SB 915 - HB 1129
FISCAL NOTE
Fiscal Review Committee
Tennessee General Assembly
March 7, 2025
Fiscal Analyst: Rebecca Chandler | Email: rebecca.chandler@capitol.tn.gov | Phone: 615-741-2564
SB 915 - HB 1129
SUMMARY OF BILL: Exempts borrow pits from existing restrictions in a Federal
Emergency Management (FEMA) certified county if used for Hurricane Helene recovery efforts
under a state or local government contract.
FISCAL IMPACT:
OTHER FISCAL IMPACT
Failure to meet federal Clean Water Act and Water Pollution Control Act standards may put federal
reimbursements at risk. If found in violation, the Department of Transportation could be required
to return federal funds to the Federal Highway Administration.
Assumptions:
• The proposed legislation defines “FEMA-certified counties” as those declared disaster areas
between September 26, 2024, and October 3, 2024.
• Tennessee Code Annotated § 54-1-128(b) exempts state road work projects from local and
regional zoning and planning regulations for borrow material, provided the borrow pits that
meet specific conditions listed below:
o Be temporary and cannot be used beyond the state project’s completion date;
o Comply with all stormwater runoff requirements;
o Meet federal Clean Water Act and Water Pollution Control Act (Act) requirements;
o Have an approved reclamation plan from the local municipality or county, but work
can begin if approval is delayed beyond 30 days; and
o Cannot be on or impact roads operating below a level of service C.
• The proposed legislation exempts borrow pits used for Hurricane Helene recovery efforts
from these restrictions.
• Without containment requirements, borrow pit pollution could lead to cleanup costs for
TDOT, including mud and slurry on state facilities. The proposed legislation does not grant
TDOT authority to require cleanup.
• Failure to comply with the Act could jeopardize federal reimbursements TDOT receives.
• To date, TDOT has received $102,000,000 in federal funds for Hurricane Helene recovery
efforts, with potential for additional funds. If deemed to be in violation, then the
department may have to return an unknown portion of funds to Federal Highway
Administration. The extent and timing of which cannot be reasonably determined.
SB 915 - HB 1129 2
CERTIFICATION:
The information contained herein is true and correct to the best of my knowledge.
Bojan Savic, Executive Director