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HB1129 • 2026

Highways, Roads and Bridges

AN ACT to amend Tennessee Code Annotated, Title 54, Chapter 1, relative to disaster-related exemptions.

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Farmer, Bailey
Last action
2025-04-29
Official status
Comp. became Pub. Ch. 230
Effective date
Not listed

Plain English Breakdown

The official summary and text do not provide specific details about the expiration date or the exact nature of the disaster recovery efforts, which were mentioned in the candidate explanation.

Disaster-Related Exemptions for Road Construction Borrow Pits

This bill changes Tennessee's laws to allow temporary borrow pits used in road construction projects during Hurricane Helene recovery efforts without some usual environmental restrictions.

What This Bill Does

  • Allows temporary borrow pits used for road work in FEMA-certified counties during Hurricane Helene recovery efforts, even if they do not meet all storm water runoff requirements or federal Clean Water Act and Water Pollution Control Act standards.
  • Removes the requirement that these borrow pits must have a reclamation plan approved by local authorities.
  • Limits this exemption to projects part of state or local Hurricane Helene recovery efforts in FEMA-certified counties.

Who It Names or Affects

  • Road construction companies working in FEMA-certified Tennessee counties during Hurricane Helene recovery efforts.
  • Local and state authorities responsible for approving borrow pit reclamation plans.

Terms To Know

FEMA
Federal Emergency Management Agency, a U.S. government agency that deals with disaster preparedness and response.
Borrow Pit
A temporary excavation site where material is taken for use in construction projects like road building.

Limits and Unknowns

  • The bill does not specify what happens if the borrow pits do not meet federal environmental standards, which could affect future funding from the Federal Highway Administration.
  • It's unclear how this change will impact local water quality and stormwater management in affected areas.

Amendments

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

Amendment 1-0 to HB1129

Plain English: The amendment allows temporary borrow pits for road construction projects in counties affected by Hurricane Helene, as certified by FEMA, without following usual restrictions.

  • Adds an exception to the rules on borrow pits for road work related to Hurricane Helene recovery efforts in FEMA-certified counties.
  • Defines 'FEMA-certified county' as a county included in a disaster declaration made between September 26 and October 3, 2024.
  • Sets an expiration date of June 30, 2039, for this exception.
  • The amendment text does not specify the exact restrictions on borrow pits that are being waived.
Amendment 1-0 to SB0915

Plain English: The amendment allows temporary borrow pits for road construction projects in counties affected by Hurricane Helene, as certified by FEMA, without following usual restrictions.

  • Adds an exception to the rules about borrow pits for road work related to Hurricane Helene recovery efforts in certain Tennessee counties.
  • Defines 'FEMA-certified county' as a county included in a disaster declaration made between September 26 and October 3, 2024, by FEMA.
  • The amendment expires on June 30, 2039, limiting its duration.
  • Details about specific counties or the extent of road work are not provided in the amendment text.

Bill History

  1. 2025-04-29 Tennessee General Assembly

    Comp. became Pub. Ch. 230

  2. 2025-04-29 Tennessee General Assembly

    Effective date(s) 04/21/2025

  3. 2025-04-29 Tennessee General Assembly

    Pub. Ch. 230

  4. 2025-04-21 Tennessee General Assembly

    Signed by Governor.

  5. 2025-04-11 Tennessee General Assembly

    Transmitted to Governor for action.

  6. 2025-04-10 Tennessee General Assembly

    Signed by H. Speaker

  7. 2025-04-09 Tennessee General Assembly

    Signed by Senate Speaker

  8. 2025-04-08 Tennessee General Assembly

    Enrolled and ready for signatures

  9. 2025-04-07 Tennessee General Assembly

    Sponsor(s) Added.

  10. 2025-04-07 Tennessee General Assembly

    Comp. SB subst.

  11. 2025-04-07 Tennessee General Assembly

    Passed H., Ayes 93, Nays 0, PNV 2

  12. 2025-04-07 Tennessee General Assembly

    Am. withdrawn. (Amendment 1 - HA0117)

  13. 2025-04-07 Tennessee General Assembly

    Subst. for comp. HB.

  14. 2025-04-03 Tennessee General Assembly

    H. Placed on Regular Calendar for 4/7/2025

  15. 2025-04-02 Tennessee General Assembly

    Placed on cal. Calendar & Rules Committee for 4/3/2025

  16. 2025-04-01 Tennessee General Assembly

    Rec. for pass; ref to Calendar & Rules Committee

  17. 2025-03-31 Tennessee General Assembly

    Rcvd. from S., held on H. desk.

  18. 2025-03-27 Tennessee General Assembly

    Engrossed; ready for transmission to House

  19. 2025-03-27 Tennessee General Assembly

    Sponsor(s) Added.

  20. 2025-03-27 Tennessee General Assembly

    Passed Senate as amended, Ayes 32, Nays 0

  21. 2025-03-27 Tennessee General Assembly

    Senate adopted Amendment (Amendment 1 - SA0153)

  22. 2025-03-26 Tennessee General Assembly

    Placed on cal. Finance, Ways, and Means Committee for 4/1/2025

  23. 2025-03-26 Tennessee General Assembly

    Rec. for pass by s/c ref. to Finance, Ways, and Means Committee

  24. 2025-03-25 Tennessee General Assembly

    Placed on Senate Regular Calendar for 3/27/2025

  25. 2025-03-19 Tennessee General Assembly

    Placed on s/c cal Finance, Ways, and Means Subcommittee for 3/26/2025

  26. 2025-03-19 Tennessee General Assembly

    Assigned to s/c Finance, Ways, and Means Subcommittee

  27. 2025-03-19 Tennessee General Assembly

    Recommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 9, Nays 0 PNV 0

  28. 2025-03-18 Tennessee General Assembly

    Rec. for pass. if am., ref. to Finance, Ways, and Means Committee

  29. 2025-03-12 Tennessee General Assembly

    Placed on cal. Transportation Committee for 3/18/2025

  30. 2025-03-12 Tennessee General Assembly

    Placed on Senate Transportation and Safety Committee calendar for 3/19/2025

  31. 2025-03-11 Tennessee General Assembly

    Rec for pass if am by s/c ref. to Transportation Committee

  32. 2025-03-05 Tennessee General Assembly

    Placed on s/c cal Transportation Subcommittee for 3/11/2025

  33. 2025-02-12 Tennessee General Assembly

    Assigned to s/c Transportation Subcommittee

  34. 2025-02-12 Tennessee General Assembly

    P2C, ref. to Transportation Committee

  35. 2025-02-12 Tennessee General Assembly

    Passed on Second Consideration, refer to Senate Transportation and Safety Committee

  36. 2025-02-10 Tennessee General Assembly

    Intro., P1C.

  37. 2025-02-10 Tennessee General Assembly

    Introduced, Passed on First Consideration

  38. 2025-02-05 Tennessee General Assembly

    Filed for introduction

  39. 2025-02-05 Tennessee General Assembly

    Filed for introduction

Official Summary Text

Present law prohibits local or regional zoning and planning regulations regarding the area from which borrow material is obtained from applying to road work c
onstruction projects for construction work performed under a contract entered into with the state as long as the borrow pit from which the material is obtained (i) is temporary, and the use of the pit does not exceed the completion date of the state proje
c
t, (ii) meets all storm water runoff requirements, (iii) meets the requirements of the federal Clean Water Act and the federal Water Pollution Control Act, (iv) has a reclamation plan approved by the municipality or county in which the project is located,

and (v) is not located on a street or road currently operating below level of service "C," or is located on a street or road that would be reduced below level of service "C" by traffic generated by the borrow site operation.

This bill adds that the rest
rictions on borrow pits as described above do not apply to temporary borrow pits used for a road work construction project performed in a FEMA-certified county under a contract for construction work entered into with the state that is part of a state or l
o
cal Hurricane Helene recovery effort.

ON MARCH 27, 2025, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 915, AS AMENDED.

AMENDMENT #1 makes the following changes:



As applied to
temporary borrow pits used for a road work construction project performed in a FEMA-certified county under a contract for construction work entered into with the state that is part of a state or local Hurricane Helene recovery effort
, removes exemptions from m
eet
ing

(i)
all storm water runoff requirements
and (ii)
the requirements of the federal Clean Water Act and the federal Water Pollution Control Act
.



P
rovides that the language added in the bill expires on June 30, 2039.

Current Bill Text

Read the full stored bill text 
SENATE BILL 915
By Bailey

HOUSE BILL 1129
By Farmer

HB1129
002210
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 54,
Chapter 1, relative to disaster-related exemptions.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 54-1-128, is amended by adding the
following as a new subsection:
(e) Notwithstanding this section, the restrictions on borrow pits under
subdivisions (b)(1)(A)-(E) do not apply to temporary borrow pits used for a road work
construction project performed in a FEMA-certified county under a contract for
construction work entered into with the state that is part of a state or local Hurricane
Helene recovery effort. For purposes of this subsection (e), "FEMA-certified county"
means a county included in a declaration made on or after September 26, 2024, and
prior to October 3, 2024, for a disaster certified by the federal emergency management
agency (FEMA).
SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it.