House Bill 2402 amends various sections of the Tennessee Code Annotated to enhance the protections and recognition of emergency utility workers and first responders during declared emergencies. A new definition for "emergency utility worker" is introduced, which includes individuals involved in the installation, maintenance, repair, or restoration of utility services during a natural emergency. The bill also establishes that emergency utility workers may access restricted areas during such emergencies, provided they present appropriate credentials. Additionally, it mandates that if a first responder from a local emergency management agency is killed in the line of duty, flags at public buildings must be flown at half-mast for at least one day.
Furthermore, the bill provides civil liability immunity to emergency utility workers and their employers for acts committed in good faith while engaged in emergency restoration activities, with certain exceptions for willful misconduct and gross negligence. Notably, the immunity does not extend to employers for the negligent acts of their emergency utility workers. The bill also clarifies that law enforcement retains the authority to restrict access for valid law enforcement purposes, ensuring a balance between emergency response efforts and public safety.
Statutes affected: Introduced: 58-2-126
Amended with SA0896, SA1001 -- 04/13/2026: 58-2-126, 58-2-101, 39-13-116(d)(1), 39-13-116
Amended with SA0896, SA1001, HA1105 -- 04/22/2026: 58-2-126, 58-2-101, 39-13-116(d)(1), 39-13-116