RESOLUTION NO. RS2009-692

A resolution supporting SB0467/HB1562 currently pending in the Tennessee General Assembly that would allow local governments to enact more stringent blasting standards than the state law requirements.

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, 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, SB0467 sponsored by Senator Thelma Harper and HB1562 sponsored by Representative Ben West and Representative Brenda Gilmore would allow local governments to adopt more stringent provisions pertaining to blasting activities than what the state requires; and

WHEREAS, it is fitting and proper that the Tennessee General Assembly enact legislation that would 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 SB0467/HB1562 currently pending in the Tennessee General Assembly to allow local governments to enact more stringent blasting standards.

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: Robert Duvall, Vivian Wilhoite, Duane Dominy