reglab/statecodes huggingface dataset:
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 203 - TENNESSEE ENVIRONMENTAL PROTECTION FUND (§§ 68-203-101 — 68-203-105) › Section 68-203-101 - Establishment of fund - Sources of deposits - Accounting - Interest - Investment - Appropriations

(a)
There is established within the general fund a special agency account to be known as the Tennessee environmental protection fund, hereinafter referred to in this chapter as the "fund."
(b)
(1)
Notwithstanding any law to the contrary, there shall be deposited in the fund all fees, civil penalties and damages collected pursuant to the following statutes:
(A)
Chapter 221, part 4 of this title, relative to subsurface sewage disposal;
(B)
The Tennessee Safe Drinking Water Act of 1983, compiled in chapter 221, part 7 of this title;
(C)
The Water Environmental Health Act, compiled in chapter 221, part 9 of this title;
(D)
The Wastewater Facilities Act of 1987, compiled in chapter 221, part 10 of this title;
(E)
The Radiological Health Service Act, compiled in chapter 202, part 2 of this title;
(F)
The Medical Radiation Inspection Safety Act, compiled in chapter 202, part 5 of this title;
(G)
The Tennessee Air Quality Act, compiled in chapter 201, part 1 of this title;
(H)
The Tennessee Solid Waste Disposal Act, compiled in chapter 211, part 1 of this title;
(I)
The Tennessee Hazardous Waste Management Act, compiled in chapter 212, part 1 of this title;
(J)
The Water Quality Control Act of 1977, compiled in title 69, chapter 3;
(K)
Title 69, chapter 10, relative to water wells;
(L)
The Safe Dams Act of 1973, compiled in title 69, chapter 11;
(M)
Production of oil and gas, title 60, chapter 1, parts 1, 2, and 5; and
(N)
Section
11-1-101
relative to those fees charged by the commissioner other than ones related to parks.
(2)
The commissioner of environment and conservation shall maintain separate accounts for moneys collected and expended by each division of the department of environment and conservation in administering the statutes listed in subdivision (b)(1).
(c)
Any unencumbered moneys and any unexpended balance of the fund remaining at the end of any fiscal year shall not revert to the general fund, but shall be carried forward and maintained in separate accounts until expended in accordance with this part.
(d)
Interest accruing on investments and deposits of the fund shall be returned to the fund and remain a part of the fund, allocated proportionately to each separate account.
(e)
Moneys in the fund shall be invested by the state treasurer for the benefit of the fund pursuant to §
9-4-603
. The fund shall be administered by the commissioner.
(f)
Moneys in the fund may be expended only in accordance with annual appropriations approved by the general assembly.
Amended by 2016 Tenn. Acts, ch. 741, s 1, eff. 4/7/2016.
Acts 1991, ch. 417, § 1; T.C.A., § 68-1-1301; Acts 2007 , ch. 362, § 14; 2009 , ch. 531, § 1.
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 203 - TENNESSEE ENVIRONMENTAL PROTECTION FUND (§§ 68-203-101 — 68-203-105) › Section 68-203-102 - Use of funds

The fund shall be available to the department of environment and conservation to help defray the costs of administering the regulatory programs under each statute listed in §
68-203-101(b)
. The moneys shall be used for improved performance in permitting, monitoring, investigation, enforcement, and administration of the department's functions under each statute listed in §
68-203-101(b)
, including the payment of salaries and benefits to employees administering the regulatory programs under each statute listed in §
68-203-101(b)
.
Acts 1991, ch. 417, § 2; T.C.A., § 68-1-1302.
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 203 - TENNESSEE ENVIRONMENTAL PROTECTION FUND (§§ 68-203-101 — 68-203-105) › Section 68-203-105 - Federal requirements

In the event that the requirements of this chapter conflict with applicable federal requirements pertaining to the establishment and collection of permit application or compliance fees by the department, such federal requirements shall take precedence over the conflicting requirements of this chapter, and the promulgating authority shall have the authority to establish by regulations in its respective program areas identified in §
68-203-101(b)
and to collect such fees in accordance with the applicable federal requirements.
Acts 1991, ch. 417, § 5; T.C.A., § 68-1-1305.
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 204 - STATE ENERGY POLICY COUNCIL (§§ 68-204-101 — 68-204-110) › Section 68-204-101 - State energy policy council created

There is created the state energy policy council, to be administratively attached to the office of the comptroller of the treasury.
Added by 2017 Tenn. Acts, ch. 458,s 2, eff. 7/1/2017.
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 204 - STATE ENERGY POLICY COUNCIL (§§ 68-204-101 — 68-204-110) › Section 68-204-102 - "Council" defined

For the purposes of this chapter, "council" means the state energy policy council.
Added by 2017 Tenn. Acts, ch. 458,s 2, eff. 7/1/2017.
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 204 - STATE ENERGY POLICY COUNCIL (§§ 68-204-101 — 68-204-110) › Section 68-204-103 - Duties and responsibilities of council

(a)
The council is created to advise and make recommendations to the governor and to the general assembly on how to:
(1)
Identify all state energy resources to ensure a secure, stable, and more predictable energy supply;
(2)
Manage the use of energy resources; and
(3)
Increase domestic energy exploration, development, and production within the state and region, with the goal of promoting economic growth and job creation while ensuring the protection and preservation of the state's natural resources, cultural heritage, and quality of life.
(b)
The council shall have the following general duties and responsibilities:
(1)
Compile an annual report assessing the energy sector in this state, including the opportunities and the constraints presented by various uses of energy, to facilitate the expansion of the domestic energy supply, and to encourage the efficient use of all such energy forms in a manner consistent with state energy policy;
(2)
Develop an ongoing comprehensive state energy policy plan to achieve maximum effective management and use of present and future sources of energy. The policy plan may include energy efficiency, renewable and alternative sources of energy, research and development into alternative energy technologies, and improvements to the state's energy infrastructure and energy economy, including smart grid and domestic energy resources, including, but not limited to, natural gas, coal, hydroelectric power, solar, wind, nuclear, and biomass;
(3)
Create an annual energy policy plan that recommends:
(A)
Necessary energy legislation to the governor and to the general assembly;
(B)
The promulgation of necessary rules to regulatory boards charged with administering this title; and
(C)
The implementation and modification of energy policy, plans, and programs as the council considers necessary and desirable;
(4)
Continually review and coordinate all state government research, education, and management programs relating to energy matters;
(5)
Educate and inform the general public regarding any energy matters; and
(6)
Actively engage in discussions with federal government agencies and leaders to identify opportunities to increase domestic energy supply within this state.
(c)
The council shall serve as the central energy policy planning body of the state and shall communicate and cooperate with federal, state, regional, and local bodies and agencies for the purpose of affecting a coordinated energy policy.
Added by 2017 Tenn. Acts, ch. 458,s 2, eff. 7/1/2017.
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 204 - STATE ENERGY POLICY COUNCIL (§§ 68-204-101 — 68-204-110) › Section 68-204-105 - Chair - Quorum - Reimbursement of expenses - Conflict of interest policy

(a)
The chair of the council shall be appointed by the governor from among the council's membership and shall call the first meeting of the council. The chair shall serve in that capacity for one (1) year and shall be eligible for reappointment. The chair shall preside at all meetings and shall have all the powers and privileges of the other members.
(b)
Each member, upon expiration of the member's term, shall continue to hold office until a successor is appointed.
(c)
A majority of those members serving on the council shall constitute a quorum.
(d)
Members appointed pursuant to §
68-204-104(a)(2)-(4)
shall be eligible for reappointment to the council following the expiration of their terms, but shall serve no more than two (2) consecutive three-year terms.
(e)
Members shall receive no compensation for their service on the council, but shall be reimbursed for travel and other necessary expenses incurred in the performance of official duties in accordance with the state comprehensive travel regulations as promulgated by the commissioner of finance and administration and approved by the attorney general and reporter.
(f)
The council shall adopt and implement a conflict of interest policy for its members. The policy shall mandate annual written disclosures of financial interests, other possible conflicts of interest, and an acknowledgement by council members that they have read and understand all aspects of the policy. The policy shall also require persons who are to be appointed to the council to acknowledge, as a condition of appointment, that they are not in conflict with the conditions of the policy.
Added by 2017 Tenn. Acts, ch. 458, s 2, eff. 7/1/2017.
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 204 - STATE ENERGY POLICY COUNCIL (§§ 68-204-101 — 68-204-110) › Section 68-204-106 - Organization of work of council - Rules of procedure - Meetings

(a)
To facilitate the work of the council and for administrative purposes, the chair of the council, with the consent and approval of the members, shall organize the work of the council to carry out the requirements of this chapter and to ensure the efficient operation of the council.
(b)
The council shall:
(1)
Adopt its own rules of procedure;
(2)
Meet quarterly, with members to be physically present at a minimum of two (2) quarterly meetings each calendar year. Members may also participate by teleconference call, provided that all other requirements of this subdivision (b)(2) are met. Emergency meetings may be called by the chair or upon petition by a majority of the council, with written notice being given to all members; and
(3)
Make nonsubstantive policy relating to the administrative operation of the council.
Added by 2017 Tenn. Acts, ch. 458,s 2, eff. 7/1/2017.
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 204 - STATE ENERGY POLICY COUNCIL (§§ 68-204-101 — 68-204-110) › Section 68-204-107 - Request for information - Request for reports and forecasts - Request for funds - Attachment to office of comptroller

(a)
The council may request information from any state officer, office, department, commission, board, bureau, institution, or other agency of the state and its political subdivisions that is deemed necessary to carry out the requirements of this chapter. All officers and agencies shall cooperate with the council and, to the extent permitted by law, furnish any information to the council that it may request.
(b)
To assure the adequate development of relevant energy information, the council may request energy producers and major energy consumers, as determined by the council, to file any reports and forecasts; however, the council may request only specific energy-related information that it deems necessary to carry out its duties.
(c)
The council is authorized to apply for and utilize grants, contributions, appropriations, and any other sources of revenue which shall be deposited in the energy policy development resources fund created under §
68-204-109
, in order to carry out its duties; however, all applications and requests for grants and other revenues shall be made through and administered by the office of the comptroller of the treasury.
(d)
The council may request the office of the comptroller of the treasury to allocate and dispense any funds made available to the council for energy research and related work efforts in such a manner as the council determines; provided, that the funds shall be used in furtherance of the purposes of this chapter.
(e)
The council shall be attached to the office of the comptroller of the treasury for administrative matters relating to budgeting, audit, and other related items only. The autonomy and authority of the council are not affected by such attachment, and the office of the comptroller of the treasury shall have no administrative or supervisory control over the council.
(f)
All administrative costs of the council, including, but not limited to, the cost of the annual reports required pursuant to §
68-204-108
, shall be payable out of any funds allocated to and received by the council.
Added by 2017 Tenn. Acts, ch. 458, s 2, eff. 7/1/2017.
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 204 - STATE ENERGY POLICY COUNCIL (§§ 68-204-101 — 68-204-110) › Section 68-204-108 - Comprehensive reports

(a)
The council shall compile, compose, and publish, and transmit to the governor, the speaker of the senate, and the speaker of the house of representatives, two (2) annual comprehensive reports as follows:
(1)
An annual assessment of the state's energy sector as prescribed in §
68-204-103(b)(1)
, to be facilitated by the Howard H. Baker Jr. Center for Public Policy at the University of Tennessee; and
(2)
A report to create a comprehensive state energy policy plan as prescribed in §
68-204-103(b)(2)
.
(b)
The annual assessment of the state's energy sector, as prescribed in subdivision (a)(1), shall include, but not be limited to, the following:
(1)
The statewide projected growth and development as it relates to future requirements for energy, including patterns of urban and metropolitan expansion, shifts in transportation modes, modifications in building types and design, and other trends and factors which, as determined by the council, will significantly affect energy needs; and
(2)
An assessment of growth trends in energy consumption and production, and an identification of potential adverse social, economic, or environmental impacts which may be imposed by a continuation of the present trends, including a rise in energy costs to consumers, significant increases in air, water, and other forms of pollution, threats to public health and safety, and a loss of scenic and natural areas.
(c)
The comprehensive state energy policy plan, as prescribed in subdivision (a)(2) shall include, but not be limited to, the following:
(1)
Recommendations to the governor and the general assembly for additional administrative and legislative actions on energy matters in the context of the current energy sector in this state; and
(2)
A summary of the council's activities since the last filing of the energy policy plan, a description of major plans developed by the council, an assessment of plan implementation, and a review of council plans and programs for the coming biennium.
Added by 2017 Tenn. Acts, ch. 458, s 2, eff. 7/1/2017.
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 204 - STATE ENERGY POLICY COUNCIL (§§ 68-204-101 — 68-204-110) › Section 68-204-109 - Energy resources fund

(a)
There is created a special account in the state treasury to be administered by the office of the comptroller of the treasury and to be known as the energy policy development resources fund, referred to in this section as the "energy resources fund."
(b)
The comptroller may disburse moneys in the energy resources fund to the council for the following purposes:
(1)
Developing the comprehensive state energy policy plan, as prescribed in §
68-204-103
;
(2)
In furtherance of the purposes of this chapter; and
(3)
To offset the cost of administering this chapter.
(c)
A grant from the energy resources fund shall be disbursed in an annual amount of fifty thousand dollars ($50,000). It is the legislative intent that the annual amount be appropriated each fiscal year in the general appropriations act for awarding a grant.
Added by 2017 Tenn. Acts, ch. 458, s 2, eff. 7/1/2017.
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 204 - STATE ENERGY POLICY COUNCIL (§§ 68-204-101 — 68-204-110) › Section 68-204-110 - Relation to Energy Efficient Schools lnitiative (EESI)

(a)
Nothing in this chapter amends or repeals in any manner the Energy Efficient Schools Initiative (EESI) of 2008, compiled in title 49, chapter 17, or other provisions of law relating to the energy efficient schools council and its powers, duties, and functions.
(b)
Nothing in this chapter applies to the powers, duties, and functions undertaken pursuant to the authority of the Energy Efficient Schools Initiative (EESI) of 2008.
Added by 2017 Tenn. Acts, ch. 458, s 2, eff. 7/1/2017.
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 205 - COMMERCIAL PROPERTY ASSESSED CLEAN ENERGY AND RESILIENCE ACT (§§ 68-205-101 — 68-205-116) › Section 68-205-101 - Short title-Legislative intent

(a)
This chapter is known and may be cited as the "Commercial Property Assessed Clean Energy and Resilience Act."
(b)
It is the intent of the general assembly to authorize the establishment of a commercial property assessed clean energy and storm resiliency (C-PACER) program that jurisdictions may voluntarily implement to ensure that free and willing owners of agricultural, commercial, industrial, and multifamily residential properties can obtain low-cost, long-term financing for qualifying improvements. By authorizing local governments to adopt C-PACER programs, the general assembly finds that a valid public purpose exists because the use of C-PACER will increase economic development, lower insurance costs, and lower disaster and emergency response and aid costs to local governments. C-PACER programs will also decrease energy and water costs and encourage energy and water sustainability.
Added by 2021 Tenn. Acts, ch. 138, s 1, eff. 7/1/2021.
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 205 - COMMERCIAL PROPERTY ASSESSED CLEAN ENERGY AND RESILIENCE ACT (§§ 68-205-101 — 68-205-116) › Section 68-205-103 - Imposition of voluntary special assessment to repay financing of qualified projects on commercial property

(a)
A local government may impose a voluntary special assessment to repay the financing of qualified projects on commercial property located in a region.
(b)
A local government shall not impose an assessment to repay the financing of the purchase or installation of products or devices not permanently affixed to commercial property.
(c)
A local government may impose a voluntary special assessment only after a project application is approved. The special assessment must be created through a written contract between the local government and the record owner of the property to be assessed.
(d)
Prior to entering into the written assessment contract, the record owner shall obtain and furnish to the local government a written statement, executed by each holder of a mortgage or deed of trust on the property securing indebtedness, in the sole and absolute discretion of each holder of a mortgage or deed of trust on the property, that consents to the assessment and indicates that the assessment does not constitute an event of default under the mortgage or deed of trust.
Added by 2021 Tenn. Acts, ch. 138, s 1, eff. 7/1/2021.
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 205 - COMMERCIAL PROPERTY ASSESSED CLEAN ENERGY AND RESILIENCE ACT (§§ 68-205-101 — 68-205-116) › Section 68-205-106 - Terms of C-PACER program established by resolution

The terms of a program established pursuant to §
68-205-105(a)(3)
must include:
(1)
Appropriate eligibility factors, including certification by the property owner that:
(A)
The property owner requesting to participate in the program:
(i)
Is the legal owner of the benefited property;
(ii)
Is current on mortgage and property tax payments; and
(iii)
Is not insolvent or in bankruptcy proceedings; and
(B)
The title of the benefited property is not in dispute;
(2)
A requirement that:
(A)
The amount of the assessment, plus existing indebtedness on the property, does not exceed ninety percent (90%) of the fair market value of the property as determined by a qualified appraiser, with the exception that properties qualified under the federal low-income housing tax credit program set forth in
26 U.S.C. § 42
are exempt from this requirement; and
(B)
The amount of the assessment does not exceed twenty-five percent (25%) of the fair market value of the property as determined by a qualified appraiser;
(3)
A description of the types of qualified projects that may be subject to special assessments;
(4)
A statement identifying the local government official authorized to enter into and execute written contracts on behalf of the local government;
(5)
A statement that the period of the special assessment must not exceed the weighted average of the useful life of the qualified project that is the basis for the assessment; and
(6)
A statement explaining the procedures for imposing voluntary special assessments, the billing and collecting of the voluntary special assessments, and remedies for enforcement of delinquent special assessments, unless the local government delegates these duties pursuant to §
68-205-107(d)(2)
.
Amended by 2022 Tenn. Acts, ch. 868, s 1, eff. 4/14/2022.
Added by 2021 Tenn. Acts, ch. 138, s 1, eff. 7/1/2021.
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 205 - COMMERCIAL PROPERTY ASSESSED CLEAN ENERGY AND RESILIENCE ACT (§§ 68-205-101 — 68-205-116) › Section 68-205-108 - Authorization of direct purchase of equipment and materials

The proposed financing agreement for financing a qualified project may authorize the property owner to directly purchase the related equipment and materials for the installation or modification of a qualified improvement.
Added by 2021 Tenn. Acts, ch. 138, s 1, eff. 7/1/2021.
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 205 - COMMERCIAL PROPERTY ASSESSED CLEAN ENERGY AND RESILIENCE ACT (§§ 68-205-101 — 68-205-116) › Section 68-205-109 - Filing and recording of notice of assessment, C-PACER lien, and assignments - Segregation of funds

(a)
A local government that authorizes financing through special assessments under this chapter shall:
(1)
File a written Notice of Assessment and C-PACER lien in the records of the office of the county register of deeds of the county in which the property is located. The notice must contain:
(A)
The amount of the assessment;
(B)
The legal description of the property;
(C)
The name of each property owner;
(D)
A copy of the written assessment contract; and
(E)
A reference to this section authorizing the placement of the assessment and C-PACER lien on the property;
(2)
File and record each C-PACER lien in the real property records of the county in which the property is located. The recording must contain:
(A)
The legal description of the eligible property;
(B)
The name of each property owner;
(C)
The date on which the lien was created;
(D)
The principal amount of the lien; and
(E)
The term of the lien; and
(3)
Record the executed assignment of the assessment agreement, notice of assignment of assessment, and C-PACER lien, or may delegate the recording to the capital provider receiving the assignment.
(b)
The amount of funds allotted through a program must be segregated from the calculation of the undisputed portions necessary for property tax appeals under title 67, chapter 5.
Added by 2021 Tenn. Acts, ch. 138, s 1, eff. 7/1/2021.
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 205 - COMMERCIAL PROPERTY ASSESSED CLEAN ENERGY AND RESILIENCE ACT (§§ 68-205-101 — 68-205-116) › Section 68-205-110 - Special assessment lien

(a)
Except as otherwise provided in subsection (e), a special assessment that complies with §
68-205-103
, and any interest or penalties on the assessment:
(1)
Is a first and prior lien against the commercial property on which the assessment is imposed, from the date on which the notice of special assessment is recorded pursuant to §
68-205-109
, until the assessment, interest, or penalty is paid; and
(2)
Has the same priority status as a lien for any other ad valorem tax.
(b)
The lien runs with the land, and that portion of the assessment under the assessment contract that is not yet due must not be accelerated or eliminated by foreclosure of a property tax lien.
(c)
A provision of a deed of trust, mortgage, or other agreement between a lienholder and a property owner providing for the acceleration of any payment under the deed of trust, mortgage, or agreement solely as the result of entering into an agreement to finance an assessment is unenforceable; provided, that the conditions set forth under §
68-205-103
are satisfied.
Added by 2021 Tenn. Acts, ch. 138, s 1, eff. 7/1/2021.
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 205 - COMMERCIAL PROPERTY ASSESSED CLEAN ENERGY AND RESILIENCE ACT (§§ 68-205-101 — 68-205-116) › Section 68-205-111 - Contract to perform duties of local government relating to special assessments

The local government may contract with another local governmental entity, including a county assessor of property, to perform the duties of the local government relating to the billing, collection, enforcement, and remittance of special assessments imposed pursuant to this chapter.
Added by 2021 Tenn. Acts, ch. 138, s 1, eff. 7/1/2021.
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 205 - COMMERCIAL PROPERTY ASSESSED CLEAN ENERGY AND RESILIENCE ACT (§§ 68-205-101 — 68-205-116) › Section 68-205-112 - Joint implementation or administration of C-PACER program

(a)
A combination of local governments may agree to jointly implement or administer a program under this chapter.
(b)
If two (2) or more local governments implement a program jointly, then a single public hearing held jointly by the cooperating local governments is sufficient to satisfy §
68-205-105(a)(2)
.
Added by 2021 Tenn. Acts, ch. 138, s 1, eff. 7/1/2021.
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 205 - COMMERCIAL PROPERTY ASSESSED CLEAN ENERGY AND RESILIENCE ACT (§§ 68-205-101 — 68-205-116) › Section 68-205-113 - Requirement of written contract to repay financing of qualified project through special assessments prohibited

A local government that establishes a region shall not:
(1)
Make the issuance of a permit, license, or other authorization from the local government to a person who owns property in the region contingent on the person entering into a written contract to repay the financing of a qualified project through special assessments under this chapter; or
(2)
Otherwise compel a person who owns property in the region to enter into a written contract to repay the financing of a qualified project through special assessments.
Added by 2021 Tenn. Acts, ch. 138, s 1, eff. 7/1/2021.
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 205 - COMMERCIAL PROPERTY ASSESSED CLEAN ENERGY AND RESILIENCE ACT (§§ 68-205-101 — 68-205-116) › Section 68-205-114 - Residential property consisting of four or fewer dwelling units not qualified for financing

Residential property consisting of four (4) or fewer dwelling units does not qualify for financing under the C-PACER program.
Added by 2021 Tenn. Acts, ch. 138, s 1, eff. 7/1/2021.
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 205 - COMMERCIAL PROPERTY ASSESSED CLEAN ENERGY AND RESILIENCE ACT (§§ 68-205-101 — 68-205-116) › Section 68-205-115 - Use of public funds to fund or repay loan prohibited - Full faith and credit of local government not pledged, offered, or encumbered

The state, a county, or local government shall not use public funds to fund or repay a loan between a capital provider and property owner. This chapter does not pledge, offer, or encumber the full faith and credit of a local government. A local government shall not pledge, offer, or encumber its full faith and credit for a lien amount through a C-PACER program.
Added by 2021 Tenn. Acts, ch. 138, s 1, eff. 7/1/2021.
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 205 - COMMERCIAL PROPERTY ASSESSED CLEAN ENERGY AND RESILIENCE ACT (§§ 68-205-101 — 68-205-116) › Section 68-205-116 - Consent of state or local government prior to approval of financing on leasehold - Approval of change to leasehold

Notwithstanding this chapter to the contrary, prior to approval of financing on a leasehold owned by this state or a local government, but leased to a privately owned entity as described in §
68-205-102(2)(C)
, the consent of this state or the local government must be obtained. A change to the leasehold must be approved by this state or the local government, as applicable. This state or a local government must be held harmless if the privately owned entity to which the leasehold is leased defaults on a financing agreement for a leasehold changed in accordance with this section.
Added by 2022 Tenn. Acts, ch. 868, s 7, eff. 4/14/2022.
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 211 - SOLID WASTE DISPOSAL (§§ 68-211-101 — 68-211-1105) › Part 1 - TENNESSEE SOLID WASTE DISPOSAL ACT (§§ 68-211-101 — 68-211-124) › Section 68-211-101 - Short title

This part shall be known and may be cited as the "Tennessee Solid Waste Disposal Act."
Acts 1969, ch. 295, § 1; T.C.A., §§ 53-4301, 68-31-101.
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 211 - SOLID WASTE DISPOSAL (§§ 68-211-101 — 68-211-1105) › Part 1 - TENNESSEE SOLID WASTE DISPOSAL ACT (§§ 68-211-101 — 68-211-124) › Section 68-211-102 - Public policy

(a)
In order to protect the public health, safety and welfare, prevent the spread of disease and creation of nuisances, conserve our natural resources, enhance the beauty and quality of our environment and provide a coordinated statewide solid waste disposal program, it is declared to be the public policy of the state of Tennessee to regulate solid waste disposal to:
(1)
Provide for safe and sanitary processing and disposal of solid wastes;
(2)
Develop long-range plans for adequate solid waste disposal systems to meet future demands;
(3)
Provide a coordinated statewide program of control of solid waste processing and disposal in cooperation with federal, state, and local agencies responsible for the prevention, control, or abatement of air, water, and land pollution; and
(4)
Encourage efficient and economical solid waste disposal systems.
(b)
The general assembly declares that it is the policy of this state to ensure that no hazardous waste, as regulated under chapter 212 of this title, is disposed of in a solid waste disposal facility. Therefore, subject to the appropriation of funds in the general appropriations act for such purposes, the department shall develop an inspection program for all permitted facilities, including landfills and processing facilities, that provides for frequent, thorough and regular inspections. Further, subject to the appropriation of funds in the general appropriations act for such purposes, the department shall inspect waste streams, baled waste and special waste generators and transporters to prevent the introduction of hazardous waste into solid waste disposal facilities.
Acts 1969, ch. 295, § 2; T.C.A., § 53-4302; Acts 1991, ch. 451, § 5; T.C.A., § 68-31-102.
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 211 - SOLID WASTE DISPOSAL (§§ 68-211-101 — 68-211-1105) › Part 1 - TENNESSEE SOLID WASTE DISPOSAL ACT (§§ 68-211-101 — 68-211-124) › Section 68-211-104 - Unlawful methods of disposal

It is unlawful to:
(1)
Place or deposit any solid waste into the waters of the state except in a manner approved by the department or the Tennessee board of water quality, oil and gas;
(2)
Burn solid wastes except in a manner and under conditions prescribed by the department and the Tennessee air pollution control board;
(3)
Construct, alter, or operate a solid waste processing or disposal facility or site in violation of the rules, regulations, or orders of the commissioner or in such a manner as to create a public nuisance; or
(4)
Transport, process or dispose of solid waste in violation of this chapter, the rules and regulations established under this chapter or in violation of the orders of the commissioner or board.
Amended by 2021 Tenn. Acts, ch. 548,s 3, eff. 5/26/2021.
Acts 1969, ch. 295, § 4; impl. am. Acts 1971, ch. 164, § 4; T.C.A., §§ 53-4304, 68-31-104; Acts 1996, ch. 846, §§ 1, 2.
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 211 - SOLID WASTE DISPOSAL (§§ 68-211-101 — 68-211-1105) › Part 1 - TENNESSEE SOLID WASTE DISPOSAL ACT (§§ 68-211-101 — 68-211-124) › Section 68-211-107 - Supervision of operation - Rules and regulations

(a)
The department shall exercise general supervision over the operation and maintenance of solid waste processing facilities and disposal facilities or sites. Such general supervision shall apply to all the features of operation and maintenance which do or may affect the public health and safety or the quality of the environment and which do or may affect the proper processing and disposal of solid wastes. The board is empowered to adopt and enforce rules and regulations governing the operation and maintenance of such facilities, operations, and sites. Municipalities, cities, towns, and local boards of health may adopt and enforce such rules, ordinances and regulations equal to or exceeding those adopted by the commissioner, and consistent with the purposes of this part. For exercising such general supervision, the commissioner is authorized to investigate such facilities, operations and sites as often as the commissioner deems necessary.
(b)
Actions taken by the department, commissioner or board in accordance with this section shall be conducted in accordance with title 13, chapter 18, when the action involves a major energy project, as defined in §
13-18-102
.
(c)
The department shall require all solid waste disposal facilities to have a groundwater monitoring program and report sampling results to the department at least once each year. If sampling results indicate that ground water protection standards are exceeded, the owner or operator of the facility shall commence an assessment monitoring program, in accordance with regulations adopted by the board and carry out all corrective measures specified by the commissioner.
Acts 1969, ch. 295, § 7; 1971, ch. 165, § 1; 1980, ch. 899, § 4; 1981, ch. 131, § 33; T.C.A., §§ 53-4307, 68-31-107; Acts 2006, ch. 819, § 2.
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 211 - SOLID WASTE DISPOSAL (§§ 68-211-101 — 68-211-1105) › Part 1 - TENNESSEE SOLID WASTE DISPOSAL ACT (§§ 68-211-101 — 68-211-124) › Section 68-211-108 - Delegation of duties to local health officers

The commissioner and board are authorized to delegate the duties and responsibilities granted to them by this part to local health officers to the extent deemed necessary by the commissioner and board to implement this part.
Acts 1969, ch. 295, § 8; 1980, ch. 899, § 5; T.C.A., §§ 53-4308, 68-31-108.
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 211 - SOLID WASTE DISPOSAL (§§ 68-211-101 — 68-211-1105) › Part 1 - TENNESSEE SOLID WASTE DISPOSAL ACT (§§ 68-211-101 — 68-211-124) › Section 68-211-109 - Federal grants to counties and municipalities - Review and approval

The department is authorized to review and approve grants and loans from the federal government and other sources to counties, cities, towns, municipalities, or any combination thereof, to assist them in designing, acquiring, constructing, altering, or operating solid waste processing facilities and disposal facilities or sites. The department is authorized further to accept and consider only those applications for grants from counties, cities, towns and municipalities which have officially adopted a plan for a solid waste disposal system or which are included in an officially adopted plan for a solid waste disposal system which covers two (2) or more such jurisdictions. The department is authorized to approve or disapprove such plans in accordance with the purposes of this part.
Acts 1969, ch. 295, § 9; T.C.A., §§ 53-4309, 68-31-109.
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 211 - SOLID WASTE DISPOSAL (§§ 68-211-101 — 68-211-1105) › Part 1 - TENNESSEE SOLID WASTE DISPOSAL ACT (§§ 68-211-101 — 68-211-124) › Section 68-211-110 - Disposal on own land

This part does not apply to any private, natural person disposing waste generated in such natural person's own household upon land owned by such natural person; provided, that such disposal does not create a public nuisance or a hazard to the public health; however, further provided, that after January 1, 2005, this section shall not exempt a private natural person from this part if that person deposits such household waste in a sinkhole.
Acts 1969, ch. 295, § 10; 1980, ch. 662, § 3; T.C.A., §§ 53-4310, 68-31-110; Acts 2004, ch. 848, § 1.
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 211 - SOLID WASTE DISPOSAL (§§ 68-211-101 — 68-211-1105) › Part 1 - TENNESSEE SOLID WASTE DISPOSAL ACT (§§ 68-211-101 — 68-211-124) › Section 68-211-112 - Orders for correction - Preliminary conference with alleged violator

When the commissioner finds, upon investigation, that any provisions of this part are not being carried out, and that effective measures are not being taken to comply with this part, the commissioner may issue an order for correction to the responsible person, and this order shall be complied with within the time limit specified in the order. Such order shall be made by personal service or shall be sent by registered mail. Investigations made in accordance with this section may be made on the initiative of the commissioner. Prior to the issuance of any order or the execution of any other enforcement action, the commissioner may request the presence of an alleged violator of this part at a meeting of the staff of the division of solid waste management to show cause why enforcement action ought not to be taken by the department.
Acts 1969, ch. 295, § 12; 1980, ch. 662, § 4; T.C.A., §§ 53-4312, 68-31-112.
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 211 - SOLID WASTE DISPOSAL (§§ 68-211-101 — 68-211-1105) › Part 1 - TENNESSEE SOLID WASTE DISPOSAL ACT (§§ 68-211-101 — 68-211-124) › Section 68-211-114 - Criminal penalties

Any person willfully violating any of this part, or failing, neglecting or refusing to comply with any order of the commissioner or board lawfully issued, or who accepts solid waste for disposal in a landfill which does not have a permit pursuant to this part, except as provided in §
68-211-110
, commits a Class B misdemeanor. Each day of continued violation is a separate offense.
Acts 1969, ch. 295, § 14; 1975, ch. 109, § 5; 1980, ch. 662, § 5; T.C.A., § 53-4314; Acts 1989, ch. 591, § 113; T.C.A., § 68-31-114; Acts 1994, ch. 996, § 1.
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 211 - SOLID WASTE DISPOSAL (§§ 68-211-101 — 68-211-1105) › Part 1 - TENNESSEE SOLID WASTE DISPOSAL ACT (§§ 68-211-101 — 68-211-124) › Section 68-211-115 - Injunctions restraining violations

In addition to the penalties herein provided, the commissioner may cause the enforcement of any orders, rules or regulations issued by such commissioner or orders issued by the board to carry out this part by instituting legal proceedings to enjoin the violation of this part, and the orders, rules or regulations of the commissioner or orders of the board in any court of competent jurisdiction, and such court may grant a temporary or permanent injunction restraining the violation thereof. The district attorney general in whose jurisdiction a violation of this part occurs or the attorney general and reporter shall institute and prosecute such suits when necessity therefor has been shown by those herein clothed with the power of investigation.
Acts 1969, ch. 295, § 15; 1975, ch. 109, § 6; T.C.A., §§ 53-4315, 68-31-115.
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 211 - SOLID WASTE DISPOSAL (§§ 68-211-101 — 68-211-1105) › Part 1 - TENNESSEE SOLID WASTE DISPOSAL ACT (§§ 68-211-101 — 68-211-124) › Section 68-211-118 - No permits for landfills violating Section 11-13-111 - Exemptions

(a)
No permit to construct or operate a landfill for the disposal of solid or hazardous waste shall be granted if the location of such landfill would violate §
11-13-111
.
(b)
Section
11-13-111
and this section do not apply to the expansion of any landfill for the disposal of solid wastes currently owned and operated by a county which holds a permit issued prior to May 1, 1990, and which is operating with a valid permit on May 22, 1991.
Acts 1990, ch. 1077, § 2; 1991, ch. 431, § 1; T.C.A., § 68-31-118.
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 211 - SOLID WASTE DISPOSAL (§§ 68-211-101 — 68-211-1105) › Part 1 - TENNESSEE SOLID WASTE DISPOSAL ACT (§§ 68-211-101 — 68-211-124) › Section 68-211-119 - Baled waste - Disposal in landfills with permits - Exceptions

(a)
Baled waste may only be disposed of in a landfill that has received a permit pursuant to §
68-212-108
, unless:
(1)
The waste was baled at a location subject to inspection by the commissioner in accordance with a permit issued pursuant to regulations adopted by the board, specifying terms and conditions required for the issuance of all such permits, and the operator of the baling facility certifies on a form supplied by the commissioner that:
(A)
The waste was visually inspected before baling;
(B)
All waste which could not visually be determined to be of a type that may lawfully be accepted at the disposal or processing facility to which the waste will be transported was either:
(i)
Sampled in accordance with a plan approved by the commissioner and determined to be lawfully acceptable under the destined facility's permit, this part and rules promulgated pursuant to this part; or
(ii)
Returned to the transporter as unacceptable;
(C)
The baling facility, by processing such waste, did not violate this part; and
(D)
The waste was properly manifested; or
(2)
Such bales are verified to contain only waste of the type that the receiving landfill is permitted to receive. If the waste is not baled in accordance with a permit issued pursuant to this part, such verification shall be made by the permittee of the receiving landfill on a form supplied by the commissioner and shall contain at least the following certifications:
(A)
The department was orally notified by the permittee of the receiving landfill of the intended disposal of baled waste at least twenty-four (24) hours prior to the landfill's receipt of such waste, so that the commissioner has an opportunity to inspect or supervise inspection of the waste by the permittee so as to comply with subdivisions (a)(2)(B) and (C);
(B)
Each bale was physically opened, visually inspected and rebaled;
(C)
All waste which could not visually be determined to be of a type which the facility is permitted to receive was either:
(i)
Sampled in accordance with a plan approved by the commissioner and determined to be acceptable under the facility's permit and rules promulgated pursuant to this part; or
(ii)
Returned to the transporter as unacceptable;
(D)
The landfill, by accepting such waste, did not violate this part; and
(E)
The waste was properly manifested.
(b)
The certifications required by subdivision (a)(1) shall be submitted to the department within thirty (30) days after the waste is baled. The certifications required by subdivision (a)(2) shall be submitted to the department within thirty (30) days after the disposal of the baled waste.
Acts 1991, ch. 451, § 8; T.C.A., § 68-31-119.