Tennessee § 59-8-133 - Implementation of part — Cost of administering and enforcing part. [Contingent effective date, see Compiler's Notes.]

§ 59-8-133. Implementation of part — Cost of administering and enforcing part. [Contingent effective date, see Compiler's Notes.]

Implementation of this part is subject to the availability of federal funds for such purpose. The cost of administering and enforcement of this part shall be paid in equal proportions by federal funds made available for such purpose and funds in the coal mining protection fund, created in § 59-8-132. 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.] 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).