Tennessee § 59-8-132 - Coal mining protection fund.

§ 59-8-132. Coal mining protection fund.

There is created a segregated account within the state treasury to be known as the “coal mining protection fund.” Monies shall be deposited to the fund pursuant to §§ 59-8-107, 59-8-117, and 67-7-110, and shall be invested for the benefit of the fund pursuant to § 9-4-603. The moneys in the coal mining protection fund shall be used for the administration and enforcement of the requirements of this part. All fees and penalties collected by the commissioner pursuant to this part shall be deposited by the state treasurer into the coal mining protection fund, created in subsection (a), and shall be used by the commissioner to defray expenses necessary to administer this part. Unexpended and unobligated fees remaining in this account at the end of any fiscal year shall not revert to the general fund but shall remain available for the purposes set forth in this part. 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. Effective Dates. Acts 2018, ch. 839, § 47. April 25, 2018. Attorney General Opinions. The Governor’s efforts to submit requests for federal funding and applications to obtain exclusive jurisdiction over surface mining and reclamation operations do not constitute “implementation” of part 1 of chapter 8, title 59, of the Tennessee Code and are not subject to the availability of federal funds under T.C.A. § 59-8-133(a) . The cost of implementation and enforcement must be paid by equal amounts of federal funds and money in the coal mining protection fund. If no federal funds are available, then no money from the coal mining protection fund may be spent because such an expenditure would not be in “equal proportion” to the amount of federal funds spent. OAG 18-26, 2018 Tenn. AG LEXIS 26 (6/27/2018).