2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › ENVIRONMENTAL PROTECTION (§§ 68-201-NEW — 68-221-1319) › Chapter 221 - WATER AND SEWERAGE (§§ 68-221-101 — 68-221-1319) › Part 10 - WASTEWATER FACILITIES (§§ 68-221-1001 — 68-221-1018) › Section 68-221-1017 - Review and approval of new water or wastewater system - Petition

(a)
Notwithstanding any law to the contrary, any city or county attempting to purchase, develop, acquire, or build a new water or wastewater system shall seek the approval of the Tennessee board of utility regulation in the manner provided for in this section before finalizing plans for purchase, development, acquisition, or construction.
(b)
The governing body of a city or county shall adopt, and its executive officer shall approve, a resolution to submit a petition to the Tennessee board of utility regulation for review and approval of a new water or wastewater system. The petition must include:
(1)
A statement of the service the proposed water or wastewater system will provide and the necessity for that service;
(2)
The boundaries of the proposed system's service area;
(3)
The statutory authority for the purchase, development, acquisition, or building of the water or wastewater system;
(4)
A statement describing the managerial structure of the new water or wastewater system, including the type of governing body;
(5)
A statement explaining why an existing utility district, treatment authority, or municipal or county service cannot adequately provide the needed service because of cost, time, or other service delivery factors; and
(6)
An estimate of:
(A)
The cost of the acquisition or construction of the system;
(B)
The cost of operating the proposed facility;
(C)
Anticipated personnel needs; and
(D)
The rates and charges for utility service.
(c)
An estimate pursuant to subdivision (b)(6)(A) is not a limitation on the financing of improvements or extensions of a facility.
(d)
A majority of the governing body of the creating governmental entity and its executive officer must sign the petition.
(e)
The petition must include the notarized signatures and residential addresses of both a majority of the governing body and its executive officer.
(f)
(1)
The Tennessee board of utility regulation shall issue an order approving or disapproving the petition for the new utility system within ninety (90) calendar days of receipt of the petition by the board, its agent, or its representative.
(2)
If the Tennessee board of utility regulation approves the petition, then the Tennessee board of utility regulation shall forward its order of approval and the original petition to the governing body of the city or county and its executive officer.
(3)
If the Tennessee board of utility regulation fails to act on the petition within ninety (90) calendar days of receipt of the petition, then the Tennessee board of utility regulation, its agent, or its representative shall return the original petition to the governing body and its executive officer.
(4)
If the Tennessee board of utility regulation disapproves the petition, then the Tennessee board of utility regulation shall forward its order of disapproval to the governing body of the creating governmental entity and its executive officer. The petitioners may appeal the order disapproving the petition to the circuit court of the county in the manner provided by law for appeals from the court of general sessions.
Amended by 2023 Tenn. Acts, ch. 463,s 45, eff. 7/1/2023.
Amended by 2021 Tenn. Acts, ch. 226, s 3, eff. 4/22/2021.
Acts 2020, ch. 720, § 4.