Tennessee § 7-82-701 - Created — Authority — Composition — Terms — Chair.

§ 7-82-701. Created — Authority — Composition — Terms — Chair.

There is hereby created in the office of comptroller of the treasury a utility management review board for the purpose of advising utility district boards of commissioners in the area of utility management. The utility management review board created by this section is vested with authority over all utility districts established pursuant to this chapter or by any public or private act. The board shall be composed of nine (9) members as follows: The commissioner of environment and conservation or the commissioner's designee; The comptroller of the treasury or the comptroller's designee, who shall serve as chair; and Seven (7) members appointed by the governor, three (3) of whom shall be experienced utility district managers, three (3) of whom shall be experienced utility district commissioners and one (1) of whom shall be a consumer residing in the state who may have experience in residential development but is not engaged in utility district management or operation. The consumer member shall be appointed for a four-year term of office at the expiration of the term of office of a utility district manager first occurring after June 11, 2009. The governor shall consult with the Tennessee Association of Utility Districts (TAUD) as to qualified individuals to be appointed to the board. Members shall be appointed to four-year terms; provided, that the initial appointments shall be for terms, not to exceed four (4) years, as shall be necessary so that the terms of no more than two (2) members of the board shall end in any one (1) year. [Deleted by 2015 amendment.] Acts 1987, ch. 422, § 10; 1989, ch. 400, §§ 1, 2; 1994, ch. 918, § 1; 2002, ch. 603, § 11; 2007, ch. 86, § 1; 2009, ch. 423, § 2; 2015, ch. 140, §§ 4, 5; 2017, ch. 129, § 1; 2018, ch. 688, § 1. Compiler's Notes. For attachment of the utility management review board to the department of health, see Executive Order No. 21 (June 28, 1988). The utility management review board, created by this section, terminates June 30, 2026. See §§ 4-29-112 , 4-29-247 . Amendments. The 2015 amendment added “who shall serve as chair” at the end of (b)(2) and deleted (e), which read: “Every two (2) years the board shall elect a chair from among its members and such other officers as it may deem necessary.” The 2017 amendment, in (a), substituted “private act” for “public or private act” in the second and third sentences, deleted “Effective July 1, 1989, notwithstanding any law to the contrary,” from the beginning of the second sentence, and, in the last sentence, inserted a comma preceding “or instrumentalities” and deleted “, other than those agencies, authorities or instrumentalities of government electing pursuant to § 68-221-1006(a) or § 68-221-1206(a) to come under the jurisdiction of the water and waste water financing board” from the end. The 2018 amendment, in (a), substituted “any public or private act” for “any private act” at the end of the second sentence, and deleted the former last sentence which read: “For purposes of this part, ‘utility district’ includes agencies, authorities, or instrumentalities of government created by private act having the authority to administer a water or wastewater facility.” Effective Dates. Acts 2015, ch. 140, § 13. April 16, 2015. Acts 2017, ch. 129, § 15. April 17, 2017. Acts 2018, ch. 688, § 3. April 9, 2018. Attorney General Opinions. Jurisdiction over the Reelfoot Lake Regional Utility and Planning District, OAG 96-010, 1996 Tenn. AG LEXIS 9 (1/30/96). Utility management review board's authority over gas utility districts, OAG 99-031, 1999 Tenn. AG LEXIS 20 (2/18/99).