Section 7-82-709 - Offsite utility improvements - Responsibility for improvements - Cost sharing - Section definitions(a) Unless otherwise provided for in this section, when the owner of real property applies for utility service from a utility system for residential or commercial development on the owner's property and the utility has an existing utility line or system immediately adjacent to the real property, the utility system shall not require the owner to construct or pay for the construction of any offsite utility improvements as a condition for service or permit issuance.(b)(1) If a utility system determines that offsite utility improvements must be constructed to provide the utility service requested and to maintain the utility's current level of service and capacity to serve its existing customers, then the utility system shall require the owner to construct or pay for the construction of such offsite utility improvements.(2) The utility system may require the owner to upgrade the offsite utility improvements required pursuant to subdivision (b)(1) to increase the utility system's capacity to serve future customers, but only pursuant to a cost-sharing arrangement between the owner and the utility system.(3) A utility system has sixty (60) days from the date on which a building permit is requested from the local government or state fire marshal to make the determinations in subdivisions (b)(1) and (2).(c) If the owner and the utility system are unable to agree upon the amount of the cost-sharing arrangement described in subdivision (b)(2), then the owner may request the Tennessee board of utility regulation to determine the cost-sharing amount.(d) For purposes of this section, "offsite utility improvement" means any utility improvement or utility extension beyond the boundary of the real property being developed by the owner.Amended by 2024 Tenn. Acts, ch. 820,s 2, eff. 4/29/2024.Repealed by 2023 Tenn. Acts, ch. 463, s 23, eff. 7/1/2023.Amended by 2022 Tenn. Acts, ch. 657, s 8, eff. 3/15/2022.Amended by 2020 Tenn. Acts, ch. 627, s 4, eff. 3/20/2020.Amended by 2018 Tenn. Acts, ch. 713, s 1, eff. 4/12/2018.Amended by 2013 Tenn. Acts, ch. 141, s 5, eff. 4/12/2013. Acts 1997 , ch. 483, § 23; 2007 , ch. 86, § 2; 2007 , ch. 243, § 3.