Tennessee § 68-221-1008 - Wastewater financing board — Created — Responsibility — Members — Terms — Expenses — Quorum — Conflict of interest — Records — Duties of director.

§ 68-221-1008. Wastewater financing board — Created — Responsibility — Members — Terms — Expenses — Quorum — Conflict of interest — Records — Duties of director.

A water and wastewater financing board is established in the office of the comptroller of the treasury to determine and ensure the financial integrity of certain water systems and wastewater facilities. The board is charged with the responsibility of furthering the legislative objective of self-supporting water systems and wastewater facilities in this state and shall be deemed to be acting for the public welfare in carrying out §§ 68-221-1007 — 68-221-1012. Such board shall be composed of the following members: The comptroller of the treasury, or the comptroller's designee, who shall serve as chair; The commissioner, or the commissioner's designee; One (1) member, appointed by the governor, who shall represent the municipalities of the state. The governor shall consult with the president of the Tennessee municipal league to determine a qualified person to fill this post; One (1) member, appointed by the governor, who shall represent utility districts in the state. The governor shall consult with the president of the Tennessee Association of Utility Districts to determine a qualified person to fill this post; One (1) member, appointed by the governor, who shall represent the environmental interests of the state. The governor shall consult with the president of the Tennessee environmental council to determine a qualified person to fill this post; One (1) member appointed by the governor, who shall represent the manufacturing interests in the state. The governor shall consult with the president of the Tennessee Association of Business to determine a qualified person to fill this post; One (1) member, appointed by the governor, who shall represent the minority citizens of the state. Such member shall have experience in governmental finance and shall not otherwise be a state employee; One (1) member appointed by the governor, who is an active employee of a municipal water utility and one (1) member who is an active employee of a water utility district. The governor shall consult with the president of the Tennessee Association of Utility Districts to determine qualified persons to fill these appointments. Board members shall serve for a three-year term except as designated herein, and all appointments shall expire on June 30 of the appropriate year. A board member shall continue to serve, however, until a successor has been appointed, or until the board member has been reappointed. Appointments to succeed a board member who is unable to serve such board member's full term shall be for the remainder of that term. Board members may be reappointed, but they do not succeed themselves automatically. Appointments to the board for the remainder of an unexpired term and reappointments shall be made in the same manner as under subsection (b). Each member of the board shall be entitled to receive reimbursement for such member's traveling and other necessary expenses actually incurred while engaged in the performance of any official duties when so authorized by the board, but such expenses shall be made in accordance with the comprehensive state travel regulations duly promulgated by the commissioner of finance and administration and approved by the attorney general and reporter. A majority of the board shall constitute a quorum and the concurrence of a majority of those present and voting in any matter shall be required for a determination of matters within its jurisdiction. No board member may participate in making a decision in any case involving a local government or water system or wastewater facility in which the board member has a direct financial interest, including a contract of employment. The board shall keep complete and accurate records of the proceedings of all their meetings. All such records shall be kept on file in the office of the comptroller and open to public inspection. The comptroller shall designate a staff person to serve as the technical secretary to the board. In that capacity, the designee shall report the proceedings of the board and perform such other duties as the board may require. For the purposes of this part, “water systems and wastewater facilities” includes: Any county, metropolitan government, or incorporated town or city empowered to provide water or wastewater services; and Any treatment authority, created pursuant to part 6 or part 13 of this chapter, or by any public or private act of the general assembly, that operates a water or wastewater facility. The treatment authorities shall file or cause to be filed with the comptroller independently prepared audited financial statements. The entities listed in subsection (i) are subject to the jurisdiction of the water and wastewater financing board in accordance with this chapter. Acts 1987, ch. 299, § 8; T.C.A., § 68-13-1008 ; Acts 1997, ch. 483, §§ 10-13, 22; 2007, ch. 86, §§ 3-7; 2017, ch. 129, §§ 12, 13; 2018, ch. 688, § 2. Compiler's Notes. Former title 68, ch. 13, parts 1-10 were transferred to title 68, ch. 221, parts 1-10, respectively, in 1992. See the parallel reference table in § 68-221-101 for the former and new section locations. The wastewater financing board, created by this section, terminates June 30, 2025. See §§ 4-29-112 , 4-29-246 . Amendments. The 2017 amendment rewrote (i), which read: “(i) For the purposes of this part, “water systems and wastewater facilities” shall also mean any treatment authority created pursuant to part 6 of this chapter, and that operates a water or wastewater facility. The treatment authorities shall file or cause to be filed with the comptroller independently prepared audited financial statements. The authority shall be subject to the jurisdiction of the water and wastewater financing board in accordance with this chapter.”; and added (j). The 2018 amendment inserted “or by any public or private act of the general assembly,” in (i)(2). Effective Dates. Acts 2017, ch. 129, § 15. April 17, 2017. Acts 2018, ch. 688, § 3. April 9, 2018.