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HB0803 • 2026

Water

AN ACT to amend Tennessee Code Annotated, Title 7; Title 8; Title 9; Title 62, Chapter 2; Title 65; Title 68, Chapter 221 and Title 69, relative to utilities.

Energy
Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor
Grills, Pody
Last action
2026-04-09
Official status
Enrolled; ready for sig. of H. Speaker.
Effective date
Not listed

Plain English Breakdown

The official summary does not include details about the application process for utilities or performance bonds, which were mentioned in the candidate explanation.

Water Quality and Sewerage System Regulations

This bill changes rules for sewer systems that use land to treat wastewater in Tennessee.

What This Bill Does

  • Adds new requirements for TDEC (Tennessee Department of Environment and Conservation) to approve plans for decentralized wastewater treatment systems using land application.
  • Sets a one-year expiration period for plan approvals unless construction starts or an extension is granted by TDEC.
  • Requires TDEC to maintain an electronic tracking system for these approvals and extensions.
  • Requires the commissioner to create rules by July 31, 2027, defining material changes in plans and setting standards for proper siting, soil characterization, and long-term performance of wastewater treatment systems.

Who It Names or Affects

  • Tennessee Department of Environment and Conservation (TDEC)
  • Developers proposing new sewerage systems
  • Utilities serving areas with proposed new treatment works

Terms To Know

Decentralized wastewater system
A small-scale sewage treatment system that treats and disposes of wastewater locally.
Land application
The process of applying treated wastewater to land for disposal or reuse.

Limits and Unknowns

  • Hamilton County is exempt from certain provisions of this bill.
  • It does not specify what happens if a developer fails to comply with the new requirements.
  • It is unclear how existing systems will be affected by these changes.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

Amendment 1-0 to HB0803

Plain English: The amendment adds new sections to Tennessee law that set expiration dates for approved engineering plans related to sewage and wastewater projects, allow extensions under certain conditions, and require rules for decentralized wastewater systems.

  • Adds a section (68-221-109) setting an initial one-year expiration period for approved engineering plans with possible extensions up to five years if construction starts or the owner requests an extension.
  • Requires the commissioner to create rules by July 31, 2027, defining criteria and standards for decentralized wastewater treatment systems using land application.
  • Adds a section (68-221-1402) allowing developers of new subdivisions to request that existing utilities take over ownership and operation of proposed sewage works.
  • The full text is truncated, so some details about the amendment's complete scope are not available.
  • Specific rules for decentralized wastewater systems have not yet been defined and will be created by a future date.
Amendment 2-0 to HB0803

Plain English: This amendment adds an exception to the bill's provisions for counties with a population over 900,000 based on the most recent federal census.

  • Adds a new section that excludes large-population counties from certain parts of the bill.
  • The exact sections and details affected by this amendment are not specified in the provided text.
Amendment 1-0 to SB0564

Plain English: The amendment adds new sections to Tennessee law that set expiration dates for approved engineering plans related to sewage and wastewater projects, allow extensions under certain conditions, and require utilities to respond to applications for ownership and operation of treatment works.

  • Adds a section (68-221-109) setting an expiration period of one year for approved engineering plans unless construction starts or the owner gets an extension from the department.
  • Specifies that extensions can be granted in increments up to six years total, provided there are no major changes to the original plan.
  • Requires utilities to respond within 30 days if a developer applies for them to own and operate treatment works.
  • The full text of the amendment is truncated at the end, so some details about negotiations between utilities and developers are not provided.
Amendment 2-0 to SB0564

Plain English: This amendment adds a new section to exclude certain counties with specific population ranges from applying parts of the bill.

  • Adds a new section that excludes counties with populations between 366,200 and 366,300 (based on the 2020 federal census or any later one) from being affected by the act.
  • The amendment only applies to specific population ranges in certain counties, which may not affect other parts of Tennessee.
  • It is unclear how many counties fall within this exact population range and what impact excluding them will have on the overall bill's implementation.
Amendment 3-0 to SB0564

Plain English: This amendment adds a new section to exclude certain counties with specific population ranges from applying parts of the bill.

  • Adds a new section that excludes counties with populations between 478,900 and 479,000 (based on the 2020 federal census or any later one) from being affected by certain provisions in the bill.
  • The amendment does not specify which parts of the bill are excluded for these counties.
  • It is unclear how many counties fall into this specific population range.
Amendment 4-0 to SB0564

Plain English: This amendment adds a new section to exclude certain counties with specific population ranges from applying parts of the bill.

  • Adds a new section that excludes counties with populations between 247,700 and 247,800 (based on the 2020 federal census or any later one) from being affected by certain sections of the bill.
  • The exact impact of this exclusion is not detailed in the amendment text.
  • It's unclear which specific parts of the bill are excluded for these counties.
Amendment 5-0 to SB0564

Plain English: This amendment adds a new section to the bill that excludes certain provisions from applying in counties with more than 900,000 people based on the latest U.S. Census data.

  • Adds a new section to exclude parts of the bill from applying in large-population counties.
  • The exact sections being excluded are not specified and depend on where this new section is inserted within the bill.
Amendment 6-0 to SB0564

Plain English: This amendment adds an exception for large counties with a specific type of government from being affected by certain parts of the bill.

  • Adds a new section that excludes counties with a metropolitan form of government and a population over 500,000 (based on the 2020 or later federal census) from the provisions of the act.
  • The exact sections of the bill this amendment affects are not specified in the provided text.
  • It is unclear what specific changes will be made to other parts of the bill due to renumbering subsequent sections.
Amendment 7-0 to SB0564

Plain English: The amendment adds a new section to the bill that excludes certain counties based on their population from being affected by the act.

  • Adds a new section that exempts counties with populations between 24,900 and 25,000 or between 54,300 and 54,400 according to the 2020 federal census from being covered by the act.
  • The amendment only specifies two population ranges for exclusion. Other counties are not addressed in this amendment.
  • It is unclear what specific parts of the bill these exemptions will affect without seeing the full text of HB0803 and SB0564.
Amendment 8-0 to SB0564

Plain English: The amendment adds a new section to the bill that excludes certain counties based on their population from being affected by parts of the act.

  • Adds a new section that lists specific population ranges for counties which will be exempt from the provisions of the act.
  • The exact impact and details of how these exemptions affect the rest of the bill are not provided in this amendment text.
Amendment 9-0 to SB0564

Plain English: The amendment adds a new section that excludes certain counties with specific population ranges from part of the bill's provisions.

  • Adds a new section stating that a particular part of the bill does not apply to counties with populations between 100,900 and 101,000 based on the most recent federal census.
  • The amendment text is limited in explaining what specific provisions are excluded for these counties.
  • It's unclear which part of the bill this new section applies to without additional context.
Amendment 10-0 to SB0564

Plain English: The amendment adds a new section that excludes certain counties with specific population ranges from part of Senate Bill No. 564 and House Bill No. 803.

  • Adds a new section to exclude counties with populations between 366,200 and 366,300 (based on the 2020 federal census or any subsequent one) from certain provisions of Senate Bill No. 564 and House Bill No. 803.
  • The amendment does not specify which part of the bill is excluded for these counties, making it unclear what exact changes apply to them.
  • It's not clear why this specific population range was chosen or how many counties fall into this category.
Amendment 11-0 to SB0564

Plain English: The amendment adds a new section to the bill that excludes certain counties with specific population ranges from being subject to part of the bill's provisions.

  • Adds a new section at the end of Section 2 which states that the part does not apply in counties having a population between 24,900 and 25,000 or between 54,300 and 54,400 according to the 2020 federal census or any subsequent one.
  • The exact impact of this amendment is unclear without knowing which counties fall into these population ranges.
  • It's not specified what part of the bill this exclusion applies to.
Amendment 12-0 to SB0564

Plain English: The amendment adds a new section that excludes certain large counties with metropolitan governments from part of an existing law.

  • Adds a new section at the end of Section 2, stating that a specific part of the bill does not apply to counties with a population over 500,000 that have a metropolitan form of government.
  • The amendment text is brief and does not specify which part of the existing law it excludes for large metropolitan counties.
  • It's unclear what specific changes or impacts this exclusion will have on those counties.
Amendment 13-0 to SB0564

Plain English: This amendment adds a new section to exclude certain counties with specific population ranges from applying parts of the bill.

  • Adds a new section that excludes counties with populations between 341,400 and 341,500 (based on the 2020 federal census or any later one) from being affected by certain sections of the bill.
  • The exact impact of this exclusion is not detailed in the amendment text.
  • It's unclear which specific parts of the bill are excluded for these counties.
Amendment 14-0 to SB0564

Plain English: The amendment adds new population thresholds for counties to determine if certain parts of the bill do not apply.

  • Adds specific population ranges for four different county sizes based on the 2020 federal census or any subsequent census.
  • The exact impact and applicability of these new sections are unclear without additional context from the main bill text.
Amendment 15-0 to SB0564

Plain English: The amendment adds a new section to the bill that excludes certain population ranges of counties from being subject to specific parts of the law.

  • Adds a new section at the end of Section 2 in Senate Bill No. 564 and House Bill No. 803, which lists specific population ranges for counties where certain provisions do not apply.
  • The amendment text does not specify what parts of the law are excluded for these counties.
  • It is unclear how this new section interacts with existing laws or regulations.
Amendment 16-0 to SB0564

Plain English: The amendment adds an exception to Section 2 of Senate Bill No. 564 and House Bill No. 803, stating that certain provisions do not apply in counties with a population over 900,000 based on the latest federal census.

  • Adds a new provision at the end of SECTION 2 to exclude large-population counties from applying specific parts of the bill.
  • The amendment text does not specify which exact provisions are excluded for large-population counties, making it unclear what changes will be made in those areas.
Amendment 17-0 to SB0564

Plain English: The amendment adds a new section to exclude certain counties with specific population ranges from the provisions of Section 2.

  • Adds a new section that excludes counties with populations between specified ranges (e.g., not less than 16,200 and not more than 16,300) according to the 2020 federal census or any subsequent census from certain provisions.
  • The exact impact of excluding these counties is unclear without knowing what specific provisions are being excluded.
  • The amendment text does not specify which part of Section 2 these exclusions apply to, making it hard to understand the full scope of changes.
Amendment 18-0 to SB0564

Plain English: The amendment adds a new section to the bill that excludes certain counties based on their population from being subject to specific parts of the bill.

  • Adds a new section at the end of Section 2 which states that the part does not apply in counties with a population between 56,700 and 56,800 or between 158,100 and 158,200 according to the 2020 federal census or any subsequent one.
  • The amendment text does not specify which parts of the bill are excluded for these counties.
  • It is unclear what specific provisions in Section 2 this new section applies to.
Amendment 19-0 to SB0564

Plain English: The amendment adds a new section that excludes cities with specific population ranges from certain parts of the bill.

  • Adds a new section at the end of Section 2, which states that cities with populations between 71,040 and 71,050 (based on the 2020 federal census or any subsequent one) are exempt from certain provisions in the bill.
  • The amendment does not specify what parts of the bill these cities are excluded from.
  • It is unclear why this specific population range was chosen for exclusion.
Amendment 20-0 to SB0564

Plain English: The amendment adds a new section to the bill that excludes certain counties from part of the law based on their population size according to the federal census.

  • Adds a new section at the end of Section 2 in Title 68, Chapter 221 of Tennessee Code Annotated.
  • Lists specific ranges of county populations that are exempted from certain provisions of the bill.
  • The exact details of which part of the law these counties are excluded from is not provided in the amendment text.
  • It's unclear what happens if a county's population falls between the specified ranges listed.
Amendment 21-0 to SB0564

Plain English: The amendment adds a new section that excludes certain counties with specific population ranges from part of Senate Bill No. 564 and House Bill No. 803.

  • Adds a new section to exclude counties with populations between 135,200 and 135,300 according to the 2020 federal census or any future censuses from part of the bill.
  • The amendment text does not specify which part of the bill is excluded for these counties.
  • It's unclear what specific impact this exclusion will have on those counties.
Amendment 22-0 to SB0564

Plain English: The amendment adds a new section that excludes counties with specific population ranges from certain parts of the bill.

  • Adds a new section stating that a particular part of the bill does not apply to counties with populations between 133,000 and 133,100 based on the most recent federal census.
  • The amendment text is very specific about population ranges but does not explain what parts of the bill are excluded for these counties.
  • It's unclear which part of the bill this new section applies to without additional context.
Amendment 23-0 to SB0564

Plain English: The amendment adds a new section that excludes counties with specific population ranges from certain parts of the bill.

  • Adds a new section stating that a particular part of the bill does not apply to counties with populations between 220,000 and 220,100 based on the most recent federal census.
  • The amendment text is limited in explaining what specific parts of the bill are excluded for these counties.
  • It's unclear which part of the bill this new section applies to without additional context.
Amendment 24-0 to SB0564

Plain English: The amendment adds a new section to the bill that excludes certain counties with specific population ranges from being subject to part of the bill's provisions.

  • Adds a new section at the end of Section 2 in Title 68, Chapter 221 of Tennessee Code Annotated.
  • The amendment text does not specify which parts of the bill are excluded for these counties, making it unclear what specific provisions do not apply.
  • It is not clear from the provided information why these particular population ranges were chosen or how they will affect the implementation of the bill.

Bill History

  1. 2026-04-09 Tennessee General Assembly

    Enrolled; ready for sig. of H. Speaker.

  2. 2026-04-08 Tennessee General Assembly

    H. concurred in S. am. no. 10 Ayes 59, Nays 33 PNV 3 HB0803

  3. 2026-04-07 Tennessee General Assembly

    H. Placed on Message Calendar for 4/8/2026

  4. 2026-04-06 Tennessee General Assembly

    Passed Senate as amended, Ayes 20, Nays 13

  5. 2026-04-06 Tennessee General Assembly

    Senate adopted Amendment (Amendment 10 - SA0771)

  6. 2026-04-06 Tennessee General Assembly

    Amendment tabled (Amendment 16 - SA0857)

  7. 2026-04-06 Tennessee General Assembly

    Amendment tabled (Amendment 12 - SA0816)

  8. 2026-04-06 Tennessee General Assembly

    Amendment tabled (Amendment 24 - SA0984)

  9. 2026-04-06 Tennessee General Assembly

    Amendment withdrawn. (Amendment 23 - SA0983)

  10. 2026-04-06 Tennessee General Assembly

    Amendment tabled (Amendment 22 - SA0981)

  11. 2026-04-06 Tennessee General Assembly

    Amendment tabled (Amendment 21 - SA0966)

  12. 2026-04-06 Tennessee General Assembly

    Amendment withdrawn. (Amendment 20 - SA0949)

  13. 2026-04-06 Tennessee General Assembly

    Amendment tabled (Amendment 19 - SA0948)

  14. 2026-04-06 Tennessee General Assembly

    Amendment tabled (Amendment 18 - SA0947)

  15. 2026-04-06 Tennessee General Assembly

    Amendment withdrawn. (Amendment 17 - SA0858)

  16. 2026-04-06 Tennessee General Assembly

    Amendment withdrawn. (Amendment 15 - SA0845)

  17. 2026-04-06 Tennessee General Assembly

    Amendment tabled (Amendment 14 - SA0843)

  18. 2026-04-06 Tennessee General Assembly

    Amendment withdrawn. (Amendment 13 - SA0833)

  19. 2026-04-06 Tennessee General Assembly

    Amendment tabled (Amendment 11 - SA0814)

  20. 2026-04-06 Tennessee General Assembly

    Amendment tabled (Amendment 9 - SA0752)

  21. 2026-04-06 Tennessee General Assembly

    Amendment withdrawn. (Amendment 8 - SA0721)

  22. 2026-04-06 Tennessee General Assembly

    Amendment tabled (Amendment 7 - SA0692)

  23. 2026-04-06 Tennessee General Assembly

    Amendment withdrawn. (Amendment 6 - SA0669)

  24. 2026-04-06 Tennessee General Assembly

    Amendment withdrawn. (Amendment 5 - SA0645)

  25. 2026-04-06 Tennessee General Assembly

    Amendment withdrawn. (Amendment 4 - SA0557)

  26. 2026-04-06 Tennessee General Assembly

    Amendment withdrawn. (Amendment 3 - SA0509)

  27. 2026-04-06 Tennessee General Assembly

    Amendment withdrawn. (Amendment 2 - SA0477)

  28. 2026-04-06 Tennessee General Assembly

    Amendment withdrawn. (Amendment 1 - SA0476)

  29. 2026-04-06 Tennessee General Assembly

    Senate substituted House Bill for companion Senate Bill.

  30. 2026-04-06 Tennessee General Assembly

    Sponsor(s) Added.

  31. 2026-04-06 Tennessee General Assembly

    Companion House Bill substituted

  32. 2026-04-02 Tennessee General Assembly

    Placed on Senate Regular Calendar for 4/6/2026

  33. 2026-04-02 Tennessee General Assembly

    Senate Reset on calendar for 4/6/2026

  34. 2026-03-31 Tennessee General Assembly

    Placed on Senate Regular Calendar for 4/2/2026

  35. 2026-03-30 Tennessee General Assembly

    Sponsor(s) Added.

  36. 2026-03-26 Tennessee General Assembly

    Sponsor(s) Added.

  37. 2026-03-26 Tennessee General Assembly

    Senate Reset on calendar for 4/2/2026

  38. 2026-03-24 Tennessee General Assembly

    Placed on Senate Regular Calendar for 3/26/2026

  39. 2026-03-19 Tennessee General Assembly

    Received from House, Passed on First Consideration

  40. 2026-03-17 Tennessee General Assembly

    Engrossed; ready for transmission to Sen.

  41. 2026-03-16 Tennessee General Assembly

    Sponsor(s) Added.

  42. 2026-03-16 Tennessee General Assembly

    Passed H., as am., Ayes 69, Nays 22, PNV 1

  43. 2026-03-16 Tennessee General Assembly

    H. adopted am. (Amendment 1 - HA0621)

  44. 2026-03-12 Tennessee General Assembly

    H. Placed on Regular Calendar for 3/16/2026

  45. 2026-03-12 Tennessee General Assembly

    Senate Reset on calendar for 3/26/2026

  46. 2026-03-11 Tennessee General Assembly

    Placed on cal. Calendar & Rules Committee for 3/12/2026

  47. 2026-03-10 Tennessee General Assembly

    Rec. for pass. if am., ref. to Calendar & Rules Committee

  48. 2026-03-10 Tennessee General Assembly

    Placed on Senate Regular Calendar for 3/12/2026

  49. 2026-03-04 Tennessee General Assembly

    Placed on cal. Agriculture & Natural Resources Committee for 3/10/2026

  50. 2026-03-04 Tennessee General Assembly

    Rec for pass if am by s/c ref. to Agriculture & Natural Resources Committee

  51. 2026-03-04 Tennessee General Assembly

    Sponsor(s) Added.

  52. 2026-02-25 Tennessee General Assembly

    Placed on s/c cal Agriculture & Natural Resources Subcommittee for 3/4/2026

  53. 2026-02-25 Tennessee General Assembly

    Sponsor(s) Added.

  54. 2026-02-19 Tennessee General Assembly

    Senate Reset on calendar for 3/12/2026

  55. 2026-02-17 Tennessee General Assembly

    Sponsor(s) Added.

  56. 2026-02-17 Tennessee General Assembly

    Placed on Senate Regular Calendar for 2/19/2026

  57. 2026-02-11 Tennessee General Assembly

    Recommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 5, Nays 4 PNV 0

  58. 2026-02-04 Tennessee General Assembly

    Taken off notice for cal in s/c Agriculture and Natural Resources Subcommittee of Agriculture & Natural Resources Committee

  59. 2026-02-04 Tennessee General Assembly

    Placed on Senate Energy, Ag., and Nat. Resources Committee calendar for 2/11/2026

  60. 2026-02-04 Tennessee General Assembly

    Action deferred in Senate Energy, Ag., and Nat. Resources Committee to 2/11/2026

  61. 2026-01-28 Tennessee General Assembly

    Placed on s/c cal Agriculture & Natural Resources Subcommittee for 2/4/2026

  62. 2026-01-28 Tennessee General Assembly

    Placed on Senate Energy, Ag., and Nat. Resources Committee calendar for 2/4/2026

  63. 2026-01-26 Tennessee General Assembly

    Meeting Canceled

  64. 2026-01-21 Tennessee General Assembly

    Placed on s/c cal Agriculture & Natural Resources Subcommittee for 1/28/2026

  65. 2026-01-14 Tennessee General Assembly

    Action deferred in Senate Energy, Ag., and Nat. Resources Committee to 2/4/2026

  66. 2026-01-09 Tennessee General Assembly

    Sponsor(s) Added.

  67. 2026-01-06 Tennessee General Assembly

    Placed on Senate Energy, Ag., and Nat. Resources Committee calendar for 1/14/2026

  68. 2025-04-14 Tennessee General Assembly

    Sponsor(s) Added.

  69. 2025-03-26 Tennessee General Assembly

    Action Def. in s/c Agriculture and Natural Resources Subcommittee to First Calendar of 2026

  70. 2025-03-19 Tennessee General Assembly

    Placed on s/c cal Agriculture & Natural Resources Subcommittee for 3/26/2025

  71. 2025-03-19 Tennessee General Assembly

    Action Def. in s/c Agriculture and Natural Resources Subcommittee to 3/26/2025

  72. 2025-03-19 Tennessee General Assembly

    Action deferred in Energy, Ag., & Nat. Resources Committee to first calendar of 2026

  73. 2025-03-19 Tennessee General Assembly

    Action deferred in Senate Energy, Ag., and Nat. Resources Committee to 3/26/2025

  74. 2025-03-13 Tennessee General Assembly

    Sponsor(s) Added.

  75. 2025-03-13 Tennessee General Assembly

    Placed on Senate Energy, Ag., and Nat. Resources Committee calendar for 3/19/2025

  76. 2025-03-12 Tennessee General Assembly

    Placed on s/c cal Agriculture & Natural Resources Subcommittee for 3/19/2025

  77. 2025-03-12 Tennessee General Assembly

    Action Def. in s/c Agriculture & Natural Resources Subcommittee to 3/19/2025

  78. 2025-03-12 Tennessee General Assembly

    Reset on Final calendar of Senate Energy, Ag., and Nat. Resources Committee

  79. 2025-03-06 Tennessee General Assembly

    Placed on Senate Energy, Ag., and Nat. Resources Committee calendar for 3/12/2025

  80. 2025-03-05 Tennessee General Assembly

    Placed on s/c cal Agriculture & Natural Resources Subcommittee for 3/12/2025

  81. 2025-03-05 Tennessee General Assembly

    Assigned to s/c Agriculture & Natural Resources Subcommittee

  82. 2025-03-05 Tennessee General Assembly

    Ref. to Agriculture & Natural Resources Committee

  83. 2025-03-05 Tennessee General Assembly

    Action deferred in Senate Energy, Ag., and Nat. Resources Committee to 3/12/2025

  84. 2025-02-26 Tennessee General Assembly

    Placed on Senate Energy, Ag., and Nat. Resources Committee calendar for 3/5/2025

  85. 2025-02-12 Tennessee General Assembly

    Passed on Second Consideration, refer to Senate Energy, Ag., and Nat. Resources Committee

  86. 2025-02-10 Tennessee General Assembly

    Introduced, Passed on First Consideration

  87. 2025-02-06 Tennessee General Assembly

    P2C, caption bill, held on desk - pending amdt.

  88. 2025-02-05 Tennessee General Assembly

    Intro., P1C.

  89. 2025-02-04 Tennessee General Assembly

    Filed for introduction

  90. 2025-01-30 Tennessee General Assembly

    Filed for introduction

Official Summary Text

ON MARCH 16, 2026, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 803, AS AMENDED.

AMENDMENT #1 rewrites this bill to add to present law concerning sewerage systems using land application.

Present law prohibits new construction of, or making any change in a public water supply or public sewerage system, until the plans for such new construction or change have been submitted to and approved by TDEC.

For municipal sewage treatment works and wastewater facilities requiring plan
a
pprovals associated with permits under the Water Quality Control Act for decentralized systems using land application, this amendment adds the following to present law:

(1) Approval of engineering plans and specifications expires 12 months from the date of issuance unless construction has commenced or the owner obtained an extension under (2);

(2) TDEC is authorized to grant extensions in increments not exceeding 12 months, up to a cumulative maximum of 60 months from the original approval date;

(3) If material changes in design, capacity, treatment process, or site conditions occur, the owner is required to submit revised plans, engineering reports, and specifications to TDEC for review and approval;

(4) TDEC is required to maintain an electronic tracking system for plan approvals and extensions; and

(5) If construction of a decentralized wastewater system using land application is not completed within 60 months, the owner is required to submit new plans, engineering reports, and specifications for review and approval. No decentralized wastewater s
ystem using land application may commence operation until construction has been completed in accordance with approved plans.

Present law requires the board of water quality, oil and gas to promulgate rules creating a system of incentives for alternatives to discharges to surface waters, such as land application and beneficial reuse of the wastewater. Present law also prohibit
s the commissioner from approving or certifying a public sewerage system using land application or treatment if the system proposes to use land having a water table at an elevation which would preclude adequate treatment of the wastewater and which may re
su
lt in surface or ground water pollution.

This amendment adds a requirement that the commissioner, no later than July 31, 2027, promulgate rules applicable to the design and construction of decentralized wastewater treatment systems using land application. At a minimum, the rules must define ma
terial revisions for purposes of determining when a change in plans has occurred, address proper siting, soil characterization, soil mapping, hydraulic loading, redundancy and reserve area requirements, and long-term performance standards to ensure adequa
te
protection of surface waters, groundwater, and public health.

Under this amendment, when a developer of a subdivision proposes to construct a treatment works for use by the subdivision, and the design and construction is approved by TDEC, then the developer is required to apply to the utility serving the area in wh
ich the system is located requesting that the utility agree to assume operational responsibility and ownership of the treatment works or refuse to own and operate the treatment works. The full text of this amendment specifies procedural requirements, inc
lu
ding deadlines, for the application process. If a developer receives written notice of the utility's refusal to own and operate the treatment works, or if the utility fails to respond to the application within the allotted time, then the developer may co
ntract with another utility for ownership and operation of the treatment works. This amendment provides a two-year window within which a utility that denies or does not reply to an application may negotiate with the current owner and operator of the trea
tm
ent works to allow the utility to assume operational responsibilities and ownership rights to the treatment works.

Upon at least 50% of the units within a development being issued a certificate of use and occupancy, this amendment requires the local government for the jurisdiction where the treatment works is or will be installed to require the developer to obtain an
d file a performance bond of 100% of the total replacement cost for the first two years that the treatment works is in operation. The operator must file a performance bond for 50% of the replacement cost for the third through tenth years that the treatme
nt
works is in operation.

The full text of this amendment requires that decentralized wastewater systems using land application comply with applicable laws and environmental regulations, and establishes criteria for transfer, issuance, and modification of permits.

ON APRIL 6, 2026, THE SENATE SUBSTITUTED HOUSE BILL 803 FOR SENATE BILL 564, ADOPTED AMENDMENT #10, AND PASSED HOUSE BILL 803, AS AMENDED.

AMENDMENT #10 exempts Hamilton County from the provisions of the bill requiring the developer of a subdivision or neighborhood that proposes to construct a treatment works to submit an application to the utility serving the area in which the system is lo
cated.

Current Bill Text

Read the full stored bill text
SENATE BILL 564
By Pody

HOUSE BILL 803
By Grills

HB0803
001994
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 7;
Title 8; Title 9; Title 62, Chapter 2; Title 65; Title
68, Chapter 221 and Title 69, relative to utilities.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 68-221-914(b), is amended by
deleting "sixty (60) days" and substituting "sixty-five (65) days".
SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it.