Tennessee Senate Bill SB1263

Tennessee 2025-2026 Regular Session

• Introduced: 2/6/25

Caption

AN ACT to amend Tennessee Code Annotated, Title 5; Title 68, Chapter 211; Title 68, Chapter 221 and Title 69, relative to solid waste.

Summary

SB1263 amends Tennessee law to create a narrow, population-specific exception allowing one county to regulate the land application of biosolids through its own legislative body. The bill modifies county home-rule and environmental permitting provisions so that, in a county with a 2020 census population between 13,500 and 13,550, the usual state preemption over biosolids-related land application does not apply. In practical terms, the county identified by that population range would be able to prohibit or regulate biosolids spreading on land within its jurisdiction. The bill also revises related county authority provisions in Title 5 and environmental permitting language in Title 69 to carve out this same county from general state regulation of biosolids. Outside that county-specific exception, the bill leaves in place the broader rule that counties may not regulate normal agricultural activities and that state law continues to govern the relevant environmental and waste-management activities. The act takes effect immediately upon becoming law.

Impact

The bill would alter Tennessee Code Annotated provisions governing county powers and environmental permitting by creating a special local exception for biosolids land application. It effectively shifts regulatory authority from the state to the county legislative body for one narrowly defined county, while leaving the statewide framework intact for other counties and for other agricultural and waste-related activities. The affected statutes include county authority provisions in Title 5 and biosolids permitting provisions in Title 69, with implications for farmers, waste haulers, wastewater treatment operators, landowners, and county regulators.

Sentiment

The available vote history suggests the bill was generally supported in committee, passing the Senate Energy, Agriculture and Natural Resources Committee by a 7-1 vote and being recommended for passage. No committee transcript is available, but the strong committee vote indicates a favorable overall reception. The bill’s narrow, county-specific structure suggests it was likely viewed as a targeted local control measure rather than a broad statewide policy change.

Contention

The main point of contention is the bill’s carve-out from statewide preemption: it allows one county to regulate biosolids land application even though counties generally may not regulate normal agricultural activities or activities otherwise governed by state environmental law. Supporters likely favor local control and the ability of the county legislative body to address community concerns about biosolids, while opponents may view the measure as an exception that creates uneven treatment among counties and could complicate statewide environmental permitting and agricultural operations. The 7-1 committee vote indicates some disagreement, but not broad opposition.