TCV Full Session Comprehensive

SB128 / HB441 Grants for energy efficient capital outlay projects - charter schools. Sponsors Sen. Jim Tracy / Rep. Dawn White

Description Allows the energy efficient schools council to award grants or loans for energy efficient capital outlay projects to charter schools and the achievement school district in addition to the public school systems.

Senate Status 03/03/2015 - Taken off notice in Senate Education Committee.House Status 02/11/2015 - Referred to House Education Administration and Planning Subcommittee.

SB354 / HB422 Imposes highway maintenance fee for miles driven. Sponsors Sen. Paul Bailey / Rep. Cameron Sexton

Description Creates the Public Highway Maintenance Act of 2015. Requires persons who operate a commercial motor vehicle on a public highway to pay a surcharge at the rate of 13 cents per gallon of diesel fuel used the operator. Requires operators of commercial vehicles that have a weight rating over 59,999 pounds to pay a highway maintenance fee of 2.85 cents per mile. Requires additional revenue to be distributed in a particular format. Authorizes a franchise and excise tax credit in the amount of highway maintenance fees and surcharges paid by motor carriers domiciled in Tennessee.

Senate Status 04/13/2016 - Senate Finance, Ways & Means Committee deferred to the next calendar. House Status 01/27/2016 - Taken off notice in House Transportation Subcommittee.

SB390 / HB442 Noncommercial gold mining authorized. Sponsors Sen. Frank Niceley / Rep. Steve McDaniel

Description Authorizes the activity of noncommercial gold mining in streams of this state and specifies than any noncommercial gold mining in that state shall be subject to a general permit. Specifies requirements for applying for a Class I or II noncommercial gold mining permit. (10pp.)

Senate Status 03/25/2015 - Taken off notice in Senate Energy, Agriculture & Natural Resources Committee.

House Status 04/01/2015 - Taken off notice in House Agriculture & Natural Resources Committee.SB394 / HB521 Program to verify products contain no genetically modified organisms.

Sponsors Sen. Frank Niceley / Rep. Sheila Butt Description Allows a person, company, or entity to participate in the Non-GMO Project's product

verification program to ensure that the food or products offered for retail sale is not genetically engineered. Specifies that participants also include a producer, distributor, or retailer that offers food for retail sale. Requires the food to be labeled "Non-GMO Project Verified" upon verification by a technical administrator that such food is not genetically engineered. Allows a participant to withdraw from the program at any time. However, upon withdrawal from the program, the participant must remove the "Non-GMO Project Verified" seal from all of the participant's food labels and packaging.

Senate Status 03/31/2015 - Taken off notice in Senate Commerce & Labor Committee.House Status 03/25/2015 - House Agriculture & Natural Resources Subcommittee deferred to summer

study after adopting amendment 1.SB419 / HB257 Operation of utility systems.

Sponsors Sen. Becky Duncan Massey / Rep. Cameron Sexton Description Removes language that allows municipal utility systems to operate water and sewer systems

as individual or combined entities, and removes language that allows municipal utility systems to operate a public works system as a special revenue fund.

Senate Status 02/11/2015 - Referred to Senate State & Local Government Committee.House Status 03/24/2015 - Taken off notice in House Business & Utilities Subcommittee.

SB433 / HB238 Extending the number of years certain school buses may operate. Sponsors Sen. Janice Bowling / Rep. David Byrd

Description Extends the allowable number of years for Class A1 or A2 school buses to 15 years of service. Applies only to any specially equipped school manufactured on or after July 1, 2005. Any specially equipped school bus manufactured prior to July 1, 2005 may be in use only until the bus reaches 12 years of service if the bus is a Class A2, and 10 years of service if the bus is a Class A1.

Amendment HOUSE AMENDMENT 2 (003878) deletes all language of the original bill. Authorizes the use of Type A buses for a period of 15 years. Requires such buses to meet all safety and use requirements. Bus owners shall notify the Department of Safety (DOS) upon a bus reaching its fifteenth year of service and authorizes buses that reach their fifteenth year of

service during an academic year to remain in service until the end of the academic year. Requires the State Board of Education to make rules and regulations to effectuate this act.

Senate Status 01/20/2016 - Senate passed.House Status 04/13/2015 - House passed with amendment 2.

Executive Status 02/17/2016 - Enacted as Public Chapter 0529 effective January 28, 2016.SB450 / HB525 Hamilton County - Neighborhood Preservation Act.

Sponsors Sen. Todd Gardenhire / Rep. Patsy Hazlewood Description Makes the Neighborhood Preservation Act applicable to Hamilton

County. Senate Status 02/11/2015 - Referred to Senate State & Local Government Committee.House Status 02/18/2015 - Referred to House Local Government Subcommittee.

SB459 / HB185 Prohibits the infringement or restriction of private property rights. Sponsors Sen. Mike Bell / Rep. Sheila Butt

Description Prohibits the state or any political subdivision from adopting or implementing any policy that infringes upon or restricts private property rights without due process of law. Repeals any law in conflict with the act and prohibits contracts that are in conflict with the act from being entered into or renewed on or after the effective date of the act.

Senate Status 04/08/2015 - Taken off notice in Senate Judiciary Committee.House Status 03/23/2016 - Taken off notice in House State Government Subcommittee.

SB468 / HB406 Rulemaking - amendments to rules. Sponsors Sen. Mike Bell / Rep. Jeremy Faison

Description Authorizes agencies to amend a rule pursuant to a request from the government operations committee without having to initiate a new rulemaking process. Provides that an amendment to a rule must still be filed with the secretary of state, reviewed by the attorney general and reporter, and reviewed by the government operations committees. Specifies that an amendment to a rule may completely rewrite a rule or only portions of the rule, depending on the notice filed with the secretary of state's office for the amendment and the committee's request for the amendment.

Senate Status 03/11/2015 - Senate Government Operations Committee deferred to 3/25/2015.House Status 03/17/2015 - Taken off notice in House Government Operations Committee.

SB493 / HB1124 Certain rules proposed by agency require public hearing before filing. Sponsors Sen. Mike Bell / Rep. Jeremy Faison

Description Prohibits an agency that has filed an emergency rule from filing a proposed rule on the same subject without first holding a public rulemaking hearing.

Senate Status 03/11/2015 - Taken off notice in Senate Government Operations Committee.House Status 02/23/2015 - Referred to House Government Operations Committee.

SB508 / HB443 Sale of used motor vehicles - denial of license. Sponsors Sen. Jack Johnson / Rep. Charles M. Sargent

Description Revises the provision that prevents an applicant from obtaining a license to sell motor vehicles if there was a statement in the license application that was, in light of the circumstances under which it was made, false or misleading, by removing the language "in light of the circumstances under which it was made."

Amendment SENATE AMENDMENT 1 (004325) deletes all language after the enacting clause. Establishes that no motor vehicle dealer license shall be required to purchase salvage or nonrepairable motor vehicles from an automobile auction if such auction primarily sells motor vehicles on consignment and annually sells in this state at least 10,000 nonrepairable vehicles, salvage vehicles, and vehicles that are a combination of both nonrepairable and salvage vehicles. Establishes that a motor vehicle dealer license shall not be required to purchase motor vehicles that are not repairable and that are not salvage vehicles from an automobile auction if the vehicles to be purchased weigh less than 10,000 pounds gross vehicle rating, have a value of less than $4,000 or are vehicles not covered under the Tennessee Consumer Protection Act of 1977. States that the provisions of this act shall not limit the sale of nonrepairable vehicles or salvage vehicles titled in a state other than Tennessee, or the sale of nonrepairable or salvage vehicles to a person residing in a state other than Tennessee. Specifies the effective date as July 1, 2015. HOUSE AMENDMENT 1 (011057) deletes all language after the enacting clause. Establishes that no licensed motor vehicle dealer shall be required to purchase nonrepairable vehicles, salvage vehicles, or a combination thereof from an automobile auction if such auction primarily sells motor vehicles on consignment. Establishes that no natural person who resides in this state may purchase at retail more than five nonrepairable vehicles, salvage vehicles, or a combination thereof within a twelve-month period. Such five-car limit does not apply to partnerships, corporations, associations, trusts, estates, or any other legal entity. Establishes that the provisions of this

act shall not limit the sale of nonrepairable vehicles or salvage vehicles titled in a state or jurisdiction other than Tennessee, or the sale of nonrepairable or salvage vehicles to a person residing in a state other than Tennessee. Requires each automobile auction entity that sells nonrepairable vehicles or salvage vehicles, to maintain an electronic record of transactional details for a period of two years. Requires each automobile auction entity to make such records available upon request to law enforcement officers, the Department of Revenue, and the Motor Vehicle Commission. A violation of this statute is a Class A misdemeanor, punishable by a fine of no less than $1,000 and no more than $2,500. Any action to impose a penalty may be brought in a court of competent jurisdiction by a District Attorney or the Attorney General and Reporter. Requires monies generated by this fine to be used only for purposes of enforcement, investigation, prosecution, and training. Establishes an effective date of July 1, 2016.

Senate Status 02/10/2016 - Senate concurred in House amendment 1.House Status 02/04/2016 - House passed with amendment 1.

Executive Status 03/04/2016 - Enacted as Public Chapter 0533 effective July 1, 2016.SB549 / HB775 Zoning amendment requires written consent of property owner.

Sponsors Sen. Frank Niceley / Rep. Martin Daniel Description Requires any zoning amendment affecting a parcel of private property to take effect only

upon written consent of the owner of that property.Senate Status 03/15/2016 - Taken off notice in Senate State & Local Government Committee.House Status 03/09/2016 - Taken off notice in House Local Government Subcommittee.

SB551 / HB1217 Labeling requirements for plants and seed sold in TN. Sponsors Sen. Frank Niceley / Rep. Joe Towns Jr.

Description Requires that plants and seeds sold in Tennessee be labeled to indicate open pollination, genetic modification, and hybridization.

Senate Status 03/25/2015 - Taken off notice in Senate Energy, Agriculture & Natural Resources Committee.

House Status 03/15/2016 - Failed in House Agriculture & Natural Resources Subcommittee.SB689 / HB764 Recycling and composting information in annual TDEC report.

Sponsors Sen. Steve Southerland / Rep. Brenda Gilmore Description Requires that TDEC include information concerning recycling and composting efforts under

the state's comprehensive solid waste management plan in its annual report to the governor and general assembly concerning the solid waste management system.

Amendment Senate amendment 1 (004819) deletes all language of the original bill, except for the effective date provision, such that the amended bill requires the Department of Environment and Conservation (TDEC) to include progress implementation updates, including projected implementation steps on each specific component of the state's comprehensive solid waste management plan in the department's annual report to the Governor and the General Assembly.

Senate Status 04/01/2015 - Senate passed with amendment 1.House Status 03/07/2016 - House passed.

Executive Status 03/28/2016 - Enacted as Public Chapter 0607 effective May 1, 2016.SB696 / HB1218 Genetically Engineered Food Labeling Act.

Sponsors Sen. Frank Niceley / Rep. Joe Towns Jr. Description Enacts the "Genetically Engineered Food Labeling Act." Requires any food offered for retail

sale that is genetically engineered be accompanied with a conspicuous disclosure that states "Produced with Genetic Engineering. Specifies that a distributor or retailer that sells or advertises food that is genetically engineered and fails to make the disclosure shall not be subject to liability in any civil action if the distributor or retailer relied on the affidavit by the producer or grower stating that the food is not subject to the disclosure requirements. Creates exemptions from the labeling requirement. Requires the department to assess a fine to not exceed $1,000 per day, for each misbranded product and prohibits private right of actions.

Senate Status 03/15/2016 - Taken off notice in Senate Commerce & Labor Committee.House Status 03/15/2016 - Failed in House Agriculture & Natural Resources Subcommittee.

SB749 / HB779 Abolishes deannexation by ordinance. Sponsors Sen. Bo Watson / Rep. Mike Carter

Description Requires deannexation of territory containing a street, highway, avenue, boulevard, publicly-owned right-of-way, bridge, tunnel, public parking area, or any other public way dedicated to public use and maintained for general public travel to take place by a vote of two-thirds of the county legislative body. Requires reallocation of certain funds if a municipality deannexes roadway. Specifies voting procedures. Makes other revision reflecting this change.

Amendment SENATE STATE & LOCAL GOVERNMENT COMMITTEE AMENDMENT 1 (004496) deletes and rewrites the bill in its entirety. Authorizes municipalities to rescind street deannexation by two-thirds vote of the legislative body. Authorizes only voters within the deannexation zone to vote in a deannexation election. Authorizes municipality to continue to levy taxes for debt incurred prior to the deannexation. SENATE STATE & LOCAL GOVERNMENT COMMITTEE AMENDMENT 2 (005281) deletes and rewrites the bill in its entirety. Authorizes municipalities to propose by resolution annexation of territory that does not adjoin the boundary of the main part of the municipality, without extending the corporate limits of that territory, if the territory proposed for annexation is entirely contained within a municipality's urban growth boundary and is either used for industrial or commercial purpose or is owned by one or more governmental entities. Requires consent of the property owners. Requires the plan of service to be included in the resolution. Requires an inter-local agreement between the relevant county and the municipality to provide relevant services. HOUSE AMENDMENT 2 (013024) deletes all language after the enacting clause of the original bill. Requires a municipality to submit a map of de-annexed streets or roads to the Commissioner of Finance and Administration within six months of the effective date of this legislation becoming law. Within one year of the submission of such plans, the Commissioner is required to equitably reflect the changes to the municipality's boundaries and to revise and relocate any funding distributed to the municipality or county for improvement or maintenance of streets or roads. A municipality may elect to rescind the de-annexation of the street or road within six months of the effective date of this legislation becoming law. Establishes procedures for county election commissions, in Marshall, Washington, Sullivan, Hamilton, Knox and Shelby counties, to conduct a vote for de-annexation in an election held in accordance with Tenn. Code Ann. § 6-51-202 after 10 percent or more of the registered voters in the municipality have petitioned the county election commission for an election held for such a purpose. Prohibits future de-annexation referendums, if voters fail to approve the measure in the initial referendum. Requires all municipal jurisdictions to cease over the territory de-annexed from the municipality's corporate limits on the date the results of the election are certified other than the responsibility of general obligation debt issued during the annexation period. Authorizes municipalities to continue to levy taxes in the de-annexed territory to pay the de-annexed territory's percentage of tax base it represents at the time of de-annexation. HOUSE AMENDMENT 3 (013373) exempts Johnson City form the bill. HOUSE AMENDMENT 10 (013958) makes a clarification by adding the word "property" directly after the word "municipality's" in Section 5.

Senate Status 03/30/2016 - Senate State & Local Government Committee deferred to summer study. House Status 03/14/2016 - House passed with amendments 2, 3 and 10.

SB777 / HB721 Certain vehicles exempt from emission testing. Sponsors Sen. Mae Beavers / Rep. Mark Pody

Description Exempts cars that are three or less years old and that have an odometer reading of less than 36,000 miles at the time of the sale by the motor vehicle manufacturer or licensed motor vehicle dealer from emission inspection requirements. Requires owner or operator to provide an affidavit certifying that the vehicle meets the criteria for exemption. Provides that act will take effect on January 1 of the year following approval by the US Environmental Protection Agency of a revised state implementation plan.

Amendment Senate amendment 1 (003861) removes the mileage provision from the original bill such that all motor vehicles three years old or less are exempt from vehicle emissions inspection requirements and removes the provision requiring the owner or operator to provide an affidavit on a form prescribed by the Department of Environment and Conservation certifying that the vehicle meets the specified requirements. Changes the rule promulgating authority from TDEC to the Air Pollution Control Board. Adds language that if a contract exists on January 1 between the department and a contractor or a local pollution control program and a contractor providing inspection services, then this Act shall take effect in the jurisdictions covered by the contract upon the date of the contract's termination or expiration or the effective date of the contract's renewal or an applicable amendment to the inspection service fee of such contract. Requires the commissioner or chief public officer of the local pollution control program to certify in writing the date of the department's or local pollution control program's contract termination, expiration, or effective date of the contract's renewal or an applicable amendment to the inspection service fee of contract, and provide the executive secretary of the commission a signed copy of the document, if contacts exists on January 1. SENATE AMENDMENT 2 (006196) requires the Air Pollution Control Board to adjust inspection and maintenance program fees as necessary to cover the costs of the program.

HOUSE AMENDMENT 2 (016298) rewrites this bill to provide that any county that has been designated by the air pollution control board to have a vehicle inspection and maintenance program to attain or maintain compliance with national ambient air standards, may, by an affirmative vote of a majority of its governing body, exempt motor vehicles that are registered in the county that are required to undergo testing pursuant to present law and that are three or less model years old from those motor vehicle inspection requirements. For the exemption to apply, the governing body must authorize the exemption on or before December 31, 2016, and the presiding officer of the governing body must furnish a certified copy of the approved resolution to the technical secretary of the air pollution control board on or before January 31, 2017. The exemption will take effect on the January 1 following the date on which the EPA approves a revised state implementation plan. However, if on such January 1 a contract exists between the department and a contractor providing inspection services, or a local pollution control program and a contractor providing inspection services, then the exemption will take effect in those jurisdictions that are covered by the contract upon the date of the contract's termination or expiration or the effective date of the contract's renewal or an applicable amendment to the inspection service fee of such contract.

Senate Status 04/21/2016 - Senate concurred in House amendment 2.House Status 04/20/2016 - House passed with amendment 2.

Executive Status 04/28/2016 - Signed by governor.SB799 / HB879 Exemption - compressed natural gas.

Sponsors Sen. Steven Dickerson / Rep. Kevin Brooks Description Exempts compressed natural gas from sales tax in the same manner that the present law

exempts motor fuel and liquefied gas from sales tax.Amendment House amendment 1 (005768) changes the effective date from July 1, 2015 to July 1, 2016.

Senate Status 04/20/2016 - Senate passed.House Status 04/13/2016 - House passed with amendment 1.

Executive Status 04/20/2016 - Sent to the speakers for signatures.SB822 / HB978 Tennessee Native Species Lumber Act.

Sponsors Sen. Paul Bailey / Rep. Matthew Hill Description Enacts the "Tennessee Native Species Lumber Act." Requires an operator of any

commercial sawmill, when asked by an individual who purchases native lumber for the purpose of residential construction, to disclose to the purchaser that the quality of the lumber is better than or equal to a No. 2 grade. Requires other various certifications of the lumber to be disclosed.

Amendment Senate amendment 1 (005238) deletes all language of the original bill. Authorizes a certified operator of any commercial sawmill to certify in writing to the purchaser that the quality and safe working stresses of the lumber are equal to or better than number two grade lumber. Requires the University of Tennessee, through the Agriculture Extension Service, to offer a course in grading lumber to owners and designated employees of commercial sawmills. Requires the grading lumber course to be offered biannually in each grand division of Tennessee. Requires the Department of Agriculture to promulgate rules to implement and administer the certification program. Establishes a course fee to defray the cost of implementing and administering the certification program. Specifies certain identification requirements. HOUSE AMENDMENT 2 (014406) deletes all language of the original bill. Creates the Tennessee Homestead Timber and Lumber Act. Authorizes any person who uses homestead timber or lumber to choose to be exempt from state or local building codes that require timber or lumber to meet or exceed American Softwood Standard PS-20-70. Requires such timber to be branded with the owner's registered brand. Requires commercial sawmills to provide documentation to the property owner certifying that homestead lumber was produced of homestead timber delivered to the mill. Requires mill to provide documentation to the property owner certifying that products dried, re-sawn, resurfaced, or otherwise remanufactured at a facility other than the sawmill were produced from homestead lumber delivered to the mill. Requires documentation to include but not be limited to the name and address of the commercial sawmill or other milling facility where the homestead timber was sawn or produced; the signature of the commercial sawmill or milling facility owner; and the date the homestead timber or lumber was received and cut or produced at the commercial sawmill.

Senate Status 04/19/2016 - Senate passed with amendment 1. House Status 04/20/2016 - House concurred in Senate amendment 1.

Executive Status 04/20/2016 - Sent to the speakers for signatures.SB842 / HB833 Primacy and Reclamation Act of Tennessee.

Sponsors Sen. Ken Yager / Rep. Dennis Powers

Description Requires the governor to take all action necessary request federal grant funding and apply to the federal government for Tennessee to assume primacy over the regulation of surface coal mining and reclamation operations within its borders. In order to comply with the requirements of federal law described in (1)-(7) above, this bill does the following: (A) The full text of this bill seeks to enact a state law that provides for regulation of surface coal mining and reclamation operations in accordance with SMCRA; (B) Establishes a civil penalty of up to $5,000 per violation of the bill or permit conditions, which is the same amount authorized for violations of SMCRA; (C) Requires TDEC to serve as the state regulatory authority for surface coal mining and reclamation operations. In order to ensure that TDEC has sufficient administrative and technical personnel to regulate surface coal mining and reclamation operations in this state, this bill requires the commissioner of TDEC to administer this bill and employ qualified individuals as surface mine reclamation personnel. In order to ensure that TDEC has sufficient funding to regulate surface coal mining and reclamation operations in this state, this bill establishes a schedule of application fees ranging from a high of $3,850 for a new permit to a low of $350 for a successor's permit. This bill also establishes an acreage fee of $40.00 per affected acre for a site that has not been reclaimed and $20.00 per affected acre for a site that has been reclaimed. Local governments and state agencies are exempt from permit and acreage fees. This bill imposes an assessment of four cents on each ton of coal that is severed from the ground in underground mining operations and nine cents on each ton of coal that is severed from the ground in surface coal mining and reclamation operations. The monies collected from the application fees, acreage fees, and assessments will be deposited into the coal mining protection fund, created by this bill, and used for the administration and enforcement of the requirements of this bill; (D) Under this bill, no person will be authorized to engage in surface coal mining and reclamation operations in this state without meeting the qualifications for and obtaining issuance of a permit from the commissioner. The full text of this bill describes the process by which the permitting system will be implemented, maintained, and enforced; (E) Requires the commissioner to establish a planning process enabling objective decisions to be made based upon competent and scientifically sound data and information as to which, if any, land areas of this state are unsuitable for all or certain types of surface coal mining and reclamation operations pursuant to the standards set forth in this bill. Any aggrieved person will be authorized to petition the commissioner to have an area designated as unsuitable for surface coal mining and reclamation operations, or to have an existing designation terminated, and to have a public hearing on the petition; (F) In order to comply with the federal requirement for establishment of a process to avoid duplication of processes related to the review and issuance of permits, this bill requires the commissioner to establish a process whereby a single set of forms and information, submitted in multiple copies to the division of water resources and the commissioner under this bill shall contain sufficient mutually needed information to serve as a basic application for the permits issued by the division and the commissioner; provided, the evaluation of applications are made cooperatively, and decisions to grant or deny the permits are made simultaneously; and (G) This bill requires the promulgation of rules consistent with federal law and regulations. The promulgation of rules under this bill will be the responsibility of the board of natural resources. In order to create the board of natural resources, this bill increases the membership of the board of water quality, oil and gas from nine members to 11 members and renames the board. The two new members of the board will be gubernatorial appointees, one of whom represents the coal mining industry and one of whom represents owners of coal reserves. In the event that the board does not timely file rules to correspond with a change in federal law or regulations, this bill requires that the board's rule be void and the federal rule replace the board's rule. (77 pp.)

Amendment Senate Energy, Agriculture & Natural Resources Committee, House Agriculture & Natural Resources Committee amendment 1 (004381) deletes and replaces certain language of the bill. Makes multiple revisions to the Primacy and Reclamation Act of Tennessee, including, but not limited to, defining "unwarranted failure to comply" as the failure of a person, operator, or permittee to prevent the occurrence of any violation of a permit or any requirement of this part due to indifference, lack of diligence, or lack of reasonable care, or the failure to abate any violation of a permit or this part due to indifference, lack of diligence, or lack of reasonable care. Authorizes the Commissioner of the Department of Environment and Conservation, under Tenn. Code Ann. § 59-8-326 to expend money from the surface mining reclamation fund created by Tenn. Code Ann. § 59-8-326 instead of Tenn. Code Ann. § 59-8-212 for purposes of this chapter. Adds permittees to hear appeals consistent with Tenn. Code Ann. § 59-8-120 who are or may be adversely affected by orders,

determinations, rules, permit terms, or rulings of the Commissioner that in any way affect surface coal mining and reclamation operations in this state. Requires the acreage fee shall be paid annually as prescribed in rules promulgated by the board under § 59-8-103(b)(1). Requires an amendment of a coal mining permit to be $250 and an amendment for a coal exploration permit to be $150. Defines "business day" as any day other than a Saturday, Sunday, or legal holiday. Requires permittees to establish and maintain appropriate records; make monthly reports to the commissioner; install, use, and maintain any necessary monitoring equipment or methods; evaluate results in accordance with the methods, locations, intervals, and manner that the board prescribes; and provide other information relative to surface coal mining and reclamation operations that the board deems reasonable and necessary under the board. Sections 3–36 and 39–42 of this act shall take effect upon becoming a law. Sections 37 and 38 shall take effect July 1, 2015. All other provisions of this act shall take effect eight months immediately following receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries.

Senate Status 04/18/2016 - Taken off notice in Senate Finance, Ways & Means Committee.House Status 04/18/2016 - Taken off notice in House Finance Subcommittee.

SB949 / HB931 Restrictions on dedicated lane for bus rapid transit system. Sponsors Sen. Jeff Yarbro / Rep. John Ray Clemmons

Description Deletes the provision that conditions the construction, maintenance, or operation of a dedicated-lane bus rapid transit system on a state highway upon obtaining certain approvals from the commissioner of transportation, the local governing body, and the general assembly.

Senate Status 02/19/2015 - Referred to Senate Transportation & Safety Committee.House Status 02/24/2015 - Referred to House Transportation Subcommittee.

SB1049 / HB857 Proposed landfill owner to provide notice to nearby property owners. Sponsors Sen. Jeff Yarbro / Rep. Bill Beck

Description Requires a proposed landfill owner to provide notice to persons owning property within a five-kilometer radius, instead of the previous three-mile radius, 15 days in advance of any scheduled hearing. Broadly Captioned.

Amendment Senate Amendment 1 (011944) deletes all language from the original bill. Authorizes local governments imposing a surcharge on municipal solid waste to use the proceeds of the surcharge for solid waste processing, in addition to solid waste collection or disposal of solid waste processing. Authorizes Davidson County to impose and collect a solid waste collection, processing, and disposal fee. Requires that funds generated from fees be used to: establish and maintain solid waste collection, processing, disposal services, and material recovery venues and programs; and cover costs borne by counties as a consequence of disposal, including expenses incurred in determining such costs. Requires all county residents to have access to the services, venues, and programs established and maintained pursuant to this Act. Requires fee amounts to bear a reasonable relationship to the cost of providing such services, venues, and programs. Requires the county imposed fee to be set by the county in consultation with and subject to the approval of the underground storage tanks and solid waste disposal control board. Requires all moneys collected to be separate from the General Fund.

Senate Status 03/23/2016 - Senate passed with amendment 1.House Status 04/06/2016 - House passed.

Executive Status 04/21/2016 - Signed by governor.SB1096 / HB1131 Counties can ban the application of biosolids and bulk biosolids.

Sponsors Sen. Paul Bailey / Rep. Ron Travis Description Allows a county to ban the application of biosolids and bulk biosolids generated during the

treatment of domestic sewage in a wastewater treatment works. Requires approval by referendum.

Senate Status 03/25/2015 - Taken off notice in Senate Energy, Agriculture & Natural Resources Committee.

House Status 03/24/2015 - Taken off notice in House Agriculture & Natural Resources Subcommittee.SB1099 / HB1050 TWRA to post report on acreage on its website.

Sponsors Sen. Paul Bailey / Rep. Tim Wirgau Description Requires the Tennessee Wildlife Resources Agency to post the annual report of estimated

acreage closed, opened, and added on its web site.Senate Status 02/19/2015 - Referred to Senate Energy, Agriculture & Natural Resources Committee.House Status 02/24/2015 - Referred to House Agriculture & Natural Resources Subcommittee.

SB1127 / HB1205 Disposal of asphalt roofing shingles prohibitions increased.

Sponsors Sen. Jim Tracy / Rep. Ryan Williams Description Prohibits owners or operators of a sanitary landfill from accepting, for disposal, loads

consisting primarily of whole or processed asphalt roofing shingles if the sanitary landfill is located within a 15 mile radius of a site where asphalt roofing shingles are recycled and accepts loads consisting primarily of whole or processed roofing shingles. Requires the board to post on its website the name and address of sites at which the recycling of asphalt roofing shingles is approved. Requires recipients of asphalt to submit to the board a report that contains certain information.

Senate Status 02/19/2015 - Referred to Senate Energy, Agriculture & Natural Resources Committee.House Status 02/24/2015 - Referred to House Agriculture & Natural Resources Subcommittee.

SB1165 / HB1176 TDOT to conduct a needs assessment of public transportation. Sponsors Sen. Becky Duncan Massey / Rep. John Ray Clemmons

Description Directs the department of transportation to conduct a needs assessment of public transportation in Tennessee; requires the department to report its findings by February 1, 2016, to the transportation committees of the general assembly.

Senate Status 02/19/2015 - Referred to Senate Transportation & Safety Committee.House Status 02/24/2015 - Referred to House Transportation Subcommittee.

SB1259 / HB1175 Penalty for disposal of trash near a scenic highway. Sponsors Sen. Jeff Yarbro / Rep. John Ray Clemmons

Description Expands enhanced penalty for disposal of trash near a scenic highway to include area within 1,000 feet of the highway instead of within 500 feet of the highway.

Senate Status 02/19/2015 - Referred to Senate Transportation & Safety Committee.House Status 02/24/2015 - Referred to House Transportation Subcommittee.

SB1346 / HB1261 Opting out of International Energy Conservation Code standards. Sponsors Sen. Randy McNally / Rep. John Ragan

Description Allows a county or municipality by a two-thirds vote of its legislative body to opt out of the International Energy Conservation Code standards applicable statewide to buildings classified for certain industrial or storage uses. Permits a county or municipality to adopt and enforce amended or alternative versions of International Energy Conservation Code standards. Broadly captioned.

Senate Status 02/19/2015 - Referred to Senate Commerce & Labor Committee.House Status 02/23/2015 - Referred to House State Government Subcommittee.

SB1387 / HB905 Charging of fares by public transportation system. Sponsors Sen. Paul Bailey / Rep. John Ray Clemmons

Description Clarifies that the present law that authorizes local governments to levy a gasoline tax for the purpose of local public transportation funding does not prohibit a public transportation system from charging fares in an amount sufficient to offset the costs of fuel used to operate the system. Broadly captioned.

Senate Status 03/08/2016 - Senate State & Local Government Committee deferred to summer study. House Status 03/09/2016 - Taken off notice in House Transportation Subcommittee.

SB1397 / HB1370 Department of economic and community development - energy report. Sponsors Sen. Randy McNally / Rep. John Ragan

Description Requires the annual report of the energy division of the department of economic and community development to be posted online on the development's web site. Specifies that the annual report may be transmitted to the governor, speakers of the senate and house of representatives, and the chairs of each committee in an electronic format. Broadly captioned.

Senate Status 02/19/2015 - Referred to Senate Energy, Agriculture & Natural Resources Committee.House Status 02/24/2015 - Referred to House Agriculture & Natural Resources Subcommittee.

SB1432 / HB1409 Possession of a handgun at arenas, stadiums and other sporting events. Sponsors Sen. Lee Harris / Rep. John Ray Clemmons

Description Provides that a person authorized to carry a handgun who is in possession of a firearm is prohibited from entering a public park or an event occurring at the park if a ticket or pass is required for entry and the park is owned or operated by a county or municipality, an instrumentality, or a company contracting with the government to conduct the event. Prohibits firearms in arenas, stadiums, and structures where a professional sports team plays, practices, or trains.

Senate Status 01/13/2016 - Referred to Senate Judiciary Committee.House Status 03/23/2016 - Failed in House Civil Justice Subcommittee.

SB1451 / HB1815 Registration fees for electric and hybrid-electric vehicles. Sponsors Sen. Mark Green / Rep. Sabi Kumar

Description Establishes a registration fee of $93.75 for hybrid-electric passenger motor vehicles and a

registration fee of $168.75 for electric passenger motor vehicles.Senate Status 02/08/2016 - Failed in Senate Transportation & Safety Committee.House Status 02/10/2016 - Taken off notice in House Transportation Subcommittee.

SB1684 / HB1508 Express Transportation Act. Sponsors Sen. Janice Bowling / Rep. Courtney Rogers

Description Enacts the "Express Transportation Act." Authorizes the conversion of an existing HOV lane on a highway, bridge or other transportation to a tollway or tollway facility. Prohibits a toll from being imposed on any owner or operator of an emergency vehicle or high occupancy vehicle on an HOV lane that is converted to a tollway. Authorizes the payment of tolls by owners or operators of inherently low-emission vehicles and low-emission and energy efficient vehicles on such tollways. Encourages the department of transportation to study the feasibility of developing, constructing, operating, maintaining and financing a transportation network to be known as the Nashville Express Network. Authorizes the department to consult with the federal highway administration regarding the federal review process needed to receive approval to implement the network. Requires the department to report its findings to the transportation committees of the house and senate by February 1, 2017.

Amendment Senate Transportation & Safety Committee amendment 1, House Transportation Committee amendment 1 (012828) deletes Section 4 of the original bill urging TDOT to identify and begin pilot project development as soon as reasonably practical; and removes TDOT's authorization, granted in the original bill, to establish procedures for automated enforcement of violations of, and restrictions on, the use of lanes by low-emission and energy efficient vehicles and single occupancy vehicles, if payment of tolls by owners or operators of such vehicles is required.

Senate Status 04/21/2016 - Re-referred to Senate Calendar Committee.House Status 04/18/2016 - Taken off notice in House Finance Subcommittee.

SB1691 / HB1838 Employee intentionally entering a nonpublic area of employer. Sponsors Sen. Mike Bell / Rep. Jeremy Durham

Description Under this bill, any person who intentionally accesses a nonpublic area of another's premises and engages in an act that exceeds that person's authority to enter those areas will be liable to the owner or operator of the premises for any damages sustained that were caused by the person's access. Defines a "nonpublic area" to mean an area not accessible to or not intended to be accessed by the general public. Under this bill, an act that exceeds a person's authority to enter the nonpublic areas of another's premises occurs when: (1) An employee intentionally enters the nonpublic area of an employer's premises for a reason other than a bona fide intent of seeking or holding employment or doing business with the employer, and thereafter, without authorization, captures or removes the employer's data, paper, records, or any other documents, or records images or sound occurring within an employer's premises; or (2) An employee knowingly places on the employer's premises an unattended camera or electronic surveillance device and uses that camera or device to record images or data. Any person who intentionally directs, assists, compensates, or induces another person to commit one of the acts described above in (1)-(2), will be held jointly liable under this bill. A court may award to an owner or operator of premises who prevails in an action under this bill, one or more remedies including equitable relief, compensatory damages, costs and fees, including reasonable attorneys' fees, or punitive damages in the amount of $5,000 for each day, or portion thereof, that a defendant has committed an act described in (1)-(2). This bill will not apply to any governmental agency or law enforcement officer engaged in a lawful investigation of premises or the owner or operator of premises. This bill also states that it will not interfere with any whistleblower protections under present law.

Senate Status 01/21/2016 - Referred to Senate Commerce & Labor Committee.House Status 01/26/2016 - Referred to House Consumer & Human Resources Subcommittee.

SB1705 / HB1711 Standards for electric bicycles. Sponsors Sen. Richard Briggs / Rep. Eddie Smith

Description Establishes classifications of electric bicycles and clarifies that an electric bicycle is not subject to any requirements or laws applicable to motor vehicles. On or after January 1, 2017, requires every manufacturer or distributor of new electric bicycles to affix a label to the bicycle that contains the classification number, top-assisted speed, and motor wattage of the bicycle. Prohibits an electric bicycle from being sold that does not have such label affixed to the bicycle. Creates a Class C misdemeanor offense of a person knowingly modifying an electric bicycle so as to change the speed capability and not appropriately replace the required label. Prohibits and electric bicycle from operating on any street or highway unless the bicycle complies with applicable equipment and manufacturing requirements established

by state and federal law and is equipped in such a manner that the electric motor is disengaged or ceases to function when the brakes are applied or when a switch is activated or released.

Amendment Senate amendment 1 (013699) deletes and rewrites the bill such that the only substantive change is to add language that prohibits electric bicycles from being operated on sidewalks, unless the use of bicycles on sidewalks is authorized by resolution, ordinance, or rule by a local government or by rule or policy of a state agency having jurisdiction over that sidewalk and the electric motor is disabled.

Senate Status 03/23/2016 - Senate passed with amendment 1.House Status 04/07/2016 - House passed.

Executive Status 04/26/2016 - Enacted as Public Chapter 0823 effective July 1, 2016.SB1716 / HB1650 Gas tax revenues to not be used for non-vehicular purposes.

Sponsors Sen. Todd Gardenhire / Rep. Mike Carter Description Restricts the use of state gasoline tax revenues distributed to the highway fund, counties,

and cities to the construction, improvement, and maintenance of highways and bridges. Prohibits the use of such revenue for pedestrian, bicycle, and other non-vehicular facilities.

Amendment Senate Finance, Ways & Means Committee Amendment 1, House Transportation Committee Amendment 1 (013220) deletes all language except for the effective date clause. Prohibits gasoline tax revenue distributed to the Highway Fund, counties, and cities from being used for the construction, improvement, or maintenance of pedestrian and bicycle trails and paths, parks, greenways, and similar facilities open to the use of the public for non-vehicular travel, and for public roads with a posted speed limit greater than 35 miles per hour. Such prohibition does not apply to the construction, improvement, or maintenance of sidewalks. For new or reconstructed roads with a proposed posted speed limit of 35 miles per hour or less, prohibits such revenue from being used for the construction of a new dedicated bicycle lane unless the work is part of the larger highway improvement project and the bicycle lane serves a transportation purpose supported by an engineering analysis. Establishes that this bill as amended does not prohibit the state, a county, or a city from receiving or using federal funds for the construction, improvement, maintenance, or operation of nonvehicular facilities, or from using gasoline tax revenue to match any federal-aid funding for such facilities. Further establishes that this bill as amended does not prohibit such entities from using gasoline tax revenue to maintain existing bicycle lanes or to accommodate bicycles in existing bike lanes or on shoulders or via shared lanes, and it does not prohibit the Department of Environment and Conservation from using funds that may be derived through grants from the Department of Transportation or federal programs for recreational trails in state parks. HOUSE FINANCE, WAYS & MEANS COMMITTEE AMENDMENT 1 (015007) adds language to the bill as amended by amendment 013220 to establish that nothing in this Act shall preclude the Tennessee Wildlife Resources Agency from using gasoline tax funds distributed to the Wildlife Resources Fund pursuant to T.C.A. 67-3-901(g) for purposes authorized pursuant to the Tennessee Boating Safety Act of 1965.

Senate Status 04/19/2016 - Taken off notice in Senate Finance, Ways & Means Committee.House Status 04/14/2016 - Taken off notice in House Calendar & Rules Committee.

SB1743 / HB1769 TWRA - payments in lieu of taxes to local governments. Sponsors Sen. Ken Yager / Rep. Billy Spivey

Description Requires the Tennessee wildlife resources agency to make payments in lieu of taxes to local governments on real property the agency has purchased or the agency leases to a person or entity. Broadly captioned.

Amendment Senate Energy, Agriculture & Natural Resources Committee amendment 1, House Agriculture & Natural Resources Subcommittee amendment 1 (013932) deletes all language of the original bill except for the effective date provision. Requires the Tennessee Wildlife Resources Agency (TWRA), the Department of Agriculture (DOA), the Department of Environment and Conservation (TDEC), and the University of Tennessee Agricultural Extension (UTAE) to make payments in lieu of ad valorem taxes (PILOT) equal to the ad-valorem taxes that would have otherwise been paid to a local government on land acquired after the effective date of the legislation in the name of the state or held by a state government agency in the name of the state, in counties where the state owns at least 18 percent of the total acreage within the county. Specifies that TWRA, DOA, TDEC, and UTAE are not required to pay additional PILOT on property for which cities and counties are currently receiving compensation under the provisions of Tenn. Code Ann. § 11-14-406 which codifies the Wetland Compensation Fund; the provisions of Tenn. Code Ann. § 11-7-109, which codifies the Conservation Compensation Fund; or any other provision of law.

Senate Status 03/30/2016 - Re-referred to Senate Calendar Committee.

House Status 03/23/2016 - Failed in House Agriculture & Natural Resources Committee.SB1753 / HB1821 Advisory task force to review Asian carp.

Sponsors Sen. Mark Green / Rep. Jay D. Reedy Description Requires the speakers of both houses and the Tennessee fish and wildlife commission to

establish an advisory task force to review the detrimental effects of invasive Asian carp and to recommend necessary statutory revisions that should be made to protect waterways and native species of this state from such effects. Provides that the TWRA shall provide administrative support services to the task force. Outlines the organizational structure of the task force.

Senate Status 03/23/2016 - Senate passed.House Status 04/19/2016 - House passed.

Executive Status 04/29/2016 - Enacted as Public Chapter 0949 effective April 27, 2016.SB1754 / HB2400 Maintenance of roads in state parks.

Sponsors Sen. Paul Bailey / Rep. Mary Littleton Description Requires the department of transportation to be responsible for the maintenance all roads in

state parks, whether county or state roads. Broadly captioned.Senate Status 03/07/2016 - Taken off notice in Senate Transportation & Safety Committee.House Status 03/16/2016 - Taken off notice in House Transportation Subcommittee.

SB1777 / HB2151 Creates the Tennessee energy policy council. Sponsors Sen. Randy McNally / Rep. John Ragan

Description Creates the Tennessee energy policy council to make recommendations to the governor and general assembly on how to manage energy resources in this state and to increase domestic energy exploration and development. Specifies that 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 (12 pp.).

Amendment House Agriculture & Natural Resources Committee amendment 1, Senate Government Operations Committee amendment 1 (012540) deletes and replaces language of the bill to add deadlines for the required annual reports and to specify what information such reports should contain. Makes several other non-substantive changes to the legislation.HOUSE GOVERNMENT OPERATIONS COMMITTEE AMENDMENT 1 (014857) adds deadlines for the required annual reports and specifies what information such reports should contain.

Senate Status 04/19/2016 - Taken off notice in Senate Finance, Ways & Means Committee.House Status 04/18/2016 - Taken off notice in House Finance Subcommittee.

SB1790 / HB1828 State Sovereignty Reclamation Act of 2016. Sponsors Sen. Mae Beavers / Rep. Mark Pody

Description Prohibits state and local governments from using any personnel or financial resources in enforcing, administering, or cooperating with the implementation, regulation, or enforcement of any federal executive order or U.S. supreme court decision, unless the general assembly first expressly implements it as the public policy of the state. Clarifies that this bill does not prohibit the federal government from independently funding or enforcing those laws that have been enacted pursuant to the authority granted by the Constitution of the United States.

Senate Status 01/21/2016 - Referred to Senate Judiciary Committee.House Status 01/26/2016 - Referred to House State Government Subcommittee.

SB1825 / HB1766 Municipalities authorized to dispose of a municipal electric system. Sponsors Sen. Steve Southerland / Rep. Dale Carr

Description Authorizes a governing body of a municipality to dispose of all of a municipal electric system operating pursuant to the Municipal Electric Plant Law of 1935 instead of only disposing of all of an electric plant acquired by means of bonds issued.

Senate Status 03/22/2016 - Taken off notice in Senate State & Local Government Committee.House Status 03/23/2016 - Taken off notice in House Local Government Subcommittee.

SB1828 / HB1789 Time frame for creation of digital billboard ads expands to two years. Sponsors Sen. Steve Southerland / Rep. Kelly Keisling

Description Extends the time, from 180 days to two years, in which a person granted a permit authorizing a digital billboard has to erect and begin displaying an outdoor advertising message on the changeable message sign before revocation of the permit.

Amendment House Amendment 1 (012064) deletes all language of the original bill. Requires digital billboards to be erected and begin displaying an outdoor advertising message within 12 months instead of 180 days after the date on which a permit is granted. Authorizes the permit owner to obtain an additional 12 months of time to install an outdoor advertising message sign upon payment of an additional $200 permit fee that is separate from any

annual permit renewal fee pursuant to Tenn. Code. Ann. § 54-21-104. Senate Status 04/04/2016 - Senate passed.House Status 03/07/2016 - House passed with amendment 1.

Executive Status 04/29/2016 - Enacted as Public Chapter 0852 effective July 1, 2016.SB1830 / HB1892 Permits under the Water Quality Control Act.

Sponsors Sen. Steve Southerland / Rep. Curtis Halford Description Requires that general permits issued under the Water Quality Control Act be no more

restrictive than federal requirements for management storm water post construction. Specifies that any general permit that requires the management of post construction storm water shall allow the local entity administering a municipal separate storm sewer system to exercise the maximum permissible discretion in selecting appropriate measures to meet any such requirement. Requires that provisions of certain general permits be promulgated in rule form prior to implementation.

Amendment SENATE AMENDMENT 1 (013431) deletes all language of the original bill. Prohibits any national pollutant discharge elimination system (NPDES) permit issued to a local government entity administering a municipal separate storm sewer system from imposing post construction storm water requirements beyond the extent necessary to comply with minimum standards of federal law. Requires any NPDES permits issued to local government entities that include numeric or narrative effluent limitations for managing post construction storm water to allow for discretion in selecting measures to meet any such limitations. Prohibits the state from requiring any local government entity administering a municipal separate storm water system under NPDES permits to impose control measures for post-construction storm water that exceed minimum requirements by federal law. Requires local government entities that adopt control measures that exceed federal requirements to do so by a resolution or ordinance by the legislative body upon a majority vote. Exempts any ordinances or resolutions in effect on the effective date of this act, but does not preclude a local government entity that administers such system from making changes consistent with the bill as amended or seeking coverage under any future version of the NPDES permit. Requires the local government entity to provide in writing the control measures that exceed federal minimum requirements at least 30 days in advance of a vote to the local legislative body to provide for a public comment period.

Senate Status 03/23/2016 - Senate passed with amendment 1. House Status 04/07/2016 - House passed.

Executive Status 04/29/2016 - Enacted as Public Chapter 1007 effective May 2, 2016.SB1832 / HB1871 Creates forum on Tennessee's great outdoors.

Sponsors Sen. Mike Bell / Rep. Steve McDaniel Description Creates the forum on Tennessee's great outdoors for the purpose of conducting a

comprehensive review of the health and status of this state's natural resources and outdoor recreation needs and opportunities. Requires the forum on Tennessee's great outdoors to submit a report of its findings and recommendations, including, but not limited to, future natural resources and outdoor recreation needs and any suggested legislation, to the general assembly and the governor no later than December 30, 2017.

Amendment House Agriculture & Natural Resources Committee amendment 1 (012139) deletes and rewrites the bill such that the only substantive change is to require one member of the Forum to be knowledgeable about agriculture rather than being knowledgeable about sustainable agriculture. Makes several other technical corrections. SENATE AMENDMENT 2 (013669) deletes and rewrites the bill such that the only substantive changes are to require the Tennessee's Great Outdoor Forum to consist of 11 members instead of 12, and to be comprised of 8 legislative and 3 non-legislative members, instead of 2 legislative and 10 non-legislative members.

Senate Status 03/30/2016 - Senate passed with amendment 2.House Status 04/18/2016 - Taken off notice in House Finance Subcommittee.

SB1853 / HB2099 Cogeneration and Distributed Generation Act. Sponsors Sen. Lee Harris / Rep. John Ray Clemmons

Description Enacts the "Cogeneration and Distributed Generation Act." Subject to certain limits, this bill requires public electric utilities to give credit against consumer's electric bills for, or purchase from consumers, electricity that consumers produce. Authorizes any person to operate a cogeneration facility without being subject to regulation by the TRA, if such person uses all of the electric energy, steam, or other form of useful energy produced at the cogeneration facility; provided, however, the electric energy shall not be sold to any person other than a person who furnishes wholesale electric service or the TVA (an "electric supplier") without being subject to TRA regulation. For purposes of this bill, a "cogeneration facility" is a facility,

other than a distributed generation facility, that produces electric energy, steam, or other forms of useful energy that are used for industrial, commercial, heating, or cooling purposes. A "distributed generation facility" is a facility owned and operated by a customer of a public electric utility that provides service at retail (an "electric service provider") for the production of electrical energy that: (1) Uses a solar photovoltaic system, fuel cell, or wind turbine; (2) Has a peak generating capacity of not more than 10 kilowatts for a residential application and 100 kilowatts for a commercial application; (3) Is located on the customer's premises; (4) Operates in parallel with the electric service provider's distribution facilities; (5) Is connected to the electric service provider's distribution system on either side of the electric service provider's meter; (6) Is intended primarily to offset part or all of the customer generator's requirements for electricity; and (7) Includes, at the customer's own expense, all equipment necessary to meet applicable safety, power quality, and interconnection requirements established by the National Electrical Code, National Electrical Safety Code, the Institute of Electrical and Electronics Engineers, and Underwriters Laboratories. This bill requires electric service providers to do the following: (1) Make either bidirectional metering or single directional metering available to customers who own and operate a distributed generation facility ("customer generators"); and (2) Enter into a written agreement with the customer generator to charge the customer generator the rate established by TRA, or the appropriate governing body, in the case of any other electric service provider or electric supplier, for metering services. In setting the fees for metering service, the TRA, or other appropriate governing body, will be required to include the direct costs associated with interconnecting or administering metering services or distributed generation facilities and will be prohibited from allocating such costs among the utility's entire customer base. Also, the electric service provider will be prohibited from charging the customer generator any fee or charge, other than a monthly service charge, unless agreed to by the customer generator or approved by the TRA or other appropriate governing body. Requires that electric service providers meter the amount of electricity generated by a customer's distributed generation system and either credit back the customer for electricity produced by a customer's system on the customer generator's side of the customer's meter, or charge the customer a monthly fee set by the TRA and compensate the customer for electricity produced by a customer's system on the electric service provider's side of the customer's meter. Under this bill, an electric service provider will only be required to purchase electricity from an eligible customer generator on a first-come, first-served basis until the cumulative generating capacity of all renewable energy sources equals 2/10 of one percent of the utility's annual peak demand in the previous year; provided, however, that no electric service provider will be required to purchase such energy at a price above avoided energy cost unless that amount of energy has been subscribed under any renewable energy program. Once the capacity is subscribed, an electric service provider may purchase energy from an eligible customer generator at a cost of energy as defined for a utility by the TRA or by the appropriate governing body of an electric supplier. Authorizes TRA, or the appropriate governing body of an electric supplier, after appropriate notice and opportunity for comment, to adopt by regulation additional safety, power quality, and interconnection requirements for a customer generator that TRA or other governing body determines are necessary to protect public safety and system reliability. Provides civil immunity to any electric service provider or electric supplier for loss of property, injury, or death resulting from the interconnection of a cogenerator or distributed generation facility to its electrical system.

Senate Status 02/08/2016 - Senate Energy, Agriculture & Natural Resources Committee deferred to 02/29/16.

House Status 01/27/2016 - Referred to House Agriculture & Natural Resources Subcommittee.SB1915 / HB1966 Construction of gas compressor cannot be within 1 mile of a park.

Sponsors Sen. Steven Dickerson / Rep. Bo Mitchell Description Prohibits the issuance of a permit for the construction of a gas compressor on land that is

located within a one mile radius of a public park.Senate Status 03/14/2016 - Taken off notice in Senate Energy, Agriculture & Natural Resources

Committee.House Status 03/15/2016 - Taken off notice in House Agriculture & Natural Resources Subcommittee.

SB1934 / HB1946 Commissioner of agriculture has sole authority to regulate seed. Sponsors Sen. Ken Yager / Rep. Ron Lollar

Description Gives the commissioner of agriculture exclusive jurisdiction and authority over all matters related to the regulation of seed. Declares the commissioner the sole authority to prohibit the planting, cultivation, harvesting, handling, or movement of agricultural seeds except as otherwise specifically provided for by state law. Requires commissioner to maintain a

comprehensive scheme for regulating seed to be uniform throughout the state. Amendment House Amendment 1 (011933) deletes all language after the enacting clause. Establishes

that the Commissioner of Agriculture has authority to regulate seed in Tennessee except as otherwise specifically provided by the Tennessee Drug Control Act of 1989 codified in Tennessee Code Annotated, Title 39, Chapter 17, Part 4, or any other state statute that authorizes or requires a person other than the Commissioner to exercise jurisdiction and authority over matters related to the regulation of seed.

Senate Status 03/09/2016 - Senate passed.House Status 02/29/2016 - House passed with amendment 1.

Executive Status 04/05/2016 - Enacted as Public Chapter 0643 effective March 23, 2016SB1938 / HB1899 Extends tax on bottles of soft drinks and beer barrels.

Sponsors Sen. Ken Yager / Rep. Bill Dunn Description Provides that the barrel tax rate is to be reduced by 50 cents for beer and by 0.4 percent for

soft drinks on July 1 of any year following the enactment of any state or federal law that imposes mandatory deposits by consumers on beverage containers sold in Tennessee, or on July 1, 2022, whichever occurs first.

Senate Status 03/07/2016 - Senate passed.House Status 03/24/2016 - House passed.

Executive Status 04/25/2016 - Enacted as Public Chapter 0704 effective June 1, 2016.SB1944 / HB1881 Oil and gas severance tax revenue remitted to the county.

Sponsors Sen. Ken Yager / Rep. Dennis Powers Description Reallocates all oil and gas severance tax revenue to the county in which the oil or gas well

was located, less collection and administration costs retained by the department of revenue. Current law specifies that the county in which the well was located receives one-third of revenue and the remaining two-thirds is to be placed in the state's general fund.

Senate Status 03/01/2016 - Failed in Senate Finance Revenue Subcommittee.House Status 04/18/2016 - Taken off notice in House Finance Subcommittee.

SB1951 / HB2163 Changes to state soil conservation committee. Sponsors Sen. Ken Yager / Rep. John Mark Windle

Description Makes various changes to state soil conservation committee and soil conservation districts. Adds ex officio member to committee. Clarifies the duties of the committee and districts. Establishes a new process for filling vacancies of district supervisors. Authorizes districts to borrow money.

Amendment Senate amendment 1 (012563) deletes all language of the original bill. Authorizes a soil conservation district (SCD), subject to the approval of the Commissioner of the Department of Agriculture, to borrow money to acquire property, and to maintain, administer, and improve any such property acquired. Requires that all borrowings be in the form of capital outlay notes and approved by the Comptroller of Treasury, and requires the notes to be secured in the following manner: lawfully available district revenues and a guarantee of the full faith, credit and unlimited taxing power of each local government within which the district is located; or lawfully available district revenues and a statutory lien on the real property financed by the notes.

Senate Status 03/23/2016 - Senate passed with amendment 1.House Status 04/18/2016 - House passed.

Executive Status 04/29/2016 - Enacted as Public Chapter 0966 effective April 27, 2016.SB1953 / HB2022 Construction and operation of a mass transit system.

Sponsors Sen. Jeff Yarbro / Rep. Bill Beck Description Authorizes the department of transportation to construct and operate a mass transit system

on the shoulder of a state or interstate highway. Authorizes the department to enter into a contractual arrangement with one or more public transportation providers to operate the mass transit system.

Amendment SENATE AMENDMENT 2 (013572) authorizes a bus driver operating a publicly-owned transit agency to overtake and pass a vehicle on the right when operating on the shoulder or right-of-way on any state or interstate highway as authorized by TDOT. Creates a Class C misdemeanor offense for non-authorized emergency vehicles operating on the shoulder or right-of-way of such highways. Authorizes TDOT to promulgate rules in accordance the Uniform Administrative Procedures Act for establishing procedures for authorizing the operation of buses on the shoulder right-of-way and regulations for ensuring the safety of passengers on buses and in vehicles operating on the main traveled way of the adjacent highway or right-of-way. HOUSE AMENDMENT 2 (014049) deletes all language of the original bill. Authorizes a bus driver operating a publicly-owned transit agency to overtake and pass a vehicle on the right when operating on the shoulder or right-of-way on any state

or interstate highway as authorized by the TDOT. Creates a Class C misdemeanor offense for non-authorized emergency vehicles operating on the shoulder or right-of-way of such highways. Prohibits the use a school bus in such lanes. Authorizes TDOT to promulgate rules in accordance the Uniform Administrative Procedures Act for establishing procedures for authorizing the operation of buses on the shoulder right-of-way and regulations for ensuring the safety of passengers on buses and in vehicles operating on the main traveled way of the adjacent highway or right-of-way. Requires the TDOT to submit a detailed report on the status of any shoulder right-of-way for the construction or improvement for bus operation to the Transportation and Safety Committee of the Senate and the Transportation Committee of the House of Representatives by March 1, 2019. HOUSE AMENDMENT 3 (015720) authorizes the department to take any action to obtain federal, state, or local assistance for any aspect of implementation of a program to allow a bus to utilize the shoulder or right-of-way of a state highway as provided in this bill.

Senate Status 04/18/2016 - Senate concurred in House amendment 2 & 3.House Status 04/11/2016 - House passed with amendments 2 and 3.

Executive Status 04/29/2016 - Enacted as Public Chapter 0967 effective April 27, 2016.SB1955 / HB2364 Enacts "Tennessee Scenic Vistas Protection Act."

Sponsors Sen. Jeff Yarbro / Rep. Mike Stewart Description Enacts the "Tennessee Scenic Vistas Protection Act". Under the Water Quality Control Act, a

person must have a permit issued by the commissioner of environment and conservation to engage in certain activities, such as the construction or use of any new outlet for the discharge of any wastes into the waters of the state; the discharge of sewage, industrial wastes or other wastes into waters, or a location from which it is likely that the discharged substance will move into waters; and the construction, installation, or operation of a concentrated animal feeding operation. This bill generally prohibits the commissioner from issuing or renewing a permit, certification, or variance that would allow surface coal mining operations to alter or disturb any land within 1,200 feet of a ridge line. The prohibition imposed by this bill would not apply to renewal of a permit, certification, or variance that is issued prior to the date that this bill becomes a law, if: (1) The applicant for renewal is the person who was the holder of the permit, certificate, or variance on the effective date of this bill; (2) The renewal must not increase or change the surface area that is covered by the permit, certificate, or variance; (3) The renewal must not expand the ridge line mining activities allowed by the permit, certificate, or variance; and (4) The renewal is not otherwise prohibited by law. The privileges extended by the renewal of a permit, certificate, or variance issued pursuant to this bill are not transferable to another person. This bill would not prohibit the commissioner from issuing or renewing a permit, certification, or variance that would authorize the construction or maintenance of ridgeline crossings, if the applicant is otherwise eligible for such permit, certification, or variance under any other applicable state or federal law. Such crossings include utility, rail, or pipeline crossings or road crossings necessary to obtain access to underground or surface mining activities or to obtain access to reclamation activities that are permissible pursuant to federal and state law. This bill would not apply to surface coal mining activities that are only incidental to underground coal mining, if the commissioner determines that surface disturbance and effect is limited to that required to conduct legal underground coal mining. This bill does not apply to land that is eligible for federal funding under the Surface Mining Control and Reclamation Act. This bill requires the commissioner to notify appropriate committees of the general assembly of any change in the Surface Mining Control and Reclamation Act that would expand eligibility for federal funding to lands that are not currently eligible under the Act. This bill does not: (1) Prohibit any otherwise allowable surface coal mining that does not alter or disturb a ridgeline; or (2) Limit any privilege secured by any valid permit, certification, or variance issued by the state in effect upon the effective date of this bill.

Senate Status 03/14/2016 - Taken off notice in Senate Energy, Agriculture & Natural Resources Committee.

House Status 03/16/2016 - Taken off notice in House Agriculture & Natural Resources Subcommittee.SB1971 / HB2064 Exclusive jurisdiction to TDOT for their own signs.

Sponsors Sen. Jim Tracy / Rep. Martin Daniel Description Specifies that the department of transportation has exclusive jurisdiction over the design,

erection, installation, and maintenance of tourist oriented directional signs (TODS signs), including jurisdiction over TODS signs on state highways within the corporate limits of municipalities. Requires removal of signs purporting to be TODS signs that were, or are, installed without lawful authorization at the expense of the advertiser. Requires department to establish TODS permit system and inventory.

Amendment House amendment 1 (012988) deletes and rewrites the bill such that the amended bill states that TOD signs refer only to guide signs authorized in the Manual on Uniform Traffic Control Devices for use on rural conventional roads to display business identification and directional information for tourist oriented facilities. Deletes the proposed authorization of the TOD sign permitting system and the proposed authorization of the Commissioner to contract with one or more entities to develop, implement, or administer the permit system. Requires TDOT to remove any signs after 180 days after an order by the Department to remove such signs and then recover any associated costs from the local government who constructed the sign. Requires rules promulgated by TDOT to establish an application process for obtaining a TOD sign. Requires TDOT to maintain a list of TOD signs located within the state rights-of-way and indicate if such signs are located within or outside the corporate limits of a municipality by July 1, 2018. SENATE AMENDMENT 2 (014009) amends section 2 such that the only substantive changes are as follows: removes exemption of an erected sign by TODS prior to the effective date and removes requirement of indicating whether a sign is located within or outside the corporate limits of a municipality.

Senate Status 04/06/2016 - Senate passed with amendment 2.House Status 04/11/2016 - House concurred in Senate amendment 2.

Executive Status 04/29/2016 - Enacted as Public Chapter 0892 effective April 27, 2016.SB2013 / HB1965 Planning models for composting, relocating of yard waste.

Sponsors Sen. Bill Ketron / Rep. Bryan Terry Description Requires the department of environment and conservation to provide planning models for

relocating, hauling, composting, and other processing of yard waste and food waste. Provides that calculations shall include: (1) the facilities needed to compost organic materials; (2) the amount of such waste generated; (3) transportation and hauling requirements; and (4) the value of any commercial products, including compost, which is likely to be created from such activity. Requires the department to provide planning models for preventing the disposal of food waste in landfills by diverting cooked foods from restaurants, food stores, colleges, hospitals, other entities that distribute food.

Senate Status 01/25/2016 - Referred to Senate Energy, Agriculture & Natural Resources Committee.House Status 03/15/2016 - Taken off notice in House Agriculture & Natural Resources Subcommittee.

SB2093 / HB2407 Public-Private Transportation Act of 2016. Sponsors Sen. Bill Ketron / Rep. Charles M. Sargent

Description Enacts the "Public-Private Transportation Act of 2016." Sets forth the guidelines for how a public entity may enter into a public-private initiative in regards to a qualifying transportation facility. Requires the private entity to obtain a certificate from the public entity before development or operation and to have its proposals reviewed by the fiscal review committee of the general assembly. Provides that a request for a certificate must include a topographic map, a description of the facility, projected cost, a list of permits and approvals, the facilities plans, and a list of public utility facilities. Provides additional guidelines for the development and operation of a public transportation entity.

Amendment SENATE AMENDMENT 2 (014950) deletes and rewrites the bill such that the substantive changes are as follows: (1) redefines transportation facility to exclude highways, bridges, tunnels, and overpasses; (2) requires a statement of the risks, liabilities, and responsibilities to be transferred or assigned to the private entity for development, redevelopment, or operation of the transportation facility including revenue risk and any operation and maintenance; (3) authorizes a public entity to grant approval if it determines that the proposed development, redevelopment, or operation of the transportation facility serves the public interest; (4) requires the public entity to require the private entity to pay for cost for an independent audit of any and all cost estimates associated with the private entity's proposed development, redevelopment, or operation for any project with an estimated cost exceeding $50,000,000; (5) requires any project or qualifying transportation facility for which TDOT is the responsible public entity and for which toll revenue is collected, to be included the Department's transportation improvement program submitted to the General Assembly for approval; (6) requires the public entity to submit a plan of financing to the Comptroller of the Treasury (COT) for any action authorizing grants, milestone payments, or loans prior to adoption of such grants, payments or loans; (7) authorizes the COT to request additional information to review the proposed plan of financing; (8) requires the evaluation of each plan of financing to be based on the plan's circumstances and only approved if such plan is in the public's interest; (9) requires the private entity to notify the existing transportation facility of its request for approval within 15 days of the private party submitting its request for approval by furnishing a written notice to the registered agent of the existing transportation facility on file with the Secretary of State with required information if the proposed development,

redevelopment, or operation of the transportation facility will utilize, connect to, interconnect with, or cross over the private property on which an existing transportation facility is located; and (10) authorizes the existing transportation facility to submit comments to the proposed development, redevelopment, or operation of the transportation facility to the public entity within 30 days after receiving such written notice.

Senate Status 04/04/2016 - Senate passed with amendment 2. House Status 04/18/2016 - House passed.

Executive Status 04/29/2016 - Enacted as Public Chapter 0975 effective April 27, 2016.SB2177 / HB2484 Tennessee Brownfield Redevelopment Tax Credit Act of 2016.

Sponsors Sen. Reginald Tate / Rep. Raumesh Akbari Description Enacts the "Tennessee Brownfield Redevelopment Tax Credit Act of 2016." Allows any

qualified business to receive a Tennessee brownfield redevelopment tax credit equal to $4,500 for each qualifying job created. Defines "qualified business" to mean a new or existing business located on a brownfield site. Requires the qualified business to file a business plan with the commissioner of revenue in order to qualify for the credit. Also requires the qualified business to create at least ten qualifying jobs in order to qualify for the credit.

Amendment House Agriculture & Natural Resources Committee Amendment 1, Senate Finance Revenue Subcommittee Amendment 1 (013671) adds language to the original bill that limits the F&E tax credits authorized under this Act to two qualified businesses per county, located on brownfield sites in counties with a population of more than 300,000. Establishes that such credits are subject to approval by the respective county legislative body and the Commissioner of the Department of Economic and Community Development.

Senate Status 04/19/2016 - Taken off notice in Senate Finance, Ways & Means Committee.House Status 04/18/2016 - Taken off notice in House Finance Subcommittee.

SB2225 / HB2197 Processing of organic waste as part of state's waste management plan. Sponsors Sen. Steve Southerland / Rep. Brenda Gilmore

Description Requires the commissioner of environment and conservation to conduct a study to define the processing of organic waste and incorporate the findings and recommendations into the state's comprehensive solid waste management plan.

Senate Status 03/07/2016 - Senate passed.House Status 03/03/2016 - House passed.

Executive Status 04/05/2016 - Enacted as Public Chapter 0648 effective March 23, 2016.SB2228 / HB2169 Hazardous Waste Management Act of 1983 - exempt recyclers.

Sponsors Sen. Steve Southerland / Rep. David B. Hawk Description Adds certain recyclers who are excluded from liability under the Superfund Recycling Equity

Act to the list of parties who are exempt from liability under the Hazardous Waste Management Act of 1983.

Senate Status 04/14/2016 - Senate passed.House Status 04/19/2016 - House passed.

Executive Status 04/29/2016 - Enacted as Public Chapter 0985 effective April 27, 2016.SB2352 / HB2084 Enacts "Property Assessed Clean Energy Act."

Sponsors Sen. Steven Dickerson / Rep. Bill Dunn Description his bill authorizes local governments to establish a property assessed clean energy (PACE)

program to provide financing for a qualified project to an owner of commercial, industrial, or residential real property. A "qualified project" is the installation or modification of a permanent improvement fixed to real property and intended to decrease or offset water or energy consumption or demand and includes the installation or modification of a product, device, or interacting group of products or devices that use energy technology to generate electricity, provide thermal energy, regulate temperature, or increase energy efficiency. Under this bill, a local government may designate a region within its jurisdiction in which the government may enter into a written agreement with a property owner of record in order to provide financing to the owner for a qualified project. Financing provided pursuant to this bill may be used for certain expenses specified by this bill, including materials, labor, and permit fees. The owner's property will be assessed pursuant to the PACE agreement in order to repay the financing provided for the qualified project. A local government may administer and finance a program or may delegate the administration or financing or both to a qualified third party. A local government may issue bonds or notes in order to finance a qualified project through contractual assessment. Such bonds or notes may not be general obligations of the local government and must be secured by payments of contractual assessments on benefited property. After a qualified project is completed, the local government must obtain verification that the project was properly completed and is operating as intended. A verification of energy

efficiency by TVA or a local power company will satisfy the verification requirement. This bill prohibits a local government from imposing a PACE assessment to provide financing for the following: (1) Facilities for undeveloped lots or lots undergoing development at the time of the assessment; or (2) The purchase or installation of products or devices not permanently fixed to real property. Notice of each contractual assessment entered into pursuant to this bill must be filed with the register of deeds of the county in which the property is located. A contractual assessment and any interest or penalties on the assessment is a first and prior lien against the property on which the assessment is imposed and has the same priority status as for any other ad valorem tax, with certain exceptions. Such lien will run with the land and may not be eliminated by foreclosure of a property tax lien. The local government must provide notice to each lien holder of record of the owner's intention to participate in the PACE program. This bill details the procedure by which a local government may establish or amend its PACE program, including a period of public hearing and comment. Authorizes a local government to hire a program administrator and program staff, or delegate or contract for professional or administrative services necessary to administer a PACE program. A local government may impose fees to offset the costs of administering the program; however, this bill only authorizes fees to be imposed on property owners participating in the PACE program.

Senate Status 01/25/2016 - Referred to Senate Energy, Agriculture & Natural Resources Committee.House Status 03/09/2016 - House Agriculture & Natural Resources Subcommittee deferred to summer

study.SB2354 / HB2295 Prohibits the issuance of a permit to conduct surface mining

Sponsors Sen. Steven Dickerson / Rep. Bill Beck Description Adds limestone to the definition of "mineral." Prohibits the commissioner from issuing a

permit to conduct surface mining on land located within 2,000 feet of a park or community education center, 500 feet of any other property line, 1,200 feet of a residential structure, or one mile of a dam operated by United States Army Corps of Engineers.

Senate Status 03/14/2016 - Taken off notice in Senate Energy, Agriculture & Natural Resources Committee.

House Status 03/15/2016 - Taken off notice in House Agriculture & Natural Resources Subcommittee.SB2355 / HB2294 Davidson County - regulation of blasting.

Sponsors Sen. Steven Dickerson / Rep. Bill Beck Description Authorizes the metropolitan Davidson County government to regulate blasting; provided that

the local regulations are just as stringent as the state's blasting regulations found in the Tennessee Blasting Standards Act of 1975.

Senate Status 03/24/2016 - Re-referred to Senate Calendar Committee.House Status 03/15/2016 - Failed in House Agriculture & Natural Resources Subcommittee.

SB2356 / HB2293 Prohibits certain operations relating to rock quarries Sponsors Sen. Steven Dickerson / Rep. Bill Beck

Description Prohibits the issuance of a permit in relation to the operation of a rock quarry on land that is located within 2,000 feet of a property line of a park or community education center, 500 feet of any other property line, or 1,250 feet of a residential structure.

Senate Status 03/14/2016 - Taken off notice in Senate Energy, Agriculture & Natural Resources Committee.

House Status 03/15/2016 - Failed in House Agriculture & Natural Resources Subcommittee.SB2357 / HB2292 Enacts "Dam Safety Act."

Sponsors Sen. Steven Dickerson / Rep. Bill Beck Description Creates the "Dam Safety Act" to prohibit the issuance of a permit to conduct surface mining

on land that is located within one mile of a dam operated by the U.S. army corps of engineers.

Senate Status 03/07/2016 - Senate Energy, Agriculture & Natural Resources Committee deferred to 03/14/16.

House Status 03/08/2016 - Failed in House Agriculture & Natural Resources Subcommittee.SB2379 / HB1841 Deletes outdated reference to state planning commission.

Sponsors Sen. Mike Bell / Rep. Dan Howell Description Deletes an outdated reference to the state planning commission and requires publication of

the commissioner of environment and conservation's plan for development of the state's outdoor recreation resources on the department's web site. Broadly captioned.

Senate Status 01/25/2016 - Referred to Senate Energy, Agriculture & Natural Resources Committee.House Status 01/21/2016 - Referred to House Agriculture & Natural Resources Subcommittee.

SB2389 / HB2068 Clarifies agency power under UAPA. Sponsors Sen. Mike Bell / Rep. Martin Daniel

Description Specifies that administrative agencies shall have no inherent, general, or common law powers, and shall only exercise the powers conferred on them by statute or by the federal or state constitutions. Clarifies that agency powers under the UAPA are to be narrowly construed. Increases burden of agencies by requiring them to prove, by clear and convincing evidence, that administrative rules conform to certain specific criteria.

Amendment House amendment 1 (013021) deletes the language in the bill requiring the UAPA to be "narrowly construed"'; Adds the words "in their totality" to the language requiring the agencies to justify the rule by convincing evidence, referring to the factors set out in subsection (e); Adds "whether" to subsection (e) for grammatical purposes; And adds a ninth factor; an agency has the burden of proving; which is "whether the rule exceeds the mandatory minimum requirements of any relevant federal law or rule". HOUSE AMENDMENT 2 (014819) deletes and rewrites the bill such that the only substantive changes are: (1) to place the burden of persuasion solely within the discretion of the Tennessee General Assembly in conducting a review hearing; (2) to remove the 14-day requirement for notices prior to public hearings; and (3) to add "whether the rule exceeds the mandatory minimum requirements of any relevant federal law or rule" to the list of factors that the agency has the burden of demonstrating as part of the review of agency rules.

Senate Status 03/31/2016 - Senate passed.House Status 03/30/2016 - House passed with amendments 1 & 2.

Executive Status 04/29/2016 - Enacted as Public Chapter 0859 effective July 1, 2016.SB2417 / HB1850 Green infrastructure practices to be used in certain sewer systems.

Sponsors Sen. Jeff Yarbro / Rep. Darren Jernigan Description Authorizes the use of green infrastructure practices within areas containing collecting

systems designed to convey sanitary sewage and storm water, and clarifies that such practices may be implemented on both public and private property at the discretion of the incorporated city or town.

Senate Status 03/14/2016 - Senate passed.House Status 03/28/2016 - House passed.

Executive Status 04/26/2016 - Enacted as Public Chapter 0792 effective April 12, 2016.SB2418 / HB2297 Appropriations - TN Mass Transit Fund.

Sponsors Sen. Jeff Yarbro / Rep. Bill Beck Description Appropriates 1/3 of excess state tax revenues over-collected in fiscal year 2014-2015 to the

Tennessee mass transit fund to be used for public mass transportation projects. Also appropriates 2/3 of such excess revenues to the department of transportation for backlog transportation road projects.

Senate Status 01/25/2016 - Referred to Senate Finance, Ways & Means Committee.House Status 01/27/2016 - Referred to House Finance Subcommittee.

SB2430 / HB2439 Municipal Energy Authority Act. Sponsors Sen. Rusty Crowe / Rep. Matthew Hill

Description Enacts the "Municipal Energy Authority Act." Authorizes the Johnson City Commission, by a two-thirds vote, to transfer ownership of the current municipal electric system operated by the city into a separate corporate entity operated by its own governing board members and given autonomy in its decision making. Provides that the authority shall have the power to maintain and operate a system for furnishing electrical services within or outside of the corporate limits of the associated municipality; to provide electric service to any person, governmental entity, or other user or consumer of electric services within or outside of this state; operate as a financially separate system; and to have all the powers and authority conferred upon municipalities with regards to such utility authorities. Outlines various other powers and responsibilities of such authority. Provides that the affairs of the authority and the exercise of powers of the authority shall be vested in a board of directors, and the initial board of directors shall be composed of the members from the municipality's board of public utilities or other similar body. Clarifies that the authority shall not be operated for gain or profit primarily as a source of revenue to the associated municipality or any other person or entity. (36 pp.)

Amendment Senate Amendment 1 (012990) clarifies that the authority shall be subject to the territorial limitations set forth in T.C.A. 7-52-601. Clarifies that nothing in a section of law from another state or nation shall alter, impair, or modify the rights, privileges, and obligations of the authority as a governmental entity under this legislation. Authorizes a person authorized by the board other than the president or the president's designee to sign binding documents. Requires the president of the authority to keep full and proper records of all operations and affairs of the authority and to keep separate books and accounts for each system. Requires, if a conflict arises between this legislation and the Perfection, Priority and Enforcements of

Public Pledges and Liens Act, as codified in Tennessee Code Annotated Title 9, Chapter 22, that the Perfection, Priority and Enforcements of Public Pledges and Liens Act shall control. 37 pp. HOUSE AMENDMENT 1 (014968) deletes and rewrites the bill such that the substantive changes are as follows: (1) to clarify that the authority shall be subject to the territorial limitations set forth in Tenn. Code Ann. § 7-52-601; (2) to authorize a person authorized by the board other than the president or the president's designee to sign binding documents; requires, if a conflict arises between this legislation and the Perfection, Priority and Enforcements of Public Pledges and Liens Act, as codified in Tennessee Code Annotated Title 9, Chapter 22, that the Perfection, Priority and Enforcements of Public Pledges and Liens Act shall control; and, (3) requires municipal electric or telecommunication authorities to be subject to all other state and local fees imposed upon private providers of such services to the extent that such fees are not addressed in Tennessee Code Annotated Title 7, Chapter 52, Parts 4 and 6.

Senate Status 04/18/2016 - Senate concurred in House amendment 1.House Status 04/14/2016 - House passed with amendment 1.

Executive Status 04/29/2016 - Enacted as Public Chapter 0995 effective April 27, 2016.SB2469 / HB2201 Right to Earn a Living Act.

Sponsors Sen. Mark Green / Rep. Martin Daniel Description Enacts the "Right to Earn a Living Act." Requires all entry regulations by an agency with

respect to businesses, professions, and occupations to be limited to those demonstrably necessary and carefully tailored to fulfill legitimate public health, safety, or welfare objectives. Defines "entry regulations" as any law, ordinance, regulation, rule, policy, fee, condition, test, permit, administrative practice, or other provision relating to a market, or the opportunity to engage in any business, profession, or occupation. Requires all public service restrictions to be limited to those demonstrably necessary and carefully tailored to fulfill legitimate public health, safety, or welfare objectives. Defines "public service restrictions" to mean any law, ordinance, regulation, rule, policy, fee, condition, test, permit, or other administrative practice, with or without the support of public subsidy, or user fees. Requires an agency to conduct a comprehensive review of all entry regulations within the jurisdiction of the agency by July 1, 2017. Requires an agency to repeal or modify any entry regulation that does not specified a public health, safety, or welfare objective. Allows any person to petition any agency to repeal or modify any entry regulation into a business, profession, or occupation within its jurisdiction and specifies requirements for such petition.

Amendment SENATE AMENDMENT 2 (015503) deletes and rewrites the bill such that the substantive changes are as follows: Deletes the requirement that each state agency conduct an annual comprehensive review and replaces it with a requirement for each licensing authority to submit a copy of each entry regulation promulgated or adopted by such authority to the Government Operations Committees of the General Assembly no later than December 31, 2016. Requires these Committees to issue a joint report regarding any findings and recommendations to the General Assembly no later than January 1, 2018. After such date, requires each licensing authority to submit a copy of any entry regulation promulgated after the previous submission. Exempts certain regulatory boards, commissions, councils, and committees from these requirements. Requires the Government Operations Committees of the Senate and the House of Representatives to review such regulations and make recommendations regarding such regulations. Authorizes the Committees to recommend that such regulations be amended or repealed by the agency. The Committees may recommend to the General Assembly that any regulatory authority failing to comply with a recommendation be suspended.

Senate Status 04/11/2016 - Senate passed with amendment 2.House Status 04/20/2016 - House passed.

Executive Status 04/28/2016 - Signed by governor.SB2491 / HB2516 Tracking identification system for tires sold by dealers.

Sponsors Sen. Paul Bailey / Rep. Ryan Williams Description Directs the department of environment and conservation to create a database and to operate

an interactive information clearinghouse, defined as a tracking identification system for tires sold by dealers. Specifies "dealer" as persons making sales by mail or common carrier into Tennessee and having a legal tie with Tennessee for sales tax purposes. Abolishes the Tennessee solid waste and recycling advisory committee.

Senate Status 03/07/2016 - Senate Energy, Agriculture & Natural Resources Committee deferred to 03/14/16.

House Status 03/08/2016 - Taken off notice in House Agriculture & Natural Resources Subcommittee.SB2520 / HB2566 Soak Creek as Class III scenic river.

Sponsors Sen. Ken Yager / Rep. Ron Travis Description Designates a portion of Soak Creek beginning in Bledsoe County and ending in Rhea

County as a Class III scenic river. Amendment Senate amendment 1 (011956) deletes and rewrites the bill such that the only substantive

change is the location of the beginning point of Soak Creek to start at its confluence with Georgia Branch instead of from a point approximately one mile downstream from its headwaters.

Senate Status 02/24/2016 - Senate passed with amendment 1.House Status 03/21/2016 - House passed.

Executive Status 04/25/2016 - Enacted as Public Chapter 0713 effective April 6, 2016.SB2523 / HB2477 Requires the Great Falls Dam to be reopened.

Sponsors Sen. Janice Bowling / Rep. Kevin Dunlap Description Requires the Great Falls Dam between White and Warren counties to be reopened. Amendment Senate Amendment 1 (014550) rewrites the bill and urges, rather than requires, the TVA to

reopen the Great Falls Dam Bridge connecting White County and Warren County for thoroughfare traffic.

Senate Status 04/18/2016 - Senate passed with amendment 1.House Status 04/18/2016 - House passed.

Executive Status 04/29/2016 - Enacted as Public Chapter 1000 effective April 27, 2016.SB2527 / HB2550 Intent to appeal decisions under Water Quality Control Act - notice.

Sponsors Sen. Mae Beavers / Rep. Jeremy Durham Description Changes time period within which notices of intent to appeal decisions under the Water

Quality Control Act of 1977 must be published on TDEC's web site from within three business days of receipt, but no later than 14 days prior to the hearing, to within five business days of receipt, but no later than 12 days prior to the hearing. Broadly captioned.

Senate Status 01/25/2016 - Referred to Senate Energy, Agriculture & Natural Resources Committee.House Status 01/27/2016 - Referred to House Agriculture & Natural Resources Subcommittee.

SB2542 / HB1539 Separate accounts for monies collected by each division of department. Sponsors Sen. Mark S. Norris / Rep. Gerald McCormick

Description Requires the commissioner of environment and conservation to maintain separate accounts for moneys collected and expended by each division of the department of environment and conservation in administering the following: (1) Laws concerning subsurface sewage disposal; (2) The Tennessee Safe Drinking Water Act of 1983; (3) The Water Environmental Health Act; (4) The Wastewater Facilities Act of 1987; (5) The Radiological Health Service Act; (6) The Medical Radiation Inspection Safety Act; (7) The Tennessee Air Quality Act; (8) The Tennessee Solid Waste Disposal Act; (9) The Tennessee Hazardous Waste Management Act; (10) The Water Quality Control Act of 1977; (11) Laws concerning water wells; (12) The Safe Dams Act of 1973; (13) Laws concerning the production of oil and gas; and (14) Other fees and charges for departmental services, other than ones related to parks. Part of Administration Package.

Senate Status 03/21/2016 - Senate passed.House Status 03/07/2016 - House passed.

Executive Status 04/25/2016 - Enacted as Public Chapter 0741 effective April 7, 2016.SB2543 / HB1540 Rebates against the solid waste disposal tipping fee surcharge.

Sponsors Sen. Mark S. Norris / Rep. Gerald McCormick Description Revises eligibility criteria for counties that receive rebates against the solid waste disposal

tipping fee surcharge in lieu of a recycling equipment grant from the 11 highest waste generating counties as recorded in the University of Tennessee's solid waste management report to the five most populous counties. Part of Administration Package.

Senate Status 03/21/2016 - Senate passed.House Status 03/14/2016 - House passed.

Executive Status 04/25/2016 - Enacted as Public Chapter 0742 effective July 1, 2016.SB2544 / HB1541 Proper disposal of used antifreeze, transmission fluid.

Sponsors Sen. Mark S. Norris / Rep. Gerald McCormick Description Broadens the scope of the Act to address the proper disposal of used antifreeze,

transmission fluid, and power steering fluid (referred to as "other automotive fluids"). Provides for automotive fluid collection centers, which will accept used oil, antifreeze, transmission fluid, or power steering fluid. Broadens the scope of used oil collection centers to additionally provide for the collection of other automotive fluids. Provides that an automotive fluid collection center that accepts any other automotive fluid must meet any management standards established by the department. Authorizes the department to develop management standards for the collection of other automotive fluids by automotive

fluid collection centers if the department determines that the standards will promote the health and welfare of the public. Authorizes a retailer of any other automotive fluid to request from the department a sign to post on the retailer's premises that informs the public of the importance of the proper collection and disposal of other automotive fluids from do-it-yourselfers (DIYers) and that contains the toll-free number established by the department pursuant to present law through which callers may receive information regarding the locations and operating hours of collection centers. Specifies that present law provisions applicable to used oil collection centers will also apply to automotive fluid collection centers in regard to certain notices, releases, and cleanup. Part of Administration Package.

Senate Status 03/28/2016 - Senate passed.House Status 04/04/2016 - House passed.

Executive Status 04/26/2016 - Enacted as Public Chapter 0771 effective July 1, 2016.SB2591 / HB1941 Nuisance actions on changed farming operations.

Sponsors Sen. Mark S. Norris / Rep. Tim Wirgau Description Imposes same burden of proof in nuisance actions based on new types of farming

operations as presently applied to nuisance actions based on established farming operations.

Senate Status 03/21/2016 - Senate passed.House Status 03/10/2016 - House passed.

Executive Status 04/25/2016 - Enacted as Public Chapter 0728 effective April 7, 2016.SB2629 / HB2513 Tennessee Beverage Container Recycling Refunds Act.

Sponsors Sen. Reginald Tate / Rep. Jim Coley Description Enacts the "Tennessee Beverage Container Recycling Refunds Act." Under this bill,

beginning April 1, 2017, every deposit beverage container in this state will have a Tennessee refund of five cents. The refund value is the amount of the deposit required. Once a refund value has been applied to a deposit beverage container, the deposit on that container will not be charged or collected more than once. Inventory already in circulation on April 1, 2017, will be affixed or sold with an adhesive sticker bearing the refund value of the container, the words "Tennessee" or the letters "TN," and a bar code bearing the redemption information. This bill authorizes the department of revenue to promulgate rules in accordance with the Uniform Administrative Procedures Act to implement the provisions of this bill. For the purpose of the department of revenue promulgating rules, this bill will take effect upon becoming a law. For all other purposes, this bill will take effect September 1, 2016.

Senate Status 01/25/2016 - Referred to Senate Energy, Agriculture & Natural Resources Committee.House Status 01/27/2016 - Referred to House Agriculture & Natural Resources Subcommittee.

SB2640 / HB2589 Retirement and compensation benefits to state park rangers. Sponsors Sen. Jeff Yarbro / Rep. Kevin Dunlap

Description Requires certain commissioned park rangers within the department of environment and conservation to be provided the same retirement benefits and be subject to the same requirements of the retirement system as wildlife officers and state police officers.

Senate Status 01/25/2016 - Referred to Senate Energy, Agriculture & Natural Resources Committee.House Status 03/15/2016 - Taken off notice in House Agriculture & Natural Resources Subcommittee.

Executive Status 02/29/2016 - Joint Council on Pensions and Insurance released to standing committees with unfavorable comment.

SB2654 / HB2630 Historic property land acquisition fund. Sponsors Sen. Mark S. Norris / Rep. Charles M. Sargent

Description Creates a special agency account in the state general fund known as the historic property land acquisition fund. Requires the historical commission to expend the funds which are deposited in the historic property land acquisition fund only for the acquisition of land for any area designated as an historic place as evidenced by its inclusion on the national register of historic places or the Tennessee register of historic places, or any other area of historic significance as approved by majority vote of the entire membership of the commission, and for the acquisition of easements to protect the historic areas. Increases the amount each county is required to pay into the office of the comptroller for the purpose of contributing to the expenses and compensation of auditors. Current law specifies an amount to be determined on the basis of 30 cents for each person in the county as shown by the population of the county under the last or any future federal census. This bill changes that amount to 36 cents for each person in the county.

Senate Status 04/14/2016 - Senate passed.House Status 04/14/2016 - House passed.

Executive Status 04/28/2016 - Signed by governor.SJR2 Urges proposal of the Regulation Freedom Amendment.

Sponsors Sen. Mark S. Norris Description Urges the United States Congress to propose the "Regulation Freedom Amendment", which

would require that when one quarter of the members of the United States House of Representatives or Senate oppose a proposed federal regulation, it shall require a majority vote in both houses to be adopted.

Senate Status 03/16/2015 - Senate adopted.House Status 03/28/2016 - House concurred.

Executive Status 03/31/2016 - Signed by governor.SJR422 Constitutional amendment - right of people to acquire farm-produced food.

Sponsors Sen. Frank Niceley Description Proposes an amendment to Article I of the Constitution of Tennessee to establish the right of

the people to acquire farm-produced food.Senate Status 01/20/2016 - Referred to Senate Judiciary Committee.House Status None

HJR86 Urges the President to approve the Keystone XL oil pipeline. Sponsors Rep. Mark Pody

Description Urges the President to approve the Keystone XL oil pipeline. Senate Status NoneHouse Status 02/18/2015 - Referred to House Agriculture & Natural Resources

Committee.HJR92 Expresses support for transfer of public land to western states.

Sponsors Rep. Andy Holt Description Expresses support for the federal transfer of public lands to the western states and urges

Congress to coordinate the transfer of title to such states.Senate Status 01/21/2016 - Senate concurred.House Status 03/16/2015 - House adopted.

Executive Status 01/26/2016 - Signed by governor.HJR556 Urges National Park Service to include sites in the Lewis and Clark Historic Trail.

Sponsors Rep. Steve McDaniel Description Urges the National Park Service to complete the Eastern Legacy Special Resource Study

and recommend inclusion of Eastern Legacy sites in the Lewis and Clark National Historic Trail.

Senate Status 04/14/2016 - Senate concurred.House Status 03/28/2016 - House adopted.

Executive Status 04/19/2016 - Signed by governor.