Tennessee Senate Bill SB1750

Tennessee 2025-2026 Regular Session

• Introduced: 1/16/26
• Failed: 3/11/26

Caption

AN ACT to amend Tennessee Code Annotated, Title 4; Title 68, Chapter 221 and Title 69, relative to drinking water.

Summary

SB1750 would limit the Tennessee Department of Environment and Conservation’s ability to block a utility from pumping or otherwise withdrawing water from natural waters for the purpose of providing drinking water. The bill defines “utility” broadly to include public drinking water providers owned or operated by local governments, as well as entities regulated by the Tennessee board of utility regulation, and it expressly includes public water systems. Under the bill, the department generally could not prohibit such water withdrawals, including as a condition of permit renewal. The main exception is when a prohibition is necessary to comply with federal law, including the federal Safe Drinking Water Act, the federal Water Pollution Control Act, or the federal Endangered Species Act. If the department does impose a prohibition under that federal-law exception, it must give the utility written notice explaining the basis and citing the specific federal law involved. A utility that believes the department acted outside those limits may file a complaint with the board. The act would take effect July 1, 2026, and apply only to actions taken on or after that date.

Impact

The bill would amend Tennessee law governing drinking water regulation by restricting state agency discretion over water-withdrawal decisions for utilities. It would add a new section to Title 68, Chapter 221, Part 7, and create a complaint process for utilities to challenge department actions that exceed the bill’s limits. The measure would affect local government-owned water utilities, public water systems, and other regulated drinking water providers, while preserving state authority when federal law requires a restriction.

Sentiment

The available voting history suggests the bill faced opposition in committee and did not advance, failing in the Senate Energy, Agriculture and Natural Resources Committee by a 2-5 vote. With no transcript excerpts provided, the record indicates a generally unfavorable outcome in committee rather than broad legislative support. The bill’s structure suggests it was intended to protect utility access to water sources, but the committee result shows that a majority of members were not persuaded.

Contention

The main point of contention is the balance between protecting drinking water utilities’ access to natural water sources and preserving state environmental regulatory authority. Supporters would likely view the bill as preventing the department from overreaching or using permit authority to block water supplies, while opponents may have been concerned that it would weaken environmental oversight or limit the department’s ability to manage water withdrawals. The federal-law carveout appears designed to address compliance concerns, but the committee vote indicates disagreement over whether the bill still unduly constrained state regulation.