Bill > HB2070

This bill, known as the "Tennessee Energy Freedom Act," establishes new provisions within Tennessee Code Annotated, Title 68, to protect the right to engage in activities related to coal, oil, and natural gas, and to prevent discrimination against these activities. It defines key terms such as "annual emissions baseline" (the highest combined carbon dioxide emissions from China and India in the preceding five years), "company," "covered activities" (exploration, production, sale, and use of fossil fuels in Tennessee), "covered emissions" (carbon dioxide, methane, or nitrous oxide from fossil fuel activities), "covered government" (other states or local governments), "in-jurisdiction products" (fossil fuel products shipped into a specific state), "liability" (any legally enforceable obligation to pay money), and "person." The act declares it public policy to protect the right to engage in and invest in companies involved in these activities, stating that no liability or injunctive relief may be granted for covered emissions unless they violate federal environmental law or a state law necessary to comply with federal law, in which case only federal law will apply. It also restricts covered governments and private parties from imposing liability for covered emissions unless it is solely based on "in-jurisdiction products." Furthermore, the bill outlines a process for determining the amount of covered emissions, allowing individuals or companies to seek a court declaration of their emissions, with a provision that if emissions are less than 10% of a calculated baseline, they can be presumed to be zero for certain purposes. The act also includes a severability clause, stating that if any part is found invalid, the rest will remain in effect, and it is set to take effect on July 1, 2026.