Tennessee § 59-8-104 - Additional powers of commissioner. [Contingent effective date, see Compiler's Notes.]

§ 59-8-104. Additional powers of commissioner. [Contingent effective date, see Compiler's Notes.]

In addition to the powers authorized to the commissioner under § 59-8-326, the commissioner may expend monies from the Tennessee surface mine reclamation fund, created by § 59-8-326, for the emergency restoration, reclamation, abatement, control, or prevention of adverse effects of surface coal mining practices, on eligible lands, if the commissioner finds that: An emergency exists constituting a danger to the public health, safety, or general welfare; and No other person or agency will act expeditiously to restore, reclaim, abate, control, or prevent the adverse effect of surface coal mining practices. The commissioner may enter upon any land where an emergency as described in subsection (a) exists, and upon any other land, to have access to the land where the emergency exists; to restore, reclaim, abate, control, or prevent the adverse effects of surface coal mining practices; and to do all things necessary to protect the public health, safety, or general welfare. An entry made under this subsection (b) is an exercise of the police power, and is not an act of condemnation of property nor of trespass. The money expended for the commissioner's work and the benefits accruing to the land shall mitigate or offset any claim in or any action brought by any owner of any interest in the land for alleged damages by virtue of the entry. This subdivision (b)(3) does not create new rights of action or eliminate existing immunities. Acts 2018, ch. 839, § 1. Compiler's Notes. Acts 2018, ch. 839, § 44 provided that the governor shall take all action necessary to prepare and submit for approval all necessary requests for federal grant funding and applications for authorization to the appropriate federal authority to obtain exclusive jurisdiction over surface coal mining and reclamation operations and the maximum federal money available for those purposes in an expeditious manner. Acts 2018, ch. 839, § 45 provided that the commissioner of environment and conservation shall notify the secretary of state and the executive secretary of the Tennessee code commission of the date this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries. Acts 2018, ch. 839, § 47 provided that the act, which enacted this part, §§ 59-8-101 —59-8-134, shall take effect eight (8) months immediately following the receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries. Acts 2018, ch. 839, § 47 provided that for purposes of rulemaking, the act, which enacted this part, §§ 59-8-101 —59-8-134, shall take effect upon the deposit of federal funds in the Coal Mining Protection Fund. Effective Dates. Acts 2018, ch. 839, § 47. [See Compiler's Notes.]