Tennessee 2025-2026 Regular Session

Tennessee Senate Bill SB1274 Compare Versions

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

Old	New	Differences
1	1
2	2	HOUSE BILL 124
3	3	By Lamberth
4	4
5	5	SENATE BILL 1274
6	6	By Johnson
7	7
8	8
9	9	SB1274
10	10	000177
11	11	- 1 -
12	12
13	13	AN ACT to amend Tennessee Code Annotated, Title 68,
14	14	Chapter 203, Part 1 and Title 68, Chapter 211,
15	15	Part 1, relative to environmental regulatory
16	16	programs.
17	17
18	18	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
19	19	SECTION 1. Tennessee Code Annotated, Section 68-203-103(b), is amended by
20	20	deleting subdivision (1) and substituting:
21	21	(1) The fees under the Tennessee Safe Drinking Water Act of 1983, compiled in
22	22	chapter 221, part 7 of this title, and the Water Quality Control Act of 1977, compiled in
23	23	title 69, chapter 3, and fees for the production of oil and gas set under title 60, chapter 1,
24	24	part 1, shall be set by the Tennessee board of water quality, oil and gas;
25	25	SECTION 2. Tennessee Code Annotated, Section 68-203-103(b), is amended by
26	26	adding the following as a new subdivision:
27	27	( ) The fees under the Mineral Test Hole Regulatory Act, compiled in title 60,
28	28	chapter 1, part 5, shall be set by the supervisor in accordance with § 60-1-505;
29	29	SECTION 3. Tennessee Code Annotated, Section 68-203-103(h)(7), is amended by
30	30	deleting "eighteen dollars and seventy-five cents ($18.75)" and substituting "thirty-eight dollars
31	31	($38.00)".
32	32	SECTION 4. Tennessee Code Annotated, Section 68-211-103, is amended by adding
33	33	the following as new subdivisions:
34	34	( ) "Coal combustion residuals" means fly ash, bottom ash, boiler slag, and flue
35	35	gas desulfurization materials generated from burning coal for the purpose of generating
36	36	electricity by electric utilities and independent power producers;
37	37
38	38
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41	41	( ) "Coal combustion residuals disposal unit" means landfills, lateral expansions
42	42	of landfills, surface impoundments, and locations used for the disposal, storage,
43	43	processing, or treatment of coal combustion residuals and minor quantities of other
44	44	associated industrial wastes, such as nonputrescible nonhazardous wastes resulting
45	45	from operations ancillary to power generation, surface impoundment closure, and landfill
46	46	construction;
47	47	SECTION 5. Tennessee Code Annotated, Section 68-203-103(h), is amended by
48	48	deleting subdivision (9) and substituting:
49	49	(9) Filing and processing fees for solid waste landfill permits, except those
50	50	issued to a coal combustion residuals disposal unit, as that term is defined in § 68-211-
51	51	103: ten thousand dollars ($10,000);
52	52	SECTION 6. Tennessee Code Annotated, Section 68-203-103(h), is amended by
53	53	deleting subdivision (11) and substituting:
54	54	(11) Annual maintenance fee for a solid waste landfill, except a coal combustion
55	55	residuals disposal unit, as that term is defined in § 68-211-103: fifteen thousand dollars
56	56	($15,000);
57	57	SECTION 7. Tennessee Code Annotated, Section 68-203-104(d), is amended by
58	58	adding the following as a new subdivision:
59	59	( ) For the division of mineral and geologic resources: environmental protection
60	60	fees, fifty-eight percent (58%); state appropriations, forty-two percent (42%);
61	61	SECTION 8. Tennessee Code Annotated, Section 68-211-106, is amended by deleting
62	62	subsection (j) and substituting:
63	63	(j)
64	64
65	65
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68	68	(1) The commissioner shall not issue a permit under this section for the
69	69	disposal of coal ash, or for the expansion of an existing coal ash disposal facility,
70	70	unless the plans for the disposal facility include a liner and a final cap.
71	71	(2) This subsection (j) does not apply to:
72	72	(A) The use of coal ash for fill;
73	73	(B) An agricultural use;
74	74	(C) An engineered use as a feedstock to produce a product;
75	75	(D) A wastewater treatment unit; or
76	76	(E) The disposal of coal ash in connection with a use described in
77	77	this subdivision (j)(2) and as authorized by the department pursuant to
78	78	this part.
79	79	(3) This subsection (j) does not prevent the commissioner from issuing a
80	80	permit for the disposal of coal combustion residuals in a coal combustion
81	81	residuals disposal unit in accordance with rules adopted by the board.
82	82	SECTION 9. Tennessee Code Annotated, Title 68, Chapter 211, Part 1, is amended by
83	83	adding the following as a new section:
84	84	(a) The department may recover against a person the department's direct and
85	85	indirect costs, including administrative costs, incurred through the regulation of coal
86	86	combustion residuals disposal units as provided by rules adopted by the board pursuant
87	87	to this part.
88	88	(b) Board rules providing for cost recovery under this section must establish an
89	89	annual cap and may include costs associated with permitting, oversight, supervision,
90	90	investigation, regulation, and remediation activities relative to coal combustion residuals
91	91	disposal units.
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96	96	(c) The department shall not assess fees for coal combustion residuals disposal
97	97	units under title 68, chapter 203, if the department seeks recovery of its costs pursuant
98	98	to this section.
99	99	SECTION 10. This act takes effect upon becoming a law, the public welfare requiring it.