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Tennessee General Assembly· HB 1796Comp. SB subst.

Local Government, General - As enacted, enacts the "Essential Governmental Employee Housing Act of 2026"; makes related changes. - Amends TCA Title 5; Title 6; Title 7; Title 8; Title 9; Title 12 and Title 67. Companion , the official text

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Staie f/Jmnessee

                            PUBLIC CHAPTER NO. 1101

                                                    SENATE BILL NO. 1849

                                                        By Crowe, Massey

                                           Substituted for: House Bill No. 1796

                                                  By Tim Hicks, Alexander

AN ACT to amend Tennessee Code Annotated, Title 5; Title 6; Title 7; Title 8; Title 9; Title 12 and
         Title 67, relative to local government.

         WHEREAS, Chapter 498 of the Public Acts of 2019 was enacted by the General Assembly
and subsequently amended by Chapter 1006 of the Public Acts of 2024 by the Tennessee General
Assembly and was designated as the Regional Retail Tourism Development District Act. The
legislative purpose and basis of the act is to permit the creation of an additional retail district
incentivized with sales tax revenues in the upper East Tennessee area, which is a tourism gateway,
to complement the existing border region retail tourism development districts that have already been
certified for such area, which additional retail tourism development district would be located in the
other most populated county in such area; now, therefore,

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

          SECTION 1. Tennessee Code Annotated, Section 7-41-103, is amended by deleting
subdivision (11) and substituting:

                    (11) "Regional retail tourism development district" or "district" means one (1) or more
          parcels of real property located within a county:

                             (A) Having a population of not less than one hundred thousand (100,000),
                    according to the 2010 federal census or any subsequent federal census; and

                             (B) Which borders a county that has two (2) border region retail tourism
                    development districts certified pursuant to title 7, chapter 40, and for which some
                    boundary of the district, as defined in this subdivision (11 ), is no more than one-half
                    (1/2) mile from an existing federally designated interstate exit, is no more than twenty
                    (20) miles from the state border of two (2) neighboring states as measured by a
                    straight line, is no larger than a total area of nine hundred fifty (950) acres, and is
                    designated as a regional retail tourism development district by a municipal ordinance
                    and certified by the commissioner.

          SECTION 2. Tennessee Code Annotated, Title 9, is amended by adding the following as a
new chapter:

          9-6-101. Short title.

                    This chapter is known and may be cited as the "Essential Governmental Employee
          Housing Act of 2026."

          9-6-102. Chapter definitions.

                    As used in this chapter, unless the context requires otherwise:

                              (1) "Essential employee" means an employee of a local government or public
                    school system whose duties and responsibilities to the local government or public
                    school system are determined by the governing body to be critical to the effective
                    delivery of services by the local government or public school system;
SB 1849

                             (2) "Essential housing development" means any development consisting of
                   not less than one hundred (100) single- or multi-family dwelling units, located on one
                   (1) or more contiguous parcels of property, identified by the governing body as being
                   suitable for the provision of housing to essential employees in the manner described
                   in this chapter;

                             (3) "Governing body" means the body in which the general legislative powers
                   of a local government are vested; and

                             (4) "Local government" means a county, municipality, or metropolitan
                   government rated in the highest rating category for general obligation long-term debt
                   instruments (AAA/Aaa) by a nationally recognized rating agency for municipal
                   securities as of the effective date of this act.

          9-6-103. Purpose.

                   The general assembly finds that the lack of affordable housing for essential
          governmental employees within this state, including, but not limited to, teachers, law
          enforcement officers, and public safety employees, poses significant recruitment and
          retention burdens on local governments and impairs local governments' ability to provide
          effective and efficient services to their respective citizens. This chapter is intended to provide
          local governments with an additional tool to provide affordable housing to essential
          employees. This chapter must be liberally construed to provide governmental entities with
          the greatest possible flexibility in contracting with private entities or other persons to provide
          essential housing developments.

          9-6-104. Powers.

                    (a) Notwithstanding another law to the contrary, local governments may, directly or
          through the local government's housing authority created under the Housing Authorities Law,
          compiled in title 13, chapter 20, if applicable:

                              (1) Acquire, own, develop, lease, operate, and maintain one (1) or more
                    essential housing developments primarily within the jurisdiction of the local
                    government;

                              (2) Lease essential housing developments from one (1) or more persons
                    determined by the governing body to have demonstrated the ability to develop,
                    operate, and maintain housing developments of a similar nature, all on such terms as
                    may be approved by the governing body;

                              (3) Enter into contracts providing for the operation and maintenance of
                    essential housing developments with private entities or other persons determined by
                    the governing body to have demonstrated the capacity to provide such services for
                    similarly situated properties;

                              (4) Provide for the payment of, and security for, its lease payment obligations
                    related to an essential housing development by and through the following; provided,
                    that the maximum term of any lease entered into pursuant to this subdivision (a)(4)
                    must not exceed fifty-five (55) years:

                                       (A) A pledge of the local government's ad valorem tax revenue or other
                              funds of the local government;

                                       (8) A pledge of the local government's revenue collected by the local
                              government from the operations of the essential housing development; or

                                       (C) An agreement to annually appropriate funds of the local
                              government;

                              (5) Provide for the rental of the units of an essential housing development to
                    essential employees; provided, that the local government may also rent such units to
                    persons other than essential employees during periods in which such units are not
                    needed by essential employees;

                              (6) Adopt, implement, .and enforce any and all policies, rules, and regulations
                   •regarding the operations of an essential housing development, including without
                    limitation:

                                       (A) ·setting rental rates;

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SB 1849

                                        (B) Establishing the terms and conditions of rental agreements; and

                                        (C) The enforcement of such rental agreements; and

                              (7) Enter into any ancillary agreements deemed necessary or appropriate by
                    the governing body relating to the essential housing development.

                    (b) Notwithstanding subdivision (a)(4), a county, city, or town shall not give or loan the
          credit of the county, city, or town to or in aid of any person, company, association, or
          corporation, within the meaning of the Constitution of Tennessee, Article II, § 29, without first
          complying with the applicable requirements of the Constitution of Tennessee, Article II,§ 29.

          9-6-105. Financing for essential housing developments.

                    Any local gqvernment otherwise .authorized to issue bonds and notes pursuant to the
          Local Government Public Obligations Act of 1986, compiled in chapter 21 of this title, may
          issue its bonds and notes to fund the acquisition or improvement of an essential housing
          development, and to issue related refunding bonds, pursuant to the applicable provisions of
          the Local Government Public Obligations Act of 1986. An essential housing development
          constitutes a project for purposes of the Public Building Authorities Act of 1971, compiled in
          title 12, chapter 10, and title 7, chapter 53; a public works project for purposes of the Local
          Government Public Obligations Act of 1986; and the exercise of a power under § 13-20-104.
          The power to issue bonds under titles 7, 9, and 12 does not circumvent the procedures under
          this part, and this part must be followed, including the submission of a plan to the comptroller
          of the treasury.

          9-6-106. All actions by resolution.

                    All •actions of the governing body under this chapter must be accomplished by
          resolution of the governing body.

          9-6-107. No power of eminent domain.

                    This chapter does not empower a local government, an industrial development board,
          or a housing authority to exercise the power of eminent domain for the creation of an
          essential housing development or otherwise.

          9-6-108. Conflicts with other laws.

                    In the event of a conflict between this chapter and other law, including, without
          limitation, the Uniformity in Local Government Lease Financing Act of 2021, compiled in
          chapter 24 of this title, this chapter prevails.

          9-6-109·. Best interests determination.

                    (a) A local government, whether acting directly or through its housing authority, shall
          riot acquire, lease, or develop an essential housing development unless the local
          government first submits to the comptroller of the tre.asury a plan for the funding, financing,
          and operation of the essential housing development, and receives from the comptroller a
          written determination that such plan is in the best interest of the state. The comptroller of the
          treasury may establish guidelines outlining the contents of a plan.

                    (b) At a minimum, the plan submitted must describe the nature and feasibility of the
          project, how the public-private partnership for the entire project,· if any, is structured, the risks
          to the local government, how those risks are mitigated, and a description of .how the plan is in
          the best interest of the state.

                    '(c) The plan submitted _is deemed approved if the written determination by the
          comptroller is not'rendered within sixty (60)° days_:of the comptroller's receipt of the complete
          plan from the local government. The plan is not deemed received until complete, and the
          comptroller niay request any additional information ·as deemed necessary for the review of
          the plan.

          SECTION 3. The headings in this act are for reference purposes only and do not constitute a
part of the la:w ,enacted by this act. However, the Tennessee Code Commission is requested to
include the headings in any compilation or publication containing this act.

          SECTION 4. This act takes effect up.on becoming a law, the public welfare requiring it.

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         SENATE BILL NO. 1849

PASSED:  April 23, 2026

                                                    RANDY Mc
                                       SPEAKER OF THE S

                         CAMERON ScXTON, SPEAKER
                         HOUSE OF REPRESENTATIVES

0 M APPROVED this :;J;J,.,,J.. day of   2026

         ~lu__.
                    BILL LEE, GOVERNOR
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