Amends TCA Title 64, Chapter 1, Part 6.

This bill makes changes to the law regarding the Tennessee Duck River development agency as described below.<br /> <br /> Present law establishes the Tennessee Duck River development agency for the purpose of developing and effectuating plans and programs for comprehensive development, including the control and development of the water resources of those portions of the Upper Duck River watershed lying in Coffee, Bedford, Hickman, Marshall and Maury counties, and integrating plans, programs and development activities with the overall economic development of the area described.<br /> <br /> Present law provides that a county or municipality in the Duck River basin, or a governmental entity from which flows a tributary stream of the Duck River or a county adjoining the Duck River basin may, upon a two-thirds majority vote of its governing body, elect to become an additional sponsoring and participating governmental entity in the Tennessee Duck River development agency. Upon an affirmative action to become a sponsoring and participating governmental entity, the appropriate officer of such governmental entity must notify the agency's offices and the current agency chair of such action.<br /> <br /> This bill deletes the provisions regarding the manner in which a county, municipality, or governmental entity may become a sponsoring and participating entity in the agency through the actions mentioned above and instead provides that each county, municipality, and other governmental agency, in addition to a commercial and industrial customer, that withdraws water from the Duck River basin that requires an aquatic resource alterations permit (ARAP) from this state is a sponsoring and participating entity.<br /> <br /> Present law describes the powers, duties, and functions of the agency, including, but not limited to, general powers, formulation and execution of development plans, land acquisition powers, and management and operation powers. However, present law prohibits the agency from exercising broad governmental controls or police powers to regulate land use, planning, zoning, subdivision regulations, building codes, or similar powers to regulate land use.<br /> <br /> This bill adds to the powers, duties, and functions listed in present law the ability of the agency to set, using recommendations from the Duck River agency technical advisory committee, a per thousand-gallon fee to charge participating entities for water withdrawals. The fee must be set at a rate sufficient to cover the administrative costs to run the agency, the costs of agency programs and regional water supply projects, and any other needs the agency deems necessary to accomplish its mission. This bill requires the agency to review the fee amount set on a periodic basis and adjust it in accordance with certain requirements. The participating entities must deposit the funds owed into a trust designated by the agency in a manner and on a schedule determined by the agency. <br /> <br /> Present law provides that the counties of Coffee, Bedford, Marshall and Maury, and the towns and incorporated municipalities in such counties, and other governmental entities electing to become a sponsoring and participating governmental entity, are authorized to do the following:<br /> <br /> (1) Contribute to the work of the agency any amount or amounts of money that their respective governing bodies, acting in their sole discretion, approve to be paid from the general fund of the respective county or city. County legislative bodies and governing bodies of such cities or towns are empowered to levy and collect ad valorem taxes for such purposes, which are declared to be for municipal and county public purposes; and<br /> <br /> (2) Issue their bonds to obtain funds for the financing of public works by the agency or to secure advances made by federal agencies for the construction of public works in the Upper Duck River pursuant to cooperative agreements with the agency.<br /> <br /> This bill would remove the reference to Coffee, Bedford, Marshall, and Maury counties, and their towns and incorporated municipalities, specifically and instead provide that a county, municipality, or other governmental agency that withdraws water from the Duck River basin that requires an aquatic resource alterations permit (ARAP) from this state has such authority described in (1) and (2) above.<br />