7-54-101 - Chapter definitions. - Tennessee Statutes

7-54-101. Chapter definitions.

As used in this chapter, unless the context otherwise requires:

     (1)  “Construct” or “construction” means the erection, building, acquisition by purchase or condemnation, alteration, reconstruction, improvement, or extension of energy production facilities, the engineering, architectural designs, plans, working drawings, specifications, procedures, and other action necessary in the construction of such facilities, and the inspection and supervision of the construction of such facilities;

     (2)  “Energy production facility” means a facility for the production, conversion or transmission of energy from the controlled processing of fossil or other fuels or other sources of energy and the production of electricity, steam or other forms of energy for heating, cooling, manufacturing processes and other uses, and includes “energy recovery facilities” as defined in § 68-211-501 and includes “qualified renewable energy facilities” as defined in § 54C(d)(1) of the Internal Revenue Code of 1986, codified in 26 U.S.C. § 54C(d)(1); provided, that the municipality proposing to provide the financing for the qualified renewable energy facility constitutes a “qualified issuer” under § 54C(d)(6) of the Internal Revenue Code of 1986, codified in 26 U.S.C. § 54C(d)(6), and may include “resource recovery facilities” as defined in § 68-211-501 to the extent that the resource recovery facilities are constructed in connection with energy recovery facilities;

     (3)  “Governing body” means the board or body charged by law with governing the municipality;

     (4)  “Municipality” means any town, city, metropolitan government, county or power district of this state, and for all purposes except in § 7-54-103(g), means a not-for-profit corporation authorized by the laws of Tennessee to act for the benefit or on behalf of any one (1) or more of such local governmental entities;

     (5)  “Person” means any and all persons, natural or artificial, including any individual, firm or association, business trust, partnership, joint venture, municipality, and public, municipal, nonprofit, or private corporation organized or existing under the laws of this state or any other state, and any governmental agency or county of this state and any department, agency, or instrumentality of the executive, legislative, and judicial branches of the federal government; provided, that as to any business trust, partnership, or joint venture in which any federal government corporation has direct, equitable or beneficial ownership, such business trust, partnership or joint venture shall not be included in the definition of “person”; and

     (6)  “Solid waste” means all municipal, commercial, or industrial solid waste, garbage, rubbish, refuse, and other such similar and related materials, including, without limitation, recyclable materials when they become discarded, except those excluded by the department of environment and conservation, which will designate as “special waste” any hazardous or other waste it determines should not be processed in an energy production facility for reasons of public health or safety or because the nature of the waste is such that it is not suitable for processing in an energy production facility. In the case of any municipality operating a waste water treatment or processing facility, “solid waste” also means sludge originating from such facility to the extent such sludge is not designated as “special waste.”

[Acts 1975, ch. 204, § 1; T.C.A., § 6-1331; Acts 1981, ch. 204, § 1; 1982, ch. 624, §§ 1, 2; 1983, ch. 226, § 1; 1987, ch. 250, §§ 1, 2; 2009, ch. 608, § 4.]