§ 68-203-101 — Establishment of fund - Sources of deposits - Accounting - Interest - Investment - Appropriations

(a) There is established within the general fund a special agency account to be known as the Tennessee environmental protection fund, hereinafter referred to in this chapter as the "fund." (b) (1) Notwithstanding any law to the contrary, there shall be deposited in the fund all fees, civil penalties and damages collected pursuant to the following statutes: (A) Chapter 221, part 4 of this title, relative to subsurface sewage disposal; (B) The Tennessee Safe Drinking Water Act of 1983, compiled in chapter 221, part 7 of this title; (C) The Water Environmental Health Act, compiled in chapter 221, part 9 of this title; (D) The Wastewater Facilities Act of 1987, compiled in chapter 221, part 10 of this title; (E) The Radiological Health Service Act, compiled in chapter 202, part 2 of this title; (F) The Medical Radiation Inspection Safety Act, compiled in chapter 202, part 5 of this title; (G) The Tennessee Air Quality Act, compiled in chapter 201, part 1 of this title; (H) The Tennessee Solid Waste Disposal Act, compiled in chapter 211, part 1 of this title; (I) The Tennessee Hazardous Waste Management Act, compiled in chapter 212, part 1 of this title; (J) The Water Quality Control Act of 1977, compiled in title 69, chapter 3; (K) Title 69, chapter 10, relative to water wells; (L) The Safe Dams Act of 1973, compiled in title 69, chapter 11; (M) Production of oil and gas, title 60, chapter 1, parts 1, 2, and 5; and (N) Section 11-1-101 relative to those fees charged by the commissioner other than ones related to parks. (2) The commissioner of environment and conservation shall maintain separate accounts for moneys collected and expended by each division of the department of environment and conservation in administering the statutes listed in subdivision (b)(1). (c) Any unencumbered moneys and any unexpended balance of the fund remaining at the end of any fiscal year shall not revert to the general fund, but shall be carried forward and maintained in separate accounts until expended in accordance with this part. (d) Interest accruing on investments and deposits of the fund shall be returned to the fund and remain a part of the fund, allocated proportionately to each separate account. (e) Moneys in the fund shall be invested by the state treasurer for the benefit of the fund pursuant to § 9-4-603 . The fund shall be administered by the commissioner. (f) Moneys in the fund may be expended only in accordance with annual appropriations approved by the general assembly.

Legislative History

Amended by 2016 Tenn. Acts, ch. 741, s 1, eff. 4/7/2016. Acts 1991, ch. 417, § 1; T.C.A., § 68-1-1301; Acts 2007 , ch. 362, § 14; 2009 , ch. 531, § 1.