Energy

Plain English Breakdown

The official source material does not provide specific details on how site assessments will impact zoning decisions beyond consistency checks with existing plans and laws.

Energy Use Facility Site Assessments

This bill requires local governments to demand site assessments for new high energy use facilities before approving zoning changes or permits.

What This Bill Does

• Requires a county, city, or other local government (called a 'locality') to ask applicants to do a site assessment when they want to build a new high energy use facility.
• The site assessment must look at how the sound from the facility will affect nearby homes and schools within 500 feet of the property.
• Localities can also ask for assessments on water, farmland, parks, historic sites, and forests near the proposed facility.
• Electric companies providing power to new high energy use facilities must give local governments a site assessment about how much electricity will be needed and where it will come from.
• The information in these assessments helps localities decide if the project fits with their plans and follows rules about noise, zoning, and other laws.

Who It Names or Affects

• Local government officials who make decisions about zoning and permits for new facilities.
• People or companies planning to build high energy use facilities that need at least 100 megawatts of power.
• Electric utilities providing service to these new facilities.

Terms To Know

High Energy Use Facility (HEUF)

A project needing at least 100 megawatts of electricity from an electric company, like a large data center.

Locality

A county, city, or other local government that makes rules about zoning and permits.

Limits and Unknowns

• The bill does not apply to expansions of existing facilities if the extra power needed is less than 100 megawatts.
• It does not change any federal, state, or local laws already in place.
• Localities can still make their own rules about zoning and permits as they did before.

Official Summary Text

SITE ASSESSMENTS

Prior to the approval of a rezoning request, special exception, or special use permit for the siting of a new
h
igh energy use facility
,
this bill requires
a county, munici
pal, or other local governing body with jurisdiction over zoning, permitting, regulations, and ordinances
(
a
"
locality
")

to
require the applicant to perform and submit a site assessment to examine the sound profile of the
h
igh energy use facility
on reside
ntial areas and schools within
500
feet of the
h
igh energy use facility
property.
Additionally, a
locality may
do the following:



R
equire that a site assessment examine the effects of the proposed
h
igh energy use facility on water, agricultural resources, parks, registered historic sites, and forestland located on the
h
igh energy use facility site or immediately contiguous land.



R
equest that permitting procedures, if any are required, and site assessments be conducted with guidance and oversight from the department of environment and conservation.

Prior to the approval of a rezoning request, special exception, or special use permit for the siting of a new
h
igh energy use facility
,
this bill requires
a locality
to
require the electric utility providing re
tail service to the new
h
igh energy use facility
to submit a site assessment to the locality describing
(i) n
ew electric generating units that will be required within the jurisdiction to serve the project;

(
ii
)
n
ew or existing substations that will be used
to serve the
h
igh energy use facility
; and

(
iii
)
t
he anticipated transmission voltage required to serve the
h
igh energy use facility
.

This bill requires site
assessments submitted to a locality
as described above to
be used by the locality to assess consistency with the policies of the locality's comprehensive plan and compliance with the locality's noise ordinances, zoning ordinances, and other applicable laws and regulations.

This bill clarifies the following:



It
does not apply to a site with existing local, legislative, or administrative approval where an applicant is seeking an expansion or modification of an already existing or approved facility, and such expansion does not exceed an additional
100
megawatts or more of electrical power.



It
does not repeal or modify the regulatory authority of any administrative agency, nor any federal, state, or local law.



It
does not repeal or modify an existing locality's authority to regulate zoning or permitting, or to issue ordinances within the locality's jurisdiction.



A "high energy use facility"
means a project requiring
100
megawatts or more of electrical power from an electric utility providing retail service to the facility, and includes a data center project requiring
100
megawatts or more of electrical power from an electric utility providing retail service to the facility
.

Current Bill Text

HOUSE BILL 946
By Brooks

SENATE BILL 962
By Lamar

SB0962
002295
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 5;
Title 6; Title 7; Title 13; Title 54; Title 65 and Title
68, relative to high energy use facilities.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 13, Chapter 7, is amended by adding
the following as a new part:
13-7-701. Definitions.
As used in this section, unless context requires otherwise:
(1) "High energy use facility" or "HEUF" means a project requiring one hundred
megawatts (100 MW) or more of electrical power from an electric utility providing retail
service to the facility, and includes a data center project requiring one hundred
megawatts (100 MW) or more of electrical power from an electric utility providing retail
service to the facility;
(2) "Locality" means a county, municipal, or other local governing body with
jurisdiction over zoning, permitting, regulations, and ordinances;
(2) "Special exception" means a use of real property that is not permitted in a
particular zoning district, except by means of a special use permit, variance, rezoning
application, or other legislative or administrative action; and
(3) "Special use permit" means a permit issued by a locality or state-level
agency that authorizes a special exception.
13-7-702. Site assessments.
(a)

- 2 - 002295

(1) Prior to the approval of a rezoning request, special exception, or special use
permit for the siting of a new HEUF, a locality must require the applicant to perform and
submit a site assessment to examine the sound profile of the HEUF on residential areas
and schools within five hundred feet (500') of the HEUF property.
(2) A locality may require that a site assessment examine the effects of the
proposed HEUF facility on water, agricultural resources, parks, registered historic sites,
and forestland located on the HEUF site or immediately contiguous land.
(3) A locality may request that permitting procedures, if any are required, and
site assessments be conducted with guidance and oversight from the department of
environment and conservation.
(b) Prior to the approval of a rezoning request, special exception, or special use permit
for the siting of a new HEUF, a locality must require the electric utility providing retail service to
the new HEUF to submit a site assessment to the locality describing:
(1) New electric generating units that will be required within the jurisdiction to
serve the project;
(2) New or existing substations that will be used to serve the HEUF; and
(3) The anticipated transmission voltage required to serve the HEUF.
(c) Site assessments submitted to a locality under subsections (a) and (b) must be used
by the locality to assess consistency with the policies of the locality's comprehensive plan and
compliance with the locality's noise ordinances, zoning ordinances, and other applicable laws
and regulations.
(d) This part does not apply to a site with existing local, legislative, or administrative
approval where an applicant is seeking an expansion or modification of an already existing or
approved facility, and such expansion does not exceed an additional one hundred megawatts
(100 MW) or more of electrical power.

- 3 - 002295

(e) This section does not repeal or modify the regulatory authority of any administrative
agency, nor any federal, state, or local law.
(f) This section does not repeal or modify an existing locality's authority to regulate
zoning or permitting, or to issue ordinances within the locality's jurisdiction.
SECTION 2. The headings in this act are for reference purposes only and do not
constitute a part of the law enacted by this act. However, the code commission is requested to
include the headings in any compilation or publication containing this act.
SECTION 3. This act takes effect upon becoming a law, the public welfare requiring it.