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SB0915 • 2026

Highways, Roads and Bridges

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

Active

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

Sponsor
Bailey, Farmer
Last action
2025-04-29
Official status
Effective date(s) 04/21/2025
Effective date
Not listed

Plain English Breakdown

The candidate explanation incorrectly stated that exemptions from storm water runoff and federal Clean Water Act standards apply, which contradicts the official bill summary.

Disaster-Related Exemptions for Road Construction Borrow Pits

This bill removes certain restrictions on temporary borrow pits used in road construction projects during disaster recovery efforts in FEMA-certified counties.

What This Bill Does

  • Removes the requirement that temporary borrow pits used for a road work construction project performed in a FEMA-certified county under a contract with the state, as part of a Hurricane Helene recovery effort, must meet storm water runoff requirements and federal Clean Water Act standards.
  • Adds an expiration date of June 30, 2039, for the exemptions provided by this bill.

Who It Names or Affects

  • Road construction companies working on projects in FEMA-certified counties as part of Hurricane Helene recovery efforts.
  • The Tennessee Department of Transportation and local municipalities involved in road construction and disaster recovery.

Terms To Know

FEMA-certified county
A county included in a declaration made by the Federal Emergency Management Agency (FEMA) for a disaster that occurred between September 26, 2024, and October 3, 1924.
Borrow pit
A temporary excavation site from which material is taken to use in road construction projects.

Limits and Unknowns

  • The bill does not specify the exact number of counties that will be affected by this legislation.
  • It is unclear how many road construction companies will take advantage of these exemptions during disaster recovery efforts.

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 construction projects 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 or how these exceptions will be implemented in practice.
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 existing laws that restricts borrow pits used for road work construction during disaster recovery efforts related to Hurricane Helene.
  • Defines 'FEMA-certified county' as a county included in a declaration made between September 26 and October 3, 2024, by FEMA for a declared disaster.
  • The amendment expires on June 30, 2039, limiting its applicability to that date.
  • Details about the specific restrictions under subdivisions (b)(1)(A), (D), and (E) are not provided in the amendment text.

Bill History

  1. 2025-04-29 Tennessee General Assembly

    Effective date(s) 04/21/2025

  2. 2025-04-29 Tennessee General Assembly

    Pub. Ch. 230

  3. 2025-04-29 Tennessee General Assembly

    Comp. became 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

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

  10. 2025-04-07 Tennessee General Assembly

    Am. withdrawn. (Amendment 1 - HA0117)

  11. 2025-04-07 Tennessee General Assembly

    Subst. for comp. HB.

  12. 2025-04-07 Tennessee General Assembly

    Sponsor(s) Added.

  13. 2025-04-07 Tennessee General Assembly

    Comp. SB subst.

  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

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

  26. 2025-03-19 Tennessee General Assembly

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

  27. 2025-03-19 Tennessee General Assembly

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

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

  30. 2025-03-12 Tennessee General Assembly

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

  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

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

  34. 2025-02-12 Tennessee General Assembly

    Assigned to s/c Transportation Subcommittee

  35. 2025-02-12 Tennessee General Assembly

    P2C, ref. to Transportation Committee

  36. 2025-02-10 Tennessee General Assembly

    Introduced, Passed on First Consideration

  37. 2025-02-10 Tennessee General Assembly

    Intro., P1C.

  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 
HOUSE BILL 1129
By Farmer

SENATE BILL 915
By Bailey

SB0915
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.