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