Tennessee House of Representatives 112th House Agriculture Committee, 7 Apr 2021

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From YouTube: House Agriculture and Natural Resources Committee - April 7, 2021 - House Hearing Room 3

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House Agriculture and Natural Resources Committee - April 7, 2021 - House Hearing Room 3

A

Good afternoon, ladies and gentlemen, it is two o'clock on wednesday afternoon. This is a meeting of the house, agriculture, natural resources committee. We are now in session clerk call the roll.

B

Representatives cochran cooper, darby, dodgett, hardaway halsey, hurt potts, reedy, rudder, shaw, todd, travis wright, vice chairman grills, here, chairman halford here, mr chairman evacuorm.

A

Thank you, mr clerk. Anyone with personal orders anything they want to bring up today, seeing none. We will move on into our calendar representative powers. You are recognized on house bill, 9-0 a motion in a second. I believe we have an amendment.

C

Yes, we do. Thank you.

A

49-23 is what I have dennis.

C

Sorry I had the wrong number over here.

C

Yes, forty nine twenty four.

A

Nine. Thank you three. I hear a motion in a second on the amendment. Have a motion in a second on the amendment. You may proceed, sir.

C

All right, thank you, mr chairman. Thank you committee. um This is the surface coal mining um primacy act a couple of years ago. Actually in 2018 I sponsored that that act and what it is presently the office of surface mining and enforcement regulates surface mining in tennessee.

C

Only 23 states uh of the 23 states that have coal mining tennessee's, the only one without a state regulated program in 20 and in 2018. As I was talking before, the directed the governor pursued state oversight of surface mining control and reclamation act, frequently referred to as primacy. The general assembly voted to adopt the act now published in public chapter 839., so the 2018 act laid the foundation for the state to obtain primacy and move us toward establishing a state rather than a federal surface coal mining program.

C

Since that time, however, the administration saw informal review of the 2018 act from osman, and the feedback is clear. Changes must be made in order for tendency to receive primacy so to receive primacy. The office of surface mining reclamation enforcement must determine in their discretion that our program is at least as stringent as the federal law and that the state has the financial stability to capability to administer and operate the program to advance the goal of the 2018 act.

C

This bill will incorporate the feedback received from osmre by aligning the program more closely with the federal they call it smackra statute.

C

The this alignment is most efficient and expedient path to the best position, tendency to receive approval of and maintain a state surface coal mining program, and with that, mr chairman, I'll, be glad to answer any questions. And I renew my motion.

A

Questions for chairman powers, representative halsey, thank.

D

You is that what the amendment says that we're aligning with with the federal government's.

C

Mission, yes, uh that and that that was the whole purpose of it to get get an alignment with that and and make sure that we were going by their regulations and and t deck has been working on this for a long time to make sure that representative halsey.

A

Others with quest for the sponsor on the amendment representative, grills thank.

E

A

E

Chairman chairman powers, you said that the state could do this, but they they had to be as astringent as the ep or the federal government specific, not necessarily super specifically. But what are we going to do? That's going to be more uh stringent or uh on the uh miners than the epa would or the federal government would. Okay, representative powers.

C

Yeah uh yeah and actually what I would what I meant to say and I'm not sure if I've made that we're supposed to be at least as stringent as federal laws. So we have to come up at least the minimum amount of their guidelines that they have. If we have anything that, if we're looking at federal versus state, we have to be at least as stringent as the federal law is, if the state guidelines are lower than that.

C

There's a lot of things that I and I've got the department here. If you need to be more specific on a particular item that we need to go over.

E

There's an agreement- I don't know, thank you chairman. I don't know if that's necessary, I just want to be careful to make sure that the state does not put more burdens on minors than the federal government, because we all know that the federal government likes to get as hard on people as they possibly can, and I want to do everything we can to have as much industry and be as welcome in tennessee as we possibly can. So. Thank you for this, and obviously tennessee can do a better job of running anything than the federal government.

E

It's definitely a step in the right direction. That's right! Anyone.

A

Else, thank you. Seeing none we'll be voting to add the amendment to house bill. 9-0 all in favor will say aye all opposed, say. No. The amendment goes on the bill. We are back on the bill as amended representative powers. Do you have.

C

No, I just just that. We've been working on this for several years and and working with tdec and the federal government office osm office of surface mining, and we we think, we've got it now. We've we've got everything together with them, and so we look forward to state of tennessee regulating its own coal mining industry and we have some people that are looking to come to our state and we want to welcome here and, and we it'll create some jobs and for our state. So with that I'll renew my motion.

A

Questions for representative powers on the bill as amended, seeing none without objection representing the hard way did you have to be recognized. Yes, sir.

F

uh Real briefly, uh have you had any input or response from the advocacy groups for environmental and conservation issues like sierra club.

A

Cindy powers.

C

We, you know we did earlier and- and I think we uh through and before we had the subcommittee I haven't had anything lately but uh originally and and when I did the bill back in 2018, we had some issues with them, uh but we were able to work all that out. I don't think they'll ever gonna be good with the coal mining thing, but what we're doing with with the reclamation we have the technology.

C

Now we can go into an old coal mine like a strip mine and they have the technology to go in and get coal out and then reclaim it because it was never reclaimed until the 1972 act. So it's actually environmentally it's going to be better. It's going to clean up if you've ever been to a reclaimed, mine that I have, but you can't even tell there's been a coal mine there.

C

So what it does is uh the old mines that were left the strip, mines that were left, abandoned or orphaned, mines we're going to go back in and be able to reclaim them get the coal get more coal out, reclaim them and actually help the environment.

C

F

Thank you, sir. Thank you, mr chairman,.

A

Other questions for representative powers, seeing none are you ready to vote all in favor of sending house bill, 9-0 to gov, ops will say aye all opposed, say no. I just have it. You go to gobot, sir. Thank.

C

You, mr chairman, thank you committee.

A

Next on, our calendar is house bill, 813, representative lafferty. You are recognized.

A

Have a motion in a second on the bill. I believe we have an amendment.

A

G

Yes, sir, mr chairman, that is the number I have in front of me. Five motion.

A

In the second on the amendment I have a motion and a second on the amendment. You may proceed to.

G

Thank you and thank you committee. A lot of you may recognize this from uh last year. This is one of the bills that we've passed through and ended up getting coveted by the senate, we're back to open up opportunities for people, urban, suburban rural to go ahead and produce at their home foods and food products that they can then turn and sell through a third party distributor.

G

That is the big thing that we're looking to do here is to make it possible for someone that is producing locally sourced foods in their homes, give them an easier opportunity to instead of having to be the cook and the salesman. Let them be the cook and let the salesman take care of the sales part of it.

G

I'd be glad to take any questions.

A

Questions for the sponsor on amendment 5403.

A

Representative shaw.

H

Thank you, mr chairman, are you going to be doing any producing, mr chairman yourself, what are you going to be distributing.

G

I will I will not be producing anything. Nobody there's, there's one dish that I cook then I cook well and then everything else. If it's not grilled, I don't know how to do it.

H

I thought sure you was gonna be cooking. I just want to find out.

A

Anything else, representative shaw. Thank you, representative, grills,.

E

Thank you, mr chairman and chairman lafferty. I want to commend you for this. I know the efforts you put last year and just just the concept of life liberty and the pursuit of happiness that you adhere to it. Every time you make a decision every time you put a bill up, and I believe this is another opportunity where we see the pursuit of happiness here in front of us and the individuals that have the opportunity that they may not otherwise, but anyhow, thank you so much for just your commitment to these type of issues.

E

G

For your kind words, oh thank you for your kind words.

A

Representative cochran.

I

Well, he took the words right out of my mouth, but I just wanted to say I like uh any any bill that sets people free and there's a there's, a heavy dose of freedom in this, and and just appreciate you also I'm a big supporter and we'll sign on.

A

Other questions for the sponsor we are on the amendment, so we will be voting on amendment 5403. All in favor will say aye all opposed, say. No. The amendment goes on the bill. We're back on the bill. As amended representative lafferty. I don't think the question has been called on house bill 813 as amended. All in favor will say: aye all opposed, say. No, I have it. You are headed to finance ways and means. Thank you, mr chairman.

G

Thank you committee.

A

Next, we have house bill 887 by representative calfi. You are recognized, sir, have a motion in a second on the bill. I believe we have an amendment on this bill.

D

I believe, prior to subcommittee, that's.

A

That we have a motion and a second on the amendment. Would you like to explain the amendments.

D

uh Yes, sir, it makes the bill. uh We had some problems here a year or two ago about the commercial outfitters with kayaks paddle boards and canoes and that blocking up the public boat ramp.

D

So a lot of them have decided they'd like to operate in state parks and uh there's a the the state park system is going to come up with the uh rules and and the fee schedule and uh that'll that'll come through uh gov ops at some point and uh the uh the paddleboard kayaking canoeing, tubing so forth, and then other things that will be uh addressed in that and I made a boo-boo in sub.

D

I thought it would cover uh concession, stand and such, but it uh it'd be things like rock climbing and some of those those things and it'll help. The state parks become self-sufficient.

A

Questions for the sponsor on the amendment, seeing none we'll be voting to add the amendment to the bill. All in favor will say aye all opposed, say no eyes have it built the hou. The amendment goes on the bill. We are back on the bill as amended. You are recognized.

A

Question's been called on the bill without objection, we're voting on house bill 887 as amended. All in favor will say: aye all opposed, say no eyes have it. You are headed to gov ops. Thank you.

D

Chairman and committee, and I won't have to face ms baby's wrath.

A

A

Next on, our calendar is house bill 871 by representative campbell. You are recognized and recognized. We have a motion in a second on the bill. I believe there is an amendment on this bill.

B

Yes, sir, mr chairman, representative cochran has an amendment coded zero, zero, six, six, seven four that makes the bill.

A

Have a motion and a second known amendment we are voting to put the amendment on the bill. All in favor will say aye all opposed, say no, we're back on the bill. As amended representative cochran, you are recognized.

I

Thank you, mr chairman, and uh essentially with with my amendment uh the the big thing that it addressed was to ensure that if there was base zoning in place in a community- and it had been in place uh for some time uh that this particular permit from t deck does not supersede this, it does not supersede that base zoning. So I think uh in the bill's new form, it protects uh local control and it addresses the issue that the sponsor was looking to address. So with that, I will I will yield. Thank you.

A

Questions for the sponsor on the amendment seeing none well, I'm sorry, representative, shaw.

H

Thank you, uh mr chairman.

H

I I did just previously hear that this would amendment would make this locally controlled.

H

A

Correct representative cochran.

I

uh Representative shaw: what this will do is, if a community- let's say that, there's a particular area that a local government had zoned, that entire area for residential use, and in that area there was a quarry.

I

What this amendment does is it makes sure that this tea deck permit this a-wrap permit, as they call it would not supersede that type of zoning, and that was my concern with the original bill, was the way that it was written, that a wrap permit permit could have superseded local regulations that had been in place for years, and so with base zoning um that that local government maintains that type of control. It's not that they have control over the a-wrap permits or over the feel of the pit.

I

But it's saying that that t-deck permit cannot supersede a base. Zoning regulation that was already in place. Okay,.

H

Thank you, mr mr chairman, now to the sponsor, was this already zoned before his amendment.

A

Senator campbell.

B

Representative cochran, uh my understanding is um they're. Can you.

A

Clarify, let me let me go, can you address it.

B

I

It is my understanding representative shaw that this one that this particular site was not zoned before it is, it may have some site-specific zoning addressed or that that is related to that site, but site-specific zoning is different than base zoning, so it is my understanding that this particular quarry site was not base zoned. At this point, okay, remember shaw. Thank.

H

You thank you for that answer now back to the sponsor, so now that this amendment is taken care of, uh tell me exactly now what your legislation is going to do now, representative campbell.

B

Thank you, mr chairman, in addition to what well.

A

Probably what we need to do, we need to go ahead and get the amendment on, and then we can go back on the bill.

H

A

Anyone else with questions for the sponsor on the amendment have a question call on the amendment all in favor of adding amendment.

A

Oh 6674, please say I all opposed say no eyes have it we're back on the bill as in many now you are recognized, sir. Thank.

B

You, mr chairman, as representative cochran explained 6674, makes the bill in addition to the explanation he's given, I will say that tdec has a well-established process for preventing environmental impacts from fill activities and storm. Water runoff is regulated by tdec, like at every construction site over one acre and tdec ensures that appropriate controls are in place to prevent pollution from runoff.

B

Put simply this bill, as amended, protects the statewide and orderly process for ensuring that these fill projects, which the state wants to encourage. I understand, are able to proceed once the experts have determined that they do not have adverse environmental impacts.

B

A

Other questions represent the palsy.

A

D

Mr chairman, and and thank you for the bill, great idea, I like it, I just wondered- I had heard some complaining about. Does this exempt truck traffic? It's overweight.

D

There was some concern about about uh weight limits on some roads and whether whether this bill exempted that out and that's all I wanted to find out is, if you got an answer to that.

B

Representative campbell, thank you, mr chairman, may I defer to cochran on that section of this. He he has worked very much on on helping us get this legislation to this point and.

A

I just I don't want to misspeak.

B

I am no expert on this matter, representative.

A

I

Thank you, mr chairman, representative holsey. That is correct. So if you look at section one there, um one of the local regulations that the a-wrap permit would supersede is prohibitive, specific zoning conditions limits on truck traffic weight limits on or distance limitations. So uh that's the a-wrap permit could supersede a weight limit um or a limit on truck traffic, so so some meaning that it would be allowed.

A

Representation other questions for the sponsor on the bill, as amended representative shaw. Thank you.

H

uh What about is there not a veteran cemetery somewhere nearby this property, and I don't know who would answer that.

A

uh President cochran, do you know.

I

That it, according to conversations I've had with representative mitchell, who I believe this is his district. He has mentioned that there is a veterans cemetery nearby, representing.

A

H

And- and I also had that conversation I think the concern was- was uh you know the privacy of of bearing the dead and so forth and so on, and I don't know if if this had been addressed, I kind of got this late, and so I don't know if all that's been addressed tonight, I would like for someone if they could to either sponsor you to address that.

A

Representative cochran.

I

Well and- and I will just address- actually just kind of what you I got that about 15 minutes ago, as well, representative shaw, so unfortunately I don't know the the background behind that, but just a very recent conversation that was brought to my attention.

A

We'll go to legal answering that we'll go out of session. You are recognized.

J

Matt monday from legal, um I know you're representative shaw, you're speaking to one specific uh property, but this is a statewide application. So to answer one of your earlier questions, there would be some quarries or old properties where there would be base zoning and some where there would not be in the particular case of one that was adjacent to or contiguous with the cemetery there's a requirement in f1b that in all other ways the backfield satisfies state law applicable to the phil activity.

J

I think that also that would loop in the preservation and disturbance of cemeteries and grave sites.

A

Anyone else for the attorney, while we have him here, seeing none we'll go back into session representative hardaway. You are recognized.

F

Thank you, mr chairman, good afternoon to the sponsor, and I started to have questions when I heard questions, and one of the questions I have now is whether this is about a specific site. Is that what uh gave birth to the legislation.

A

B

Thank you, mr chairman, and my understanding is that there could be a number of places that this would impact statewide. um We have seen representative halsey discussed it in subcommittee, where we run into these situations where these places aren't getting filled, and frankly they don't look all that hot. So this opens up the authority now. I do understand that there is one in in mitchell's district.

B

He's made that clear to me that you know he would he doesn't like this excuse me, but at the same time I think that the overall impact could be very good, especially seeing that all parties involved with these types of projects have to follow tdec. They have to follow the permitting process. They have to follow the water quality act. So there's a lot in place already to that regard.

B

So it's definitely a potential statewide issue could happen in a number of places. I don't have a precise list or quantity of those, but I know that there are several potentials.

A

Represented hard.

F

Away, thank you, mr chairman, so I I'm kind of gleaning uh in between the lines there that uh representative mitchell's situation may have inspired the bill campbell.

B

uh Mr chairman, that situation was brought to my attention later in the process. So representative mitchell told me about his concerns and that this would also impact that particular situation. So I I really don't know of the origins of the issue itself, so.

A

B

A

Representative hardaway.

F

Yes, sir, um is there anything in the language that allows the local legislative bodies to opt out of any of the um the bill's uh dictates.

A

Representative cochran, I'm sorry, representative campbell. I.

B

Liked your first uh reference on that. Actually, since your amendment makes the bill, will you speak to that point.

A

Representative cochran.

I

Representative hardaway um so essentially that that local action that could that would exempt them from that would be if base zoning was already in place.

I

So at the time when this laws, when this bill is signed into law, if it is signed into law- and there is base zoning, which is which is a local action taken by that local legislative body, if there's base zoning in place at that point, so let's say: there's a quarry site and there's a community around it, and that local government has zoned that area for residential and in that zoning in that base. Zoning map that quarry is included as a residential is zoned residential.

I

This a-wrap permit that is issued by t-deck, could not supersede that base zoning that that that is where there would be local input it. With my amendment, I've seen.

A

I

Previously- and I will sorry, mr previously, there was not that that protection and that's what I was concerned about as well, um and so that's why. I brought this amendment to ensure that there was some local control.

A

You into hard way.

F

um Mr chairman, I'm a little bit more confused now that he's clarified it for me, um but what I'm not understanding is what prompted the bill and really whether it usurps the local authority.

F

I heard us the committee speak to some generalities on uh conservation and environment issues, but I think an important part of this is community issues which might not specifically fit into conservation and environment issues, but which the local folks, depending on their values, depending upon their zoning depending upon their strategic plan for for the area, they might not be there yet and this seems to say wherever you've got your long-term planning worked out and is only in place that you're stuck uh that from that point on that the state is pretty much in charge and there's no way for exemptions uh at that point, and that that disturbs me so- and you know, there's no bigger environmentalist and conservationist than myself, but usurping the local folks in that manner is a problem for me.

F

So I don't think I can support it. Unless I can get some assurances on that.

A

uh Ladies and gentlemen, I'd like to go out a session again and and ask the attorney to give us a little aid here. So we are out of session. Mr mundy, you are recognized.

J

I'll try to offer some clarification. um As I understand base zoning regulations, it's they're basically base zoning regulations or generalized zoning regulations, whether it's residential commercial, industrial, whatever those ordinances, are on a local level. Tdec can't issue a permit to supersede those in issuing a permit for backfilling.

J

That doesn't mean that you can't backfill a quarry within that area. That's been zoned. It just means that you have to follow the local ordinances prescribed for that area. Now, if there's no no base zoning in place, then these exemptions with respect to truck weight, truck volume and so forth, they're exempt from those broader local regulations. If those exist, if that makes sense, there's no opt-out provision for the locals. It's just that the provision is really whether the locals already have base zoning in place prior to the effective date of this act.

A

Representative, do you have more for yes.

F

Mr mundy, yes, sir, and am I correct when assuming.

A

That part away, are you directing your question to.

F

Legal. Thank you. Yes am I correct um that you're saying that the locals cannot come back and do any zoning changes uh after this law is in effect, any uh zoning changes for this purpose. After we enact this law.

J

The base zoning regulations that they would have to comply with would have to be those in effect upon the effective date of this act.

J

So you couldn't overlay the quarry area with the residential zoning ordinance to provide additional restrictions and apply it to a permit. That's already been issued representative hardaway.

A

F

Sir he's he's summed it up nicely, and that was my fear. Thank you, mr chairman.

A

Representative todd.

K

Thank you, mr chairman, as I read in the bill, and I want to make sure this is certain- this only applies to fill or borrow material. That's from a state highway, construction.

A

Todd hold on hold on just man, we need to go back. Okay, I apologize and I don't even know we're back being said.

K

Now you are ready, I wasn't sure if that should be legal or not quite frankly so, um but that my question would be: does this only apply to fill material that or borrow material from a state highway project.

A

Representative campbell.

B

That is my understanding based upon the language in 6674.

A

Other questions for the sponsor on the bill, as amended.

A

Seeing none without objection, we are voting on house bill 836, as amended. All in favor will say: aye all opposed, say no, as have it, sir. You are headed to calvin rules. Thank you.

A

Next, we have house bill 1389 by representative todd, have a motion in a second on the bill.

A

Representative todd, you are recognized.

K

Thank you, mr chairman. We do have an amendment uh on this 5042.

A

That's what I have have a motion and a second on the amendment. You are recognized on the amendment.

K

Thank you, sir. What this does uh it basically directs taser to do a study on twi and tduc managed state resources that are being used for recreational activities such as paddle boarding, canoeing and tubing, along with kayaking.

A

Questions for the sponsor on the amendment, seeing none we'll be voting to add the amendment to house bill. 1389, all in favor will say aye aye, all opposed, say. No. The amendment is back on the bill. We are now on the bill. As amended representative todd, you are recognized, question's been called on the bill. Without objection, we will be voting on house bill 1389 to go to finance ways and means all in favor will say aye all opposed, say no.

A

Thank you, sir house ways and means.

E

Number six on our list is h.a.r.139 by chairman hawford, chairman hawford you're recognized. If we get a motion in a second, we have motion a second there. You go, mr chairman,.

A

Thank you, mr chairman house, bill house joint resolution. 139 is a resolution in support of the recommendations of the agriculture, education and youth youth participation task force. The resolution celebrates tennessee ffa and acknowledges and emphasizes the importance of agriculture education involvement in that national fa ffa organization to develop students potential for premier leadership, personal growth and career success.

A

The test course recommended that the expertise of the tennessee department of agriculture and the department of education be combined and the two departments work together to improve the agriculture, education programs and structures focused on ffa and student programs. Mr chairman, that's house bill 139 house joint resolution, 139.

E

You've heard the explanation of hdr 139: do we have any questions for the sponsor?

E

I will take that as a question on the bill. All in favor say aye any opposed same sign on the calendar and rules chairman hawford. Why? I still have it nice to see you there.

A

Ladies and gentlemen, that uh includes our agenda for today, and in fact that includes our agenda for the year and- and I was in a committee just before uh transportation, and they were bragging about to be being the first one to to finish. But but we did it a lot a lot less time than they did it. So uh uh I I'd call that a draw.

A

So anyway, I just like to thank all the staff here- uh the attorneys becky uh jeremy, my intern uh and and the rest of you guys for being here and and being such a good, attentive committee, and I appreciate all your hard work so with that said, we are adjourned uh in the agriculture natural resources. Full committee is closed to the call of the chair. Thank you, ladies and gentlemen, for being here see y'all next year same time same station.

A