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HOUSE BILL 1174
By Williams
SENATE BILL 796
By Bailey
SB0796
002521
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AN ACT to amend Tennessee Code Annotated, Title 4 and
Title 69, Chapter 3, relative to the Tennessee
board of water quality, oil and gas.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 69-3-104(a), is amended by deleting
the subsection and substituting:
(a)
(1) There is created and established the Tennessee board of water
quality, oil and gas, referred to as the "board" in this part, to be composed of
twelve (12) members.
(2) Effective July 1, 2025, the existing membership of the Tennessee
board of water quality, oil and gas is vacated and reconstituted, with the following
new members to be appointed:
(A) The commissioner of environment and conservation, who is
the chair of the board;
(B) The commissioner of health;
(C) The commissioner of agriculture; and
(D) Nine (9) citizen members, each appointed by the governor for
terms of four (4) years.
(3) Each ex officio member may, by official order filed with the director,
designate a representative from such member's staff who has the powers and
are subject to the duties and responsibilities of the ex officio member designating
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the representative, except that the representative designated by the
commissioner of environment and conservation shall not serve as chair.
(4) The board shall annually elect a vice chair from among its members,
who shall preside over all meetings at which the chair is not present.
(5)
(A) The citizen members of the board must be appointed as
follows:
(i) One (1) of the nine (9) citizen members must be from
the public-at-large. The public member's occupation must not be
in the same primary area of interest as any other citizen member
of the board;
(ii) One (1) member must represent environmental
interests and may be appointed from lists of qualified persons
submitted by interested conservation groups, including, but not
limited to, the Tennessee conservation league;
(iii) One (1) member must represent counties and may be
appointed from lists of qualified persons submitted by interested
county services groups, including, but not limited to, the County
Services Association;
(iv) One (1) member must represent agricultural interests
and may be appointed from lists of qualified persons submitted by
interested farm business groups, including, but not limited to, the
Tennessee Farm Bureau;
(v) One (1) member must represent the municipalities of
the state and may be appointed from lists of qualified persons
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submitted by interested municipal groups, including, but not
limited to, the Tennessee Municipal League;
(vi) One (1) member must represent small generators of
water pollution and may be appointed from lists of qualified
persons submitted by interested automotive groups, including, but
not limited to, the Tennessee Automotive Association;
(vii) One (1) member must represent manufacturing
industries and have current full-time employment with a
manufacturing concern in this state, must hold a college degree in
engineering or the equivalent, and must have at least eight (8)
years of combined technical training and experience in national
pollutant discharge elimination system (NPDES) permit
compliance and management of wastewater or water treatment
facilities, and may be appointed from lists of qualified persons
submitted by interested business groups, including, but not limited
to, the Tennessee Chamber of Commerce and Industry;
(viii) One (1) member must represent the oil and gas
industry; and
(ix) One (1) member must represent oil or gas property
owners.
(B) The governor shall consult with the interested groups
described in subdivision (a)(5)(A) to determine qualified persons to fill the
citizen member positions on the board.
(6) Each appointive member must be a resident and domiciliary of this
state.
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(7) A member must not be appointed, unless at the time of the member's
appointment, the member or the member's employer is in compliance with this
part as certified by the commissioner.
(8) The three (3) ex officio members shall hold their positions on the
board throughout their respective terms and until the appointment of their
successors as such.
(9) All appointments of citizen members are for a full four-year term.
(10) The governor shall remove from the board any appointive member
who is absent from three (3) consecutive, regularly scheduled meetings.
(11) Upon the death, resignation, or removal of any appointive member,
the governor shall appoint some person representing the same area of interest
as the member whose position has been vacated to fill the unexpired term of
such member.
(12) Appointive members continue to serve until a successor has been
appointed.
(13) In making appointments to the board, the governor shall strive to
ensure that the makeup of the board reflect and represent the diversity of
persons in this state.
(14)
(A) Notwithstanding subdivision (a)(9), the initial terms of the
appointed members of the board terminate as follows:
(i) The terms of the members appointed under
subdivisions (a)(5)(A)(i), (ii), and (iii) terminate on June 30, 2027;
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(ii) The terms of the members appointed under
subdivisions (a)(5)(A)(iv), (v), and (vi) terminate on June 30, 2028;
and
(iii) The terms of the members appointed under
subdivisions (a)(5)(A)(vii), (viii) and (ix) terminate on June 30,
2029.
(B) Following the expiration of members' initial terms as
prescribed in subdivision (a)(14)(A), all appointments to the council are
for terms of four (4) years and begin on July 1 and terminate on June 30,
four (4) years thereafter.
SECTION 2. Tennessee Code Annotated, Section 69-3-104(b)(5), is amended by
deleting "seven (7)" and substituting "nine (9)".
SECTION 3. For the purpose of making appointments, this act takes effect upon
becoming a law, the public welfare requiring it. Section 2 of this act takes effect upon becoming
a law, the public welfare requiring it. For all other purposes, this act takes effect July 1, 2025,
the public welfare requiring it.