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Tennessee General Assembly· HB 890Comp. SB subst.

Taxes, Real Property - As enacted, limits the authority of a special purpose corporation to negotiate and enter into PILOT agreements with the corporation's lessees, as delegated to it by a municipality, if certain writt, the official text

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State f/Jenn&Ssee

                            PUBLIC CHAPTER NO. 820

                                                   SENATE BILL NO. 1398

                                                             By Watson

                                            Substituted for: House Bill No. 890

                                                        By Todd, Russell

AN ACT to amend Tennessee Code Annotated, Title 48 and Title 67, relative to real property taxes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

          SECTION 1. Tennessee Code Annotated, Section 48-101-312(b), is amended by deleting
subdivisions (1) and (2) and substituting instead:

                    (1)(A) The municipality may delegate to a corporation the authority to negotiate and
                    enter into payments in lieu of ad valorem taxes with a corporation's lessees; provided,
                    that such authorization must only be granted upon a finding that such payments are
                    deemed to be in furtherance of the corporation's public purposes as defined in this
                    subsection (b). The legislative body of the municipality making such delegation may,
                    in its sole discretion, require the corporation to submit any such agreement to the
                    legislative body for its approval.

                              (8) Further, if the proposed agreement would result in payments in lieu of
                    taxes being made to any taxing jurisdiction that are less than the taxes that otherwise
                    would be payable to such jurisdiction, then the corporation shall not enter into any
                    such agreement until the corporation has given written notice of such agreement to
                    the chief executive officer of each such taxing jurisdiction. Upon receipt of such
                    notice, the chief executive officer may either:

                                        (i) Notify the corporation that the agreement must be submitted to the
                              legislative body of that taxing jurisdiction for approval or disapproval; or

                                        (ii) Notify the corporation that the chief executive officer does not
                              object to the proposed agreement.

                              (C) If the chief executive officer does not provide a notification to the
                    corporation within ten (10) days of receipt of the notice from the corporation pursuant
                    to subdivision (b)(1 )(8), then the corporation may proceed to enter into the proposed
                    agreement.

                              (D) If the chief executive officer requires that the agreement be submitted to
                    the legislative body of the taxing jurisdiction, then the corporation shall not enter into
                    the agreement unless the agreement is approved by such legislative body.

                    (2) If the project is located within the corporate limits of a municipality, the payments
          must be apportioned between the municipality and the county in the same manner as ad
          valorem taxes are apportioned on the date of execution of the agreement for payments in
          lieu of taxes. However, any agreement entered into on or after July 1, 2026, without
          complying with subdivision (b)(1}, is void and unenforceable.

          SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it.
         SENATE BILL NO. 1398

PASSED:  April 9, 2026

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                                           RANDYN~
                        '

                                      SPEAKER OF THE SENATE

                            ...........
                                           - ,fQN, SPEAKER

                           HOUSE OF REPRESENTATIVES

APPROVED this :J:]l::L day of Ax:,'j       2026

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                       BILL LEE, GOVERNOR
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