Local Infrastructure Preemption Bill Would Weaken Tennessee Local Governments’ Control Over Fossil Fuel Production and Pollution

Washington, DC — Tomorrow, Tennessee’s Senate Commerce and Labor Committee and House Commerce Committee will convene to vote on an amendment to SB 2077/HB 2246 that would completely rewrite the energy infrastructure bill to strip local communities of decision making authority over the impacts of energy projects. This would include massive propane and petroleum storage facilities, as well as oil and gas pipelines. The bill aims to preempt the ability of local governments to have a say in the decisions affecting their communities.

The bill was originally introduced as a study of the current infrastructure in Tennessee to determine what improvements are needed. The amendment would become a seize of power by representatives to prop up the fossil fuel industry in Tennessee and not prioritize the needs of the people.

If this bill passes with the preemption amendment, it would weaken local power from all 95 counties, planning commissions, municipalities and boards, to regulate such issues and would instead shift the power to private energy companies who aren’t associated with the local power supply. It would also threaten any local health and safety safeguards against any infrastructure near or under schools, hospitals or parks.

“Allowing this amendment to go forward will weaken any checks and balances our local governments have to govern for the sake of their constituents and ensure that corporate polluters aren’t placing profits over our environment and our communities,” Scott Banbury, Conservation Programs Coordinator with the Tennessee Chapter of the Sierra Club said. “The state legislature should not hamstring local governments and state agencies by preempting their authority and right to self determination. We urge members to consider these factors and deny the requested amendment.”

“Building crude oil and methane gas pipelines and tanks – which can leak, burst, and, in some cases, explode – near schools, hospitals, and drinking water sources is dangerous. Local governments should have a voice about what happens in their communities, and they should be empowered to protect the health and safety of their friends and neighbors. Our General Assembly should not tilt the playing field unfairly by placing a muzzle on all local governing bodies in Tennessee,” SELC Senior Attorney George Nolan said. “To put it bluntly, this amendment prioritizes pipeline company profits over the health and safety of Tennessee communities.”

Given the timing of the introduction of the amendment, local governments and other affected Tennessee agencies have only been given three business days to review the bill before addressing it in the committee meeting. 

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