Summary of Bill: SB 2551 / HB 2134 (Senate) – Solid Waste Disposal
Jurisdiction: Tennessee | Session: 114 | Title: Solid Waste Disposal
Effective date: July 1, 2026
Purpose and intent
- Prohibits exporting solid waste disposal to a landfill located outside the exporting jurisdiction’s territorial boundaries without a host community agreement.
- Aims to ensure local host counties/municipalities have a formal, negotiated role in accepting out-of-county waste and to establish protections and terms through a host agreement.
Key provisions and changes
- Definitions (new section in T.C.A. 68-211-211, Part 8):
- Exporting jurisdiction: any county, municipality, or political subdivision seeking disposal in a landfill outside its jurisdiction.
- Host community agreement: a written agreement between the exporting and host jurisdiction authorizing acceptance of solid waste.
- Host county/host municipality: the jurisdiction where the landfill is physically located.
- Prohibition on out-of-county disposal:
- An exporting jurisdiction may not dispose of or contract for disposal in a landfill outside its boundaries unless a host community agreement exists and approves such disposal.
- Host community agreement requirements:
- Specify duration, renewals, and termination terms.
- Identify the landfill or disposal facility to which the agreement applies.
- Include compensation or host fees for the host jurisdiction (if any).
- Include provisions on truck routes, operating hours, environmental protections, and enforcement.
- Must be approved by resolution of each participating governing body in a public meeting.
- State permit implications:
- The Department of Environment and Conservation (TDEC) cannot issue or renew a permit for a solid waste disposal facility that accepts waste from outside the host jurisdiction unless a current host community agreement is provided and deemed compliant.
- Exemptions:
- Applies to contracts entered into prior to July 1, 2026; those agreements may continue until expiration or renewal.
- Emergency circumstances declared by the governor or the commissioner for disaster response or public health protection are exempt from the agreement requirements.
- Local authority:
- Host counties/municipalities may impose additional conditions, fees, or restrictions on out-of-county waste via ordinance, resolution, or interlocal agreement.
- Applicability:
- Applies to all contracts for disposal of solid waste entered into on or after July 1, 2026.
- Related planning region provision (amendment to 68-211-814(b)):
- No solid waste planning region or county shall approve or permit disposal of out-of-county waste at a landfill within its jurisdiction unless a host community agreement has been executed.
Procedural and timeline aspects
- Effective date: July 1, 2026.
- Applies to contracts entered into on or after July 1, 2026.
- Requires host community agreement to be in place and approved by all participating governing bodies for out-of-county waste disposal.
- Permits: TDEC permit issuance/renewal tied to satisfaction of host agreement requirements.
- Transitional exemptions: existing contracts before July 1, 2026 are exempt until expiry or renewal; emergency circumstances exempt as noted.
Potential impacts and fiscal considerations (as detailed in fiscal note)
- Revenue implications for state: If host agreements cannot be reached, there could be a decrease in tipping and inspection fee revenue collected by TDEC (estimated example from 2024 data: $8,190,054 if 16 private landfills resume out-of-county waste and all fees apply). Exact impact depends on the number of affected landfills, waste volumes, and whether host agreements are achieved.
- Landfill ownership mix: In 2024, Tennessee had a mix of publicly owned/operated, county/municipality-owned, and privately owned landfills; most private landfills (77% of municipal waste landfilled) could be affected if host agreements cannot be reached.
- Overall uncertainty: The fiscal impact depends on multiple unknown factors, including the number of facilities that fail to reach host agreements and the total tonnage impacted.
Who is affected
- Exporting jurisdictions (counties, municipalities, and other political subdivisions) that would send waste outside their borders.
- Host counties/host municipalities where landfills are located.
- Landfill operators and the environmental regulatory process (TDEC) for permitting.
- Solid waste planning regions and counties that would need to obtain host agreements before permitting out-of-county waste.
Bottom line
- SB 2551 / HB 2134 creates a framework requiring host community agreements for any out-of-county waste disposal, tying permit eligibility to those agreements, and granting host jurisdictions additional control over external waste flows. It adds procedural safeguards (public approvals) and potential host fees, while introducing exemptions for preexisting contracts and emergency situations. Fiscal effects depend on degree of agreement reach and waste volumes.
