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Tennessee General Assembly· HB 2509Transmitted to Governor for his action.

Housing - As enacted, establishes the community workforce housing innovation pilot program to be administered by the Tennessee housing development agency; authorizes the agency to provide loans to an applicant for constr, the official text

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                        $tate of \!Cennessee

                         PUBLIC CHAPTER NO. 1037

                                                  HOUSE BILL NO. 2509

     By Mr. Speaker Sexton, Representatives Faison, Gillespie, Williams, Reedy, Miller,
                                                    Alexander, Haston

                                       Substituted for: Senate Bill No. 2410

                                   By Senators Powers, Gardenhire, Stevens

         AN ACT to amend Tennessee Code Annotated, Title 7, Chapter 53; Title 13; Title 48,
Chapter 101, Part 3; Title 56 and Title 67, relative to housing.

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

          SECTION 1. Tennessee Code Annotated, Title 13, Chapter 23, Part 1, is amended by
adding the following as a new section:

                    (a) As used in this section:

                             (1) "Essential services personnel" means persons in need of affordable
                    housing who are employed in occupations or professions in which they are
                   considered essential services personnel, including law enforcement and public
                   safety officers, grocery store and restaurant employees, pharmacy employees,
                    healthcare providers, emergency personnel, and transportation and energy
                    sector employees;

                             (2) "Public-private partnership" means any form of business entity that
                    includes substantial involvement of at least one (1) county, one (1) municipality,
                    or one (1) public entity, such as an industrial development corporation, a health,
                   educational, and housing facility corporation, a school district, or other unit of the
                    local government in which the project is to be located, and at least one (1) private
                    sector for-profit or not-for-profit business or charitable entity, and may be any
                   form of business entity, including a joint venture or contractual agreement; and

                             (3) "Workforce housing" means housing affordable to natural persons or
                   families whose total annual household income is more than eighty percent (80%)
                    but does not exceed one hundred fifty percent (150%) of area median income,
                    adjusted for household size.

                    (b) There is established the community workforce housing innovation pilot
          program, referred to in this section as the "pilot program," to be administered by the
          agency.

                    (c) The purpose of the pilot program is to provide affordable rental and home
          ownership community workforce housing for persons affected by the high cost of
          housing, using regulatory incentives and state and local funds to promote local public-
          private partnerships and leverage government and private resources.

                    (d) The agency may provide community workforce housing innovation pilot
          program loans to an applicant for construction or rehabilitation of workforce housing in
          this state. This funding is intended to be used with other public and private resources.

                    (e) The agency shall establish a loan application process that includes selection
          criteria, an application review process, and a funding process. The agency shall
          determine which approved applicants will become program participants and determine
          the maximum loan amount for each program participant. Applications must be received
          on or before March 31, 2027.

                    (f) The agency shall provide incentives for local governments in eligible areas to
          use local affordable housing funds to assist in meeting the affordable housing needs of
HB2509

         persons eligible under this program. Local governments are authorized to use any
         available state affordable housing funds for persons or families whose total annual
         household income is more than eighty percent (80%) but does not exceed one hundred
         fifty percent (150%) of the area median income, adjusted for household size.

                   (g) Loans must be targeted to innovative projects in areas where the disparity
         between the area median income and the median sales price for a single-family home is
         greatest, and where population growth as a percentage rate of increase is greatest. The
         agency may also fund projects in areas where innovative regulatory and financial
          incentives are made available. The agency shall provide a loan for at least one (1)
         eligible project in the western grand division, one (1) eligible project in the middle grand
         division, and one (1) eligible project in the eastern grand division.

                   (h) Projects must receive priority consideration for loans where:

                             (1) The local jurisdiction has adopted, or is committed to adopting,
                   appropriate regulatory incentives, or the local jurisdiction or public-private
                   partnership has adopted or is committed to adopting local contributions or
                   financial strategies, or other funding sources to promote the development and
                   ongoing financial viability of such projects. Local incentives include such actions
                    as expediting review of development orders and permits, supporting
                   development near transportation hubs and major employment centers, and
                    adopting land development regulations designed to allow flexibility in densities,
                   use of accessory units, mixed-use developments, and flexible lot configurations.
                    Financial strategies include such actions as promoting employer-assisted
                    housing programs, providing tax increment financing, entering into an agreement
                   for payments in lieu of taxes, and providing land;

                             (2) Projects are innovative and include new construction or rehabilitation;
                    mixed-income housing, commercial and housing mixed-use elements, innovative
                   design, or other elements that reduce long-term costs relating to maintenance,
                    utilities, or insurance and promote homeownership. The program funding may
                    not exceed the costs attributable to the portion of the project that is set aside to
                   provide workforce housing; and

                             (3) Projects that set aside at least eighty percent (80%) of units for
                   workforce housing and for projects that require the least amount of program
                   funding compared to the overall housing costs for the project.

                    (i) The agency may provide interest-free loans when long-term affordability is
          provided and when at least eighty percent (80%) of the units are set aside for workforce
          housing.

                    0) All eligible applications shall:

                             (1) Demonstrate that the applicant is a public-private partnership in an
                   agreement, contract, partnership agreement, memorandum of understanding, or
                    other written instrument signed by all the project partners;

                             (2) Have grants, donations of land, contributions from the public-private
                    partnership, property tax savings resulting from execution of an agreement for
                    payments in lieu of taxes, or other sources collectively totaling at least ten
                    percent (10%) of the total development cost or two million dollars ($2,000,000),
                   whichever is less. Such grants, donations of land, contributions, tax savings, or
                    other sources must be evidenced by a letter of commitment, agreement, contract,
                    deed, memorandum of understanding, or other written instrument at the time of
                    application. Grants, donations of land, contributions, tax savings, and other
                   sources in excess of ten percent (10%) of the development cost must increase
                   the application score;

                             (3) Demonstrate how the applicant will use the regulatory incentives and
                   financial strategies outlined in subsection (h) from the local jurisdiction in which
                   the proposed project is to be located;

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                             (4) Demonstrate that the applicant possesses title to or site control of land
                   and evidences availability of required infrastructure;

                             (5) Demonstrate the applicant's affordable housing development and
                   management experience;

                             (6) Identify the applicant's plan to market units to essential services
                   personnel; and

                             (7) Provide any research or facts available that support the demand and
                   need for rental or home ownership workforce housing for eligible persons in the
                    market in which the project is proposed.

                    (k) The agency may promulgate rules to effectuate this section. The rules must
          be promulgated in accordance with the Uniform Administrative Procedures Act, compiled
          in title 4, chapter 5.

                    (I) On or before January 1, 2029, the agency shall review the success of the pilot
          program to ascertain whether the projects financed by the program are useful in meeting
         the housing needs of eligible areas and submit a report with its finding and
          recommendations to the state and local government committee of the senate and the
          committee of the house of representatives having jurisdiction over housing matters.

                    (m) It is the legislative intent to fully fund the pilot program with a one-time,
          nonrecurring appropriation of twenty million dollars ($20,000,000) in the appropriation
          act for fiscal year 2026-2027.

          SECTION 2. Tennessee Code Annotated, Section 48-101-312(b)(4), is amended by
deleting "tax-credit housing project" wherever it appears in subdivisions (A), (C), and (D) and
substituting instead "tax-credit housing project or workforce housing project".

          SECTION 3. Tennessee Code Annotated, Section 48-101-312(b)(4)(8), is amended by
deleting the subdivision and substituting instead:

                    (8) As used in this subdivision (b)(4):

                             (i) "Public-private partnership" has the same meaning as defined in
                    Section 1;

                             (ii) "Tax-credit housing project" means a project that has received an
                    allocation of low-income housing tax credits under Section 42 of the Internal
                    Revenue Code of 1986 (26 U.S.C. § 42), or any successor provision, from the
                   Tennessee housing development agency or is otherwise eligible for the tax
                    credits as the result of the issuance of bonds, the interest on which is not subject
                   to federal income taxation;

                              (iii) "Workforce housing" has the same meaning as defined in Section 1;
                    and

                              (iv) "Workforce housing project" means a project financed, in whole or in
                    part, by a community workforce housing innovation pilot program loan provided
                   to a public-private partnership by the Tennessee housing development agency
                    pursuant to Section 1 for construction or rehabilitation of workforce housing in
                   this state.

          SECTION 4. Tennessee Code Annotated, Section 7-53-305(a)(2), is amended by
deleting "tax-credit housing project" wherever it appears in subdivisions (A) and (B) and
substituting instead "tax-credit housing project or workforce housing project".

          SECTION 5. Tennessee Code Annotated, Section 7-53-305(a)(2), is amended by
deleting subdivisions (C) and (D) and substituting instead:

                    (C) As used in this subdivision (a)(2):

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HB2509
                             (i) "Public-private partnership" has the same meaning as defined in

                   Section 1;
                             (ii) "Tax-credit housing project" means a project that has received an

                   allocation of low-income housing tax credits under Section 42 of the Internal
                   Revenue Code of 1986 (26 U.S.C. § 42), or any successor provision, from the
                   Tennessee housing development agency or is otherwise eligible for the tax
                   credits as the result of the issuance of bonds, the interest on which is not subject
                   to federal income taxation;

                             (iii) "Workforce housing" has the same meaning as defined in Section 1;
                   and

                             (iv) "Workforce housing project" means a project financed, in whole or in
                   part, by a community workforce housing innovation pilot program loan provided
                   to a public-private partnership by the Tennessee housing development agency
                   pursuant to Section 1 for construction or rehabilitation of workforce housing in
                   this state.
                   (D) The corporation may acquire and lease a tax-credit housing project or
         workforce housing project as authorized in this chapter, notwithstanding any limitations
         in this chapter on the power of the corporation to purchase or otherwise acquire
          apartments or other rental property.
         SECTION 6. For the purpose of promulgating rules, this act takes effect upon becoming
a law, the public welfare requiring it. For all other purposes, this act takes effect July 1, 2026,
the public welfare requiring it.

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                    HOUSE BILL NO. 2509

PASSED:  April 23, 2026

                         Ct~
                             CAMERON SEXTON, SPEAKER
                            HOUSE OF REPRESENTATIVES

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                         '-                 RANDY~MCNAlLy

                         SPEAKER OF THE SENATE

1 APPROVED this J.( "':5T day of (V\o,.,.,  2026

         ~
BILL LEE, GOVERNOR
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