Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Transportation Infrastructure topic
No spam. Unsubscribe anytime.
Senate approves subterranean transportation authority after heated debate over accessibility and liability
Summary
The Tennessee Senate passed Senate Bill 22 05, creating a state authority to coordinate subterranean transportation projects after floor amendments addressing accessibility for people with disabilities and liability were adopted amid sharp exchanges about private company oversight and local control.
The Tennessee Senate on third and final consideration approved Senate Bill 22 05, creating a statutory framework for subterranean transportation infrastructure and an oversight authority to coordinate tunneling projects statewide.
Sponsor Leader Johnson told colleagues the legislation centralizes subsurface permitting and life-safety oversight and will attract private investment. “This project will generate in excess of $1,000,000,” Johnson said, pointing to the fiscal note and adding that contractual language will protect the state and users. He also said agencies including TDEC, Department of Transportation and the State Fire Marshal will provide environmental and safety oversight.
Opponents pressed the floor on whether the bill sufficiently protects local governments and taxpayers from risk. Senator Yarbrough argued the measure creates an unprecedented delegation of powers to a private company and an authority that can override local zoning and even exercise eminent-domain-like powers. “We're taking an awful big risk when you're talking about digging under a city... Millions to billions of dollars in damages,” Yarbrough said, urging further protections.
The Senate adopted several committee and floor amendments, including one (amendment 4) requiring project accessibility for people with disabilities and parity with federal ADA protections. Senator Yarbrough had pushed for the accessibility language after expressing concern that private operations might not meet ADA standards; the amendment passed after debate in which Leader Johnson said federal standards already apply but the amendment would remove doubt.
Members also questioned liability and contractual protections. Senator Campbell asked whether the state was assuming greater responsibility when private contractors fail to perform, noting reports of compliance issues on similar projects in other cities. Leader Johnson responded that contractual language and procurement statutes would address liability and require adequate protections.
After debate and adoption of amendments, the Senate voted to pass the bill on third and final reading. The floor recorded the final vote in favor as 26 and opposed as 5. The legislation now moves to the next steps prescribed for enacted bills.
