reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 3 - CREATION, ORGANIZATION AND POWERS OF ADMINISTRATIVE DEPARTMENTS AND DIVISIONS (§§ 4-3-101 — 4-3-5525) › Part 5 - DEPARTMENT OF ENVIRONMENT AND CONSERVATION (§§ 4-3-501 — 4-3-515) › Section 4-3-511 - Office of energy programs - Powers concerning promoting research and development

The office of energy programs has the power in promoting research and development to:
(1)
Assist the state, its subdivisions and institutions, private parties, and any energy supplier chartered or regulated under this code, through the collection and compilation of information on energy programs throughout the state and the United States, the coordination of research and experimental projects in this state, and contracts and the issuance of grants to Tennessee institutions and citizens for research and experimentation, in the development of:
(A)
Petroleum and natural gas storage or production capacity wherever such can be located;
(B)
Coal gasification and liquefaction;
(C)
Propane, butane or methane storage, shipment, handling and rapid redistribution to areas of need;
(D)
An energy port authority in connection with a grouping and system interconnection of energy loading, unloading, storage and transfer facilities;
(E)
Magnetohydrodynamics (MHD), fluidized bed combustion and other advanced combustion and conversion facilities;
(F)
Technology and related facilities for the collection, conversion and use of solar energy;
(G)
Facilities designed to produce central heating, cooling, electrical energy, or process steam through the combustion of garbage or other wastes;
(H)
Other energy production, storage or distribution facilities, including co-generation of power; and
(I)
Technology and related facilities for the collection, conversion and use of methane gas. The office of energy programs shall cooperate with the University of Tennessee Space Institute and any other state agency studying the use of methane gas;
(2)
Promote and assist in the execution of programs to gain maximum benefit for citizens of Tennessee from the state's natural energy resources, including, but not limited to:
(A)
Coal field development and utilization, both surface and subsurface;
(B)
Oil deposits;
(C)
Natural gas for intrastate and interstate use;
(D)
Ores containing fissionable elements;
(E)
Geographical characteristics;
(F)
Resource recycling; or
(G)
Renewable resources;
(3)
Coordinate the development of energy facilities in this state; and
(4)
Monitor the spending of any public funds provided for projects under this section, and the progress of any work financed in whole or in part with such funds.
Renumbered from T.C.A. s
4-3-709
by 2016 Tenn. Acts, ch. 743,s 11, eff. 4/7/2016.
Amended by 2016 Tenn. Acts, ch. 743,s 3, eff. 4/7/2016.
Acts 1983, ch. 429, § 7; 1995, ch. 201, § 1.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 3 - CREATION, ORGANIZATION AND POWERS OF ADMINISTRATIVE DEPARTMENTS AND DIVISIONS (§§ 4-3-101 — 4-3-5525) › Part 5 - DEPARTMENT OF ENVIRONMENT AND CONSERVATION (§§ 4-3-501 — 4-3-515) › Section 4-3-512 - Office of energy programs - Powers concerning promoting conservation

The office of energy programs has the power in promoting conservation to:
(1)
Develop and implement plans, projects or programs for the purpose of energy conservation in regard to residential, commercial, industrial or governmental uses of energy;
(2)
Coordinate any energy conservation programs or projects undertaken by the state or municipal governments, or by the federal government as permitted by applicable federal law;
(3)
Participate in or carry out any federal energy conservation programs;
(4)
Recommend, in coordination with other standards and codes, energy and lighting efficiency building standards for new and renovated buildings in this state. Such standards will be mandatory for all building construction or renovation begun after they take effect. Such standards will be administered by local governments, and if such governments have standards equal to or stricter than the authority standards, the local standards will control;
(5)
Prepare, implement and administer a plan that encourages utilities to provide conservation services to their customers;
(6)
Assist the utilities of the state in their actions before those federal agencies that regulate or otherwise control specific energy supplies, if such actions are consistent with state energy policy;
(7)
Coordinate and maintain, in cooperation with other divisions, and state and federal departments and agencies, a comprehensive educational and information program on energy conservation for the general public. The office of energy programs shall make a continuing effort to keep the citizens of the state informed as to the most efficient and expeditious means of reducing their use of energy; and
(8)
Develop and carry out its programs on its own initiative, in cooperation with federal, state or local governments, or with private citizens. Such plans, projects or programs may include, but are not limited to:
(A)
Van pooling and car pooling plans and incentives;
(B)
Home weatherization;
(C)
Development of mass transit alternatives;
(D)
Incentives to promote residential conservation of energy use;
(E)
Compilation and dissemination of energy efficiency information;
(F)
Programs to promote energy conservation in industry and commerce;
(G)
Encouragement of the use and development within the state of solar, geothermal and other renewable energy resources;
(H)
Development of energy management systems; and
(I)
Development of material recycling, handling and management systems.
Renumbered from T.C.A. s
4-3-710
by 2016 Tenn. Acts, ch. 743,s 11, eff. 4/7/2016.
Amended by 2016 Tenn. Acts, ch. 743,s 4, eff. 4/7/2016.
Acts 1983, ch. 429, § 7.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 3 - CREATION, ORGANIZATION AND POWERS OF ADMINISTRATIVE DEPARTMENTS AND DIVISIONS (§§ 4-3-101 — 4-3-5525) › Part 5 - DEPARTMENT OF ENVIRONMENT AND CONSERVATION (§§ 4-3-501 — 4-3-515) › Section 4-3-513 - Office of energy programs - Set-aside program for petroleum products

(a)
(1)
The commissioner of environment and conservation, with the assistance of the office of energy programs shall develop an emergency liquid fuel allocation program to be implemented by the governor in event of an energy emergency as defined in §
58-2-101
.
(2)
The setting aside of petroleum products will be in order to help meet emergency petroleum requirements, thereby relieving the hardship caused by such shortage to entities including, but not limited to, the following:
(A)
Certain governmental entities providing emergency services;
(B)
Other entities defined by rules as promulgated by the commissioner;
(C)
Energy producers;
(D)
Telecommunications services;
(E)
Public transit;
(F)
Users engaged in agricultural production, planting and harvesting; and
(G)
Sanitation services.
(3)
The commissioner shall promulgate rules, including emergency rules pursuant to the Uniform Administrative Procedures Act, compiled in chapter 5 of this title, to govern the administration of the set-aside program, including, but not limited to, the form, procedures, criteria and priority for set-aside allocation and distribution.
(4)
The state set-aside program for petroleum products shall be operated to the extent that it does not preempt federal law.
(5)
The state set-aside program shall terminate upon the issuance of an executive order stating that a shortage of petroleum products no longer exists.
(b)
The office of energy programs shall assist with contingency plans, in coordination with power distributors in this state, to conserve electrical energy during emergency conditions. Such plans shall include the designation of priority users of electrical power.
Renumbered from T.C.A. s
4-3-711
by 2016 Tenn. Acts, ch. 743, s 11, eff. 4/7/2016.
Amended by 2016 Tenn. Acts, ch. 743, Secs.s 5, s 6, s 7 eff. 4/7/2016.
Acts 1983, ch. 429, § 7.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 3 - CREATION, ORGANIZATION AND POWERS OF ADMINISTRATIVE DEPARTMENTS AND DIVISIONS (§§ 4-3-101 — 4-3-5525) › Part 5 - DEPARTMENT OF ENVIRONMENT AND CONSERVATION (§§ 4-3-501 — 4-3-515) › Section 4-3-515 - Office of energy programs - Expenditure of funds

Any federal funds expended pursuant to §§
4-3-510
- 4-3-514 shall only be obligated or expended in accordance with the program, terms, conditions and agreement under which such funds were received, unless specific authority to modify such program, terms, conditions or agreement has been received in writing from the granting authority.
Amended by 2016 Tenn. Acts, ch. 743,s 10, eff. 4/7/2016.
Acts 1983, ch. 429, § 27.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 3 - CREATION, ORGANIZATION AND POWERS OF ADMINISTRATIVE DEPARTMENTS AND DIVISIONS (§§ 4-3-101 — 4-3-5525) › Part 6 - DEPARTMENT OF CORRECTION (§§ 4-3-601 — 4-3-612) › Section 4-3-601 - Creation

There is hereby created the department of correction.
Acts 1923, ch. 7, § 1; Shan. Supp., § 373a30; Code 1932, § 255; Acts 1937, ch. 33, § 1; 1939, ch. 11, § 1; 1955, ch. 102, § 1; modified.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 3 - CREATION, ORGANIZATION AND POWERS OF ADMINISTRATIVE DEPARTMENTS AND DIVISIONS (§§ 4-3-101 — 4-3-5525) › Part 6 - DEPARTMENT OF CORRECTION (§§ 4-3-601 — 4-3-612) › Section 4-3-602 - Commissioner - Appointment - Qualifications - Salary - Expenses - Secretary and other employees

(a)
The department of correction is under the charge and general supervision of the commissioner of correction.
(b)
It is the duty of the governor to appoint a suitable person to the position of commissioner of correction, who shall serve for a term coeval with that of the governor, or until the commissioner's successor is appointed and qualified. In the case of a vacancy in the office, it is the duty of the governor to appoint a suitable person to fill the office for the unexpired term. In order to be qualified for the office, a person shall be not less than twenty-five (25) years of age, a person of good character, and a person with training and experience in institutional operation and management in similar activities. The commissioner, upon the commissioner's appointment, shall take the oath required by law of other state officers.
(c)
The commissioner shall receive as compensation for the commissioner's services a salary to be fixed by the governor as provided in §
8-23-101
, payable monthly upon warrant of the commissioner of finance and administration, and also the commissioner's traveling expenses incurred in official business, when itemized and approved by the governor.
(d)
The commissioner shall be provided with a suitable office, and with such furniture, supplies, books and appliances as may be necessary, the expense thereof to be audited and paid like other state expenses.
(e)
The commissioner is authorized to appoint:
(1)
A secretary and stenographer for the department, who shall have charge of and keep a record of the transactions of the department and all books and accounts, and perform such other duties as may be assigned to the secretary and stenographer by the commissioner, and shall receive a salary payable monthly upon warrant of the commissioner of finance and administration; and
(2)
Such other employees as may be necessary to enable the department to efficiently discharge its duties.
Acts 1919, ch. 39, §§ 3, 4, 7; 1921, ch. 1, § 1; 1923, ch. 7, §§ 2, 58; impl. am. Acts 1923, ch. 7, §§ 1, 5, 42; Shan. Supp., §§ 312b3-312b6, 312b9, 373a32; Code 1932, §§ 257, 372-375, 378; Acts 1937, ch. 33, §§ 2, 24; 1939, ch. 11, § 2; 1939, ch. 178, § 1; impl. am. Acts 1949, ch. 38, § 1; C. Supp. 1950, §§ 373, 374, 378; impl. am. Acts 1955, ch. 102, § 1; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; impl. am. Acts 1965, ch. 252, § 1; Acts 1979, ch. 32, § 1; T.C.A. (orig. ed.), §§ 4-603 -- 4-605, 4-609; modified; Acts 1980, ch. 887, § 2.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 3 - CREATION, ORGANIZATION AND POWERS OF ADMINISTRATIVE DEPARTMENTS AND DIVISIONS (§§ 4-3-101 — 4-3-5525) › Part 6 - DEPARTMENT OF CORRECTION (§§ 4-3-601 — 4-3-612) › Section 4-3-603 - Duties of commissioner

(a)
The commissioner is the executive officer of the department of correction and has the immediate charge of the management and government of the institutions of the department, and the commissioner shall devote the commissioner's entire time and attention to the duties of the commissioner's position.
(b)
In addition to any other duties provided by law, when it appears to the commissioner, in the commissioner's sole discretion, that the available facilities and institutions of the department that are designed for the custody of inmates are overcrowded, the commissioner shall endeavor to alleviate such overcrowded conditions by contracting with local governmental entities, when possible, for the care, custody, and control in local jails, workhouses, penal farms or other such facilities, of inmates who have been committed to the department, or by any other means permitted by law.
Acts 1919, ch. 39, § 5; impl. am. Acts 1923, ch. 7, §§ 1-3, 42; Shan. Supp., § 312b7; Code 1932, § 376; impl. am. Acts 1955, ch. 102, § 1; Acts 1979, ch. 344, § 1; T.C.A. (orig. ed.), § 4-606.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 3 - CREATION, ORGANIZATION AND POWERS OF ADMINISTRATIVE DEPARTMENTS AND DIVISIONS (§§ 4-3-101 — 4-3-5525) › Part 6 - DEPARTMENT OF CORRECTION (§§ 4-3-601 — 4-3-612) › Section 4-3-604 - Investigations by commissioner

(a)
The commissioner may make such investigations as the commissioner may deem necessary to the performance of the commissioner's duties, and to that end the commissioner shall have the same power as a judge of the court of general sessions to administer oaths and to enforce the attendance and testimony of witnesses and the production of books and papers.
(b)
The commissioner shall keep a record of such investigations, stating the time, place, character or subject, witnesses summoned and examined, and the commissioner's conclusions.
(c)
In matters involving the conduct of an officer, a stenographic report of the evidence shall be taken and a copy thereof with all documents introduced kept on file at the office of the department.
(d)
The fees of witnesses for attendance and travel shall be the same as in the circuit court, but no officer or employee of the institution under investigation shall be entitled to such fees.
(e)
Any judge of the circuit court, either in term time or in vacation, upon application of the commissioner, may compel the attendance of witnesses, the production of books or papers and the giving of testimony before the commissioner, by a judgment for contempt or otherwise, in the same manner as in cases before a circuit court.
Acts 1919, ch. 39, § 25; impl. am. Acts 1923, ch. 7, §§ 1, 2, 42; Shan. Supp., § 312b48; Code 1932, § 417; impl. am. Acts 1979, ch. 68, §§ 2, 3; T.C.A. (orig. ed.), § 4-652.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 3 - CREATION, ORGANIZATION AND POWERS OF ADMINISTRATIVE DEPARTMENTS AND DIVISIONS (§§ 4-3-101 — 4-3-5525) › Part 6 - DEPARTMENT OF CORRECTION (§§ 4-3-601 — 4-3-612) › Section 4-3-605 - Organization of department

The commissioner of correction has the authority, with the approval of the governor, to organize the work of the department under such divisions as may be necessary to carry it on most efficiently and economically.
Acts 1923, ch. 7, § 43; Shan. Supp., § 373a104; Code 1932, § 323; impl. am. Acts 1955, ch. 102, § 1; T.C.A. (orig. ed.), § 4-607.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 3 - CREATION, ORGANIZATION AND POWERS OF ADMINISTRATIVE DEPARTMENTS AND DIVISIONS (§§ 4-3-101 — 4-3-5525) › Part 6 - DEPARTMENT OF CORRECTION (§§ 4-3-601 — 4-3-612) › Section 4-3-606 - Powers and duties of department

The department of correction shall exercise all the rights, powers and duties described in chapter 6 of this title and otherwise vested by law in the department, the commissioner, and the commissioner's officers, assistants and employees.
Acts 1937, ch. 33, § 58; 1939, ch. 11, § 36; C. Supp. 1950, § 255.57 (Williams, § 255.61); modified; impl. am. Acts 1955, ch. 102, § 1; T.C.A. (orig. ed.), § 4-311.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 3 - CREATION, ORGANIZATION AND POWERS OF ADMINISTRATIVE DEPARTMENTS AND DIVISIONS (§§ 4-3-101 — 4-3-5525) › Part 6 - DEPARTMENT OF CORRECTION (§§ 4-3-601 — 4-3-612) › Section 4-3-607 - Record of transactions

A record of the transactions of the department of correction shall be kept by the commissioner, or under the commissioner's direction by the secretary.
Acts 1919, ch. 39, § 6; impl. am. Acts 1923, ch. 7, §§ 1, 2, 42; Shan. Supp., § 312b8; Code 1932, § 377; T.C.A. (orig. ed.), § 4-608.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 3 - CREATION, ORGANIZATION AND POWERS OF ADMINISTRATIVE DEPARTMENTS AND DIVISIONS (§§ 4-3-101 — 4-3-5525) › Part 6 - DEPARTMENT OF CORRECTION (§§ 4-3-601 — 4-3-612) › Section 4-3-608 - Local jails - Approval of construction plans

All plans for new jails shall, before the adoption of the same by the county or city authorities, be submitted to the commissioner for suggestions and criticism.
Acts 1895, ch. 193, § 2; Shan., § 2674; impl. am. Acts 1923, ch. 7, §§ 1, 2, 42; Code 1932, § 4571; impl. am. Acts 1947, ch. 13, § 3; impl. am. Acts 1955, ch. 102, § 1; T.C.A. (orig. ed.), § 4-626.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 3 - CREATION, ORGANIZATION AND POWERS OF ADMINISTRATIVE DEPARTMENTS AND DIVISIONS (§§ 4-3-101 — 4-3-5525) › Part 6 - DEPARTMENT OF CORRECTION (§§ 4-3-601 — 4-3-612) › Section 4-3-609 - Exercise of police powers by employees

(a)
Those employees of the department of correction as the commissioner shall designate who have been trained in the use of firearms are vested with the powers and authority of law enforcement officers, including the authority to carry weapons, and may exercise such powers and authority while performing special details and assignments in the course of their duties as authorized by the commissioner. These instances may include the search for and apprehension of escapees, transporting inmates, assisting other law enforcement agencies, and other functions while on duty and under the supervision of the department.
(b)
(1)
Those employees of the department of correction appointed as special agents or as director of internal affairs and who have successfully completed law enforcement training in accordance with internal standards, including firearms training and successful completion of the Tennessee bureau of investigation's basic agent training, shall be fully vested and sworn by the commissioner as full-time law enforcement officers. The department's internal standards shall include, at a minimum, forty (40) hours initial training and eight (8) hours annual in-service training in firearms qualification administered by an instructor with certification from the Tennessee Correction Academy's firearms instructor program or from a police firearms instructor training program conducted or sanctioned by the federal bureau of investigation or the National Rifle Association. These agents and director shall have full authority to investigate and enforce the laws of the state and their mission shall focus on matters relative to the department of correction as well as those matters assisting other local, state, and federal agencies. These agents and director shall be so commissioned to carry weapons in the course of their duties and as is consistent with applicable standards for law enforcement personnel.
(2)
Persons employed by the department of correction as internal affairs special agents or as an internal affairs director shall have the full power to administer oaths and take oral and written statements.
(c)
The commissioner shall also establish internal procedures concerning appropriate exercise of the powers and authority vested by this section.
Acts 1980, ch. 485, § 1; 1985, ch. 10, § 1; 2002, ch. 525, § 1; 2009, ch. 191, § 1; 2012, ch. 603, § 1.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 3 - CREATION, ORGANIZATION AND POWERS OF ADMINISTRATIVE DEPARTMENTS AND DIVISIONS (§§ 4-3-101 — 4-3-5525) › Part 6 - DEPARTMENT OF CORRECTION (§§ 4-3-601 — 4-3-612) › Section 4-3-610 - Assistance in acquiring dogs for detection of drugs

(a)
The state of Tennessee, acting though the commissioner and department of correction, is authorized to assist counties and municipalities in acquiring dogs trained to detect marijuana and other illicit substances for use in jails and workhouses for the purposes set out in §
41-1-118
.
(b)
Sheriffs, police chiefs and other local law enforcement officials are encouraged to utilize the dogs provided for in subsection (a).
Acts 1983, ch. 120, § 3.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 3 - CREATION, ORGANIZATION AND POWERS OF ADMINISTRATIVE DEPARTMENTS AND DIVISIONS (§§ 4-3-101 — 4-3-5525) › Part 6 - DEPARTMENT OF CORRECTION (§§ 4-3-601 — 4-3-612) › Section 4-3-611 - Disclosure of the death of persons in the custody of the department of correction

The commissioner of correction shall provide a report of any death of any person in the custody of the department at a department facility within ten (10) business days of the death of such person to the state senator and representative representing such person. The legislators representing such person shall be determined by the home address of the person in the state. This section shall not apply to the deaths of persons who were not residents of Tennessee prior to being placed in the custody of the department.
Acts 2005, ch. 168, § 1.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 3 - CREATION, ORGANIZATION AND POWERS OF ADMINISTRATIVE DEPARTMENTS AND DIVISIONS (§§ 4-3-101 — 4-3-5525) › Part 6 - DEPARTMENT OF CORRECTION (§§ 4-3-601 — 4-3-612) › Section 4-3-612 - Contribution to funeral expenses of correctional employee killed in line of duty

(a)
This section shall be known and may be cited as the "Debra Johnson Act."
(b)
The department of correction may, if the commissioner of correction deems it appropriate, contribute up to two thousand dollars ($2,000) in state funds toward the funeral and burial expenses, as defined in §
1-3-105
, of any correctional employee killed in the line of duty.
Acts 2020, ch. 779, § 1.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 3 - CREATION, ORGANIZATION AND POWERS OF ADMINISTRATIVE DEPARTMENTS AND DIVISIONS (§§ 4-3-101 — 4-3-5525) › Part 7 - DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT (§§ 4-3-NEW — 4-3-739) › Section 4-3-701 - Creation

There is hereby created the department of economic and community development.
Acts 1972, ch. 852, § 4; modified.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 3 - CREATION, ORGANIZATION AND POWERS OF ADMINISTRATIVE DEPARTMENTS AND DIVISIONS (§§ 4-3-101 — 4-3-5525) › Part 7 - DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT (§§ 4-3-NEW — 4-3-739) › Section 4-3-702 - Commissioner

(a)
The department of economic and community development shall be under the charge and general supervision of the commissioner of economic and community development.
(b)
The commissioner shall be appointed by the governor.
(c)
The commissioner has the authority to promulgate rules and regulations necessary for the operation of the department or to effectuate any of the programs or responsibilities of any of the divisions of the department. Such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in chapter 5 of this title.
Acts 1972, ch. 852, §§ 6, 16; modified; T.C.A., § 4-302; Acts 1984, ch. 666, § 1.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 3 - CREATION, ORGANIZATION AND POWERS OF ADMINISTRATIVE DEPARTMENTS AND DIVISIONS (§§ 4-3-101 — 4-3-5525) › Part 7 - DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT (§§ 4-3-NEW — 4-3-739) › Section 4-3-703 - General functions

It is the function of the department of economic and community development to coordinate development services to communities, businesses and industries in the state.
Acts 1972, ch. 852, § 5; T.C.A., § 4-343.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 3 - CREATION, ORGANIZATION AND POWERS OF ADMINISTRATIVE DEPARTMENTS AND DIVISIONS (§§ 4-3-101 — 4-3-5525) › Part 7 - DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT (§§ 4-3-NEW — 4-3-739) › Section 4-3-704 - Divisions - Creation

(a)
There are created within the department of economic and community development the following divisions:
(1)
The administrative and support services division; and
(2)
The industrial development division.
(b)
The commissioner is authorized, with the consent of the governor, to appoint directors of these divisions, to combine, consolidate, or abolish any of these divisions, or to create such new divisions as are necessary to carry out the duties imposed upon the commissioner and this department.
Amended by 2016 Tenn. Acts, ch. 743, s 1, eff. 4/7/2016.
Acts 1959, ch. 9, § 11; 1963, ch. 169, §§ 1, 3; 1972, ch. 852, § 10; 1976, ch. 468, § 7; T.C.A., § 4-343; Acts 1983, ch. 429, § 5.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 3 - CREATION, ORGANIZATION AND POWERS OF ADMINISTRATIVE DEPARTMENTS AND DIVISIONS (§§ 4-3-101 — 4-3-5525) › Part 7 - DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT (§§ 4-3-NEW — 4-3-739) › Section 4-3-705 - Administrative and support services division - Functions

It is the function of the administrative and support services division to provide development services and marketing programs for the other divisions of this department and to provide administrative and budgetary services for the entire department.
Acts 1972, ch. 852, § 11; T.C.A., § 4-343.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 3 - CREATION, ORGANIZATION AND POWERS OF ADMINISTRATIVE DEPARTMENTS AND DIVISIONS (§§ 4-3-101 — 4-3-5525) › Part 7 - DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT (§§ 4-3-NEW — 4-3-739) › Section 4-3-706 - Industrial development - Powers and duties

(a)
It is the function of the department of economic and community development to stimulate the creation of new jobs and income through services to business and industry.
(b)
The department shall exercise all of the administrative powers, duties and functions described in §§
4-14-103
- 4-14-107.
(c)
The department has the power to make rules and regulations not inconsistent with law for the administration of its functions and duties.
(d)
The department shall provide for the administration of title 68, chapter 202, part 1.
Acts 1959, ch. 9, § 11; 1963, ch. 169, §§ 2, 3; 1972, ch. 852, § 12; T.C.A., §§ 4-331, 4-343; modified; Acts 1985, ch. 256, § 6.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 3 - CREATION, ORGANIZATION AND POWERS OF ADMINISTRATIVE DEPARTMENTS AND DIVISIONS (§§ 4-3-101 — 4-3-5525) › Part 7 - DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT (§§ 4-3-NEW — 4-3-739) › Section 4-3-707 - Industrial development authority - Transfer of duties

The duties required of the Tennessee industrial development authority as of June 30, 1981, relative to the outstanding loan guarantees and commitments made by the authority, are transferred to the department of economic and community development.
Acts 1981, ch. 521, §§ 2, 3.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 3 - CREATION, ORGANIZATION AND POWERS OF ADMINISTRATIVE DEPARTMENTS AND DIVISIONS (§§ 4-3-101 — 4-3-5525) › Part 7 - DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT (§§ 4-3-NEW — 4-3-739) › Section 4-3-709 - Designation as broadband ready community

(a)
A political subdivision may apply to the department of economic and community development for designation as a "broadband ready community" pursuant to guidelines established by the department. The guidelines for designation must include a requirement that the political subdivision has adopted an efficient and streamlined ordinance or policy for reviewing applications and issuing permits related to projects relative to broadband services. The ordinance or policy must contain the following:
(1)
A single point of contact for all matters related to a project;
(2)
A provision that all applications related to a project will be reviewed and either approved or denied within thirty (30) business days after the application is submitted; and
(3)
An authorization that all forms, applications, and documentation related to a project may be signed by electronic means, where possible.
(b)
A political subdivision shall not be designated a broadband ready community if the ordinance or policy:
(1)
Requires an applicant to designate a final contractor to complete a project;
(2)
Imposes an unreasonable fee for reviewing an application or issuing a permit for a project. A fee that exceeds one hundred dollars ($100) is unreasonable for the purposes of this section;
(3)
Imposes a seasonal moratorium on the issuance of permits for projects; or
(4)
Discriminates among communications services providers or utilities with respect to any action related to a broadband project, including granting access to public rights-of-way, infrastructure and poles, and any other physical assets owned or controlled by the political subdivision.
Added by 2017 Tenn. Acts, ch. 228,s 2, eff. 4/24/2017.
Prior version renumbered as T.C.A. s
4-3-511
by 2016 Tenn. Acts, ch. 743,s 11, eff. 4/7/2016.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 3 - CREATION, ORGANIZATION AND POWERS OF ADMINISTRATIVE DEPARTMENTS AND DIVISIONS (§§ 4-3-101 — 4-3-5525) › Part 7 - DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT (§§ 4-3-NEW — 4-3-739) › Section 4-3-714 - Legislative intent - Reports

It is the intent of the general assembly that the department of economic and community development provide periodic reports to the government operations committees of the senate and the house of representatives relative to corrective steps to address the audit findings of the office of the comptroller.
Acts 2006, ch. 936, § 3.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 3 - CREATION, ORGANIZATION AND POWERS OF ADMINISTRATIVE DEPARTMENTS AND DIVISIONS (§§ 4-3-101 — 4-3-5525) › Part 7 - DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT (§§ 4-3-NEW — 4-3-739) › Section 4-3-715 - Short title - Purpose

Sections
4-3-715
- 4-3-717 shall be known and may be cited as "The Tennessee Job Growth Act of 2005" and are enacted for the purpose of establishing the FastTrack infrastructure development and job training assistance and economic development programs within the department of economic and community development to assist new and existing business and industry that locate or expand in this state and create or retain jobs.
Acts 2005, ch. 233, § 2; 2012, ch. 1038, § 1.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 3 - CREATION, ORGANIZATION AND POWERS OF ADMINISTRATIVE DEPARTMENTS AND DIVISIONS (§§ 4-3-101 — 4-3-5525) › Part 7 - DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT (§§ 4-3-NEW — 4-3-739) › Section 4-3-718 - Propelling rural economic progress (P.R.E.P.)

(a)
The propelling rural economic progress fund, referred to as the "P.R.E.P. fund" in this part, is established as a separate account in the general fund.
(b)
The P.R.E.P. fund shall be composed of:
(1)
Funds appropriated by the general assembly for the P.R.E.P. fund; and
(2)
Gifts, grants, and other donations received by the department of economic and community development for the P.R.E.P. fund.
(c)
Moneys in the P.R.E.P. fund may be used by the department of economic and community development for program administration, marketing expenses, and program evaluation; provided, however, such expenses shall not exceed five percent (5%) of the total amount appropriated for the program in any fiscal year.
(d)
Subject to the availability of revenue at the end of each fiscal year, the commissioner of finance and administration is authorized to carry forward any amounts remaining in the P.R.E.P. fund or transfer any part of the fund to the revenue fluctuation reserve.
(e)
Moneys in the P.R.E.P. fund shall be invested by the state treasurer pursuant to title 9, chapter 4, part 6, for the sole benefit of the P.R.E.P. fund, and interest accruing on investments and deposits of the P.R.E.P. fund shall be returned to and remain part of the P.R.E.P. fund.
(f)
To the extent practicable, moneys from the P.R.E.P. fund shall be spent in all three (3) grand divisions of the state.
(g)
New commitments made by the commissioner of economic and community development for grants from the P.R.E.P. fund shall not exceed the appropriations made for the purposes of the program. In each fiscal year, the P.R.E.P. fund shall be managed so that actual expenditures and obligations to be recognized at the end of the fiscal year shall not exceed any available reserves and appropriations of the programs.
(h)
At least quarterly, the commissioner of economic and community development shall report to the commissioner of finance and administration the status of the commitments from the P.R.E.P. fund. The report shall include at least the following information: the amount of each commitment accepted since the previous report; the applicant receiving the benefit of each commitment; the total outstanding commitments; and the total unobligated balance. A copy of the report shall be transmitted to the speaker of the house of representatives and the speaker of the senate, the chairs of the finance, ways and means committees, the state treasurer, the state comptroller, the office of legislative budget analysis, and the secretary of state.
Added by 2016 Tenn. Acts, ch. 1019, s 1, eff. 7/1/2016.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 3 - CREATION, ORGANIZATION AND POWERS OF ADMINISTRATIVE DEPARTMENTS AND DIVISIONS (§§ 4-3-101 — 4-3-5525) › Part 7 - DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT (§§ 4-3-NEW — 4-3-739) › Section 4-3-719 - Grants from the P.R.E.P. fund

(a)
Grants from the P.R.E.P. fund created in §
4-3-718
may be made in all counties where the commissioner of economic and community development determines that the grants will have a direct impact on employment and investment opportunities in the future.
(b)
Grants from the P.R.E.P. fund may be made only to local governments or their economic development organizations, other political subdivisions of the state, any subdivision of state government, or to not-for-profit organizations.
(c)
Grants from the P.R.E.P. fund may be used to facilitate economic development activities in rural areas or in a manner that directly impacts rural areas. These activities include: site development activities; infrastructure activities; tourism-related activities; planning activities; training and mentoring activities; entrepreneurship activities; significant technological improvements; or other economic development activities determined by the commissioner of economic and community development to have a beneficial impact on the economy of this state.
(d)
Notwithstanding any other law to the contrary, the department shall post the following information on its website at least quarterly:
(1)
The name of each P.R.E.P. fund grant recipient;
(2)
The amount of each P.R.E.P. fund grant; and
(3)
A description of the project to be funded by each P.R.E.P. fund grant.
Added by 2016 Tenn. Acts, ch. 1019, s 1, eff. 7/1/2016.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 3 - CREATION, ORGANIZATION AND POWERS OF ADMINISTRATIVE DEPARTMENTS AND DIVISIONS (§§ 4-3-101 — 4-3-5525) › Part 7 - DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT (§§ 4-3-NEW — 4-3-739) › Section 4-3-720 - Short title - Purpose - Contributions made by governmental entity pursuant to master development plan

(a)
This section shall be known, and may be cited as, the "Master Development Plan Recognition Act."
(b)
The purpose of this section is to define those actions taken by a governmental entity that constitute contributions made by the governmental entity pursuant to a master development plan approved by the governmental entity for purposes of Section 118 of the Internal Revenue Code of 1986 (
26 U.S.C. § 118
), as amended by Pub. L. No. 115-97, § 13312.
(c)
Contributions made by a governmental entity pursuant to a master development plan approved by the governmental entity within the meaning of Section 118 of the Internal Revenue Code of 1986 (
26 U.S.C. § 118
), as amended by Pub. L. No. 115-97, § 13312, include, but are not limited to, the following:
(1)
Grants approved by the commissioner of economic and community development, including grants authorized or otherwise referenced in this part, regardless of whether the grants are also approved by any other agency, board, or other office of state government, and regardless when the funding in connection with the grant is authorized or paid, or both;
(2)
Grants approved by an authorized representative of any county or municipality within the state of Tennessee or any agency of, or entity created by, the county or municipality, whether the funding for the grants originates in whole or in part with the state of Tennessee or with the county or municipality, including, but not limited to, grants that are authorized by, or referenced in, this part, and regardless of when the funding in connection with the grant is authorized or paid, or both;
(3)
Tax increment financing applications for which a letter, or final, preliminary, or conditional approval, has been issued by an appropriate representative of state, county, or municipal government, and regardless of when the funding in connection with the tax increment financing application is authorized or paid, or both; and
(4)
Any other development plan, redevelopment plan, revitalization plan, or similar plan approved by an appropriate representative of state, county, or municipal government, and regardless of when the funding in connection with the plan is authorized or paid, or both.
Acts 2018 , ch. 852, § 1.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 3 - CREATION, ORGANIZATION AND POWERS OF ADMINISTRATIVE DEPARTMENTS AND DIVISIONS (§§ 4-3-101 — 4-3-5525) › Part 7 - DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT (§§ 4-3-NEW — 4-3-739) › Section 4-3-721 - Report relating to disaster resilience

The commissioner of economic and community development is directed to report to the local government committee of the house of representatives and the state and local government committee of the senate each year on or before January 15 concerning the department of economic and community development's financial and program monitoring of the use of federal community development block grant funding to counties and municipalities from the United States department of housing and community development for disaster resilience purposes. The reports to the legislative committees shall continue annually until the commissioner certifies that no funds remain to be expended for disaster resilience from the federal community development block grant funding.
Acts 2018, ch. 947, § 1.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 3 - CREATION, ORGANIZATION AND POWERS OF ADMINISTRATIVE DEPARTMENTS AND DIVISIONS (§§ 4-3-101 — 4-3-5525) › Part 7 - DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT (§§ 4-3-NEW — 4-3-739) › Section 4-3-727 - Local government planning advisory committee

(a)
There is created a local government planning advisory committee composed of seven (7) officers of local governments to be appointed by the governor for a term of four (4) years; provided, that four (4) of the members shall be appointed for an initial term of four (4) years and three (3) for an initial term of two (2) years.
(b)
Membership on the committee shall terminate upon:
(1)
Separation of any member from local government office; or
(2)
The failure of any member to attend three (3) consecutive meetings of the committee.
(c)
The governor shall fill vacancies for any unexpired term.
(d)
No member shall serve for more than one (1) consecutive term.
(e)
All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter. All members of the committee shall serve as such without compensation, but they shall be allotted necessary traveling and other appropriate expenses while engaged in the work of or for the committee.
(f)
The committee has the duty to exercise the powers over regional planning commissions provided for in §§
13-3-101
and
13-3-102
.
(g)
The committee shall adopt and implement a conflict of interest policy for committee members. The policy shall mandate annual written disclosures of financial interests, other possible conflicts of interest, and an acknowledgement by committee 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 committee to acknowledge, as a condition of appointment, that they are not in conflict with the conditions of the policy.
Amended by 2013 Tenn. Acts, ch. 252, s 5, eff. 4/19/2013.
Acts 1972, ch. 542, § 7; 1976, ch. 806, § 1(51); T.C.A., § 13-102; T.C.A., § 13-1-102; Acts 1983, ch. 442, § 2; 1985, ch. 104, § 1; 1988, ch. 548, § 3; 2011 , ch. 509, § 3.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 3 - CREATION, ORGANIZATION AND POWERS OF ADMINISTRATIVE DEPARTMENTS AND DIVISIONS (§§ 4-3-101 — 4-3-5525) › Part 7 - DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT (§§ 4-3-NEW — 4-3-739) › Section 4-3-728 - Community development block grants to disadvantaged businesses

(a)
Notwithstanding any law to the contrary, in the allocation and use of community development block grants it is the policy of this state that a substantial portion of such grants shall be utilized whenever reasonably possible for the development of contracts with disadvantaged businesses as defined in §
4-26-102
.
(b)
The office of business enterprise in the department of economic and community development shall advise the commissioner, or any other official with authority to allocate or disperse community block grants, of disadvantaged businesses that should be considered as recipients of such block grants.
(c)
The office of business enterprise shall annually report not later than December 1, to the general assembly, of all such advisements regarding disadvantaged businesses and the number of or amount of community block grants received by disadvantaged businesses.
Acts 1984, ch. 873, § 1.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 3 - CREATION, ORGANIZATION AND POWERS OF ADMINISTRATIVE DEPARTMENTS AND DIVISIONS (§§ 4-3-101 — 4-3-5525) › Part 7 - DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT (§§ 4-3-NEW — 4-3-739) › Section 4-3-729 - Reserved

Repealed by 2017 Tenn. Acts, ch. 180, s 1, eff. 4/24/2017.
Acts 1988, ch. 620, § 1.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 3 - CREATION, ORGANIZATION AND POWERS OF ADMINISTRATIVE DEPARTMENTS AND DIVISIONS (§§ 4-3-101 — 4-3-5525) › Part 7 - DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT (§§ 4-3-NEW — 4-3-739) › Section 4-3-732 - Enhanced policymaking role for minority business

Notwithstanding any law to the contrary, the director of the office of business enterprise, created by §
4-26-101
, may, in the discretion of the commissioner, serve as a full, voting member of each committee, board, task force, group or other entity that is formally or informally attached to or established within the department for the purpose of formulating, adopting or recommending state policies to enhance economic and community development. The general assembly urges the department of economic and community development to develop an enhanced policymaking role for minority business.
Acts 1996, ch. 976, § 1.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 3 - CREATION, ORGANIZATION AND POWERS OF ADMINISTRATIVE DEPARTMENTS AND DIVISIONS (§§ 4-3-101 — 4-3-5525) › Part 7 - DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT (§§ 4-3-NEW — 4-3-739) › Section 4-3-733 - Historically black college or university consortium or technology partnership - Memorandum of cooperation

(a)
The department of economic and community development is authorized and directed to provide all necessary and appropriate administrative assistance, support, and guidance to facilitate strategy development and coordinated implementation by the Tennessee HBCU consortium and the Tennessee HBCU technology partnership to accomplish their respective and mutual key objectives.
(b)
In furtherance of subsection (a), the department may enter into one (1) or more memoranda of cooperation with the consortium and the partnership on such terms as are deemed by the commissioner to be appropriate, mutually beneficial, and in the best interest of the consortium and the partnership.
Acts 2003 , ch. 324, § 2.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 3 - CREATION, ORGANIZATION AND POWERS OF ADMINISTRATIVE DEPARTMENTS AND DIVISIONS (§§ 4-3-101 — 4-3-5525) › Part 7 - DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT (§§ 4-3-NEW — 4-3-739) › Section 4-3-734 - [Repealed]

Repealed by 2023 Tenn. Acts, ch. 312,s 4, eff. 7/1/2023.
Acts 2008 , ch. 907, § 1.
2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 3 - CREATION, ORGANIZATION AND POWERS OF ADMINISTRATIVE DEPARTMENTS AND DIVISIONS (§§ 4-3-101 — 4-3-5525) › Part 7 - DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT (§§ 4-3-NEW — 4-3-739) › Section 4-3-735 - Energy efficiency and environmental building standards

Energy efficiency and environmental building standards adopted by the state or by local jurisdictions:
(1)
May include the use of a sheathing with factory applied radiant barrier with an emissivity rating of five one hundredths (0.05) or less or a sheet radiant barrier with an emissivity rating of five one hundredths (0.05) or less that also meets the specifications of ASTM C1313 and is installed according to ASTM C1158; and
(2)
May include the use of lumber and engineered wood products that originate from sustainable sources and are certified through the:
(A)
SFI (Sustainable Forestry Initiative);
(B)
CSA (Canadian Standards Association);
(C)
ATFS (American Tree Farms System);
(D)
PEFC (Programme for the Endorsement of Forest Certification) endorsed schemes; and
(E)
FSC (Forest Stewardship Council).
Acts 2008, ch. 907, § 2.