Tennessee bill would require TDOT to clear dangerous highway encampments; lawmakers debate housing, costs

A bill before the Tennessee House Transportation Committee would require the Department of Transportation to develop and implement a statewide policy to remove people and personal property used for camping from shoulders, berms, bridges and underpasses on state and interstate highways, Representative Leatherwood told the committee.

The measure, House Bill 197 as amended, directs the Department of Transportation to carry out the policy through partnerships and memoranda of understanding with municipal and county governments, local law enforcement agencies, the Department of Safety, local homeless coalitions, housing authorities, nonprofit organizations and other entities that provide transitional housing and services, Leatherwood said.

"It does not specify where any individual will go," Leatherwood said. "The bill does say the Department shall develop and implement the policy pursuant to this section through partnerships with municipal and county government, local law enforcement agencies, the Department of Safety ... local homeless coalitions, local and state housing authorities, other local and state agencies, nonprofit organizations, and other entities that provide transitional housing and related services to persons experiencing homelessness."

Why it matters: Sponsors and supporters framed the bill as a public-safety and coordination measure to address encampments at highway locations that can create hazardous conditions for people living there and for motorists. Opponents said the bill as written risks displacing people without guaranteeing shelter or preserving their property.

Representative Towns, who questioned the sponsor, asked what would happen to people after they are removed. "When we move remove the people, what where do they go? What happened with them at this point?" he asked during committee debate.

Representative Glenn criticized the bill's prior fiscal assumptions and objected to language about disposing of personal property. "We're taking a $64,000,000 fiscal note and saying let's have TDOT just remove them," Glenn said. "And then guess what? I think we can move these homeless folks into these shelters if we provide them with the resources. Just kicking them off of the spot does not give them opportunity to get off the street. And then this bill says dispose of their personal property. That's cruel. That's all they have."

Sponsor and supporters responded that an amendment adopted before the committee hearing removed the fiscal note and that the bill requires coordination with local service providers before any site cleanup. "The fiscal note is 0 on this bill as it's before you today," a sponsor said. He added the Department cannot begin a physical cleanup until no people remain on the site, and that the intent is to connect people with services.

Committee action: The committee voted 15 ayes and 4 nays to approve the amended bill and send it to government operations, the clerk reported.

What the bill does (as explained in committee): it directs TDOT to (1) develop and implement a policy for removing people and personal property used for camping from specified locations under TDOT jurisdiction (shoulder, berm, right of way, underpasses, overpasses), (2) enter into memoranda of understanding or coordination agreements with municipal and county governments, local law enforcement, the Department of Safety, homeless coalitions, housing authorities and nonprofits, and (3) ensure that cleanups occur only after efforts to move people into services or housing and after no individuals remain at the site.

Concerns raised: Committee members pressed on where people would be rehoused, cost and funding, and language that could permit disposal of belongings. Supporters said the bill does not direct TDOT to provide housing but to coordinate, and that local partners and nonprofits would be part of the response.

Next steps: The amended bill was forwarded to the House Committee on Government Operations.