Present law generally reserves to the state the power to regulate agricultural activities. This bill authorizes counties, municipalities, and metropolitan governments to authorize the application of sludge originating from a waste water treatment or processing facility to agricultural land located within their respective boundaries by adopting a resolution by a two-thirds vote of the applicable legislative body that establishes a tipping fee on each ton of sludge that is applied to agricultural land in the jurisdiction. The fee must be collected by the operator of the waste water treatment or processing facility that generated the sludge and remitted to the local government in which the sludge will be applied to agricultural land. Revenue from a tipping fee established pursuant to this bill must be expended only for the purpose of constructing and maintaining waste water treatment or processing facilities in the jurisdiction to which the fee is remitted. Effective July 1, 2026, this bill prohibits any person from applying sludge originating from a waste water treatment or processing facility to agricultural land located in this state, unless: (1) The land is located in the jurisdiction of a county, municipality, or metropolitan government that has approved such application pursuant to this bill; or (2) The person is acting pursuant to a valid discharge permit. Effective July 1, 2026, this bill prohibits the commissioner of TDEC from issuing or renewing a permit that authorizes the permittee to apply sludge originating from a waste water treatment or processing facility to agricultural land located in this state, unless the land is located in a jurisdiction that has approved an application pursuant to this bill. Except as otherwise noted in this bill summary, this bill takes effect upon becoming a law.

Statutes affected:
Introduced: 5-1-118(b), 5-1-118, 5-1-118(c)(2)