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SENATE BILL 1263
By Bowling
HOUSE BILL 1122
By Bricken
HB1122
002983
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AN ACT to amend Tennessee Code Annotated, Title 5;
Title 68, Chapter 211; Title 68, Chapter 221 and
Title 69, relative to solid waste.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 5-1-118(b), is amended by deleting
the subsection and substituting:
(b)
(1) This part does not grant counties the authority to prohibit or regulate
normal agricultural activities.
(2) Subdivision (b)(1) does not apply in any county having a population of
not less than thirteen thousand five hundred (13,500) nor more than thirteen
thousand five hundred fifty (13,550) according to the 2020 federal census or any
subsequent federal census as it pertains to the prohibition or regulation of the
land application of biosolids, which is regulated by such county's legislative body.
SECTION 2. Tennessee Code Annotated, Section 5-1-118(c)(2), is amended by
deleting the subdivision and substituting:
(2)
(A) The powers granted by § 6-2-201(22) and (23) do not apply to those
activities, businesses, or uses of property and business occupations and
practices that are subject to regulation pursuant to title 57, chapters 5 and 6; title
59, chapter 8; title 60, chapter 1; title 68, chapters 201-221; or title 69, chapters
3, 7, 10, and 11.
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(B) Notwithstanding subdivision (c)(2)(A), activities, businesses, or uses
of property and business occupations and practices are not subject to state
regulation pursuant to title 69, chapter 3, but may instead be regulated by a
county pursuant to the powers granted by § 6-2-201(22) and (23) in any county
having a population of not less than thirteen thousand five hundred (13,500) nor
more than thirteen thousand five hundred fifty (13,550) according to the 2020
federal census or any subsequent federal census as it pertains to the prohibition
or regulation of the land application of biosolids, which is regulated by such
county's legislative body.
SECTION 3. Tennessee Code Annotated, Section 69-3-108(g), is amended by adding
the following as a new subdivision:
(6) The permitting authority granted under this subsection (g) does not apply to
the prohibition or regulation of the land application of biosolids in any county having a
population of not less than thirteen thousand five hundred (13,500) nor more than
thirteen thousand five hundred fifty (13,550) according to the 2020 federal census or any
subsequent federal census. The county legislative body of the county described in this
subdivision (g)(6) is granted such permitting authority.
SECTION 4. This act takes effect upon becoming a law, the public welfare requiring it.