Lawmakers Easing Off Brakes On Nashville’s East Bank Authority Bill

Approval of the creation of a commission to oversee development of Nashville’s East Bank has been slowed in the legislature.

Photo Credit: John Partipilo

By Sam Stockard [Tennessee Lookout – CC BY-NC-ND 4.0] –

Legislation to create a special authority to oversee the 130-acre East Bank area surrounding the Titans stadium in Nashville could be reaching the finish line, even as outside forces try to wave a caution flag.

Lawmakers in the Senate delayed the measure, Senate Bill 2968 sponsored by Sen. Charlane Oliver, D-Nashville, until next week after finance committee chairman Bo Watson, R-Hixson, had several concerns about the legislation. 

In the House, Local Government Committee Chairman John Crawford, R-Bristol/Kingsport, appears to be satisfied after sending the legislation to the Comptroller’s Office for review. It could go back before his panel next week for reconsideration after he requested the Calendar & Rules Committee take the rare move of sending it backwards rather than to a floor vote.

North Carolina-based Speedway Motorsports, LLC, which owns Bristol Motor Speedway, was supposedly a key factor in the bill’s snail-like pace. The racing company wanted state lawmakers to use the East Bank Authority as leverage to force Nashville Mayor Freddie O’Connell to strike a deal to help fund renovations at Nashville Fairgrounds racetrack. 

Former Nashville Mayor John Cooper struck a deal with the company in 2022, but failed to get it approved by the Metro Nashville Council before he left office. But Joe Hall, a representative for the company, said Wednesday the group is not trying to derail the bill.

Another push involves giving the governor and Senate and House speakers appointments to the East Bank Authority. The current version of the bill includes the secretary of state, comptroller and state treasurer as non-voting ex-officio members of the authority. The Nashville mayor and council would appoint the seven voting members.

Another problem is GOP rancor about Oliver, who openly criticized Republican senators after they passed a bill overturning a Memphis City Council ordinance ending “pretextual” police stops.

Oliver told the Lookout this week the private act for the East Bank Authority had unanimous support from the Davidson County legislative delegation. 

“It’s enabling legislation so the council and mayor can push forward,” Oliver said.

But in the last couple of weeks, the plan lost some traction. 

Republican Sen. Mark Pody, who represents a portion of eastern Davidson County, removed himself as a co-sponsor because of concerns about eminent domain and said he wants to make sure it keeps Metro Nashville from condemning people’s homes.

Under Senate rules, private acts are to have unanimous support from their legislative delegation. Still, Pody, a Lebanon Republican, predicted Wednesday that the bill would pass.

Hanging over the authority bill is O’Connell’s negotiation with Speedway Motorsports, first reported by the Nashville Banner. O’Connell opposed the deal to publicly finance $1.26 billion of the $2.1 billion for a new NFL stadium for Titans, arguing that his administration would focus more on neighborhoods than on sports stadium deals.

The final block is Watson, who said he received more questions about the bill than he and the sponsor likely expected. He pointed toward questions about eminent domain, the entity’s function, a potential amendment about protecting the property from homeless and transient people and illegal immigrants, responsibility for grants and bonds and the addition of more state representatives on the board.

“We just decided to take a longer look at it than maybe we might ordinarily,” Watson said. 

Giving the Senate and House speakers appointments is reminiscent of last year’s uproar about state efforts to take over Metro airport, sports and convention center authorities, most of which were found unconstitutional by courts. 

Lt. Gov. Randy McNally said through a spokesman Wednesday he did not request appointment power, nor is he opposed to the bill. McNally hadn’t heard from Speedway Motorsports either.

Asked if the authority’s creation is being held hostage by the Speedway group, Watson said he didn’t know anything about the situation. 

He pointed out, however, that the governor included $17 million in his budget amendment that would go toward improvements at the racetrack, a move that could pave the way for NASCAR events. Watson added he has nothing to do with that project.

The bill seemed to be sailing along until Crawford’s action to delay the bill in mid-March. 

Crawford, who sponsored the bill last year to change the Fairground Board’s makeup and help Speedway Motorsports enter the racing scene, said he sent the private act back to his committee so the Comptroller’s Office could review it after a new amendment was added. He also said he wanted to make sure it didn’t have statewide impact. 

Rep. Bob Freeman, D-Nashville, said Wednesday he was told lawmakers want to “dig into the numbers” and get a better understanding of the proposed authority.

The question about whether the proposed authority would have the power of eminent domain also remains a sticking point, according to Watson.

But Oliver and Freeman, the House sponsor, say that has been handled in an amendment.

The Metropolitan Development and Housing Agency and the state have the ability to condemn property for public purposes. But the proposed authority wouldn’t have that ability, according to Freeman, and any bonds it approves for projects would have to go through the Metro Council.

Freeman contends the authority will “streamline” government and take “political swings” from different mayoral administrations out of the equation.

“You’ve got an authority that’s professionally responsible for making sure that’s done in the most effective, efficient way so we can start getting tax revenue back to repay these bonds,” Freeman said.

The state borrowed $500 million to go toward a $2.1 billion, enclosed Titans stadium that is set to open by 2026.

The Tennessee Performing Arts Center, a state project, also is slated to go on the East Bank property, in addition to housing, a percentage of which is to be defined as “affordable.”

About the Author: Sam Stockard is a veteran Tennessee reporter and editor, having written for the Daily News Journal in Murfreesboro, where he served as lead editor when the paper won an award for being the state’s best Sunday newspaper two years in a row. He has led the Capitol Hill bureau for The Daily Memphian. His awards include Best Single Editorial from the Tennessee Press Association. Follow Stockard on Twitter @StockardSam