Tennessee 2025-2026 Regular Session

Tennessee Senate Bill SB0132 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	<BillNo> <Sponsor>
3	3
4	4	SENATE BILL 132
5	5	By Walley
6	6
7	7
8	8	SB0132
9	9	000156
10	10	- 1 -
11	11
12	12	AN ACT to amend Tennessee Code Annotated, Title 5;
13	13	Title 6; Title 7, Chapter 51 and Title 65, Chapter
14	14	17, relative to utility facilities.
15	15
16	16	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
17	17	SECTION 1. Tennessee Code Annotated, Section 7-51-2202(e), is amended by
18	18	deleting the subsection and substituting:
19	19	This section does not expand or alter the regulation of utility facility siting
20	20	provided in title 65, chapter 17.
21	21	SECTION 2. Tennessee Code Annotated, Section 65-17-101(1)(A), is amended by
22	22	deleting "wind energy" and substituting "utility".
23	23	SECTION 3. Tennessee Code Annotated, Section 65-17-101(1)(B), is amended by
24	24	deleting "wind and environmental analysis" wherever it appears and substituting "wind, solar,
25	25	and environmental analysis".
26	26	SECTION 4. Tennessee Code Annotated, Section 65-17-101(6), is amended by
27	27	deleting "wind turbine" and substituting "wind turbine or solar array".
28	28	SECTION 5. Tennessee Code Annotated, Section 65-17-101(7)(A) and (B), are
29	29	amended by deleting "wind energy" wherever it appears and substituting "utility".
30	30	SECTION 6. Tennessee Code Annotated, Section 65-17-101(10), is amended by
31	31	deleting "wind energy" wherever it appears and substituting "utility".
32	32	SECTION 7. Tennessee Code Annotated, Section 65-17-101(11), is amended by
33	33	deleting "wind turbine" and substituting "wind turbine or solar array".
34	34	SECTION 8. Tennessee Code Annotated, Section 65-17-101, is amended by inserting
35	35	the following new subdivisions:
36	36
37	37
38	38	- 2 - 000156
39	39
40	40	( )
41	41	(A) "Solar energy facility" means, collectively, a device or structure, or
42	42	series thereof, that provides for the collection of solar energy for electricity
43	43	generation, together with all facilities and equipment, other than any facility or
44	44	equipment owned by a public utility, as defined by § 65-4-101, located proximate
45	45	to and in support of the operation of such electricity generation device or
46	46	structure, including, without limitation, all underground and aboveground
47	47	electrical collection, distribution, and transmission lines; inverters; transformers;
48	48	substations; energy storage facilities; telecommunications equipment and
49	49	communication lines; meteorological towers; maintenance yards; switchgear;
50	50	fences; and foundations supporting other components of the solar power facility;
51	51	and
52	52	(B) "Solar energy facility" does not include:
53	53	(i) A solar-generating device or structure that is less than five
54	54	megawatts (5 MW) in size, measured in alternating current at the point of
55	55	interconnection to the electrical grid, unless the application of this part is
56	56	expressly provided for in a solar energy facility agreement; or
57	57	(ii) Equipment that, when installed in connection with a dwelling,
58	58	transmits or uses solar energy to produce energy in a useful form for
59	59	residential purposes;
60	60	( ) "Solar energy facility expansion" means any activity that:
61	61	(A) Adds or substantially modifies a solar energy facility, including
62	62	increasing the number of transmission facilities, or other equipment; or
63	63	(B) Increases the footprint of the solar energy facility;
64	64
65	65
66	66	- 3 - 000156
67	67
68	68	( ) "Utility facility" means a solar energy facility, wind energy facility, or wind
69	69	energy facility or solar energy facility expansion;
70	70	SECTION 9. Tennessee Code Annotated, Section 65-17-102(a), is amended by
71	71	deleting "wind energy" and substituting "utility".
72	72	SECTION 10. Tennessee Code Annotated, Section 65-17-102(b), is amended by
73	73	deleting "wind energy" and substituting "utility".
74	74	SECTION 11. Tennessee Code Annotated, Section 65-17-102, is amended by adding
75	75	the following new subsections:
76	76	( ) This chapter does not apply in a local government jurisdiction that has
77	77	adopted regulations related to the siting of solar energy facilities in the jurisdiction on or
78	78	before July 1, 2025.
79	79	( ) This chapter does not apply to any solar energy facility located in this state
80	80	that was constructed prior to July 1, 2025.
81	81	SECTION 12. Tennessee Code Annotated, Section 65-17-104, is amended by deleting
82	82	"wind energy" wherever it appears and substituting "utility".
83	83	SECTION 13. Tennessee Code Annotated, Section 65-17-105(a), is amended by
84	84	deleting "wind energy" wherever it appears and substituting "utility".
85	85	SECTION 14. Tennessee Code Annotated, Section 65-17-105(c), is amended by
86	86	deleting "wind energy" wherever it appears and substituting "utility".
87	87	SECTION 15. Tennessee Code Annotated, Section 65-17-105(d), is amended by
88	88	deleting "wind energy" wherever it appears and substituting "utility".
89	89	SECTION 16. Tennessee Code Annotated, Section 65-17-105(e)(1), is amended by
90	90	deleting the subdivision and substituting:
91	91	The local legislative body may adopt local legislation with any condition, criteria,
92	92	or other provision it deems necessary for establishing regulations or granting a permit for
93	93
94	94
95	95	- 4 - 000156
96	96
97	97	the construction, operation, or redevelopment of a utility facility or utility facility
98	98	expansion under this chapter. The local legislative body may issue a permit for a
99	99	general boundary, and the utility facility may elect to move the planned locations of a
100	100	utility facility or other utility facility component after permit approval; provided, that the
101	101	locations must not be moved outside of the permitted boundary and must comply with all
102	102	other requirements pursuant to this chapter. The local legislative body may also institute
103	103	utility facility design conditions for granting a permit in order to comply with any
104	104	conditional approval from the wildlife resources agency and to mitigate potential impacts,
105	105	as identified by the local legislative body or local agency.
106	106	SECTION 17. Tennessee Code Annotated, Section 65-17-105(e)(2)(A), is amended by
107	107	deleting the subdivision and substituting:
108	108	(A)
109	109	(i) The minimum setback for any wind turbine of a utility facility from any
110	110	non-participating landowner's property line be equal to three and one-half (3.5)
111	111	times the total height of the turbine structure as measured from the ground at its
112	112	base to the maximum height of the blade tip; except, that a non-participating
113	113	landowner may elect to sign a waiver to allow any wind turbine or group of
114	114	turbines of a utility facility to be placed up to one and one-tenth (1.1) times the
115	115	total height of the turbine structure as measured from the ground at its base to
116	116	the maximum height of the blade tip from the landowner's property line;
117	117	(ii) The minimum setback for any solar array of a utility facility from any
118	118	non-participating landowner's property line be equal to three and one-half (3.5)
119	119	times the total width or depth of the solar array, whichever is greater; except, that
120	120	a non-participating landowner may elect to sign a waiver to allow any solar array
121	121	or group of arrays of a utility facility to be placed up to one and one-tenth (1.1)
122	122
123	123
124	124	- 5 - 000156
125	125
126	126	times the width or depth of the solar array, whichever is greater, from the
127	127	landowner's property line;
128	128	SECTION 18. Tennessee Code Annotated, Section 65-17-105(e)(2)(B), is amended by
129	129	deleting "wind energy" and substituting "utility".
130	130	SECTION 19. Tennessee Code Annotated, Section 65-17-105(e)(2)(B)(v), is amended
131	131	by deleting the subdivision and substituting:
132	132	(v) Risk assessment and mitigation recommendations for:
133	133	(a) Shadow flicker and incidents, such as wind turbine fires, structural
134	134	damage or failure, ice and blade throw, and hazardous material spills; and
135	135	(b) Arc flashes, including arc flash burn and blast hazards; electric shock;
136	136	and thermal burn hazards; and
137	137	SECTION 20. Tennessee Code Annotated, Section 65-17-105(e)(2)(C), is amended by
138	138	deleting "wind energy" and substituting "utility".
139	139	SECTION 21. Tennessee Code Annotated, Section 65-17-105(e)(2)(E)(i), is amended
140	140	by deleting "wind energy" and substituting "utility".
141	141	SECTION 22. Tennessee Code Annotated, Section 65-17-105(e)(2)(F), is amended by
142	142	deleting the subdivision and substituting:
143	143	(F)
144	144	(i) Any wind turbine or solar array of a utility facility that ceases to generate
145	145	electricity for one hundred eighty (180) continuous days must be decommissioned or
146	146	removed, unless the termination of electricity was mandated by state or federal law;
147	147	provided, that one (1) or more extensions may be allowed for one-hundred-eighty-day
148	148	periods at a time; or
149	149	(ii) Any wind turbine or group of wind turbines of a utility facility that violates the
150	150	noise level restrictions provided in subdivision (e)(2)(D) must be decommissioned or
151	151
152	152
153	153	- 6 - 000156
154	154
155	155	removed, unless the turbine or group of turbines is brought into compliance within one
156	156	hundred eighty (180) days of the violation; provided, that a single one-hundred-eighty-
157	157	day extension may be allowed; and
158	158	SECTION 23. Tennessee Code Annotated, Section 65-17-107, is amended by deleting
159	159	"wind energy" and substituting "utility".
160	160	SECTION 24. Tennessee Code Annotated, Section 65-17-110, is amended by deleting
161	161	"wind energy" and substituting "utility".
162	162	SECTION 25. Tennessee Code Annotated, Section 65-17-111, is amended by deleting
163	163	"wind energy" and substituting "utility".
164	164	SECTION 26. If any provision of this act or its application to any person or circumstance
165	165	is held invalid, then the invalidity does not affect other provisions or applications of the act that
166	166	can be given effect without the invalid provision or application, and to that end, the provisions of
167	167	this act are severable.
168	168	SECTION 27. This act takes effect July 1, 2025, the public welfare requiring it.