(a) This part shall be known and may be cited as the “Landfill Methane Development Act.”
Terms Used In Tennessee Code 65-28-201
Contract: A legal written agreement that becomes binding when signed.
Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Landfill methane: means the methane gas constituent of naturally-occurring emissions in gaseous form emanating from any landfill, whether such landfill is in current operation accepting additional fill material or is closed and not accepting any additional fill material, and whether or not any such landfill has or is required to have any collection system for the collection of landfill gas, including the landfill methane component of landfill gas. See Tennessee Code 65-28-202
Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
Person: means any person, firm, corporation or other legal entity of any kind, including this state, every county in this state, and every municipality in this state. See Tennessee Code 65-28-202
State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(b) It is recognized by the general assembly that the provision of dependable and economical sources of energy is vital to the health, welfare and economic well-being of the citizens and residents of the state and that one of the primary sources of energy in this state is natural gas. The general assembly further recognizes world supplies of natural gas are limited and that the market for natural gas has undergone major changes in recent years due to increasing demand. It is recognized by the general assembly that the primary constituent of natural gas is methane, and that methane is generated by the natural decomposition of materials deposited in solid waste landfills. Landfill methane is produced in landfills together with other gaseous materials, but the methane may be extracted, treated, and sold as a substitute for natural gas. It is also recognized by the general assembly that, if not utilized for a natural gas substitute or other energy or commercial use, the landfill methane may constitute a pollutant if released into the atmosphere; and, in certain instances under state and federal environmental laws, the landfill methane must be collected and destroyed and the commercial value of the landfill methane would then be wasted. In order to ensure that all persons have the flexibility and power to compete for and obtain methane from landfill gas and treat landfill gas for substitution for natural gas on terms that will result in continuing availability of both natural gas and landfill methane at reasonable rates to the citizens and residents of the state, and to encourage the reduction or elimination of atmospheric pollution that may occur if the landfill methane were allowed to be introduced into the atmosphere, it is the intent of the general assembly by this part to:
(1) Authorize any person to finance, acquire, own, operate, lease and dispose of rights, titles and interest of every kind and nature in facilities to produce and treat methane produced from landfill properties located within the state as a substitute for natural gas;(2) Allow any pipeline corporation subject to the jurisdiction of the Tennessee public utility commission to transport landfill methane gas, either alone or mixed with natural gas; and(3) Authorize any person to contract for the purchase of supplies of landfill methane useable in lieu of natural gas, and transport landfill methane by pipeline from any supplier located inside or outside the state, either alone or mixed with natural gas.(c) This part shall be liberally construed in conformity with such intent, it being hereby determined and declared that the means provided by this part are needed to provide for the continued availability to state citizens and residents of natural gas or substitutes for natural gas at reasonable rates.
