Tennessee § 9-23-108 - Application of proceeds.

§ 9-23-108. Application of proceeds.

Notwithstanding any provision of title 7, chapter 53 to the contrary, the proceeds of tax increment revenues payable to an industrial development corporation shall only be applied to pay public infrastructure costs, the costs of acquisition of a project site, the cost of improvements to a project site, including, but not limited to, demolition, clearing, grading, utility connections to public or private utilities, buildings constructed on a project site, equipment located on a project site, architects and engineering costs for the design of any improvements to a project site, access drives on a project site, landscaping for a project site, and stormwater facilities on a project site, the costs of issuance of bonds or notes relating to the foregoing costs or debt service related to the foregoing costs; provided, however, and other than for land, improvements, or equipment utilized for public infrastructure, that such revenues may be used for privately-owned land, improvements, or equipment, or for other purposes authorized by title 7, chapter 53, but not specified above, only if both the commissioner and the comptroller have made a written determination that the use of tax increment revenues for such purposes is in the best interest of the state. A request for this determination shall be in writing, and if the written determination approving or rejecting the proposed use is not rendered within thirty (30) days, the use is deemed approved. Acts 2012, ch. 605, § 2. Compiler's Notes. Acts 2012, ch. 605, § 6 provided that the CRA Act, which is the Community Redevelopment Act of 1998, as amended, being chapter 987 of the Public Acts of 1998, which act has not been codified, is hereby amended to add the following as a new section: “In the event of any conflict between the provisions of this act and title 9, chapter 23, the provisions of title 9, chapter 23 shall control.” Acts 2012, ch. 605, § 8 provided that the act, which enacted this chapter, shall not apply to a plan, or any amendment to such plan, for which required public hearings were conducted prior to March 21, 2012, without the concurrence of the tax increment agency, all affected taxing agencies, and the holders of any indebtedness secured by the tax revenues allocable pursuant to the plan.