | (2) "Locality" means a county, municipal, or other local governing body with |
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| 28 | 27 | | jurisdiction over zoning, permitting, regulations, and ordinances; |
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| 29 | 28 | | (2) "Special exception" means a use of real property that is not permitted in a |
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| 30 | 29 | | particular zoning district, except by means of a special use permit, variance, rezoning |
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| 31 | 30 | | application, or other legislative or administrative action; and |
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| 32 | 31 | | (3) "Special use permit" means a permit issued by a locality or state-level |
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| 33 | 32 | | agency that authorizes a special exception. |
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| 34 | 33 | | 13-7-702. Site assessments. |
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| 35 | 34 | | (a) |
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| 36 | 35 | | |
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| 37 | 36 | | |
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| 38 | 37 | | - 2 - 002295 |
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| 39 | 38 | | |
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| 40 | 39 | | (1) Prior to the approval of a rezoning request, special exception, or special use |
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| 41 | 40 | | permit for the siting of a new HEUF, a locality must require the applicant to perform and |
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| 42 | 41 | | submit a site assessment to examine the sound profile of the HEUF on residential areas |
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| 43 | 42 | | and schools within five hundred feet (500') of the HEUF property. |
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| 44 | 43 | | (2) A locality may require that a site assessment examine the effects of the |
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| 45 | 44 | | proposed HEUF facility on water, agricultural resources, parks, registered historic sites, |
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| 46 | 45 | | and forestland located on the HEUF site or immediately contiguous land. |
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| 47 | 46 | | (3) A locality may request that permitting procedures, if any are required, and |
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| 48 | 47 | | site assessments be conducted with guidance and oversight from the department of |
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| 49 | 48 | | environment and conservation. |
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| 50 | 49 | | (b) Prior to the approval of a rezoning request, special exception, or special use permit |
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| 51 | 50 | | for the siting of a new HEUF, a locality must require the electric utility providing retail service to |
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| 52 | 51 | | the new HEUF to submit a site assessment to the locality describing: |
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| 53 | 52 | | (1) New electric generating units that will be required within the jurisdiction to |
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| 54 | 53 | | serve the project; |
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| 55 | 54 | | (2) New or existing substations that will be used to serve the HEUF; and |
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| 56 | 55 | | (3) The anticipated transmission voltage required to serve the HEUF. |
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| 57 | 56 | | (c) Site assessments submitted to a locality under subsections (a) and (b) must be used |
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| 58 | 57 | | by the locality to assess consistency with the policies of the locality's comprehensive plan and |
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| 59 | 58 | | compliance with the locality's noise ordinances, zoning ordinances, and other applicable laws |
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| 60 | 59 | | and regulations. |
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| 61 | 60 | | (d) This part does not apply to a site with existing local, legislative, or administrative |
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| 62 | 61 | | approval where an applicant is seeking an expansion or modification of an already existing or |
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| 63 | 62 | | approved facility, and such expansion does not exceed an additional one hundred megawatts |
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| 64 | 63 | | (100 MW) or more of electrical power. |
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| 65 | 64 | | |
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| 66 | 65 | | |
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| 67 | 66 | | - 3 - 002295 |
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| 68 | 67 | | |
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| 69 | 68 | | (e) This section does not repeal or modify the regulatory authority of any administrative |
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| 70 | 69 | | agency, nor any federal, state, or local law. |
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| 71 | 70 | | (f) This section does not repeal or modify an existing locality's authority to regulate |
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| 72 | 71 | | zoning or permitting, or to issue ordinances within the locality's jurisdiction. |
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| 73 | 72 | | SECTION 2. The headings in this act are for reference purposes only and do not |
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| 74 | 73 | | constitute a part of the law enacted by this act. However, the code commission is requested to |
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| 75 | 74 | | include the headings in any compilation or publication containing this act. |
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| 76 | 75 | | SECTION 3. This act takes effect upon becoming a law, the public welfare requiring it. |
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