§ 5-6-120 — Transfer of duties to water and wastewater treatment authorities

Tennessee § 5-6-120

• Jurisdiction: Tennessee
• Title: 5

Text

(a) (1) The duties of the county mayor in regard to any petition filed pursuant to title 7, chapter 82, are transferred to the water and wastewater treatment authority board under title 68, chapter 221, part 6 in any county that has created such authority. The preceding sentence does not apply to any petition by any governmental entity or state instrumentality that does not purport to adjust or otherwise modify any territory included in the service area of a water and wastewater treatment authority. Such petitions may be granted if the board determines in its sole discretion that the public convenience and necessity require the same. The general assembly enacts this section as a statement of its intent that this section is a clarification of title 68, chapter 221, part 6. From and after the creation of a water and wastewater treatment authority and the establishment of its service area, the authority shall be the sole and exclusive provider of its authorized services in its service area. The designated service area for any particular function or service shall not include any area located within the boundaries of another governmental entity providing the same function or service on the date the service area is established. Different service areas may be established for different functions or services. The authority may cede all or any portion of its functions or service area to another governmental entity upon the board determining in its sole discretion that the public convenience and necessity require the same. (2) Notwithstanding any law to the contrary, the transfer of duties as provided in subdivision (a)(1) do not apply to a county which: (A) Is served by a water and wastewater treatment authority that does not provide water service; (B) Has its water provided by more than five (5) utility districts; and (C) Has, under state law, had its county mayor hear petitions of utility districts. (b) The authority granted in this section shall prevail over any other law to the contrary for all water and wastewater service providers proposing to provide such services in the service area of the authority. Any city proposing to provide such services in the service area of the authority shall have authorization to do so only by filing a petition in the manner established by this section and receiving a cession by the authority. (c) Notwithstanding a county water and wastewater system treatment authority's exclusive right to furnish services in the service area that it so designates as described in subsection (a), a county water and wastewater system treatment authority may enter into an agreement with a municipal water system, a water utility district, an investor-owned water utility, a county water system, or a county water authority to permit that other entity to operate within its service area. A county water and wastewater system treatment authority shall establish a method by which the authority's ratepayers may petition the authority to consider entering into an agreement pursuant to this subsection (c).

Legislative History

Amended by 2022 Tenn. Acts, ch. 889, s 5, eff. 4/14/2022. Amended by 2018 Tenn. Acts, ch. 811, s 1, eff. 4/24/2018. Acts 1988, ch. 981, § 2; 1989, ch. 580, § 1; 1995, ch. 77, § 1; 2003 , ch. 90, § 2.