End-of-session burnout enables East Bank bill passage

A delayed measure to create an oversight authority for Nashville's East Bank development scraped through at the end of legislative session. (Photo: John Partipilo)

Delays in an East Bank Authority bill that pushed it until the end of the legislative session allowed the measure to pass without debate, averting potential rancor that could have derailed it.

House Republicans sponsored late amendments that might have sent the chamber into disarray over the bill as the Legislature prepared to adjourn sine die.

One by Rep. Gino Bulso of Brentwood would have ended Metro Nashville’s eminent domain authority on the East Bank where a massive development is planned, including a $2.1 billion domed Titans stadium. Rep. Johnny Garrett of Goodlettsville sponsored amendments that would have added state members to the board and made designees of the state House and Senate speakers automatic chairs of the authority.

The board is designed to oversee the East Bank project where a Titans stadium bolstered by $500 million in state bonds, a Tennessee Performing Arts Center and apartments are to be constructed.

The bill was among the final measures considered by the House as it tried to wrap up business April 25, but by that time, lawmakers didn’t have the stomach for extended debate. 

Nashville Democrat Bob Freeman, sponsor of a bill to create an oversight authority for Nashville’s East Bank development, looks over the shoulder of Rep. Gino Bulso, a Brentwood Republican. (Photo: John Partipilo)

Efforts to keep delaying the bill might have backfired as Rep. Dale Carr, an East Tennessee Republican, called for an immediate vote, making a procedural move to skip debate. The bill passed 59-18 with three present not voting, including Democratic Reps. Darren Jernigan, who started working full time this week for Mayor Freddie O’Connell’s office, Aftyn Behn of Nashville and Justin Jones of Nashville. The latter two opposed the stadium project.

Lawmakers had to alter the bill from the outset to change the board’s makeup and placate opponents who said it would give the East Bank Authority the power of eminent domain. Democratic lawmakers worked the chamber until the final days and minutes of the session.

Rep. Bob Freeman, a Nashville Democrat who carried the legislation, said a late-filed amendment by Bulso would have been “blatantly unconstitutional” in taking away Metro’s authority to condemn property.

Freeman said Garrett’s amendments, also filed after a House deadline, appeared to be an effort to undermine the legislation as well.

Ultimately, however, the bill swept to passage around 5 p.m. on the final day of the 113th General Assembly.

“They were worn out,” Freeman said.

The Metro Nashville Council still has to approve the bill before the authority can be formed.

Jernigan, who is leaving the Legislature for the post with O’Connell’s office, said the mayor “understands the state’s investments” in the project and has no problem with having two state members serve on the board, giving it nine total members. Those weren’t in the original legislation, and lawmakers went back and forth on whether representatives of the House and Senate speakers or designees of the state’s Tourism Development and Economic and Community Development commissioners should hold the spots.

O’Connell issued a statement Monday saying he’s glad lawmakers adopted the “right tool for protecting a shared investment and securing a prosperous return.”

“The East Bank is at the very beginning of a long process where continued rapid and transformational growth with occur,” O’Connell said. “By working together with our partners at the state, we can ensure this authority will deliver a high-quality neighborhood that will benefit everyone. We do need to get approval from our Metro Council, and we proposed an arrangement we thought was appropriately inclusive of state and local participation. We’ll now work to persuade the Council that this tool is valid after receiving the state’s feedback and support. Had the tool not been approved at the state, we would’ve evaluated the next best tool available to us.”

Three days earlier before lawmakers adjourned, Democratic Sen. Heidi Campbell of Nashville passed the bill in the Senate on a 24-3 vote with two abstaining, including Democratic Sen. Charlane Oliver of Nashville. She sponsored the bill initially, even though she had opposed stadium construction, but then handed the bill to Campbell, in part because of upheaval over her criticism of Republican lawmakers on unrelated matters.

We do need to get approval from our Metro Council, and we proposed an arrangement we thought was appropriately inclusive of state and local participation.

– Nashville Mayor Freddie O'Connell

Republican Sen. Bo Watson of Hixson raised concerns early in the bill’s movement, saying it needed state representation and eminent domain restrictions. He noted before a vote on the measure that it had gone through more debate than just about any other private act.

Republicans clashed last year with Davidson County Democrats after the Metro Nashville Council declined to pass a resolution to bring the Republican National Convention to Nashville. That led to efforts by the Legislature to cut the size of the council and take over control of Nashville’s sports authority, fairgrounds and airport authority, most of which were struck down in court.

“One of the differences is that we are putting the state in a voting position from the very beginning,” Watson said.

Campbell pointed out Davidson County lawmakers wanted to avoid that conflict and described the authority’s creation as “the best way to protect investment.” She pointed out the board will have the ability to borrow money to build bridges and roads to support private development.

Metro government will not be liable for any interest on bonds taken out by the authority, and the state Comptroller will audit the board’s finances.

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