Frequently Asked Questions
Training Requirements:
Pursuant to Tenn. Code Ann. §§ 7-34-115(j)(1), 7-82-308(f)(1), 68-221-605(f)(1) & 68-221-1305(f)(1), all local government board members that supervise, control, or operate a public natural gas, public water, or public sewer system, including, but not limited to, those systems using a separate utility board pursuant to any public or private act, must meet the training requirements.
Comptroller Trainings
The Comptroller’s Office currently provides 18 hours of online training at no cost. The Comptroller’s Office also offers periodic training classes at various locations throughout the State. For questions about Comptroller training opportunities, email utilities@cot.tn.gov or call the Comptroller’s utility line at 615.747.5260 to speak with a utility specialist.
External Trainings
Tenn. Code Ann. §§ 7-34-115(j)(5), 7-82-308(f)(7), 68-221-605(f)(4) & 68-221-1305(f)(4) provides that “[a]ny association or organization with appropriate knowledge and experience may prepare a training and continuing education curriculum" for all utility board members. Other training opportunities can be approved for credit. However, the material must be submitted to the Comptroller for review and approval before use. In order for a training curriculum to be approved, it must contain "board governance, financial oversight, policy-making responsibilities, and other topics reasonably related to the duties of the members of the board."
Internal Training
The Comptroller's office is also authorized to approve internal training as long as it is compliant with all the requirements listed above.
Retro-Active Approval
Training curricula must be submitted to the Comptroller’s Office for review and approval before use; retroactive approval is not available.
Curriculum Approval
Any organization wishing to have its training approved should fill out and file the form found here. Organizations must submit any changes and updates made to their curriculum. The statute also states that the training curriculum should be updated every three years and resubmitted to the Comptroller's office.
There is a two-tiered training requirement for all board members who supervise, control, or operate a utility system:
Initial Training: Each board member must obtain 12 hours of training within 12 months of their initial election or appointment. The initial 12 hours are required for the first election or appointment and not subsequent elections or appointments.
Continuing Education and Training: Once a board member has satisfied their initial 12 hours of training, their continuing education period of three years begins on the following January 1. Each board member must receive 12 hours of training within three years. As a best practice, it is recommended board members receive a minimum of 4 hours of training each calendar year.
Determining the Initial Year:
County, Metro, and Municipal Systems: If the board member was elected or appointed prior to the enactment of training legislation in 2017, their initial training period begins on the date of their re-election following April 12, 2017.
Utility Districts: If the board member was elected before the enactment of training legislation in 2010, their initial training period would have begun on their first re-election following June 30, 2010.
Pursuant to Tenn. Code Ann §§ 7-34-115(j)(8) and 7-82-308(f)(4), all utility governing body members are required to file an annual written statement with their local government by January 31 of each year. Please keep in mind that these statements should be filed solely with the local government, the Comptroller's Office does not retain these records. Members must file a training statement even if they did not attend any training within the past year. Furthermore, board members should maintain copies of appropriate supporting documentation, including proof of attendance or completion certificates, for at least two continuing education periods.
Training Extensions
A board member may request a training extension of up to six months from the Comptroller’s Office. The law requires the request “only be granted upon a reasonable showing of substantial compliance with this subsection (f). If the extension is granted, the board member must complete any additional required training hours necessary to achieve full compliance for only the relevant continuing education period within the extension period. The board member shall file copies of any extension request letters and corresponding Comptroller of the Treasury determination letters with the Tennessee Board of Utility Regulation.”
Penalties for Non-Compliance
The Tennessee Board of Utility Regulation has full discretion to order reasonable sanctions against the utility that the board member represents. These can include but are not limited to, losing the utility's ability to accept grants and issue debt. If the board member is found guilty of any of the charges, then the suspension shall be made permanent, and the board member will be ineligible for re-election.