7-82-103 - Applicability of §§ 7-82-102, 7-82-402(b) and 65-4-105.
7-82-103. Applicability of §§ 7-82-102, 7-82-402(b) and 65-4-105.
(a) The provisions of §§ 7-82-102 and 7-82-402(b) do not apply to those water utility districts having fewer than one thousand (1,000) subscribers to its service.
(b) The provisions of §§ 7-82-102 and 7-82-402(b) do not apply to the following:
(1) Those counties having the following populations, according to the 1980 federal census or any subsequent federal census:
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(2) (A) Those districts distributing and selling natural gas for the following reasons:
(i) All natural gas districts in Tennessee purchase their requirements from six (6) natural gas pipelines operating in interstate commerce, with their rates, services, and supplies, regulated by the federal power commission, and therefore, every rate of the gas supply has been tested and approved by a regulatory body at the time of the purchase by the gas district;
(ii) All safety standards applicable to the transmission and distribution facilities of natural gas districts are established by the Pipeline Safety Improvement Act of 2002 (49 U.S.C. § 60101 et seq.) administered under the department of transportation; and
(iii) All bonds issued for the construction or replacement of facilities can only be issued after the approval has been granted by the securities exchange commission or other federal regulatory bodies.
(B) Therefore, it is declared that the legislative intent shall be that §§ 7-82-102, 7-82-402(b) and 65-4-105 shall not apply to the gas districts where the cost of their purchased gas, the safety standards of their transmission and distribution facilities, and the financial restrictions relative to the issuance of their bonds are all severally or collectively regulated by federal administrative commissions or boards.
[Acts 1973, ch. 249, §§ 9-11; 1974, ch. 633, § 1; T.C.A., § 6-2638; Acts 1980, ch. 445, § 2; 1987, ch. 422, § 2; 1989, ch. 139, § 1; 1989, ch. 221, § 2; 1995, ch. 305, § 82.]