reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 23 - HOUSING DEVELOPMENT AGENCY (§§ 13-23-101 — 13-23-506) › Part 3 - HOMEBUYERS' REVOLVING LOAN FUND POOL (§§ 13-23-301 — 13-23-312) › Section 13-23-312 - State allocations for pilot demonstration and statewide programs - Local government funding

(a)
The state shall allocate two million five hundred thousand dollars ($2,500,000) in fiscal year 1985-1986 to fund a pilot demonstration program in any county having a population of more than seven hundred thousand (700,000), according to the 1980 federal census or any subsequent federal census. Under the pilot demonstration, appropriate operational rules and procedures shall be developed and tested and appropriate documentation provided to the general assembly to evaluate the effectiveness of the program.
(b)
Subsequent allocations under this part to provide for expansion as a statewide program shall be based upon the results of the demonstration program as herein established, shall be reviewed annually, and shall be modeled after the rules and procedures as established under the pilot demonstration. To the extent that subsequent allocations from the state are made available under this part for housing assistance to very low and low income households, then such allocation is subject to funding provided through the housing program fund established in title 13, chapter 23, part 4, and in accordance with the rules and regulations promulgated by the agency, pursuant thereto.
(c)
Local participating governments may establish a loan fund endowment in connection with the homebuyers' revolving loan program, and may charge up to five dollars ($5.00) per month for the term of the loan as a participation fee in lieu of interest on loans made to qualified buyers. All proceeds from a loan fund endowment shall be used to support the revolving loan fund and may be used as local matching funds as required under this part.
(d)
A local participating government may make "in-kind" contributions toward its matching share, not to exceed ten percent (10%) of the total match required. Such in-kind match shall include, but not be limited to, personnel costs, program support costs, such as accounting, audit, purchasing services, and other costs as established by a cost allocation plan which directly supports program operations.
(e)
A local participating government may use up to ten percent (10%) of its matching cash contribution for administrative purposes to be based either upon a cost allocation plan or upon actual expenditure basis.
Acts 1986, ch. 510, § 12; 1988, ch. 900, § 9.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 23 - HOUSING DEVELOPMENT AGENCY (§§ 13-23-101 — 13-23-506) › Part 4 - HOUSING FUNDS (§§ 13-23-401 — 13-23-407) › Section 13-23-402 - Creation of housing program fund - Reallocation of revenues

(a)
There is hereby created and established a housing program fund to be administered by the agency and to consist of the following:
(1)
Moneys transferred from the assets fund; and
(2)
Such allocation of federal block grant or other federal funds as may be available and properly directed for housing programs.
(b)
Notwithstanding subsection (a), for the fiscal year ending June 30, 1997, all allocations of tax revenues directed to the agency by former subdivisions (a)(2) and (3) in excess of six million dollars ($6,000,000) shall be reallocated to the state general fund; and, notwithstanding subsection (a), for the fiscal year ending June 30, 1998, all allocations of tax revenues directed to the agency by former subdivisions (a)(2) and (3) in excess of nine million dollars ($9,000,000) shall be reallocated to the state general fund. Thereafter, no such reallocation shall be made.
(c)
Notwithstanding subsections (a) and (b), or any other provision of law to the contrary, for a period of one (1) year beginning with the fiscal year starting July 1, 1999, all allocations of tax revenues directed to the agency by former subdivisions (a)(2) and (3) shall be reallocated to the state general fund.
Acts 1988, ch. 900, § 10; 1991, ch. 211, § 1; 1997, ch. 537, § 2; 1998, ch. 816, § 1; 1999, ch. 411, § 1; 2000, ch. 983, § 1.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 23 - HOUSING DEVELOPMENT AGENCY (§§ 13-23-101 — 13-23-506) › Part 4 - HOUSING FUNDS (§§ 13-23-401 — 13-23-407) › Section 13-23-403 - Allocations from housing program fund

(a)
Moneys in the housing program fund shall be allocated by the agency for the following purposes:
(1)
To fund the operating and administrative costs of the agency;
(2)
To pay certain expenses of bond issues and to support future bond issues by making additions to the loan funds, in order to make loans at a lower interest rate for targeted low income and special need groups, when determined appropriate by the bond finance committee and approved by the board;
(3)
To make grants to local housing programs administered by eligible political subdivisions subject to one-to-one matching funds provided by each participant during the initial phase of the allocation process administered by the agency. The agency may prescribe the manner in which such grant funds are to be allocated to local housing programs, considering such factors as population, the adequacy of the existing housing stock to serve very low and low income households, and such other factors as may be deemed reasonable and appropriate by the agency. The agency shall establish a minimum grant amount to ensure that a viable housing program can be established by each eligible local housing program. In counties under one hundred thousand (100,000) in population, the agency may limit participation to one (1) local housing program; and
(4)
To the extent that funds still remain in the housing program fund after all eligible political subdivisions applying have been awarded grants, the agency may utilize any such remaining funds for demonstration housing projects on the basis of such competitive factors as level of income to be served, cost of the housing relative to average costs in the applicable area, amount of leveraging of public and private funds, amount of local match, if any, and innovative aspects of the project, except that funds accruing prior to fiscal year end but not reported to the department of revenue until the beginning of the next fiscal year can be used to fund projects submitted during the fiscal year.
(b)
Special consideration shall also be given to projects to be administered by qualified not-for-profit corporations in areas of the state which would otherwise go unserved by the state's housing program fund.
(c)
It is further provided that grants provided to local programs under subdivisions (a)(3) and (4) shall not be pledged as support for tax exempt borrowing by such local programs, but must be used to directly subsidize the cost of providing housing to very low and low income households.
Amended by 2013 Tenn. Acts, ch. 198,s 1, eff. 4/23/2013.
Acts 1988, ch. 900, § 10; 1990, ch. 979, § 2; 1991, ch. 466, §§ 4, 5; 1995, ch. 533, §§ 2, 3; 1997, ch. 537, §§ 3, 4; 1998, ch. 724, § 2.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 23 - HOUSING DEVELOPMENT AGENCY (§§ 13-23-101 — 13-23-506) › Part 4 - HOUSING FUNDS (§§ 13-23-401 — 13-23-407) › Section 13-23-404 - Housing program reserve fund - Pilot program

(a)
There is hereby created and established a housing program reserve fund to be administered by the agency, which will consist of moneys transferred from the housing program fund and the assets fund as set out in this part. No funds in the housing program reserve fund may revert to the state general fund, but shall remain available for the purposes set out in this part. Funds in the housing program reserve fund shall be invested in any investments permitted under state law, and the income from such investments is to be transferred to the housing program fund at least annually.
(b)
Notwithstanding subsection (a), in the fiscal year ending June 30, 1995, fifteen million dollars ($15,000,000) of the unexpended balance of the funds in the housing program reserve funds shall be transferred to the general fund.
(c)
Up to two million dollars ($2,000,000) per year may be transferred from the housing program reserve fund to the housing program fund for the purposes specified in §
13-23-403(a)
. Any such transfer must first be approved by the bond finance committee and the board, and such approvals must be based on a determination that such transfer is necessary to sustain the current funding levels of the grant programs of the agency, or that such transfer is necessary to accomplish a special program targeted to low income and/or special needs groups. No such funds transferred shall be used to finance or fund any multifamily rental projects. Any funds transferred pursuant to this subsection (c) shall not be subject to the requirements of former §
13-23-403(a)(2)
[deleted]. In addition to the purposes specified in §
13-23-403(a)
, the transfer authorized in this subsection (c) is subject to the further limitation that it may be used only to support a pilot project to create, revitalize and preserve neighborhoods in up to three (3) urban areas and up to three (3) rural areas of the state. The pilot program shall exist only for three (3) years, through the end of the 1998-1999 fiscal year. The board shall report annually to the general assembly on the progress and success of the pilot program.
(d)
Notwithstanding subsection (a), at year end of the fiscal year ending June 30, 1998, all of the unexpended balance of funds in the housing program reserve fund shall be transferred to the state general fund. Once these funds have been transferred, the housing program reserve fund shall be abolished and this section shall be repealed.
Acts 1988, ch. 900, § 10; 1995, ch. 450, § 1; 1995, ch. 533, § 1; 1997, ch. 537, § 5.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 23 - HOUSING DEVELOPMENT AGENCY (§§ 13-23-101 — 13-23-506) › Part 4 - HOUSING FUNDS (§§ 13-23-401 — 13-23-407) › Section 13-23-405 - Local housing programs and funds

(a)
Local housing programs may be established by any eligible political subdivision, as defined by §
13-23-103
, except that for programs authorized by §
13-23-403(a)(4)
, an eligible political subdivision does include a municipality in a county which has applied for such program, or any local agency thereof which may be authorized to operate such programs pursuant to ordinance or resolution of the applicable legislative body. Such programs shall exist for the exclusive purpose of increasing the availability of adequate housing for very low, low and moderate income households, and may include new construction of housing units, rehabilitation of existing housing units and conversion of existing publicly owned or donated structures. When funds from the Tennessee housing development agency are being used by local housing programs to provide assistance, then the projects or activities shall comply with applicable rules and regulations of the agency.
(b)
Local matching funds may be made available to the local housing program by the legislative body of the eligible political subdivision.
Acts 1988, ch. 900, § 10; 1991, ch. 466, § 3.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 23 - HOUSING DEVELOPMENT AGENCY (§§ 13-23-101 — 13-23-506) › Part 4 - HOUSING FUNDS (§§ 13-23-401 — 13-23-407) › Section 13-23-406 - Assistance to local housing programs

In order to assist the local housing programs authorized pursuant to this part, the agency is authorized to:
(1)
Provide technical assistance to local programs;
(2)
Develop demonstration projects for serving very low, low and moderate income persons and families;
(3)
Encourage cost effective designs of very low, low and moderate income housing;
(4)
Provide rehabilitation and construction financing from the assets fund and the housing program reserve fund at rates consistent with this chapter;
(5)
Give priority for mortgage funds made available through the mortgage revenue bonds of the agency, to housing developed by local housing programs;
(6)
In conjunction with the department of correction, implement mutually beneficial housing assistance programs for development of additional housing for very low, low and moderate income households under this part, utilizing inmates and other vocational training resources; and
(7)
In conjunction with the department of economic and community development, support the funding of applications for community development block grants for housing submitted by eligible applicants for eligible projects.
Acts 1988, ch. 900, § 10.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 23 - HOUSING DEVELOPMENT AGENCY (§§ 13-23-101 — 13-23-506) › Part 4 - HOUSING FUNDS (§§ 13-23-401 — 13-23-407) › Section 13-23-407 - Provisions controlling

Insofar as this part is inconsistent with any other law, general, special, or local, this part is controlling.
Acts 1988, ch. 900, § 11.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 23 - HOUSING DEVELOPMENT AGENCY (§§ 13-23-101 — 13-23-506) › Part 5 - HOUSING TRUST FUND (§§ 13-23-501 — 13-23-506) › Section 13-23-501 - Establishment - Purpose

(a)
Any unit or units of local government, upon recommendation of the chief executive officer of the unit, may establish a housing trust fund, hereinafter referred to as the "fund", for the purposes set out in this part, to be administered by an entity approved by the participating unit or units of local government, such as a community foundation, a housing partnership, or a housing development agency, hereinafter referred to as "the approved entity", in accordance with this part. The cost of administering the fund shall be borne out of the fund itself, consistent with the initial plan approved by the participating unit or units of local government.
(b)
The fund provided by this part shall be used to provide low income persons with safe and affordable housing. Proceeds from the fund shall be loaned, or grants made available, for programs to include, but not be limited to, the following:
(1)
Funding nonprofit housing development corporations to develop affordable low income housing. Funds may be used to support projects where a nonprofit entity acts as a general partner for a limited partnership, as a sole developer, or as a joint venture investor. Projects may be affordable rental housing, property developed for resale to low income buyers, or rent to own programs;
(2)
Funding ongoing existing housing programs which have been established to assist low income households; and
(3)
Funding soft costs, such as housing counseling, predevelopment costs, and administrative costs of nonprofit entities related to low income housing development.
Acts 1990, ch. 986, § 2.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 23 - HOUSING DEVELOPMENT AGENCY (§§ 13-23-101 — 13-23-506) › Part 5 - HOUSING TRUST FUND (§§ 13-23-501 — 13-23-506) › Section 13-23-502 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Housing trust fund" means a fund consisting of appropriations, reserves or dedications of any revenues except pension or retirement funds by a participating unit or units of local government, together with private and foundation sources of funds, all used for providing low income persons with safe and affordable housing;
(2)
"Low income" means qualified persons or families who lack the amount of income which is necessary, as determined by the approved entity, to enable them without low interest financial assistance, to live in decent, safe and affordable dwellings without overcrowding; and
(3)
"Unit or units of local government" means any city or county, separately or together, that sets up a program to establish a housing trust fund.
Acts 1990, ch. 986, § 3.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 23 - HOUSING DEVELOPMENT AGENCY (§§ 13-23-101 — 13-23-506) › Part 5 - HOUSING TRUST FUND (§§ 13-23-501 — 13-23-506) › Section 13-23-503 - Use of loans or grants - Disposition of funds

(a)
Any loans or grants from the fund to applicants, including interest earned on investment or repayments of such loans, shall be used to benefit low income individuals or families residing within the participating unit or units of local government.
(b)
All funds received for the purposes herein provided and all such interest repayments shall be added to the fund and deposited in accredited financial institutions located within the participating unit or units of local government by the approved entity administering the fund.
(c)
Such funds shall be deposited in a separate account earmarked to be used solely for programs established through and included in the housing trust fund pursuant to this part.
Acts 1990, ch. 986, § 4.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 23 - HOUSING DEVELOPMENT AGENCY (§§ 13-23-101 — 13-23-506) › Part 5 - HOUSING TRUST FUND (§§ 13-23-501 — 13-23-506) › Section 13-23-504 - Design of program and promulgation of rules by approved entity

The approved entity shall design and tailor the program according to low income needs and requirements and shall promulgate necessary rules and regulations to implement the effect and intent of this part.
Acts 1990, ch. 986, § 5.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 23 - HOUSING DEVELOPMENT AGENCY (§§ 13-23-101 — 13-23-506) › Part 5 - HOUSING TRUST FUND (§§ 13-23-501 — 13-23-506) › Section 13-23-505 - Special escrow account - Revenue sources

(a)
Any participating unit of local government may create a special escrow account earmarked for the sole purpose of generating revenue to transfer to the housing trust fund.
(b)
Notwithstanding any other provision of law to the contrary, a participating unit of local government may specifically authorize that any revenue source, except pension or retirement funds over which the unit of local government has authority to levy and collect, may be used to provide endowment and contributions to the housing trust fund, either directly or through deposit in the special escrow account, and then by transfer to the housing trust fund.
Acts 1990, ch. 986, § 6.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 23 - HOUSING DEVELOPMENT AGENCY (§§ 13-23-101 — 13-23-506) › Part 5 - HOUSING TRUST FUND (§§ 13-23-501 — 13-23-506) › Section 13-23-506 - Applicability of part

This part shall only apply in counties having a population of not less than three hundred nineteen thousand six hundred twenty-five (319,625) nor more than three hundred nineteen thousand seven hundred twenty-five (319,725), according to the 1980 federal census or any subsequent federal census.
Acts 1990, ch. 986, § 7.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 24 - ZONING CLASSIFICATIONS (§§ 13-24-101 — 13-24-413) › Part 1 - RESIDENCES OF PERSONS WITH DISABILITIES (§§ 13-24-101 — 13-24-104) › Section 13-24-101 - Purpose - Meaning of "person with a disability."

(a)
It is the purpose of this part to remove any zoning obstacles which prevent persons with a disability from living in normal residential surroundings.
(b)
As used in this part, "person with a disability" does not include persons who have a mental illness and, because of such mental illness, pose a likelihood of serious harm as defined in §
33-6-501
, or who have been convicted of serious criminal conduct related to such mental illness.
Acts 1978, ch. 863, § 1; 1979, ch. 361, §§ 1, 3; T.C.A., § 13-2401; Acts 2000, ch. 947, §§ 8B, 8C; 2011 , ch. 47, §§ 8, 9; 2011 , ch. 158, § 8.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 24 - ZONING CLASSIFICATIONS (§§ 13-24-101 — 13-24-413) › Part 1 - RESIDENCES OF PERSONS WITH DISABILITIES (§§ 13-24-101 — 13-24-104) › Section 13-24-102 - Homes in which persons with disabilities reside classified as single family residence

For the purposes of any zoning law in Tennessee, the classification "single family residence" includes any home in which eight (8) or fewer unrelated persons with disabilities reside, and may include three (3) additional persons acting as support staff or guardians, who need not be related to each other or to any of the persons with disabilities residing in the home.
Acts 1978, ch. 863, § 2; 1979, ch. 361, § 2; T.C.A., § 13-2402; Acts 1999, ch. 204, § 1; 2011, ch. 47, § 10; 2011, ch. 158, § 9.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 24 - ZONING CLASSIFICATIONS (§§ 13-24-101 — 13-24-413) › Part 1 - RESIDENCES OF PERSONS WITH DISABILITIES (§§ 13-24-101 — 13-24-104) › Section 13-24-103 - Precedence over other laws

This part takes precedence over any provision in any zoning law or ordinance in Tennessee to the contrary.
Acts 1978, ch. 863, § 2; T.C.A., § 13-2403.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 24 - ZONING CLASSIFICATIONS (§§ 13-24-101 — 13-24-413) › Part 1 - RESIDENCES OF PERSONS WITH DISABILITIES (§§ 13-24-101 — 13-24-104) › Section 13-24-104 - Inapplicability to commercial residences for persons with disabilities

This part does not apply to such family residences wherein persons with disabilities reside when such residences are operated on a commercial basis.
Acts 1978, ch. 863, § 2; T.C.A., § 13-2404; Acts 2011, ch. 47, § 11.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 24 - ZONING CLASSIFICATIONS (§§ 13-24-101 — 13-24-413) › Part 2 - MANUFACTURED RESIDENTIAL DWELLINGS (§§ 13-24-201 — 13-24-202) › Section 13-24-201 - Exclusion of manufactured residential dwellings prohibited - Exceptions

(a)
Notwithstanding any provision of the law to the contrary, no power or authority granted by this code to regulate zoning or land use planning shall be used to exclude the placement of a residential dwelling on land designated for residential use solely because the dwelling is partially or completely constructed in a manufacturing facility.
(b)
"Residential dwelling," as used in this part, does not apply to factory-manufactured mobile homes constructed as a single self-contained unit and mounted on a single chassis, and as further defined in §
68-126-202(2), (4)
and [former] (7), nor shall this chapter have any effect whatsoever upon any zoning or other regulations whether state or local concerning such factory-manufactured mobile homes as herein defined.
Acts 1980, ch. 747, § 1.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 24 - ZONING CLASSIFICATIONS (§§ 13-24-101 — 13-24-413) › Part 2 - MANUFACTURED RESIDENTIAL DWELLINGS (§§ 13-24-201 — 13-24-202) › Section 13-24-202 - General appearance of manufactured residential dwellings

Such manufactured residential dwelling shall have the same general appearance as required for site-built homes.
Acts 1980, ch. 747, § 2.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 24 - ZONING CLASSIFICATIONS (§§ 13-24-101 — 13-24-413) › Part 3 - UTILITY LOCATION (§§ 13-24-301 — 13-24-305) › Section 13-24-301 - Telephone and telegraph services - Exclusion from local regulation

No municipal, county or regional planning commission or any municipal or county legislative body shall, by ordinance or otherwise, exclude the location or relocation of any facility used to provide telephone or telegraph services to the public.
Acts 1980, ch. 749, § 1.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 24 - ZONING CLASSIFICATIONS (§§ 13-24-101 — 13-24-413) › Part 3 - UTILITY LOCATION (§§ 13-24-301 — 13-24-305) › Section 13-24-302 - Facilities included

Such facilities include those essential to the provision of telephone and telegraph services such as central office exchanges and microwave towers which require a specific location in order to provide the most efficient service to the public.
Acts 1980, ch. 749, § 1.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 24 - ZONING CLASSIFICATIONS (§§ 13-24-101 — 13-24-413) › Part 3 - UTILITY LOCATION (§§ 13-24-301 — 13-24-305) › Section 13-24-303 - Regulations allowed

The exclusion of location from local regulation does not preclude the exercise of reasonable municipal and county police powers including, but not limited to, permit requirements, landscaping, off-street parking or set-back lines as an exercise of police powers.
Acts 1980, ch. 749, § 1.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 24 - ZONING CLASSIFICATIONS (§§ 13-24-101 — 13-24-413) › Part 3 - UTILITY LOCATION (§§ 13-24-301 — 13-24-305) › Section 13-24-304 - Planning for and regulating the siting of wireless telecommunications support structures

A municipal, county or regional planning commission or any municipal or county legislative body, referred to as an authority in this section and §
13-24-305
, that has adopted planning and zoning regulations, may plan for and regulate the siting of wireless telecommunications support structures in accordance with locally adopted planning or zoning regulations and this chapter.
Acts 2005, ch. 373, § 1.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 24 - ZONING CLASSIFICATIONS (§§ 13-24-101 — 13-24-413) › Part 3 - UTILITY LOCATION (§§ 13-24-301 — 13-24-305) › Section 13-24-305 - Limits on regulation of wireless telecommunications support structures

In regulating the placement of a wireless telecommunications support structure, an authority may not:
(1)
Regulate the placement of an antenna or related equipment for an existing wireless telecommunications support structure; provided, however, that, if the placement of an antenna on an existing wireless telecommunications support structure requires an extension, such placement may be regulated, if such extension would require the wireless telecommunications support structure to have lighting or if such extension exceeds the height limitation of the authority. If a co-location occurs, such co-location may not be considered an expansion, and the appropriate authority may not impose additional costs or operating restrictions on the applicant for such co-location, unless such support structure is owned by the authority;
(2)
Require the applicant to provide any sort of justification for radio frequency need; or
(3)
Act to prohibit or have the effect of prohibiting the provision of personal wireless services.
Acts 2005, ch. 373, § 1.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 24 - ZONING CLASSIFICATIONS (§§ 13-24-101 — 13-24-413) › Part 4 - COMPETITIVE WIRELESS BROADBAND INVESTMENT, PLOYMENT, AND SAFETY ACT OF 2018 (§§ 13-24-401 — 13-24-413) › Section 13-24-401 - Short title

This part shall be known and may be cited as the "Competitive Wireless Broadband Investment, Deployment, and Safety Act of 2018."
Added by 2018 Tenn. Acts, ch. 819,s 1, eff. 4/24/2018.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 24 - ZONING CLASSIFICATIONS (§§ 13-24-101 — 13-24-413) › Part 4 - COMPETITIVE WIRELESS BROADBAND INVESTMENT, PLOYMENT, AND SAFETY ACT OF 2018 (§§ 13-24-401 — 13-24-413) › Section 13-24-403 - Construction and applicability of part

(a)
This part shall be construed to maximize investment in wireless connectivity across the state by creating a uniform and predictable framework that limits local obstacles to deployment of small wireless facilities in the ROW and to encourage, where feasible, shared use of public infrastructure and colocation in a manner that is the most technology neutral and nondiscriminatory.
(b)
This part does not apply to:
(1)
Deployment of infrastructure outside of the ROW; or
(2)
Taller towers or monopoles traditionally used to provide wireless services that are governed by §§
13-24-304
and
13-24-305
.
Added by 2018 Tenn. Acts, ch. 819,s 1, eff. 4/24/2018.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 24 - ZONING CLASSIFICATIONS (§§ 13-24-101 — 13-24-413) › Part 4 - COMPETITIVE WIRELESS BROADBAND INVESTMENT, PLOYMENT, AND SAFETY ACT OF 2018 (§§ 13-24-401 — 13-24-413) › Section 13-24-404 - Local option and local preemption

(a)
Nothing in this part requires any local authority to promulgate any limits, permitting requirements, zoning requirements, approval policies, or any process to obtain permission to deploy small wireless facilities. However, any local authority that promulgates limits, permitting requirements, zoning requirements, approval policies, or processes relative to deployment of small wireless facilities shall not impose limits, requirements, policies, or processes that are:
(1)
More restrictive than requirements, policies, or processes set forth in this part;
(2)
In excess of that which is granted by this part; or
(3)
Otherwise in conflict with this part.
(b)
Any local authority limits, requirements, policies, or processes that are more restrictive, in conflict with, or in excess of that which is granted by this part are void, regardless of the date on which the requirement, policy, or process was enacted or became law.
(c)
For colocation of small wireless facilities in the ROW that is within the jurisdiction of a local authority that does not require an application and does not require work permits for deployment of infrastructure within the ROW, an applicant shall provide notice of the colocation by providing the materials set forth in §
13-24-409(g)
to the office of the county mayor and the chief administrative officer of the county highway department, if the colocation is in the unincorporated area, or the city, if the colocation is in an incorporated area.
Added by 2018 Tenn. Acts, ch. 819,s 1, eff. 4/24/2018.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 24 - ZONING CLASSIFICATIONS (§§ 13-24-101 — 13-24-413) › Part 4 - COMPETITIVE WIRELESS BROADBAND INVESTMENT, PLOYMENT, AND SAFETY ACT OF 2018 (§§ 13-24-401 — 13-24-413) › Section 13-24-405 - Existing law unaffected

This part does not:
(1)
Create regulatory jurisdiction for any subdivision of the state regarding communications services that does not exist under applicable law, regardless of the technology used to deliver the services;
(2)
Restrict access granted by §
65-21-201
or expand access authorized under §
54-16-112
;
(3)
Authorize the creation of local taxation in the form of ROW taxes, rates, or fees that exceed the cost-based fees authorized under existing law, except that the specific fees or rates established pursuant to this part do not exceed cost;
(4)
Alter or exempt any entity from the franchising requirements for providing video services or cable services set forth in title 7, chapter 59;
(5)
Apply to any segment of the statewide P25 interoperable communications system governed by §
4-3-2018
;
(6)
Alter the requirements or exempt any entity from the requirements to relocate facilities, including any PSS, small wireless facility, or other related infrastructure, to the same extent as any facility pursuant to title 54, chapter 5, part 8, or other similar generally applicable requirement imposed on entities who deploy infrastructure in ROW;
(7)
Prohibit a local authority from the nondiscriminatory enforcement of breakaway sign post requirements and safety restrictions generally imposed for all structures within a ROW;
(8)
Prohibit a local authority from the nondiscriminatory enforcement of vegetation control requirements that are imposed upon entities that deploy infrastructure in a ROW for the purpose of limiting the chances of damage or injury as a result of infrastructure that is obscured from view due to vegetation; or
(9)
Prohibit a local authority from the nondiscriminatory enforcement of generally applicable local rules regarding removal of unsafe, abandoned, or inoperable obstructions in a ROW.
Added by 2018 Tenn. Acts, ch. 819,s 1, eff. 4/24/2018.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 24 - ZONING CLASSIFICATIONS (§§ 13-24-101 — 13-24-413) › Part 4 - COMPETITIVE WIRELESS BROADBAND INVESTMENT, PLOYMENT, AND SAFETY ACT OF 2018 (§§ 13-24-401 — 13-24-413) › Section 13-24-406 - Prohibited activities

(a)
An authority shall not:
(1)
Enter into an exclusive arrangement with a person for use of a ROW for the construction, operation, marketing, or maintenance of small wireless facilities;
(2)
Discriminate by prohibiting an applicant from making an installation that is generally permitted when performed by other entities entitled to deploy infrastructure in a ROW or by imposing maintenance or repair obligations not generally applicable to all entities entitled to deploy infrastructure in a ROW;
(3)
Impose discriminatory prohibitions against deploying a new PSS for small wireless facilities in a ROW. Only requirements imposed generally to other entities entitled to deploy infrastructure in a ROW may be applied to prohibit an applicant's deployment of a new PSS in a ROW; or
(4)
Except as provided in this part or otherwise specifically authorized by state law, adopt or enforce regulations or requirements on the placement or operation of communications facilities in a ROW by a communications service provider authorized by state or local law to operate in a ROW; regulate communications services; or impose or collect a tax, fee, or charge for the provision of communications service over the communications service provider's communications facilities in a ROW.
(b)
With respect to aesthetic plans, this section does not prohibit an authority from reasonably differentiating among providers of functionally equivalent services.
Amended by 2022 Tenn. Acts, ch. 799, s 3, eff. 4/8/2022.
Added by 2018 Tenn. Acts, ch. 819, s 1, eff. 4/24/2018.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 24 - ZONING CLASSIFICATIONS (§§ 13-24-101 — 13-24-413) › Part 4 - COMPETITIVE WIRELESS BROADBAND INVESTMENT, PLOYMENT, AND SAFETY ACT OF 2018 (§§ 13-24-401 — 13-24-413) › Section 13-24-412 - Private right of action

Any party aggrieved by the failure of an authority to act in accordance with this part may seek remedy in the chancery court for the county in which the applicant attempted to deploy or has deployed a small wireless facility, unless the claim seeks a remedy against the state, in which case the claim must be brought in the chancery court of Davidson County. The court may order an appropriate remedy to address any action inconsistent with this part.
Added by 2018 Tenn. Acts, ch. 819,s 1, eff. 4/24/2018.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 24 - ZONING CLASSIFICATIONS (§§ 13-24-101 — 13-24-413) › Part 4 - COMPETITIVE WIRELESS BROADBAND INVESTMENT, PLOYMENT, AND SAFETY ACT OF 2018 (§§ 13-24-401 — 13-24-413) › Section 13-24-413 - Study on impact of deployment of broadband - Best Practices - Recommendations - Report

(a)
The Tennessee advisory commission on intergovernmental relations shall study and prepare a report on the impact of this part, including:
(1)
The impact on deployment of broadband;
(2)
The fiscal impact on authorities resulting from the administrative process required by this part;
(3)
Best practices from the perspective of applicants and authorities;
(4)
Best practices in other states and identify opportunities to advance the quality of transportation in this state by utilizing technological applications, sometimes referred to as "smart transportation applications," that are supported by small wireless facilities; and
(5)
Recommendations for changes to this part based on the study's findings.
(b)
The report must be delivered to the chairs of the commerce committee of the house of representatives and commerce and labor committee of the senate by January 1, 2021.
Amended by 2019 Tenn. Acts, ch. 345,s 18, eff. 5/10/2019.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 26 - HUMAN RESOURCE AGENCY ACT OF 1973 (§§ 13-26-101 — 13-26-111) › Section 13-26-101 - Short title

This chapter shall be known and may be cited as the "Human Resource Agency Act of 1973."
Acts 1973, ch. 289, § 1; T.C.A., § 13-2101.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 26 - HUMAN RESOURCE AGENCY ACT OF 1973 (§§ 13-26-101 — 13-26-111) › Section 13-26-102 - Creation authorized

The chief elected public officials of various counties and/or cities of the economic development districts established under chapter 14 of this title, are empowered to create a human resource agency. It is the intent of this chapter that there may be four (4) metropolitan human resource agencies, Memphis-Shelby, Nashville-Davidson, Knoxville-Knox, Chattanooga-Hamilton, and no more than nine (9) rural human resource agencies, coterminous with the boundary lines of the development districts. It is the further intent of this chapter that the agencies so created may be the delivery system for human resources, and in no way an infringement on the planning functions of the development districts.
Acts 1973, ch. 289, § 2; T.C.A., § 13-2102.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 26 - HUMAN RESOURCE AGENCY ACT OF 1973 (§§ 13-26-101 — 13-26-111) › Section 13-26-103 - Governing board of human resource agency - Executive committee - Advisory council - Meetings

(a)
When a human resource agency (HRA) is created pursuant to §
13-26-102
, a governing board is established for the HRA.
(b)
(1)
The membership of the governing board consists of:
(A)
Each county mayor within the HRA's district;
(B)
Three (3) or more municipal mayors within the HRA's district who serve on a rotating basis as determined by the bylaws of the HRA;
(C)
A senate member who is selected by the senators whose districts are wholly or partially in the area served by the HRA; and
(D)
A representative member who is selected by the representatives whose districts are wholly or partially in the HRA.
(2)
An HRA may appoint additional persons to the governing board as required by state or federal guidelines.
(c)
A member of the general assembly shall not receive any compensation for the member's service on a board.
(d)
The board may appoint an executive committee to act for the board. The board shall determine the authority and composition of the committee.
(e)
The governing board, executive committee, or advisory council may conduct special or regular meetings.
(f)
The governing board shall appoint an advisory council composed of ex officio nonvoting members, to be invited to meet with the governing board at least once annually. The membership of the council is broadly based and equitably distributed between representatives of providers and consumers of human resource services and as established by law, and the council includes members of the governing board and municipal mayors in the service area of the human resource agency.
Amended by 2021 Tenn. Acts, ch. 463, s 1, eff. 5/18/2021.
Acts 1973, ch. 289, § 3; T.C.A., § 13-2103; Acts 1980, ch. 677, §1; 2003 , ch. 90, § 2.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 26 - HUMAN RESOURCE AGENCY ACT OF 1973 (§§ 13-26-101 — 13-26-111) › Section 13-26-104 - Powers and duties of governing board

(a)
A governing board may:
(1)
Adopt bylaws;
(2)
Appoint an executive director, who would serve at the pleasure of the board;
(3)
Determine major personnel, fiscal, and program policies;
(4)
Approve overall program plans and priorities; and
(5)
Assure compliance with conditions of and approve proposals for financial assistance under this chapter.
(b)
Each governing board shall:
(1)
Jointly adopt statewide uniform travel regulations, to be kept on file with the commissioner of finance and administration, and reimburse the governing board's officers and employees for official travel in conformance with the regulations;
(2)
Develop a system of competitive bidding on purchases of supplies and equipment, and other contracts, and submit the written procedures governing the system to the state procurement commission for approval; and
(3)
Develop written personnel procedures that are kept on file with the commissioner of finance and administration.
Amended by 2021 Tenn. Acts, ch. 463, s 2, eff. 5/18/2021.
Acts 1973, ch. 289, § 4; T.C.A., § 13-2104.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 26 - HUMAN RESOURCE AGENCY ACT OF 1973 (§§ 13-26-101 — 13-26-111) › Section 13-26-105 - Powers of agencies - Loan authorization

(a)
It is hereby declared that the agencies created pursuant to this chapter shall be a body, politic and corporate, and shall be public and governmental bodies acting as agencies and instrumentalities of the creating and participating counties and cities, and such agencies are declared to be for a public and governmental purpose and a matter of public necessity.
(b)
In order to carry out its overall responsibility for administering a human resource program, a human resource agency is hereby given the authority to own and dispose of property, both real and personal, and to receive and administer funds under this chapter, funds and contributions from private or local public sources which may be used in support of a human resource program, and funds under any federal or state assistance program pursuant to which such an agency organized in accordance with this chapter could serve as grantee, contractor, or sponsor of projects appropriate for inclusion in a human resource program.
(c)
With prior approval of the board of directors, a human resource agency may borrow funds when such funds are fully and properly secured by grant funds receivable. Such loans are authorized for short-term emergency cash flow needs only. Such loans shall not constitute an indebtedness of the state, nor shall the interest on such debt be directly or indirectly charged to a state or federal program grant.
(d)
A human resource agency may make contracts and execute instruments containing such covenants, terms, and conditions as, in the judgment of the directors, may be necessary, proper, or advisable for the purposes of obtaining grants, loans, or other financial assistance from any federal, state or local agency for or in the aid of the acquisition or improvement of the facilities of the agency and make all other contracts and execute all other instruments, including, without limitation, licenses, long-term and short-term leases, mortgages, deeds of trust, and other agreements relating to property and facilities under its jurisdiction, and the construction, operation, maintenance, repair and improvement thereof, as in the judgment of the board of directors may be necessary, proper or advisable for the furtherance of the purpose of this part and the full exercise of the powers herein granted. In exercising the powers granted herein, the directors shall abide by all statutes, regulations and procedures to which counties must conform in such matters.
Acts 1973, ch. 289, § 5; T.C.A., § 13-2105; Acts 1994, ch. 555, § 1; 1995, ch. 22, § 1; 1998, ch. 597, § 1.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 26 - HUMAN RESOURCE AGENCY ACT OF 1973 (§§ 13-26-101 — 13-26-111) › Section 13-26-106 - Financial reports - Audits

(a)
Each governing board operating under this chapter shall prepare an annual report of its activities, including financial statements, through June 30 of each year, and submit a copy of such report to the governor, the general assembly, and the commissioner of finance and administration.
(b)
(1)
The annual report, including financial statements, and all books of account and financial records are subject to annual audit by the comptroller of the treasury.
(2)
A human resource agency may, with the prior approval of the comptroller of the treasury, engage licensed independent public accountants to perform the audits.
(3)
The audit contract between the human resource agency and the independent public accountant shall be on contract forms prescribed by the comptroller of the treasury.
(4)
The human resource agency is responsible for reimbursement of the costs of audits prepared by the comptroller of the treasury and the payment of fees for audits prepared by licensed independent public accountants.
(5)
Audits and working papers prepared by independent public accountants shall be reviewed and approved by the comptroller of the treasury prior to payment.
(6)
Copies of such audits shall be provided to each member of the board and the comptroller of the treasury and shall be made available to the press.
(7)
All audits performed by the internal audit staffs of any such agency shall be conducted in accordance with the standards established by the comptroller of the treasury pursuant to §
4-3-304(9)
.
Acts 1973, ch. 289, § 6; 1976, ch. 666, § 4; T.C.A., § 13-2106; Acts 1984, ch. 794, § 10; 1985, ch. 284, § 1.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 26 - HUMAN RESOURCE AGENCY ACT OF 1973 (§§ 13-26-101 — 13-26-111) › Section 13-26-107 - Appropriations - Local contributions

(a)
Any funds appropriated to implement this chapter are subject to the approval of the governor and the commissioner of finance and administration.
(b)
Such approval shall be given only after review by the office of the governor of the annual work program developed by the human resource agency to assure that such program is in accordance with the development plans of the state.
(c)
It is the intent of the state to assist financially with the delivery of human resources for residents. After the creation of any such board as provided in this chapter and when the local governments have indicated a willingness to contribute financially by adopting a budget requiring a certain per capita assessment, the state is authorized to match the local contributions according to the following schedule:
Local Assessment
Annual State
Contribution
Cents/Capita
Contribution
Cap/County
1-5
$40,000
$7,500
6-10
$70,000
$7,500
11-15
$100,000
$10,000
16-20
$150,000
$12,500
(d)
Such local contributions shall be based upon, in the case of counties, an amount not to exceed fifteen cents (15¢) per capita based on the latest decennial census, one half (1/2) of which may be contributed by local incorporated cities or by other private, public or semipublic bodies; provided, that no county shall be required to contribute more than ten thousand dollars ($10,000) annually. The aggregate of such funds may also be used for purposes of matching various federal programs of assistance. Counties and municipalities may participate independently of each other in financing the activities of the board. Cities and counties are specifically authorized to appropriate and expend funds for carrying out the purposes of this chapter.
Amended by 2018 Tenn. Acts, ch. 1030, s 1, eff. 5/21/2018.
Acts 1973, ch. 289, § 7; T.C.A., § 13-2107; Acts 1989, ch. 575, §1; 1992, ch. 786, §1; 2007 , ch. 467, § 1.
2023 Tennessee Code › Title 13 - PUBLIC PLANNING AND HOUSING (§§ 13-1-101 — 13-30-120) › Chapter 26 - HUMAN RESOURCE AGENCY ACT OF 1973 (§§ 13-26-101 — 13-26-111) › Section 13-26-108 - [Repealed]

Repealed by 2021 Tenn. Acts, ch. 463, s 3, eff. 5/18/2021.
Acts 1976, ch. 666, §§ 1-3; T.C.A., §13-2108; Acts 2011 , ch. 295, § 19.