A resolution supporting legislation currently pending in the Tennessee General Assembly that would impose greater restrictions on blasting companies and would restore authority to local governments to regulate blasting activities.

WHEREAS, Members of the Metropolitan Council routinely receive complaints from constituents about blasting activities in their neighborhoods; and

WHEREAS, improper levels of blasting have caused damage to the homes and businesses of citizens of Nashville and Davidson County; and

WHEREAS, state law currently expressly preempts and supersedes all existing and future local government ordinances and regulations pertaining to blasting activities; and

WHEREAS, various bills sponsored by State Senators Kyle and Harper, and State Representatives Odom, West and Sontany would impose greater restrictions on blasting companies and would remove the state law preemption on local governments from regulating blasting; and

WHEREAS, some of the additional regulations that would be imposed include a $1 million liability insurance requirement for the protection of residences and businesses that are damaged by a wrongful act or omission of the blaster, a requirement that residences and businesses within one-half mile of the blasting site receive written notice at least 72 hours prior to the blasting activity, and that a survey and photographs be provided in advance to property owners within one-half mile of the blasting site noting cracks and fissures in the structure; and  

WHEREAS, in addition to the increased state regulations, local governments in Tennessee should have the ability to enact their own blasting regulations to protect the safety and welfare of their citizens; and

WHEREAS, it is fitting and proper that the Tennessee General Assembly enact legislation that would impose more regulations on blasting activities and remove the state law preemption pertaining to the regulation of blasting.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1.          That the Metropolitan County Council hereby goes on record as supporting SB871/HB1165, SB872/1166, SB953/HB1321 and SB2201/HB2256 currently pending in the Tennessee General Assembly that would impose greater restrictions on blasting companies and would restore authority to local governments to regulate blasting activities.

Section 2.          The Metropolitan Clerk is directed to send a copy of this Resolution to each member of the Davidson County Delegation to the Tennessee General Assembly.

Section 3.          This Resolution shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Vivian Wilhoite, Robert Duvall, Carolyn Baldwin Tucker