Tenn. Code § 64-9-104

Current through Acts 2023-2024, ch. 509
Section 64-9-104 - Powers
(a) The authority is vested with all powers necessary for and consistent with accomplishing the purposes of this chapter, including, but not limited to, the power to:
(1) Adopt, amend, and repeal bylaws;
(2) Execute contracts;
(3) Subject to the approval of the commissioner of general services, employ individuals and create, combine, consolidate, or abolish divisions within the authority as the board deems necessary for the transaction of the authority's business;
(4) Retain third-party contractors and agents as the board deems necessary for the transaction of the authority's business and require or waive the bond of a contractor or agent as the board may deem appropriate. The engagement of outside legal counsel must comply with § 8-6-106;
(5) Enforce compliance with this chapter and the rules, policies, or land use regulations adopted pursuant to this chapter in a court of competent jurisdiction and seek any remedy available under applicable law or in equity;
(6) Own, acquire, purchase, option, convey, exchange, donate, sell, gift, rent, lease, improve, maintain, operate, and equip real and personal property, without the need for separate approval from another state agency, board, or commission, notwithstanding the requirements contained in § 12-2-112. These powers include, but are not limited to, the power to:
(A) Acquire, whether by purchase, exchange, gift, lease, or otherwise, and develop, improve, maintain, equip, and furnish one (1) or more projects, including, but not limited to, all real and personal property that the board may deem necessary in connection with the projects, regardless of whether or not such projects are then in existence;
(B) Lease to others one (1) or more projects and, in the board's sole discretion, establish, charge, waive, and collect rent for the projects, and execute amendments to such leases, which amendments, among other things, may provide for extending the terms of such leases, amending or extending payments in lieu of taxes due under the leases, and amending or extending rents or other payments due under the leases, together with all other terms and conditions as the board may deem advisable. The authority may include in a lease or amendment an option for the lessee to purchase all or a portion of the project with or without consideration;
(C) Sell to others one (1) or more projects for such payments and upon such terms and conditions as the board may deem advisable;
(D) Develop, improve, and maintain the grounds within the megasite, including, but not limited to, construction and maintenance of roads and buildings, utilities, signage, trash removal, vegetation control, and landscaping;
(E) Grant mortgages, deeds of trust, easements, or other encumbrances on all or a part of the megasite, including, but not limited to, subordinating this state's ownership interest in all or a part of the megasite; and
(F) Have exclusive control of and responsibility for the administration of properties and facilities constructed or acquired pursuant to this chapter, except as otherwise expressly provided in this chapter and except as applied to a college of applied technology established on the megasite in accordance with title 49, chapter 11, part 4;
(7) Accept and distribute grants and other incentives to induce projects to locate at or expand operations at the megasite or otherwise to further the purposes of this chapter;
(8) Have the exclusive authority to regulate land use, including the subdivision of property, located within the megasite;
(9) Enter into agreements with lessees of real and personal property located at the megasite regarding payments in lieu of ad valorem taxes and, at the authority's discretion, direct a lessee to make such payments in lieu of taxes directly to a municipality or county. A payment in lieu of taxes under such an agreement becomes and remains a first lien upon the fee interest in the leased property from January 1 of the year in which such payment in lieu of taxes is due. The authority and a municipality or county intended to receive such payment in lieu of taxes may each enforce such lien and obtain interest at ten percent (10%) per annum from the date due and reasonable attorneys' fees, by suit filed in a court of competent jurisdiction;
(10) Enter into agreements with local governments pursuant to title 12, chapter 9, regarding the provisions of governmental services to the megasite and the distribution to local governments of payments in lieu of ad valorem property taxes;
(11) Offer and provide water and wastewater services to customers located on the initial megasite property, together with all actions necessary or incidental to the provision of water and wastewater services, including the power to:
(A) Plan, establish, develop, investigate, study, acquire, purchase, construct, equip, improve, repair, extend, maintain, and operate a water system or wastewater system within or outside the megasite boundary to serve the initial megasite property;
(B) Buy, collect, store, process, treat, sell, transfer, dispose of, and distribute water and wastewater from, with, or to a county, municipality, utility district, this state or an agency thereof, the United States or an agency thereof, or a person, whether public or private;
(C) Acquire and own each type of property, franchise, or asset, whether real, personal, or mixed, tangible or intangible, whether located within or without the boundaries of the initial megasite property, and sell, lease, exchange, or convey properties, facilities, and services for the purpose of operating a water system or wastewater system;
(D) Establish and charge rates and set terms and conditions of service for the use of the water system or wastewater system and the sale of materials or commodities by the authority;
(E) Use a right-of-way, easement, or other similar property right held by this state or a political subdivision of this state that is necessary or convenient in connection with a water system or wastewater system; provided, that this state or the political subdivision consents to such use;
(F) Sell or otherwise dispose of all or a part of a water system or wastewater system;
(G) Adopt and enforce a pretreatment program, as that term is defined in § 69-3-103, pursuant to and in compliance with the Water Quality Control Act of 1977, compiled in title 69, chapter 3, part 1, and rules promulgated by the board of water quality, oil, and gas; and
(H) Operate a public water system, as that term is defined in § 68-221-703, pursuant to and in compliance with title 68, chapter 221, part 7, and rules promulgated by the board of water quality, oil, and gas;
(12) Condemn land, a right in land, an easement, or a right-of-way as the board deems necessary for effectuating the purposes of this chapter, whether or not the condemned property interest is owned or held for public use by a person or persons having the power of eminent domain or otherwise held or used for public purposes. Condemnation by the authority must not interfere with a prior public use of the property interest that is being condemned. The power conferred in this subdivision (a)(12) may be exercised pursuant to any applicable statutory provision, now in force or later enacted, for the exercise of the power of eminent domain;
(13) Do and perform each and every act and thing and have and exercise each and every power that the board, in the board's sole discretion, deems necessary, convenient, or appropriate, to accomplish the purposes of this chapter. The inclusion of a specific power in this chapter does not limit the broad general powers granted to the authority. The exercise of the authority's powers, including, but not limited to, the powers with respect to the disposition, development, encumbrance, lease, sublease, or improvement of state property, are exclusive and are not subject to further approval, except as expressly provided in this chapter; and
(14) Promulgate rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. The board may, in the board's sole discretion, require that a board action be accomplished by rule. Otherwise, a board action may be accomplished by majority vote of the entire membership of the board.
(b) Except as otherwise expressly provided in this chapter, and notwithstanding title 4, chapter 15, or any other law to the contrary, the powers of the authority are exclusively vested in the authority.

T.C.A. § 64-9-104

Added by 2021EX2 Tenn. Acts, ch. 1, s 1, eff. 11/3/2021.