Safety

Plain English Breakdown

The bill summary and text do not provide details on how existing storm drains will be retrofitted or the costs involved.

Storm Drain Safety Act

This bill requires new storm drains and culverts installed after July 1, 2026, to have safety covers if they pose a risk of bodily entry by a child.

What This Bill Does

• Requires all newly installed storm drains and culverts constructed after July 1, 2026, to be equipped with safety covers or grates if the opening is large enough that a child could reasonably fall into or become trapped within the structure.
• Defines an opening as needing a cover if it exceeds 12 inches in diameter or width or poses a risk of bodily entry by a child.
• Specifies that safety covers must be made of durable material, secure against unauthorized removal, and designed to prevent accidental entry while allowing proper drainage.
• Requires all contracts for public works involving stormwater infrastructure to include provisions ensuring compliance with these requirements.
• Allows withholding payment from contractors who fail to install the required safety covers.

Who It Names or Affects

• State agencies
• Municipalities and county governments
• Contractors working on public infrastructure projects

Terms To Know

Safety cover

A protective barrier placed over storm drains to prevent children from falling in or getting stuck.

Culvert

A pipe or tunnel that allows water to flow under a road, railway, or embankment.

Limits and Unknowns

• The bill does not specify the exact cost of implementing these safety measures.
• It is unclear how existing storm drains will be retrofitted to meet these new requirements.

Official Summary Text

This bill requires all
newly installed storm drains and culverts constructed after July 1, 2026,
to
be equipped with a safety cover or grate if the opening is large enough that a child could reasonably fall into or become trapped within the structure.

For purposes of this
bill
, a storm drain opening is deemed large enough to require a safety cover if
(i) t
he opening exceeds
12
inches in diameter or width or
(ii
)
t
he opening is otherwise accessible and poses a risk of bodily entry by a child.

Safety cover
s or grates must
meet all of the following criteria:



Constructed of durable material capable of withstanding expected water flow and debris
.


Secured to prevent unauthorized removal
.


Designed to prevent accidental entry while allowing for proper drainage.

This bill
applies to all public infrastructure projects funded or approved by a state agency, municipality, metropolitan government, or county government.

CONTRACT FOR PUBLIC WORKS INVOLVING STORMWATER INFRASTRUCTURE

This bill requires all
contracts for public works involving stormwater infrastructure
to
include provisions requiring compliance with
the requirements above.
If a contractor fails to install safety covers as
so
prescribed, then any party who contracts with the contractor for the installation of the covers may withhold payment and seek corrective action and other penalties as provided by contract or by law.

RULEMAKING

This bill requires t
he department of environment and conservation
to
promulgate rules to implement this bill, including specifications for approved safety covers and inspection protocols.

Current Bill Text

SENATE BILL 2479
By Bowling

HOUSE BILL 2132
By Bricken
HB2132
012458
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 12
and Title 68, relative to storm drain safety.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 68, Chapter 221, Part 1, is amended by
adding the following new section:
68-221-109.
(a) All newly installed storm drains and culverts constructed after July 1, 2026,
must be equipped with a safety cover or grate if the opening is large enough that a child
could reasonably fall into or become trapped within the structure.
(b) For purposes of this section, a storm drain opening is deemed large enough
to require a safety cover if:
(1) The opening exceeds twelve inches (12") in diameter or width; or
(2) The opening is otherwise accessible and poses a risk of bodily entry
by a child.
(c) Safety covers or grates must be:
(1) Constructed of durable material capable of withstanding expected
water flow and debris;
(2) Secured to prevent unauthorized removal; and
(3) Designed to prevent accidental entry while allowing for proper
drainage.
(d) This section applies to all public infrastructure projects funded or approved
by a state agency, municipality, metropolitan government, or county government.

- 2 - 012458

(e) The department shall promulgate rules to implement this section, including
specifications for approved safety covers and inspection protocols.
SECTION 2. Tennessee Code Annotated, Title 12, Chapter 4, Part 1, is amended by
adding the following new section:
(a) All contracts for public works involving stormwater infrastructure must include
provisions requiring compliance with § 68-221-109.
(b) If a contractor fails to install safety covers as prescribed in § 68-221-109,
then any party who contracts with the contractor for the installation of the covers may
withhold payment and seek corrective action and other penalties as provided by contract
or by law.
SECTION 3. This act takes effect July 1, 2026, the public welfare requiring it.