The second half of the 106th Legislative Session is off and running! There are some really good bills, some not-so-good bills and some downright stinkers - mostly left over from last year. To see some positive legislation, click here.
 
 
Watch Senate and House Committee Meetings live at: http://wapp.capitol.tn.gov/apps/schedule/.
 
These Bills:

• Don't do anything to clarify existing laws or processes – they change the law.
• Blatantly strip protection away from our waters.
• Grant permission to pollute our waters without justification.
• These bills just give up on cleaning waters that are already polluted.

 
Newly introduced:
 
SB3479 (Jackson)/HB3630 (Fincher) – Prevents nuisance and regulatory actions against activities in existence for at least 7 years – Broadly exempts activities from legal responsibility and removes Tennesseans from nuisance protection.
 
SB3620 (Yager)/HB3482 (Ferguson) – Removes money collected from penalties and damages from Environmental Protection Fund – Places the financial burden of protecting against pollution on the citizens rather than the polluters.
 
Left over from last year:
 
SB1331 (Yager) / HB1204 (McCord) – This bill also started out much worse than its current amended form. As amended it requires state water quality criterion for selenium to match a proposed draft standard put out for scientific review by EPA in 2004. This criterion is highly ineffective in protecting our water quality and not even fully scientifically based.
 
UPDATE: RUMOR HAS IT THAT THIS BILL WILL NOT MOVE.
 
SB0198 (Bunch) / HB0425 (Bell) – Requires legislature to approve all rules and prevents the creation of emergency or public necessity rules.
 
SB0631 (Southerland) / HB1616 (McCord) – As amended: Removes the burden of proving an economic and social need for projects when the project is publicly funded.
 
SB2154 (Finney) / HB2154 (McCord) (Nuisance bill) is scheduled in the House Civil Practice and Procedure Sub-committee on 4/7/2009. This bill would exempt permit holders from being held accountable when they damage neighboring properties.

 
SB0633 (Southerland) / HB1617 (McCord) – Creates definition of "limited resource waters" as those not attaining their designated uses due to natural occurrences or modifications and exempts them and wet weather conveyances from the definition of "waters."

• Strips protection away from our waters and could destroy approximately 30,000 miles of streams- that's almost HALF the streams in Tennessee.
• Gives up on protecting those impaired from previous activities.
• Critical threat to smaller waterbodies.

SB0634 (Southerland) / HB0973 (McCord) – Prevents the prompting of enforcement inspections from anonymous communication and requires stream determination when a complaint is based upon discharging without a permit into an unnamed stream.

• Takes protection away from whistleblowers.
• Prevents the public from voicing their concerns and being protected at the same time.
• Increases burden on the Tennessee Department of Environment and Conservation, our state regulatory agency.

 
SB1738 (Ramsey) / HB2009 (Mumpower) – Provides those with permits allowing for a water withdrawal do not have to re-apply when there is a modification to their hours of withdrawal in their permit, but only request the modification form TDEC with an explanation of why the revision is necessary.

• More hours for them, less water for us.
• Provides private companies the opportunity to remove more water from our streams without public involvement. Often that withdrawal is a permanent water loss to our state.

 
SB1112 (Overbey) / HB1622 (McCord) – Requires air and water quality rules be consistent with and not exceed the requirements of federal statutes. Provides if there are no federal statutes the state can create those regulations if necessary to protect health, welfare, or the environment. Prevents any permit from having requirements which are not the direct basis of existing rule.

• Prevents Tennessee from protecting its unique resources when the federal government doesn't.
• States' rights: Why let the federal government determine what is best for our state?
• Limits Tennesseans from making its own choices.

 
SB1207 (Woodson) / HB1205 (McCord) –1) Requires WQCB to hear and decide on permit appeal hearings within 90 days of receipt of petition; 2) provides the WQCB can deem an appeal frivolous and award fees and expenses incurred as a result of the appeal to the applicant; 3) states if a declaratory order is not heard by the WQCB within 90 days it is a refusal to hear the case.

• Denies the opportunity for hearings to be held in front of the WQCB if delayed.
• Bias towards permit applicants as the only partly eligible for incurring costs.
• Worded to assume applicant is not also appellant.

 
SB1335 (Yager) / HB0941 (Ferguson) - Requires department to give a public or private utility or municipality at least 24 hours notice prior to conducting an inspection, site visit, records review, sampling event, or other regulatory action – Provides opportunity for sewage treatment plants to cover up problems.