reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 14 - DEVELOPMENT DISTRICT ACT OF 1965 (§§ 13-14-101 — 13-14-208) › Part 2 - COMMUNITY-BASED DEVELOPMENT ORGANIZATIONS (§§ 13-14-201 — 13-14-208) › Section 13-14-204 - Available assistance

In carrying out this part, any, or a combination of the following, may be provided:
(1)
Grants to initiate new community-based development organizations in communities lacking one;
(2)
Grants to existing community-based development organizations to extend their capacity to meet the housing and job creation needs of their service area, including staffing and reasonable administrative costs;
(3)
Grants to community-based development organizations for strategic planning towards project identification, selection and implementation;
(4)
Grants to community-based development organizations for projects that combine community-based social service programs with related jobs for low and moderate income persons to promote community revitalization;
(5)
Grants to community-based development organizations for housing development projects to build and renovate single and multi-family housing;
(6)
Grants to community-based development organizations for job creation projects which promote small business development by low and moderate income entrepreneurs and nonprofit organizations, for the placement of low income people in jobs with attendant support, and the retention of those jobs; and
(7)
Technical assistance to developing community-based development organizations, and existing community-based development organizations to carry out this part. For purposes of this part, technical assistance includes, but is not limited to, training and assisting community-based development organizations with:
(A)
Conducting needs assessments;
(B)
Training boards of directors;
(C)
Staff development training;
(D)
Recruiting project development teams;
(E)
Determining and applying for available assistance;
(F)
Conducting feasibility studies;
(G)
Financial planning;
(H)
Preparing project budgets;
(I)
Proposal writing;
(J)
Organizational structure and design;
(K)
Generating local support; and
(L)
Obtaining legal and accounting advice.
Acts 1996, ch. 1032, § 4.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 14 - DEVELOPMENT DISTRICT ACT OF 1965 (§§ 13-14-101 — 13-14-208) › Part 2 - COMMUNITY-BASED DEVELOPMENT ORGANIZATIONS (§§ 13-14-201 — 13-14-208) › Section 13-14-205 - Preferences in granting assistance

In carrying out this part, preference shall be given to community-based development organizations that:
(1)
Serve a geographic area or a population of individuals effectively marginalized due to its small numbers, high ratio of African-American residents, persistent poverty, disability or other factors which effectively result in structural disinvestment; and
(2)
Can demonstrate support from the community, particularly the community which will directly benefit from the development efforts.
Acts 1996, ch. 1032, § 5.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 14 - DEVELOPMENT DISTRICT ACT OF 1965 (§§ 13-14-101 — 13-14-208) › Part 2 - COMMUNITY-BASED DEVELOPMENT ORGANIZATIONS (§§ 13-14-201 — 13-14-208) › Section 13-14-206 - Authority to implement rules

Rules may be developed by the state to carry out this part, including rules to define "persons of low and moderate income."
Acts 1996, ch. 1032, § 6.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 14 - DEVELOPMENT DISTRICT ACT OF 1965 (§§ 13-14-101 — 13-14-208) › Part 2 - COMMUNITY-BASED DEVELOPMENT ORGANIZATIONS (§§ 13-14-201 — 13-14-208) › Section 13-14-207 - Authority

Nothing in this part shall limit the authority or powers of community-based development organizations currently authorized under the law.
Acts 1996, ch. 1032, § 7.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 14 - DEVELOPMENT DISTRICT ACT OF 1965 (§§ 13-14-101 — 13-14-208) › Part 2 - COMMUNITY-BASED DEVELOPMENT ORGANIZATIONS (§§ 13-14-201 — 13-14-208) › Section 13-14-208 - Administrative expenses

Any grant program authorized under this part to support the creation and expansion of economic development efforts by community-based organizations shall authorize the community-based development organization to utilize up to five percent (5%) of the funds for the administration of the grant program, including, but not limited to, accounting expenses associated with the grant program, not to exceed twenty thousand dollars ($20,000).
Acts 1997, ch. 249, § 1.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 16 - INDUSTRIAL DEVELOPMENT (§§ 13-16-101 — 13-16-107) › Section 13-16-101 - Short title

This part shall be known as the "Industrial Park Act."
Acts 1959, ch. 169, § 1; T.C.A., § 13-1301; T.C.A., §
13-16-201
.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 16 - INDUSTRIAL DEVELOPMENT (§§ 13-16-101 — 13-16-107) › Section 13-16-102 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Governing body" means the board or body in which the general legislative powers of a municipality are vested;
(2)
"Industrial park" means land and rights, easements and franchises relating thereto, and may include adequate roads and streets, water and sewer facilities, utilities, and docks and terminals, as required for the use of industry, and such appurtenant land for necessary incidental use. "Industrial park" may also include a site for the establishment or location of a single industry;
(3)
"Industrial park agency" means the governing body, or the commission, board, or other agency to which powers under this part have been delegated by the governing body; and
(4)
"Municipality" means any county or incorporated city or town in this state.
Acts 1959, ch. 169, § 4; T.C.A., § 13-1302; T.C.A., §
13-16-202
.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 16 - INDUSTRIAL DEVELOPMENT (§§ 13-16-101 — 13-16-107) › Section 13-16-104 - Control of industrial parks

(a)
The governing body of any municipality may exercise direct control in the development, operation and maintenance of any industrial park, or may delegate by ordinance or resolution any or all powers to a commission or board, the composition, terms of office, appointment, and compensation to be determined by the governing body in such ordinance or resolution.
(b)
Such powers may be delegated to an industrial development corporation created under title 7, chapter 53, to any existing port authority, to a regional megasite authority created under title 64, chapter 6 or to similar bodies available to act as an instrumentality of the municipality.
Acts 1959, ch. 169, § 6; T.C.A., § 13-1304; Acts 2009, ch. 158, § 16; T.C.A., §
13-16-204
.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 16 - INDUSTRIAL DEVELOPMENT (§§ 13-16-101 — 13-16-107) › Section 13-16-105 - Provision for public services

(a)
Public services required by industries should be provided by governmental and private units and agencies responsible for such services in areas encompassing industrial parks, such as financing and installation of utility services and utility agencies, construction and maintenance of service roads and streets, and storm sewers where needed, by counties or cities, and building of dock and harbor facilities by counties, cities or port authorities.
(b)
Governmental and private units and agencies are empowered to provide such services in connection with the development of industrial parks under this part.
Acts 1959, ch. 169, § 3; T.C.A., § 13-1305; T.C.A., §
13-16-205
.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 16 - INDUSTRIAL DEVELOPMENT (§§ 13-16-101 — 13-16-107) › Section 13-16-106 - Municipalities acting jointly

The powers conferred upon municipalities under this part may be exercised by two (2) or more municipalities acting jointly, in which event the governing bodies of the municipalities acting jointly shall provide by contract the manner of development, operation and maintenance of industrial parks, or the powers may be delegated by resolution to a joint commission or board, the composition, terms of office, appointment, and compensation of same to be fixed by agreement of the governing bodies of such municipalities acting jointly. Such powers may also be delegated to an industrial development corporation created under title 7, chapter 53, to a port authority, to a regional megasite authority created under title 64, chapter 6, or to similar bodies available to act as instrumentalities of municipalities as specified in §
13-16-104
.
Acts 1959, ch. 169, § 7; T.C.A., § 13-1306; Acts 2009, ch. 158, § 17; T.C.A., §
13-16-206
.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 18 - MAJOR ENERGY PROJECT ACT OF 1981 (§§ 13-18-101 — 13-18-128) › Section 13-18-101 - Short title

This chapter shall be known and may be cited as the "Major Energy Project Act of 1981."
Acts 1981, ch. 131, § 1.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 18 - MAJOR ENERGY PROJECT ACT OF 1981 (§§ 13-18-101 — 13-18-128) › Section 13-18-104 - Joint review team - State lead agency - Local lead agency

(a)
If a project is designated a major energy project and approved for the joint review process, a joint review team shall be formed. The state agencies in the team shall be designated by the governor and shall include all departments or agencies whose approval will be required for any state-issued permit which the project may require. The governor shall designate one (1) agency to be the state lead agency.
(b)
In addition to state agencies, the team shall include any local agencies whose approvals may be required in the development of the project. The joint review staff shall be responsible for identifying and contacting each involved local agency. If a local government has more than one (1) involved agency, its chief executive officer shall designate the local lead agency.
(c)
In addition to state and local agencies, federal agencies whose approvals may be required in the development of the project shall be invited to join the team. The joint review staff shall be responsible for identifying and contacting each involved local agency.
(d)
In addition to all governmental agencies, the team shall include the project applicant as an ex officio member.
Acts 1981, ch. 131, § 4.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 18 - MAJOR ENERGY PROJECT ACT OF 1981 (§§ 13-18-101 — 13-18-128) › Section 13-18-105 - Duty of joining local agency to participate in and abide by joint review process schedule

If a local agency joins the team, the head of that agency and the chief executive officer of the local government in which the agency is located shall agree to participate in the joint review process and abide by the project decision schedule for all locally required permits, licenses, or other approvals. Such agreement shall not negate the independent authority of the local agency or government to issue its ultimate approval or disapproval, so long as such decision is made in accordance with the project decision schedule.
Acts 1981, ch. 131, § 5.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 18 - MAJOR ENERGY PROJECT ACT OF 1981 (§§ 13-18-101 — 13-18-128) › Section 13-18-106 - Joining federal agency to cooperate and abide by schedule

If a federal agency joins the team, it shall abide by the project decision schedule and cooperate in the joint review process, insofar as is possible and consistent with federal law.
Acts 1981, ch. 131, § 6.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 18 - MAJOR ENERGY PROJECT ACT OF 1981 (§§ 13-18-101 — 13-18-128) › Section 13-18-107 - Meeting of joint review team - Timing - Notice

(a)
After all involved state, local, and federal agencies have been identified, the joint review staff shall call a meeting of the joint review team.
(b)
Such meeting shall be called not more than six (6) weeks after the project is designated a major energy project, and the participants shall be given at least two (2) weeks notice of the meeting. The notice shall include the time, date and place of the meeting, the agenda to be considered, and any additional information needed to inform participants or the public of the purpose of the meeting. The notice shall be advertised in a newspaper of general circulation.
Acts 1981, ch. 131, § 7.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 18 - MAJOR ENERGY PROJECT ACT OF 1981 (§§ 13-18-101 — 13-18-128) › Section 13-18-108 - Selection of team leader - Presentation by applicant - Draft agreement

(a)
At the first meeting, the joint review team shall select a participating agency to be team leader.
(b)
The applicant shall make a presentation to the team at this meeting on the project, stating what actions it has already undertaken, what actions will be undertaken in the future, and what actions it would like the team to take.
(c)
Based on the information submitted by the applicant to the contact agency, the joint review staff shall submit a draft agreement of responsibilities to the team describing the statutory and regulatory jurisdiction, duties and responsibilities of each permitting and nonpermitting agency at each level of government that may review the proposed project. It shall also describe the responsibilities and general schedule of the applicant.
Acts 1981, ch. 131, § 8.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 18 - MAJOR ENERGY PROJECT ACT OF 1981 (§§ 13-18-101 — 13-18-128) › Section 13-18-109 - Second meeting - Completion of agreement of responsibility

(a)
After the team members have had a reasonable time to review the draft agreement and the applicant's presentation, but not more than four (4) weeks, the team leader shall call a second meeting. At this meeting the team shall complete the agreement of responsibility. When completed it shall be signed by the team members.
(b)
Notice of this meeting shall be given in accordance with §
13-18-107
.
Acts 1981, ch. 131, § 9.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 18 - MAJOR ENERGY PROJECT ACT OF 1981 (§§ 13-18-101 — 13-18-128) › Section 13-18-110 - Additional meetings

(a)
After the agreement of responsibility has been signed, the team shall hold such additional meetings as it deems necessary to hear public comment, to gather information on the project, and clarify the responsibilities of the team members. At these meetings, the team and the applicant shall also develop a tentative project decision schedule.
(b)
At least two (2) of these meetings shall be held in the vicinity of the project site.
(c)
Not more than fourteen (14) weeks shall be used to complete this process.
(d)
Adequate public notice shall be given prior to each meeting, in accordance with §
13-18-107
.
Acts 1981, ch. 131, § 10.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 18 - MAJOR ENERGY PROJECT ACT OF 1981 (§§ 13-18-101 — 13-18-128) › Section 13-18-111 - Consolidation of applications - Project decision schedule

(a)
During the meetings provided for in §
13-18-110
, the applicant and the involved agencies shall agree whether or not to attempt a coordination of applications. If possible, the applicant and the team should attempt to agree on one (1) consolidated application designed to satisfy the requirements of all participating agencies without violating administrative and substantive law.
(b)
If one (1) consolidated application is not possible, the applicant and the team shall endeavor to consolidate as many different applications as possible into one (1) application. It is expected that all state and local applications will be so consolidated.
(c)
When agreement on consolidation of applications has been reached, a project decision schedule shall be adopted to chart the application and approval process. The schedule may subsequently be modified by the team if necessary, but the general time limits agreed on by the applicant and the permitting agencies should be maintained.
Acts 1981, ch. 131, § 11.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 18 - MAJOR ENERGY PROJECT ACT OF 1981 (§§ 13-18-101 — 13-18-128) › Section 13-18-112 - Preapplication meetings - Failure to participate

(a)
Beginning as early in the joint review process as possible, but not less than thirty (30) days prior to application, the applicant and permitting agencies shall hold preapplication meetings to determine what each expects from the other so as to accelerate the application process.
(b)
The applicant shall also meet with public individuals and groups who have expressed or have identified interests in the project, either through the medium of the meeting provided for in §§
13-18-108
- 13-18-110, or otherwise, to identify and deal with the concerns of such persons.
(c)
If persons who have had the opportunity to participate in preapplication meetings and raise concerns did not do so, it shall be noted in the application record.
(d)
Notice of such meetings shall be given in accordance with §
13-18-107
.
Acts 1981, ch. 131, § 12.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 18 - MAJOR ENERGY PROJECT ACT OF 1981 (§§ 13-18-101 — 13-18-128) › Section 13-18-113 - Implementation and compliance with project decision schedule

(a)
When the project decision schedule has been agreed on, the application shall be submitted and actions taken in accordance with it. Each permitting agency and the applicant shall endeavor to comply with the schedule so as to complete the permitting process as expeditiously as possible, with due regard for public health, safety, and welfare, and the rights of the applicant. The team leader shall monitor implementation of the schedule and act to resolve delays or disputes.
(b)
No project decision schedule shall encompass a period of more than two (2) years unless the team finds that additional time is necessary.
(c)
The time limits for agencies' actions set out in the project decision schedule shall be followed unless the team determines that different deadlines would help expedite or coordinate government review.
(d)
Notwithstanding any other provision of law, the time limits and special procedures imposed by the project decision schedule shall constitute the lawful decision-making deadlines and procedures for reviewing applications filed by the applicant.
Acts 1981, ch. 131, § 13.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 18 - MAJOR ENERGY PROJECT ACT OF 1981 (§§ 13-18-101 — 13-18-128) › Section 13-18-114 - Special procedures for state agencies authorized

(a)
Notwithstanding any other provision of law, the team may establish special procedures in the project decision schedule for any state agency subject to such schedule.
(b)
Such procedures shall be consistent with all statutes and rules, regulations and orders promulgated by the agency except that the team may require the agency to:
(1)
Consolidate, to the maximum extent practicable, its proceedings respecting actions and decisions which are subject to the project decision schedule with the proceedings of other agencies, including other state and local agencies which are also subject to such schedule;
(2)
Establish permit, license, and other filing requirements which eliminate unnecessary duplication, and, to the maximum extent practicable, provide for uniform collection, analysis, and reporting of such data;
(3)
Substitute legislative-type hearings in lieu of trial-type hearings; provided, that in any cases in which:
(A)
A formal hearing including an opportunity for cross-examination of witnesses is authorized by any provision of statute other than this chapter; and
(B)
The agency determines there is a genuine and substantial dispute of fact which can only be resolved with sufficient accuracy by the introduction of evidence in a formal hearing; the agency shall designate such dispute for resolution in a formal hearing conducted in accordance with the statute providing for such hearing;
(4)
Shorten time periods for actions required by agency procedures;
(5)
Conduct hearings, except where such hearings are conducted pursuant to subdivision (b)(3), in which parties may submit such written data, views, or arguments and such written responses to the data, views or arguments submitted by other parties, as the team, agency, or the presiding employee may specify and in which oral presentation is limited to brief oral argument with respect to the written submissions;
(6)
Establish procedures for issuing final decisions in which the presiding employee at any hearing may be required to certify the hearing record to the agency for decision without an initial decision. Such procedures may also require the presiding employee to submit the record to the agency without a recommended or tentative decision, but with such analysis of the record as the agency may specify. The agency itself shall then make the decision; or
(7)
Utilize any combination of procedures authorized by this subsection (b).
Acts 1981, ch. 131, § 14.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 18 - MAJOR ENERGY PROJECT ACT OF 1981 (§§ 13-18-101 — 13-18-128) › Section 13-18-115 - Judicial action to enforce schedule

(a)
If any state or local agency has failed or is reasonably likely to fail to comply with a project decision schedule, the team leader may bring an enforcement action in the appropriate chancery court.
(b)
In any action brought under this section, if the court determines that any state or local agency has failed or is reasonably likely to fail to comply with a project decision schedule, the court shall order the agency to act in accordance with the existing schedule where such action would be practical and would not deny any person due process of law.
(c)
If the court determines that the agency has failed or is reasonably likely to fail to comply with a project decision schedule but that action in accordance with the project decision schedule would clearly be impracticable or would deny any person due process of law, the court shall instruct the team to revise the project decision schedule to require the agency to complete consideration of the applicant's request as soon as practicable, consistent with due process of law. Immediately upon receipt from the team of a certified copy of the revised project decision schedule, the court shall issue an order directing the agency to comply with such schedule.
(d)
Notwithstanding any other provision of law including any other provision of this chapter, any action brought under this section shall be assigned for hearing and completed at the earliest possible date, shall, to the greatest extent practicable, take precedence over all other matters pending on the docket of the court at the time, and shall be expedited in every way by such court.
Acts 1981, ch. 131, § 15.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 18 - MAJOR ENERGY PROJECT ACT OF 1981 (§§ 13-18-101 — 13-18-128) › Section 13-18-116 - Consolidated hearings

(a)
If agreed to by the team and the applicant, consolidated hearings shall be used when possible. Such hearings shall include all hearings which agencies would be required to conduct individually. The team and the applicant shall determine which agencies shall be included in the consolidated hearings, but no agency shall be included over the objection of the applicant, if the action required from that agency is merely routine or administrative. If an application by the applicant to a particular agency would not otherwise require a hearing, such agency shall not be included in the consolidated hearing and no action taken in the consolidated hearing shall delay such application.
(b)
The consolidated hearing is intended to combine public hearings concerned with similar regulatory topics, e.g., water quality, into one (1) hearing, thus avoiding the need for additional individual hearings. Issues to be considered in the hearing must be common to each agency and clearly indicated in the agenda and public notice. A common hearing procedure must be developed that satisfies due process and individual agency statutes. One (1) hearing record should be prepared for use by each agency.
(c)
Procedural and organizational arrangements for the hearing should be made as far in advance as possible. Guidelines for organizing the hearing are provided below:
(1)
The team and applicant should identify those public hearings that could be coordinated. If possible, such identification should occur when the project decision schedule is formulated;
(2)
The team, in conjunction with the applicant and relevant agencies, should decide whether it is feasible to coordinate those hearings and which coordinated approach would be desirable;
(3)
Assuming coordination is feasible, the team leader should appoint one (1) team member to develop a coordinated hearing plan;
(4)
The team member assigned to develop the plan will arrange various meetings, as necessary, with relevant agency representatives, their attorneys and the proponent to develop and review proposed plans;
(5)
Once a plan has been agreed upon, the decision schedule should be modified, if necessary, to reflect the hearing agreement;
(6)
If the participating agencies and the proponent agree, the team member assigned to coordinate development of the joint hearing plan should continue to coordinate implementation of the plan; and
(7)
The coordinated hearing plan should be discussed at one (1) or more team meetings to allow for public comment.
Acts 1981, ch. 131, § 16.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 18 - MAJOR ENERGY PROJECT ACT OF 1981 (§§ 13-18-101 — 13-18-128) › Section 13-18-117 - State or local timing provisions modified to coincide with federal law

To effect maximum consolidation and coordination of the permitting process, any state or local law or regulation on the timing for filing documents, holding hearings, or providing notice is hereby modified to the necessary extent to coincide with the applicable federal law or regulation, if the federal agency involved participates in the joint review process.
Acts 1981, ch. 131, § 17.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 18 - MAJOR ENERGY PROJECT ACT OF 1981 (§§ 13-18-101 — 13-18-128) › Section 13-18-118 - Waiver of state or local law enacted after commencement of construction

(a)
The joint review team is authorized to waive application of any state or local statutes, regulations, or requirements enacted or promulgated after the commencement of construction of a major energy project, unless the general assembly explicitly prohibits such waiver. No waiver pursuant to this section shall take effect unless:
(1)
The team finds that the waiver is necessary to ensure timely and cost-effective completion and operation of the facility; and
(2)
The team, after consultation with the agency responsible for implementing the statute, regulation, or requirement to be waived, finds that the waiver will not unduly endanger public health or safety.
(b)
(1)
For the purposes of this section, "commencement of construction" means that the owner or operator of a major energy project has obtained all necessary preconstruction approvals or permits required by state or local laws or regulations and either has:
(A)
Begun or caused to begin, a continuous program of physical on-site construction of the facility, including site clearance, grading, dredging, or land filling in preparation for the fabrication, erection, or installation of the building components of the facility; or
(B)
Entered into binding agreements or contractual obligations, which cannot be cancelled or modified without substantial loss to the owner or operator, to undertake a program of construction of the facility to be completed within a reasonable time.
(2)
For the purpose of this subsection (b), interruptions resulting from acts of God, strikes, litigation, or other matters beyond the control of the owner shall be disregarded in determining whether such construction is continuous.
Acts 1981, ch. 131, § 18.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 18 - MAJOR ENERGY PROJECT ACT OF 1981 (§§ 13-18-101 — 13-18-128) › Section 13-18-119 - Modification of project decision schedule

(a)
At any time prior to the completion of the major energy project, the joint review team may:
(1)
Revise the special procedures for state or local agencies on the project decision schedule;
(2)
Add new special procedures for state or local agencies on the project decision schedule;
(3)
Revise any deadline on the project decision schedule; or
(4)
Add any new deadline on the project decision schedule.
(b)
No modification in the project decision schedule shall be allowed unless the team determines that:
(1)
Such modification would further the purposes of this chapter;
(2)
Continued adherence to the schedule would be impractical or would not be in the public interest;
(3)
In the case of a request for a modification by an agency, that the agency has exercised due diligence in attempting to comply with the schedule;
(4)
In the case of a request for a modification by an applicant, that the applicant has exercised due diligence in attempting to comply with the schedule; and
(5)
Except as provided by this section, such modification is consistent with §
13-18-114
and is published in a newspaper of general circulation.
Acts 1981, ch. 131, § 19.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 18 - MAJOR ENERGY PROJECT ACT OF 1981 (§§ 13-18-101 — 13-18-128) › Section 13-18-120 - Certification of approvals - Effect

(a)
If the joint review team has been notified by the agencies with authority to grant such approvals or perform such actions, or by a reviewing court, that all agency actions and approvals on the project decision schedules relating to a priority energy project:
(1)
Have been granted;
(2)
Have been performed; or
(3)
Are not necessary;
and if judicial review of such actions or approvals is completed, then the team shall certify the same. Such certification shall indicate any conditions and the expiration date of any approvals that have been granted to the project.
(b)
A certificate issued by the team under subsection (a) shall constitute conclusive evidence in any judicial or executive proceeding that all actions and approvals necessary to the completion and initial operation of the project have been granted for the duration and subject to the conditions specified on the certificate.
Acts 1981, ch. 131, § 20.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 18 - MAJOR ENERGY PROJECT ACT OF 1981 (§§ 13-18-101 — 13-18-128) › Section 13-18-121 - Intervention or appearance in other action

(a)
The joint review team, or the applicant individually, may intervene in any state or local agency proceeding if such agency proceeding involves an action pursuant to this chapter or involving the project.
(b)
The joint review team, or the applicant individually, may appear as a party of right in any judicial proceeding involving an action pursuant to this chapter or involving the project.
Acts 1981, ch. 131, § 21.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 18 - MAJOR ENERGY PROJECT ACT OF 1981 (§§ 13-18-101 — 13-18-128) › Section 13-18-122 - Appeals - Consequent revision of project decision schedule

(a)
Any judicial appeal which is provided for in the permitting process of any individual agency shall be permitted when such agency joins in the joint review process, and any action of the joint review team in conducting such process may be appealed if such action by the permitting agency would be appealable.
(b)
Unless specified otherwise, appeals shall be made to the chancery court for Davidson County, and shall be given priority by that court and heard before any other action not already under consideration by that court.
(c)
Any appeal from a decision of the chancery court shall be made directly to the Tennessee supreme court and be expedited by that court. Any review by the Tennessee supreme court shall be assigned for hearing and completed at the earliest possible date, shall to the greatest extent practicable take precedence over all other matters on the docket of the court at that time, and shall be expedited in every way by such court.
(d)
Immediately following any decision remanding to an agency any case or controversy involving the validity of this chapter or an action pursuant to this chapter, the joint review team shall revise the project decision schedule as necessary to expedite any further proceedings required by the decision of the court. Such revisions shall be consistent with §
13-18-119
.
Acts 1981, ch. 131, § 22.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 18 - MAJOR ENERGY PROJECT ACT OF 1981 (§§ 13-18-101 — 13-18-128) › Section 13-18-123 - Time limits for petitions for review

(a)
Except as provided by subsection (b), any petition for review of any action pursuant to this chapter or of the validity of this chapter shall be brought not later than twenty (20) days following the date of actual or constructive notice of the final agency action relating to the action which is being challenged.
(b)
Any petition for review of the reasonableness of any deadline in a project decision schedule shall be brought not later than thirty (30) days after such deadline is listed on the project decision schedule and published in a newspaper of general circulation or such challenge shall be barred. The party challenging the reasonableness of the deadline shall have the burden of proof.
(c)
Any petition for review of the validity of this chapter or of any action pursuant to this chapter shall be barred unless a complaint is filed prior to the expiration of time limits prescribed by subsections (a) and (b).
Acts 1981, ch. 131, § 23.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 18 - MAJOR ENERGY PROJECT ACT OF 1981 (§§ 13-18-101 — 13-18-128) › Section 13-18-124 - Limitations on injunctive relief not part of final judgment

(a)
Except as provided in subsection (b), no court shall have jurisdiction to grant any injunctive relief lasting longer than ninety (90) days against any act pursuant to this chapter, except in conjunction with the final judgment entered in a case.
(b)
No court shall have jurisdiction to grant any injunctive relief preventing the enforcement of a project decision schedule except in conjunction with a final judgment. If the court on review determines that a deadline on a project decision schedule is not reasonable, the court may instruct the board to extend the deadline period.
Acts 1981, ch. 131, § 24.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 18 - MAJOR ENERGY PROJECT ACT OF 1981 (§§ 13-18-101 — 13-18-128) › Section 13-18-125 - Expedited review procedure

If the applicant seeks an expedited review under §
13-18-103(c)
, the applicant and the agencies which are involved may utilize any provision of this chapter, including project decision schedules, consolidated hearings, and all provisions for expedited judicial review. When using a procedure, such as a project decision schedule, the applicant and the agency or agencies involved in the expedited review, acting together, are authorized to take any action or do anything that a joint review team may or should do, and for that purpose may act as a joint review team.
Acts 1981, ch. 131, § 25.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 18 - MAJOR ENERGY PROJECT ACT OF 1981 (§§ 13-18-101 — 13-18-128) › Section 13-18-126 - All state entities authorized to provide assistance - Composition of joint review staff - Loans of personnel

(a)
All departments, agencies, or other entities of state government, including the University of Tennessee and institutions operated by the board of regents, are authorized to provide any assistance requested by the joint review team, the team leader, or the contact agency.
(b)
The joint review staff may be drawn from any of the preceding entities and personnel shall be placed on loan to the team at the request of the team leader. The loan shall continue for the term of the joint review process, and for a reasonable time thereafter, and during such period the compensation, benefits, and expenses of such loaned employee shall continue to be paid by the employing entity.
Acts 1981, ch. 131, § 47.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 18 - MAJOR ENERGY PROJECT ACT OF 1981 (§§ 13-18-101 — 13-18-128) › Section 13-18-127 - Rules and regulations

The contact agency or joint review team or team leader is authorized to promulgate rules and regulations to effectuate the purposes of this chapter. Rules and regulations procedural in nature only shall not be subject to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Any other rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act.
Acts 1981, ch. 131, § 46.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 18 - MAJOR ENERGY PROJECT ACT OF 1981 (§§ 13-18-101 — 13-18-128) › Section 13-18-128 - Statutory purpose - Liberal construction

This chapter is declared to be remedial in nature to reduce the reliance of Tennessee on imported energy products, and this chapter shall be liberally construed to effectuate its purposes and provide for the most rapid development of major energy projects consistent with public health and safety.
Acts 1981, ch. 131, § 45.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 19 - ENERGY CONSERVATION CODE (§§ 13-19-101 — 13-19-108) › Section 13-19-101 - [Repealed]

Repealed by 2023 Tenn. Acts, ch. 312,s 2, eff. 7/1/2023.
Acts 1978, ch. 888, § 1; T.C.A., § 13-2501; Acts 1993, ch. 193, §1; 1994, ch. 977, §1; 2003 , ch. 329, § 1.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 19 - ENERGY CONSERVATION CODE (§§ 13-19-101 — 13-19-108) › Section 13-19-102 - Application - Utilization of solar hot water heating systems

(a)
The state code for energy conservation established by this chapter shall govern the design and construction of new buildings and structures or portions thereof and additions to existing buildings that provide facilities or shelter for public assembly, educational, business, mercantile, institutional, storage, and residential occupancies, as well as those portions of factory and industrial occupancies designed primarily for human occupancy by regulating their exterior envelopes and the selection of their heating, ventilating and air conditioning systems, service water heating, electrical distribution and illuminating systems and equipment for effective use of energy.
(b)
The state building commission shall utilize solar hot water heating systems if cost-efficient over the term of the bonds in any projects that involve conventional hot water systems.
Acts 1978, ch. 888, § 2; 1979, ch. 403, § 1; T.C.A., § 13-2502.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 19 - ENERGY CONSERVATION CODE (§§ 13-19-101 — 13-19-108) › Section 13-19-103 - Exemptions

Buildings are exempt from this code as follows:
(1)
All nonresidential farm buildings;
(2)
All temporary buildings used exclusively for construction purposes; and
(3)
[Deleted by 2023 amendment.]
(4)
Additions to one-family and two-family dwellings which:
(A)
Are less than ten percent (10%) of the square footage of the dwelling; and
(B)
Have more than fifty percent (50%) of the total outside wall and roof space composed of glass.
Amended by 2023 Tenn. Acts, ch. 312, s 3, eff. 7/1/2023.
Acts 1978, ch. 888, § 3; T.C.A., § 13-2503; Acts 1993, ch. 193, §2; 1994, ch. 977, §§1, 2; 2003 , ch. 329, § 2.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 19 - ENERGY CONSERVATION CODE (§§ 13-19-101 — 13-19-108) › Section 13-19-104 - Amendment to code

Section 104.1 of the Model Energy Code, 1992 Edition shall be amended by deleting the period at the end of the section and replacing it with a semicolon followed by these words "however, the building official may not require submission of plans prepared by a licensed engineer or architect in the case of plans for single family dwellings and duplexes."
Acts 1978, ch. 888, § 4; T.C.A., § 13-2504; Acts 1993, ch. 193, § 3; 1994, ch. 977, § 1.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 19 - ENERGY CONSERVATION CODE (§§ 13-19-101 — 13-19-108) › Section 13-19-105 - Enforcement

It is the responsibility of every city, county, town, municipal corporation, and metropolitan government to enforce this chapter. It is the responsibility of the state building commission and its staff to enforce this chapter as to any buildings designed or constructed, regardless of location, under its supervision, in accordance with §
4-15-106
.
Acts 1978, ch. 888, § 5; 1979, ch. 403, § 1; T.C.A., § 13-2505.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 19 - ENERGY CONSERVATION CODE (§§ 13-19-101 — 13-19-108) › Section 13-19-106 - [Repealed]

Repealed by 2023 Tenn. Acts, ch. 312,s 1, eff. 7/1/2023.
Acts 1978, ch. 888, § 6; T.C.A., § 13-2506.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 19 - ENERGY CONSERVATION CODE (§§ 13-19-101 — 13-19-108) › Section 13-19-107 - Fees

Local governments may charge a reasonable fee for each permit, to offset the costs of administration, inspection, and enforcement of the code, as local government sees fit. The fee may not accrue to the general revenue of the local government or by any other application become subject to laws regulating local taxation.
Acts 1978, ch. 888, § 7; T.C.A., § 13-2507.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 19 - ENERGY CONSERVATION CODE (§§ 13-19-101 — 13-19-108) › Section 13-19-108 - Adoption of department of housing and urban development methods and practice

Any worksheets, prescriptive methods, alternative methods or practices concerning the Model Energy Code compliance or the 2000 International Energy Conservation Code with 2002 amendments compliance deemed acceptable by the department of housing and urban development shall be acceptable in this state.
Acts 1994, ch. 977, §3; 2003 , ch. 329, § 3.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 20 - HOUSING AUTHORITIES LAW (§§ 13-20-101 — 13-20-709) › Part 1 - GENERAL PROVISIONS (§§ 13-20-101 — 13-20-118) › Section 13-20-101 - Short title

This chapter may be referred to as the "Housing Authorities Law."
Acts 1935 (Ex. Sess.), ch. 20, § 1; C. Supp. 1950, § 3647.1; T.C.A. (orig. ed.), § 13-801.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 20 - HOUSING AUTHORITIES LAW (§§ 13-20-101 — 13-20-709) › Part 1 - GENERAL PROVISIONS (§§ 13-20-101 — 13-20-118) › Section 13-20-103 - Meetings and residence of commissioners

Nothing contained in this chapter shall be construed to prevent meetings of the commissioners anywhere within the perimeter boundaries of the area of operation of the authority or within any additional area where the housing authority is authorized to undertake a housing project, nor to prevent the appointment of any person as a commissioner of the authority who resides within such boundaries or such additional area, and who is otherwise eligible for such appointment under this chapter.
Acts 1935 (Ex. Sess.), ch. 20, § 44, as added by Acts 1943, ch. 22, § 6; C. Supp. 1950, § 3647.29H (Williams, § 3647.29t); T.C.A. (orig. ed.), § 13-803.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 20 - HOUSING AUTHORITIES LAW (§§ 13-20-101 — 13-20-709) › Part 1 - GENERAL PROVISIONS (§§ 13-20-101 — 13-20-118) › Section 13-20-105 - Private property - Taking by eminent domain restricted under certain conditions

A housing authority created under this chapter shall not have the power to take by eminent domain private property in an urban renewal area for the purpose of resale, if the owner of same desires to develop such owner's own property and if the designated reuse of the property in the urban renewal plan is such that the owner's parcel can be redeveloped by itself without affecting the objectives of the urban renewal plan as to the owner's parcel or adjoining or adjacent properties thereto, and the owner signs an agreement with the housing authority to abide by the urban renewal plan, in any development thereof.
Acts 1972, ch. 711, § 1; T.C.A., § 13-833.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 20 - HOUSING AUTHORITIES LAW (§§ 13-20-101 — 13-20-709) › Part 1 - GENERAL PROVISIONS (§§ 13-20-101 — 13-20-118) › Section 13-20-106 - Housing research and studies

In addition to all its other powers, any authority may, within its area of operation, undertake and carry out studies and analyses of the housing needs, and of the meeting of such needs, including data with respect to population and family groups and the distribution thereof according to income groups, the amount and quality of available housing and its distribution according to rentals and sales prices, employment, wages and other factors affecting the local housing needs and the meeting thereof, and make the results of such studies and analyses available to the public and the building, housing and supply industries, and may also engage in research and disseminate information on the subject of housing.
Acts 1935 (Ex. Sess.), ch. 20, § 49, as added by Acts 1945, ch. 102, § 1; C. Supp. 1950, § 3647.29M (Williams, § 3647.29y); T.C.A. (orig. ed.), § 13-805.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 20 - HOUSING AUTHORITIES LAW (§§ 13-20-101 — 13-20-709) › Part 1 - GENERAL PROVISIONS (§§ 13-20-101 — 13-20-118) › Section 13-20-107 - Cooperation of authorities in exercise of powers

Any two (2) or more authorities may join or cooperate with one another in the exercise, either jointly or otherwise, of any or all of their powers for the purpose of financing, including the issuance of bonds, notes or other obligations and giving security therefor, planning, undertaking, owning, construction, operating or contracting with respect to a housing project or projects located within the boundaries of any one (1) or more of the authorities. For such purposes, an authority may by resolution prescribe and authorize any other housing authority or authorities, so joining or cooperating with it, to act on its behalf with respect to any or all of such powers. Any authorities joining or cooperating with one another may by resolution appoint from among the commissioners of such authorities an executive committee with full power to act on behalf of such authorities with respect to any or all of their powers, as prescribed by resolutions of such authorities.
Acts 1935, (Ex. Sess.), ch. 20, § 10; 1943, ch. 22, § 5; C. Supp. 1950, § 3647.9 (Williams, § 3647.10); T.C.A. (orig. ed.), § 13-806.