AN ACT to amend Tennessee Code Annotated, Title 5; Title 6; Title 7; Title 13; Title 65 and Title 68, relative to infrastructure development.
Summary
SB2191 creates a new part of Tennessee law governing cost-sharing for offsite public infrastructure improvements tied to private development projects. It defines key terms such as developer, development, political subdivision, and public infrastructure, with public infrastructure including roads, sidewalks, stormwater facilities, utilities, and broadband that will be dedicated to public entities.
Under the bill, if a county, municipality, or metropolitan government determines that an offsite infrastructure improvement is necessary to serve future development, it may require the developer to build it or pay for it, but only through a cost-sharing arrangement based on the development’s proportionate impact or utilization of the infrastructure. The political subdivision must make that determination within 60 days of the developer’s request for approval. If the parties cannot agree on the amount, the owner may ask the Tennessee board of utility regulation to determine the cost-sharing amount. The local government’s share may be paid through impact fees, bond proceeds, or unencumbered tax revenues.
Impact
The bill would add a new statutory framework in Title 7 for allocating the cost of offsite public infrastructure improvements associated with private development. It gives local governments express authority to require developer participation in infrastructure costs, but also limits that authority by tying the required contribution to a proportionate-impact standard and by imposing a 60-day decision deadline. The bill also introduces a state-level dispute-resolution role for the Tennessee board of utility regulation when the developer and local government cannot agree on the cost-sharing amount.
Sentiment
The available committee votes suggest generally favorable sentiment toward the bill, with both committees recommending passage. The Senate State & Local Government Committee advanced the bill 7-2, and the Senate Finance, Ways and Means Committee advanced it 8-2 with amendments, indicating support for the bill’s overall approach while still leaving some members unconvinced or seeking changes.
Contention
The main point of contention appears to be how much cost for public infrastructure should be shifted to private developers versus borne by local government or the broader public. Supporters likely view the bill as a way to ensure growth pays for the infrastructure it requires and to provide a clearer, more predictable process for local approvals. Opponents or skeptical members may be concerned about the scope of local authority, the fairness of requiring developers to fund offsite improvements, the use of impact fees and tax revenues, and the involvement of the Tennessee board of utility regulation in resolving disputes over cost allocation.
Crossfiled
AN ACT to amend Tennessee Code Annotated, Title 5; Title 6; Title 7; Title 13; Title 65 and Title 68, relative to infrastructure development.
AN ACT to amend Tennessee Code Annotated, Title 7; Title 9; Title 12; Title 13; Title 66; Title 67 and Title 68, relative to infrastructure development districts.
AN ACT to amend Tennessee Code Annotated, Title 7; Title 9; Title 12; Title 13; Title 66; Title 67 and Title 68, relative to infrastructure development districts.
AN ACT to amend Tennessee Code Annotated, Title 7; Title 9; Title 12; Title 13; Title 66; Title 67 and Title 68, relative to infrastructure development districts.
AN ACT to amend Tennessee Code Annotated, Title 7; Title 9; Title 12; Title 13; Title 66; Title 67 and Title 68, relative to infrastructure development districts.
Payment rates established for certain substance use disorder treatment services, and vendor eligibility recodified for payments from the behavioral health fund.
Cover Outstanding Vulnerable Expansion-eligible Residents Now Act or the COVER Now Act This bill establishes a demonstration program to allow local governments to provide health benefits to the Medicaid expansion population in states that have not expanded Medicaid. Under the program, local governments may provide coverage for individuals who are newly eligible for Medicaid under the Patient Protection and Affordable Care Act (i.e., the Medicaid expansion population) for a maximum of 10 years, or until their respective states expand Medicaid. The bill provides a 100% federal matching rate for the first three years of program participation. The bill prohibits states from taking certain actions against participating localities, such as withholding funding, increasing taxes, or restricting provider participation. States that violate these requirements are subject to certain funding penalties.