Environment and Conservation, Department of

SENATE BILL 665
By Taylor

HOUSE BILL 613
By Vaughan

HB0613
002531
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AN ACT to amend Tennessee Code Annotated, Title 69,
relative to mitigation.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 69-3-108(g), is amended by adding
the following new subdivision:
(6) On or before July 1, 2025, and on or before July 1 of each year thereafter,
the division of water resources in the department, in collaboration with United States
army corps of engineers, as necessary, shall report the following information to the
governor, the comptroller of the treasury, the chair of the committee of the house of
representatives having jurisdiction over commerce, and the chair of the commerce and
labor committee of the senate the following information for the preceding twelve (12)
months:
(A) The number of applications for permits filed pursuant to this section;
and
(B) For permits required to have a provision for adequate compensatory
mitigation pursuant to subdivision (g)(4)(E), the mechanism of compensatory
mitigation provided for in the permit, including mitigation banking, permittee-
responsible mitigation, or in-lieu fee payments as approved by the department. If
the mechanism of compensatory mitigation is:
(i) An in-lieu fee program, then the report must include the in-lieu
fee instrument sponsor, the number of mitigation credits sold for the

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permitted project, and the amount of money received by the sponsor for
such credits; and
(ii) Mitigation banking, then the report must include the mitigation
bank sponsor, the number of mitigation credits sold for the permitted
project, and the amount of money received by the sponsor for such
credits.
SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it.