Tennessee 2025-2026 Regular Session

Tennessee Senate Bill SB0962 Compare Versions

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

Old	New	Differences
1	1
2	2	HOUSE BILL 946
3	3	By Brooks
4	4
5	5	SENATE BILL 962
6	6	By Lamar
7	7
8	8
9	9	SB0962
10	10	002295
11	11	- 1 -
12	12
13	13	AN ACT to amend Tennessee Code Annotated, Title 5;
14	14	Title 6; Title 7; Title 13; Title 54; Title 65 and Title
15	15	68, relative to high energy use facilities.
16	16
17	17	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
18	18	SECTION 1. Tennessee Code Annotated, Title 13, Chapter 7, is amended by adding
19	19	the following as a new part:
20	20	13-7-701. Definitions.
21	21	As used in this section, unless context requires otherwise:
22	22	(1) "High energy use facility" or "HEUF" means a project requiring one hundred
23	23	megawatts (100 MW) or more of electrical power from an electric utility providing retail
24	24	service to the facility, and includes a data center project requiring one hundred
25	25	megawatts (100 MW) or more of electrical power from an electric utility providing retail
26	26	service to the facility;
27	27	(2) "Locality" means a county, municipal, or other local governing body with
28	28	jurisdiction over zoning, permitting, regulations, and ordinances;
29	29	(2) "Special exception" means a use of real property that is not permitted in a
30	30	particular zoning district, except by means of a special use permit, variance, rezoning
31	31	application, or other legislative or administrative action; and
32	32	(3) "Special use permit" means a permit issued by a locality or state-level
33	33	agency that authorizes a special exception.
34	34	13-7-702. Site assessments.
35	35	(a)
36	36
37	37
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40	40	(1) Prior to the approval of a rezoning request, special exception, or special use
41	41	permit for the siting of a new HEUF, a locality must require the applicant to perform and
42	42	submit a site assessment to examine the sound profile of the HEUF on residential areas
43	43	and schools within five hundred feet (500') of the HEUF property.
44	44	(2) A locality may require that a site assessment examine the effects of the
45	45	proposed HEUF facility on water, agricultural resources, parks, registered historic sites,
46	46	and forestland located on the HEUF site or immediately contiguous land.
47	47	(3) A locality may request that permitting procedures, if any are required, and
48	48	site assessments be conducted with guidance and oversight from the department of
49	49	environment and conservation.
50	50	(b) Prior to the approval of a rezoning request, special exception, or special use permit
51	51	for the siting of a new HEUF, a locality must require the electric utility providing retail service to
52	52	the new HEUF to submit a site assessment to the locality describing:
53	53	(1) New electric generating units that will be required within the jurisdiction to
54	54	serve the project;
55	55	(2) New or existing substations that will be used to serve the HEUF; and
56	56	(3) The anticipated transmission voltage required to serve the HEUF.
57	57	(c) Site assessments submitted to a locality under subsections (a) and (b) must be used
58	58	by the locality to assess consistency with the policies of the locality's comprehensive plan and
59	59	compliance with the locality's noise ordinances, zoning ordinances, and other applicable laws
60	60	and regulations.
61	61	(d) This part does not apply to a site with existing local, legislative, or administrative
62	62	approval where an applicant is seeking an expansion or modification of an already existing or
63	63	approved facility, and such expansion does not exceed an additional one hundred megawatts
64	64	(100 MW) or more of electrical power.
65	65
66	66
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68	68
69	69	(e) This section does not repeal or modify the regulatory authority of any administrative
70	70	agency, nor any federal, state, or local law.
71	71	(f) This section does not repeal or modify an existing locality's authority to regulate
72	72	zoning or permitting, or to issue ordinances within the locality's jurisdiction.
73	73	SECTION 2. The headings in this act are for reference purposes only and do not
74	74	constitute a part of the law enacted by this act. However, the code commission is requested to
75	75	include the headings in any compilation or publication containing this act.
76	76	SECTION 3. This act takes effect upon becoming a law, the public welfare requiring it.