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~tate of \!Cennessee
PUBLIC CHAPTER NO. 507
HOUSE BILL NO. 894
By Representative Todd
Substituted for: Senate Bill No. 720
By Senators Hatcher, Jackson
AN ACT to amend Tennessee Code Annotated, Title 4 and Title 69, relative to the board
of ground water management.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 69-10-107, is amended by deleting
subsections (a)-(c) and substituting:
(a)
(1) Effective July 1, 2025, the board is vacated and reconstituted in
accordance with this subsection (a).
(2) In order to advise and assist the commissioner in the preparation of
rules, there is created and established an advisory board to be known as the
board of ground water management, consisting of five (5) members. The
members include:
(A) The commIssIoner of the department of environment and
conservation or the commissioner's designee;
(B) The director of water resources or the director's designee; and
(C) Three (3) persons who are licensed as both water well drillers
and pump installers in this state, with one (1) such person being a
resident of the western grand division of the state, one (1) being a
resident of the middle grand division of the state, and one (1) being a
resident of the eastern grand division of the state.
(3) The persons appointed under subdivisions (a)(2)(A) and (8) are ex
officio non-voting members of the board.
(4)
(A) Of the three (3) persons appointed under subdivision (a)(2)(C),
the member appointed from the:
(i) Western grand division is appointed by the speaker of
the house of representatives and serves an initial term of one (1)
year;
(ii) Middle grand division is appointed by the governor and
serves an initial term of two (2) years; and
(iii) Eastern grand division is appointed by the speaker of
the senate and serves an initial term of three (3) years.
(B) Except as provided in subdivision (a)(4)(A), board members
serve for three-year terms that begin on July 1 and expire on June 30 of
the appropriate years.
HB894
(C) Upon the expiration of the terms of board members appointed
under subdivision (a)(2)(C), successors shall be appointed in the same
manner as the original appointments.
(5) The persons appointed under subdivision (a)(2)(C) must be actively
engaged in well drilling in this state for at least five (5) consecutive years
preceding their appointment.
(6) Excluding the service of initial terms under subdivision (a)(4)(A),
persons who are appointed to the board shall serve no more than two (2)
consecutive terms.
(7) Members serving on the board as of June 30, 2025, may be
reappointed as members in accordance with this subsection (a).
(b)
(1) In addition to the appointment of board members under subdivision
(a)(2), there are three (3) alternate members to serve as replacements for such
board members should a vacancy occur on the board for any reason. An
alternate member may participate in a board meeting as a replacement for the
appointed member from the same grand division in which the alternate member
resides if the appointed member is unable to attend the meeting. The appointed
member shall give reasonable notice of the meeting time and location to the
alternate member.
(2) The alternate members must meet all the qualifications as board
members appointed under subdivision (a)(2), but assume no authority under this
section unless and until they are designated to replace an appointed member.
(3) Persons appointed as alternate members shall serve terms that run
commensurate with the terms of the members to whom they serve as alternates.
(4) Any vacancy of an alternate member, which may occur from any
cause, must be filled by appointment for the unexpired term in the same manner
as the original appointment, and the dates of tenure of office as provided in
subsection (b) must be maintained.
(c) The commissioner shall serve as chair, and the director of water resources
shall serve as secretary of the board, which shall meet at least once quarterly. At each
quarterly meeting, the board shall determine and set the date, time, and place of the
next meeting. A quorum consists of two (2) members of the board. The board members
must be reimbursed for travel expenses in accordance with the comprehensive travel
regulations as promulgated by the department of finance and administration and
approved by the attorney general and reporter.
SECTION 2. Tennessee Code Annotated, Section 69-10-107, is amended by deleting
subsection (e) and substituting:
(e)
(1) Prior to the issuance of a well driller's license or an installer's license,
the board of ground water management shall:
(A) Review the applications for such licenses;
(8) Administer the approved licensure test, including an interview
of the applicant without other applicants present; and
(C) Make a recommendation to the commissioner either for or
against the issuance of a license to the applicant.
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HB894
(2) The board shall promulgate rules, in accordance with the Uniform
Administrative Procedures Act, compiled in title 4, chapter 5, to specify the
criteria to be used by the board in making such recommendations.
SECTION 3. Tennessee Code Annotated, Section 69-10-107, is amended by adding the
following as new subsections:
(f) The board shall review all complaints and violations of adopted rules and
make recommendations to the commissioner for remedies to the complaints and
violations. The department shall convey a complete list of complaints and violations to
board members and alternate members at least quarterly. Recommended remedies
must be made at the next appropriate board meeting.
(g) The board shall review all continuing education classes and programs and
make recommendations to the commissioner for the issuance of the same, and shall
approve continuing education points.
SECTION 4. Tennessee Code Annotated, Section 4-29-246(a), is amended by deleting
subdivision (6).
SECTION 5. Tennessee Code Annotated, Section 4-29-248(a), is amended by inserting
the following as a new subdivision:
( ) Board of ground water management, created by§ 69-10-107;
SECTION 6. This act takes effect July 1, 2025, the public welfare requiring it.
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HOUSE BILL NO. 894
PASSED: April 22, 2025
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CAMERON SEXTON, SPEAKER
HOUSE OF REPRESENTATIVES
52.c .~... M.~.~l'-
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RANDY MC
SPEAKER OF THE SENATE
YY\c,, APPROVED this ;;l;/~ day of ~,a 2025
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