Tennessee § 7-82-104 - Exemption from state regulation — Rules of construction.

§ 7-82-104. Exemption from state regulation — Rules of construction.

Neither the Tennessee public utility commission nor any other board or commission of like character hereafter created shall have jurisdiction over the district in the management and control of any system, including the regulation of its rates, fees, tolls or charges, except to the extent provided by this chapter and by the Wastewater Facilities Act of 1987, compiled in title 68, chapter 221, part 10. It shall be the obligation of every judge and every public official having occasion to construe §§ 7-82-102 and 7-82-402(b) to so construe them as to accomplish the ends indicated by the findings and policies set forth in the preamble and section 1 of Acts 1973, ch. 249. Acts 1937, ch. 248, § 16; C. Supp. 1950, § 3695.42 (Williams, § 3695.41); impl. am. Acts 1955, ch. 69, § 1; Acts 1973, ch. 249, §§ 1, 7; T.C.A. (orig. ed.), § 6-2613; Acts 1987, ch. 299, § 17; 1995, ch. 305, § 83; 2017, ch. 94, § 19. Compiler's Notes. The preamble and § 1 of Acts 1973, ch. 249, referred to in this section, provide: “Whereas, the general assembly has on many occasions considered remedial legislation affecting districts created under the Utility District Law of 1937; and “Whereas, the general assembly has repeatedly investigated and received and thoroughly considered reports concerning the rates, services, charges and practices of districts created under the Utility District Law of 1937; and “Whereas, the general assembly recognizes that citizens serving as commissioner of such utility districts perform a public service; that it is needful that more orderly procedures be established to communicate complaints to such commissioners so that the commissioners can properly act thereon as a body instead of being individually subjected to citizen complaints; that the procedures presently provided for reviewing rates and services could be improved by taking advantage of the existing expertise of the public service commission; and “Whereas, careful consideration has been given by the general assembly to conflicting demands and long established policies which have for the most part resulted in sound administration of utility district systems, their expansion and their rate structures; Now, therefore, be it enacted by the general assembly of the state of Tennessee: “Sec. 1. This legislation is intended to remedy past complaints and to preserve and enhance the public benefits which have customarily been derived from the operations of utility districts created under the Utility District Law of 1937. To this end, it shall be the obligation of every judge and every public official having occasion to construe this act to so construe it as to accomplish the ends indicated by the findings and policies hereinbefore stated.” Amendments. The 2017 amendment substituted “Neither the Tennessee public utility commission” for “Neither the Tennessee regulatory authority” at the beginning of (a). Effective Dates. Acts 2017, ch. 94, § 83. April 4, 2017. Textbooks. Tennessee Jurisprudence, 13 Tenn. Juris., Gas Companies, §§ 2, 7; 21 Tenn. Juris., Public Service Commissions, § 3.