HB1724 • 2026

Water Pollution

AN ACT to amend Tennessee Code Annotated, Section 1-3-105; Title 5; Title 6; Title 7; Title 13, Chapter 7; Title 43; Title 68 and Title 69, relative to waste from waste water facilities.

Active

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

Sponsor: Travis, Gardenhire
Last action: 2026-01-22
Official status: Assigned to s/c Agriculture & Natural Resources Subcommittee
Effective date: Not listed

Plain English Breakdown

The bill's effective date for certain provisions is July 1, 2026.

Water Pollution Control Act

This bill allows local governments to set fees for applying sludge from water treatment plants onto farmland and restricts who can apply this sludge without a permit.

What This Bill Does

Allows counties, municipalities, and metropolitan governments to charge fees when sludge is spread on farmland within their borders by adopting a resolution with a two-thirds vote of the applicable legislative body.
Requires local governments to collect these fees from operators of water treatment facilities that generated the sludge and remit them for constructing or maintaining waste water treatment facilities in the area where the fee applies.
Prohibits anyone from spreading sludge on farmland unless it's within an approved area or they have a special permit, effective July 1, 2026.

Who It Names or Affects

Local governments that can set fees for applying sludge on farmland.
Farmers who might need to pay these new fees and get special permits.
State officials responsible for issuing permits related to spreading sludge.

Terms To Know

sludge: Solid waste material left after treating water at a treatment plant.
tipping fee: A charge for disposing of or processing waste, in this case per ton of sludge applied to farmland.

Limits and Unknowns

The bill does not specify how much revenue local governments will collect from these fees.
It's unclear what the exact impact on local government budgets and operations might be due to multiple unknown variables.

Bill History

2026-02-11 Tennessee General Assembly
Assigned to General Subcommittee of Senate Energy, Ag., and Nat. Resources Committee
2026-02-04 Tennessee General Assembly
Placed on Senate Energy, Ag., and Nat. Resources Committee calendar for 2/11/2026
2026-02-04 Tennessee General Assembly
Action deferred in Senate Energy, Ag., and Nat. Resources Committee to 2/11/2026
2026-01-28 Tennessee General Assembly
Placed on Senate Energy, Ag., and Nat. Resources Committee calendar for 2/4/2026
2026-01-22 Tennessee General Assembly
Assigned to s/c Agriculture & Natural Resources Subcommittee
2026-01-22 Tennessee General Assembly
P2C, ref. to Agriculture & Natural Resources Committee
2026-01-21 Tennessee General Assembly
Intro., P1C.
2026-01-21 Tennessee General Assembly
Passed on Second Consideration, refer to Senate Energy, Ag., and Nat. Resources Committee
2026-01-20 Tennessee General Assembly
Filed for introduction
2026-01-15 Tennessee General Assembly
Introduced, Passed on First Consideration
2026-01-14 Tennessee General Assembly
Filed for introduction

Official Summary Text

Present law generally reserves to the state the power to regulate agricultural activities.

This bill authorizes counties, municipalities, and metropolitan governments to authorize the application of sludge originating from a waste water treatment or processing facility to agricultural land located within their respective boundaries by adopting
a resolution by a two-thirds vote of the applicable legislative body that establishes a tipping fee on each ton of sludge that is applied to agricultural land in the jurisdiction. The fee must be collected by the operator of the waste water treatment or
p
rocessing facility that generated the sludge and remitted to the local government in which the sludge will be applied to agricultural land. Revenue from a tipping fee established pursuant to this bill must be expended only for the purpose of constructing
and maintaining waste water treatment or processing facilities in the jurisdiction to which the fee is remitted.

Effective July 1, 2026, this bill prohibits any person from applying sludge originating from a waste water treatment or processing facility to agricultural land located in this state, unless:

(1) The land is located in the jurisdiction of a county, municipality, or metropolitan government that has approved such application pursuant to this bill; or

(2) The person is acting pursuant to a valid discharge permit.

Effective July 1, 2026, this bill prohibits the commissioner of TDEC from issuing or renewing a permit that authorizes the permittee to apply sludge originating from a waste water treatment or processing facility to agricultural land located in this stat
e, unless the land is located in a jurisdiction that has approved an application pursuant to this bill.

Except as otherwise noted in this bill summary, this bill takes effect upon becoming a law.

Current Bill Text

Read the full stored bill text

SENATE BILL 1657
By Gardenhire

HOUSE BILL 1724
By Travis
HB1724
009581
- 1 -

AN ACT to amend Tennessee Code Annotated, Section 1-
3-105; Title 5; Title 6; Title 7; Title 13, Chapter 7;
Title 43; Title 68 and Title 69, relative to waste
from waste water facilities.

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:
(1) Except as provided in subdivision (b)(2), nothing in this part authorizes
counties to prohibit or regulate normal agricultural activities.
(2) A county may authorize the application of sludge originating from a waste
water treatment or processing facility to agricultural land located within the
unincorporated areas of the county by adopting a resolution by a two-thirds (2/3) vote of
the county legislative body that establishes a tipping fee on each ton of sludge that is
applied to agricultural land in the unincorporated areas of the county. The fee must be
collected by the operator of the waste water treatment or processing facility that
generated the sludge and remitted to the county in which the sludge will be applied to
agricultural land. Revenue from a tipping fee established pursuant to this subdivision
(b)(2) must be expended only for the purpose of constructing and maintaining waste
water treatment or processing facilities in the county to which the fee is remitted.
SECTION 2. Tennessee Code Annotated, Section 5-1-118(c)(2), is amended by
deleting the subdivision and substituting:
(2) Except as provided in subdivision (b)(2), the powers granted by § 6-2-
201(22) and (23) shall not apply to those activities, businesses, or uses of property and
business occupations and practices that are subject to regulation pursuant to title 57,

- 2 - 009581

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.
SECTION 3. Tennessee Code Annotated, Title 6, Chapter 54, Part 1, is amended by
adding the following as a new section:
Notwithstanding a law to the contrary, a municipality may authorize the
application of sludge originating from a waste water treatment or processing facility to
agricultural land located within its municipal boundaries by adopting a resolution by a
two-thirds (2/3) vote of the municipal legislative body that establishes a tipping fee on
each ton of sludge that is applied to agricultural land in the municipality. The fee must
be collected by the operator of the waste water treatment or processing facility that
generated the sludge and remitted to the municipality in which the sludge will be applied
to agricultural land. Revenue from a tipping fee established pursuant to this subdivision
(b)(2) must be expended only for the purpose of constructing and maintaining waste
water treatment or processing facilities in the municipality to which the fee is remitted.
SECTION 4. Tennessee Code Annotated, Title 7, Chapter 1, Part 1, is amended by
adding the following as a new section:
Notwithstanding a law to the contrary, a metropolitan government may authorize
the application of sludge originating from a waste water treatment or processing facility
to agricultural land located within its boundaries by adopting a resolution by a two-thirds
(2/3) vote of the governing body that establishes a tipping fee on each ton of sludge that
is applied to agricultural land in the metropolitan government. The fee must be collected
by the operator of the waste water treatment or processing facility that generated the
sludge and remitted to the metropolitan government in which the sludge will be applied
to agricultural land. Revenue from a tipping fee established pursuant to this subdivision
(b)(2) must be expended only for the purpose of constructing and maintaining waste

- 3 - 009581

water treatment or processing facilities in the metropolitan government to which the fee
is remitted.
SECTION 5. Tennessee Code Annotated, Title 69, Chapter 3, Part 1, is amended by
adding the following as a new section:
(a) No person shall apply sludge originating from a waste water treatment or
processing facility to agricultural land located in this state, unless:
(1) The land is located in jurisdiction that has approved such application
pursuant to § 5-1-118(b)(2), Section 3 of this act, or Section 4 of this act; or
(2) The person is acting pursuant to a valid permit issued pursuant to this
part.
(b) The commissioner shall not issue or renew a permit that authorizes the
permittee to apply sludge originating from a waste water treatment or processing facility
to agricultural land located in this state, unless the land is located in a jurisdiction that
has approved an application pursuant to § 5-1-118(b)(2), Section 3 of this act, or Section
4 of this act.
SECTION 6. Sections 1-4 of this act take effect upon becoming a law, the public welfare
requiring it. Section 5 of this act takes effect July 1, 2026, the public welfare requiring it.