... ... .·• :"c,:;/ !~!,- E)H): ! llj ;.-;!:~'::::. }/:;J : ~ ~tate of mennessee PUBLIC CHAPTER NO. 151 HOUSE BILL NO. 1096 By Mr. Speaker Sexton and Representatives Vaughan, Lamberth, Renea Jones, Burkhart, Todd, Howell Substituted for: Senate Bill No. 107 4 By Senators Johnson, Powers AN ACT to amend Tennessee Code Annotated, Title 4, relative to community benefits agreements. WHEREAS, Tennessee, as part of its economic development policy, has the right to set terms and conditions in connection with the awarding of economic development incentives; and WHEREAS, Tennessee, as part of its economic development policy, seeks to play an integral role in the formulation of economic opportunities, conditions of grants, and general management of compliance with such awards of money; and WHEREAS, Tennessee will oftentimes, as part of awarding economic development incentives, oversee compliance with land use regulations, including management of a subdivision of property; offer and provide water and wastewater services; require fire protection systems and mechanical systems for buildings and structures; approve capital grants; and ensure such is approved by the State Building Commission; and WHEREAS, Tennessee will oftentimes, as part of awarding economic development incentives, also require a private business to hire a certain number of new full-time employees, require a specific amount of company investment, and ensure workers obtain certain skills and knowledge; and WHEREAS, Tennessee, as part of its economic development policy, has a vested interest in seeking to advance and preserve its own interest in projects receiving economic development incentives as a financer of projects contributing to the state's overall economic health; now, therefore, BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: SECTION 1. Tennessee Code Annotated, Section 4-3-739(a), is amended by adding the following new, appropriately designated subdivisions: ( ) "Community benefits agreement" means an agreement or understanding of any type between an employer and a community group, organization, or other third party, other than the state, that: (A) Contractually binds the employer to fund or provide specific attributes, services or amenities, mitigations, or anything of value to a community or organization; (B) Establishes employment criteria of any type or form, including wage and hour criteria; or (C) Provides for or requires the employer to utilize a trade union or other unionized workforce where the employees collectively bargain with employers for wages, hours, or working conditions; ( ) "Community group" means an organized collective of people with similar interests or aims; ( ) "Organization" means a nongovernmental entity of any type, including, but not limited to, a nonprofit corporation, an organization, a club, an association, or a group; HB1096 SECTION 2. Tennessee Code Annotated, Section 4-3-739(b)(1), is amended by adding the following new subdivision: (D) Enter into a community benefits agreement or any similar legal contract if the agreement or contract imposes obligations or conditions on the employer regarding employment practices, benefits, or operations that are not directly related to the performance of the employer's duties under the economic development incentive; SECTION 3. Tennessee Code Annotated, Section 4-3-739(d), is amended by adding the following new subdivision: (3) Subdivision (b)(1 )(D) applies to contracts, agreements, and understandings executed, renewed, or otherwise modified on or after July 1, 2025. SECTION 4. This act takes effect July 1, 2025, the public welfare requiring it. 2 HOUSE BILL NO. 1096 PASSED: March 24. 2025 c-7~ CAMERON SEXTON, SPEAKER HOUSE OF REPRESENTATIVES n-2'~~~~- RAND~ f MC,ALLY SPEAKER OF THE SENATE APPROVED this r day of ftp Y( I 2025 l~ BILL LEE, GOVERNOR