Title 68, Health, Safety and Environmental Protection

By this part, Tennessee shall become a party to the southeast interstate low-level radioactive waste compact in accordance with the terms of the compact. “Compact” means the southeast interstate low-level radioactive waste compact. The compact is as follows: Article I. Policy and…

The commission members from Tennessee shall be appointed by the governor and shall serve until their successors are duly appointed.

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.

The departments, agencies and officers of this state and its subdivisions are authorized to cooperate with the compact commission in the furtherance of any of its activities pursuant to the compact.

The commissioner is authorized to promulgate rules and regulations as are necessary to effectuate the policies of the commission or this part. Rules and regulations shall include, but are not limited to, requirements and standards regarding the generation, processing, packaging, …

The commissioner or the commissioner's duly authorized representative is authorized to make inspections and examinations of the radiation sources which are subject to this part as the commissioner may deem proper, and for this purpose shall have the right to enter, at any reasona…

(a) Any person who violates or fails to comply with any provision of this part, any order issued in accordance with this part, or any rule, regulation, or standard adopted pursuant to this part, or who fails to pay a lawfully levied fee, is subject to a civil penalty of not less …

In addition to the penalties provided in this part, the commissioner may cause the enforcement of any orders, rules or regulations issued by the commissioner or the provisions of this part by instituting legal proceedings to enjoin the violation of this part, and the orders, rule…

(a) Upon receipt of information that any person is or may be in violation of any of the provisions of this part or the rules and regulations adopted thereunder, the commissioner or the commissioner's designee may request that the person appear informally and show cause why enforc…

(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 f…

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…

(a) (1) In order to facilitate the proper administration of each statute listed in § 68-203-101(b), the department of environment and conservation shall charge fees for the various services and functions it performs under each of those statutes, including, but not limited to, per…

(a) (1) Notwithstanding any law to the contrary, upon receiving from the commissioner of finance and administration the approved work program allotments, as provided in § 9-4-5110, for the department of environment and conservation, the commissioner of environment and conservatio…

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 require…

There is created the state energy policy council, to be administratively attached to the office of the comptroller of the treasury.

For the purposes of this chapter, “council” means the state energy policy 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 domes…

(a) The council is composed of twenty-two (22) members as follows:(1) The governor shall appoint:(A) One (1) representative of energy resource extraction or energy production industries, excluding the Tennessee Valley authority, who may be appointed from lists of qualified person…

(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 mee…

(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 cou…

(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 agencie…

(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 § …

(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 di…

(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 …

(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…

(1) As used in this chapter:(1) “Capital provider” means a private third-party entity, including its designee, successor, and assigns, that makes or funds C-PACER financing, including refinancing, under this chapter;(2) “Commercial property” means:(A) Privately owned commercial, …

(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 de…

(a) A local government may establish a C-PACER program and exercise all powers granted under this chapter. (b) (1) The local government shall designate a region within its boundaries as an area in which C-PACER activities are eligible.(2) If the local government is a county, then…

(a) To establish a C-PACER program under this chapter, the local government must act in the following order:(1) Adopt a resolution of intent that includes:(A) A finding that the financing of qualified projects through special assessments is a valid public purpose;(B) A statement …

(1) 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 prope…

(a) A program must establish a C-PACER application and review process to evaluate project applications for C-PACER financing. The program must prescribe the form and manner of the application. At a minimum:(1) An applicant must demonstrate that the project provides a benefit to t…

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.

(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 m…

(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 n…

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 chapte…

(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 …

(1) 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 …

Residential property consisting of four (4) or fewer dwelling units does not qualify for financing under the C-PACER program.

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,…

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 …

(a) This chapter is known and may be cited as the “Tennessee Energy Freedom Act.” (b) As used in this chapter, unless the context otherwise requires:(1) “Annual emissions baseline” means the highest total carbon dioxide emissions in the People's Republic of China and India combin…

(a) The purpose of this chapter is to protect the substantive right to engage in covered activities and to prevent discrimination against the exercise of such right. Courts and covered governments that fail to give full faith and credit to this chapter, or to records or judicial …

(a) A natural person or company required by a law to file reports with this state or a covered government may seek declaratory relief to conclusively determine and establish a definitive record of the person's covered emissions in this state from one (1) or more of the following:…

This part shall be known and may be cited as the “Used Oil Collection Act of 1993.”

(1) As used in this part, unless the context otherwise requires:(1) “Automotive fluid collection center” means a facility, including, without limitation, a fixed location, tank, truck, and container, that accepts used oil or any other automotive fluid from DIYers;(2) “Automotive …

(a) It is the intent of the general assembly to reduce the amount of improperly disposed used oil and other automotive fluids by providing incentives to increase the number of collection facilities for used oil and other automotive fluids. (b) It is the purpose of this part to pr…