1 | 1 | | |
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2 | 2 | | SENATE BILL 796 |
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3 | 3 | | By Bailey |
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4 | 4 | | |
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5 | 5 | | HOUSE BILL 1174 |
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6 | 6 | | By Williams |
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7 | 7 | | |
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8 | 8 | | |
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9 | 9 | | HB1174 |
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10 | 10 | | 002521 |
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11 | 11 | | - 1 - |
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12 | 12 | | |
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13 | 13 | | AN ACT to amend Tennessee Code Annotated, Title 4 and |
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14 | 14 | | Title 69, Chapter 3, relative to the Tennessee |
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15 | 15 | | board of water quality, oil and gas. |
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16 | 16 | | |
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17 | 17 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
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18 | 18 | | SECTION 1. Tennessee Code Annotated, Section 69-3-104(a), is amended by deleting |
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19 | 19 | | the subsection and substituting: |
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20 | 20 | | (a) |
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21 | 21 | | (1) There is created and established the Tennessee board of water |
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22 | 22 | | quality, oil and gas, referred to as the "board" in this part, to be composed of |
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23 | 23 | | twelve (12) members. |
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24 | 24 | | (2) Effective July 1, 2025, the existing membership of the Tennessee |
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25 | 25 | | board of water quality, oil and gas is vacated and reconstituted, with the following |
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26 | 26 | | new members to be appointed: |
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27 | 27 | | (A) The commissioner of environment and conservation, who is |
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28 | 28 | | the chair of the board; |
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29 | 29 | | (B) The commissioner of health; |
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30 | 30 | | (C) The commissioner of agriculture; and |
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31 | 31 | | (D) Nine (9) citizen members, each appointed by the governor for |
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32 | 32 | | terms of four (4) years. |
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33 | 33 | | (3) Each ex officio member may, by official order filed with the director, |
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34 | 34 | | designate a representative from such member's staff who has the powers and |
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35 | 35 | | are subject to the duties and responsibilities of the ex officio member designating |
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36 | 36 | | |
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37 | 37 | | |
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38 | 38 | | - 2 - 002521 |
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39 | 39 | | |
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40 | 40 | | the representative, except that the representative designated by the |
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41 | 41 | | commissioner of environment and conservation shall not serve as chair. |
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42 | 42 | | (4) The board shall annually elect a vice chair from among its members, |
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43 | 43 | | who shall preside over all meetings at which the chair is not present. |
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44 | 44 | | (5) |
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45 | 45 | | (A) The citizen members of the board must be appointed as |
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46 | 46 | | follows: |
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47 | 47 | | (i) One (1) of the nine (9) citizen members must be from |
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48 | 48 | | the public-at-large. The public member's occupation must not be |
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49 | 49 | | in the same primary area of interest as any other citizen member |
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50 | 50 | | of the board; |
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51 | 51 | | (ii) One (1) member must represent environmental |
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52 | 52 | | interests and may be appointed from lists of qualified persons |
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53 | 53 | | submitted by interested conservation groups, including, but not |
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54 | 54 | | limited to, the Tennessee conservation league; |
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55 | 55 | | (iii) One (1) member must represent counties and may be |
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56 | 56 | | appointed from lists of qualified persons submitted by interested |
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57 | 57 | | county services groups, including, but not limited to, the County |
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58 | 58 | | Services Association; |
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59 | 59 | | (iv) One (1) member must represent agricultural interests |
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60 | 60 | | and may be appointed from lists of qualified persons submitted by |
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61 | 61 | | interested farm business groups, including, but not limited to, the |
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62 | 62 | | Tennessee Farm Bureau; |
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63 | 63 | | (v) One (1) member must represent the municipalities of |
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64 | 64 | | the state and may be appointed from lists of qualified persons |
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65 | 65 | | |
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66 | 66 | | |
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67 | 67 | | - 3 - 002521 |
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68 | 68 | | |
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69 | 69 | | submitted by interested municipal groups, including, but not |
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70 | 70 | | limited to, the Tennessee Municipal League; |
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71 | 71 | | (vi) One (1) member must represent small generators of |
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72 | 72 | | water pollution and may be appointed from lists of qualified |
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73 | 73 | | persons submitted by interested automotive groups, including, but |
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74 | 74 | | not limited to, the Tennessee Automotive Association; |
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75 | 75 | | (vii) One (1) member must represent manufacturing |
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76 | 76 | | industries and have current full-time employment with a |
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77 | 77 | | manufacturing concern in this state, must hold a college degree in |
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78 | 78 | | engineering or the equivalent, and must have at least eight (8) |
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79 | 79 | | years of combined technical training and experience in national |
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80 | 80 | | pollutant discharge elimination system (NPDES) permit |
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81 | 81 | | compliance and management of wastewater or water treatment |
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82 | 82 | | facilities, and may be appointed from lists of qualified persons |
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83 | 83 | | submitted by interested business groups, including, but not limited |
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84 | 84 | | to, the Tennessee Chamber of Commerce and Industry; |
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85 | 85 | | (viii) One (1) member must represent the oil and gas |
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86 | 86 | | industry; and |
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87 | 87 | | (ix) One (1) member must represent oil or gas property |
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88 | 88 | | owners. |
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89 | 89 | | (B) The governor shall consult with the interested groups |
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90 | 90 | | described in subdivision (a)(5)(A) to determine qualified persons to fill the |
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91 | 91 | | citizen member positions on the board. |
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92 | 92 | | (6) Each appointive member must be a resident and domiciliary of this |
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93 | 93 | | state. |
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94 | 94 | | |
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95 | 95 | | |
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96 | 96 | | - 4 - 002521 |
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97 | 97 | | |
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98 | 98 | | (7) A member must not be appointed, unless at the time of the member's |
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99 | 99 | | appointment, the member or the member's employer is in compliance with this |
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100 | 100 | | part as certified by the commissioner. |
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101 | 101 | | (8) The three (3) ex officio members shall hold their positions on the |
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102 | 102 | | board throughout their respective terms and until the appointment of their |
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103 | 103 | | successors as such. |
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104 | 104 | | (9) All appointments of citizen members are for a full four-year term. |
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105 | 105 | | (10) The governor shall remove from the board any appointive member |
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106 | 106 | | who is absent from three (3) consecutive, regularly scheduled meetings. |
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107 | 107 | | (11) Upon the death, resignation, or removal of any appointive member, |
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108 | 108 | | the governor shall appoint some person representing the same area of interest |
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109 | 109 | | as the member whose position has been vacated to fill the unexpired term of |
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110 | 110 | | such member. |
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111 | 111 | | (12) Appointive members continue to serve until a successor has been |
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112 | 112 | | appointed. |
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113 | 113 | | (13) In making appointments to the board, the governor shall strive to |
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114 | 114 | | ensure that the makeup of the board reflect and represent the diversity of |
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115 | 115 | | persons in this state. |
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116 | 116 | | (14) |
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117 | 117 | | (A) Notwithstanding subdivision (a)(9), the initial terms of the |
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118 | 118 | | appointed members of the board terminate as follows: |
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119 | 119 | | (i) The terms of the members appointed under |
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120 | 120 | | subdivisions (a)(5)(A)(i), (ii), and (iii) terminate on June 30, 2027; |
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121 | 121 | | |
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122 | 122 | | |
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123 | 123 | | - 5 - 002521 |
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124 | 124 | | |
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125 | 125 | | (ii) The terms of the members appointed under |
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126 | 126 | | subdivisions (a)(5)(A)(iv), (v), and (vi) terminate on June 30, 2028; |
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127 | 127 | | and |
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128 | 128 | | (iii) The terms of the members appointed under |
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129 | 129 | | subdivisions (a)(5)(A)(vii), (viii) and (ix) terminate on June 30, |
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130 | 130 | | 2029. |
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131 | 131 | | (B) Following the expiration of members' initial terms as |
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132 | 132 | | prescribed in subdivision (a)(14)(A), all appointments to the council are |
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133 | 133 | | for terms of four (4) years and begin on July 1 and terminate on June 30, |
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134 | 134 | | four (4) years thereafter. |
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135 | 135 | | SECTION 2. Tennessee Code Annotated, Section 69-3-104(b)(5), is amended by |
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136 | 136 | | deleting "seven (7)" and substituting "nine (9)". |
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137 | 137 | | SECTION 3. For the purpose of making appointments, this act takes effect upon |
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138 | 138 | | becoming a law, the public welfare requiring it. Section 2 of this act takes effect upon becoming |
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139 | 139 | | a law, the public welfare requiring it. For all other purposes, this act takes effect July 1, 2025, |
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140 | 140 | | the public welfare requiring it. |
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