Official Summary Text
Present law establishes the transportation modernization fund to be used for all of the following purposes:
To fund strategic transportation initiatives, including, but not limited to, congestion mitigation, rural interstate widening, and the accelerated delivery of strategic transportation improvements over and above the transportation improvements program generally supported by the state highway fund.
To respond to a transportation system failure, an imminent threat of a failure, or other emergency, which use may be eligible for reimbursement from the federal government.
Another purpose for which the state highway fund may be lawfully used.
Prior to each January 1, present law requires the department of transportation to submit a report to the speakers of the senate and the house of representatives, the chair of the transportation and safety committee of the senate, and the chair of the tra
nsportation committee of the house of representatives, on the status of projects funded by the transportation modernization fund. The report must include all of the following for each project:
The date on which engineering activities began, or are anticipated to begin, if known.
The date on which right-of-way acquisition activities began, or are anticipated to begin, if known.
The date on which construction activities began, or are anticipated to begin, if known.
The date on which construction was completed, as applicable.
This bill adds that the report must also include for each project the estimated total project cost; the current phase of project development; the anticipated procurement or delivery method; the anticipated completion date; and a general description or ma
p identifying the location of the project within existing or proposed transportation corridors.
ON APRIL 13, 2026, THE SENATE ADOPTED AMENDMENT #3 AND PASSED SENATE BILL 2205, AS AMENDED.
AMENDMENT #3 rewrites the bill to, instead, enact the "Subterranean Transportation Infrastructure Coordination Act." The amendment establishes the governor's infrastructure coordination council ("council") within the executive branch to coordinate the r
eview of transit projects among departments and agencies of state government and to facilitate efficient and predictable regulatory review of such projects. Such council must consist of the commissioners of transportation, commerce and insurance, environ
me
nt and conservation, economic and community development, finance and administration, and general services, and any other commissioner or executive branch official designated by the governor whose participation the governor determines necessary. Members o
f the council serve without compensation, except for reimbursement for travel expenses. The council is administratively attached to the department of commerce and insurance for administrative purposes only.
This amendment requires the governor to appoint a chair of the council to be known as the state infrastructure coordinator. Such individual may be a member of the governor's staff or an employee of a department or agency within the executive branch of s
tate government, including a commissioner. The council must meet at the call of the coordinator, with a majority of the members of the council constituting a quorum for the transaction of business.
As used in this amendment, a "transit project" means
a subterranean tunnel or system of subterranean tunnels designed primarily for the intrastate transportation of passengers or goods
for non-highway use
using electric, autonomous, or low-emission vehicles, or other emerging technology for vehicles and transportation systems, where the tunnels are constructed at depths sufficient to avoid interference with surface uses
. It does not include a mass
transit or public transportation project that uses or occup
ies rights-of-way on state highway systems
. As used in this amendment, a "non-highway use" means transportation that does not occur on or involve the use of a highway that is owned, maintained, or operated by a governmental entity and open to general public travel, and that includes privately-op
erated transportation systems that are not part of a state or federal highway system.
SUBTERRANEAN TRANSPORTATION INFRASTRUCTURE COORDINATION AUTHORITY
This amendment establishes the subterranean transportation infrastructure coordination authority ("authority") on July 1, 2026 for the purpose of resolving disputes, hearing appeals, and exercising the powers necessary to facilitate the construction, ope
ration, and maintenance of a transit project. The authority is governed by the board of directors ("board") consisting of nine voting members as follows:
Three members appointed by the governor, with expertise in (i) utilities infrastructure, transmission, and regulation; (ii) transportation and civil engineering; or (iii) economic development and tourism.
Three members appointed by the speaker of the house of representatives, with expertise in (i) geotechnical and structural engineering; (ii) financial transactions and public finance; or (iii) public policy and government relations.
Three members appointed by the speaker of the senate, with expertise in public transportation and urban planning; (ii) local government permitting and land use regulations; and (iii) environmental science, sustainability, and safety.
The board also has three non-voting members, including (i) the state infrastructure coordinator; (ii) the commissioner of commerce and finance; and (iii) the commissioner of transportation. Initial appointments to the board are for staggered terms. Fol
lowing terms are for four years. Board members are eligible for reappointment and may serve consecutive terms. Vacancies must be filled for the remainder of a term.
This amendment requires the governor to call the first meeting of the board. Following this initial meeting, the board will meet at the call of the chair or a majority of the membership of the board. Five voting board members constitutes a quorum for t
he transaction of business. Board members serves without compensation except for reimbursement for travel expenses.
This amendment provides that the authority is administratively attached to the department of commerce and insurance. The department, within existing resources, must authorize department personnel to assist the authority in carrying out administrative du
ties.
Jurisdiction and Powers of the Authority
This amendment provides that the authority has jurisdiction over appeals filed by an operator or other affected party concerning all of the following:
A denial
or conditional approval
of an application by a local governmental entity
.
A failure of a local governmental entity or utility to act within
the timelines established by this amendment or by rule of the authority.
An adverse utility decision
.
A dispute concerning coordination of infrastructure necessary for the construction or operation of a transit project, including a determination of the term of a lease or agreement between an operator and a local governmental entity
or utility.
This amendment
requires the authority to review an appeal heard pursuant to this amendment de novo. In conducting such a review, the authority may consider (i) the record before the local governmental entity or utility; (ii) a written determination, notice, or other wr
itten material issued by the local governmental entity or utility; and (iii) additional evidence, testimony, or documentation that the authority determines is relevant. Further, the authority must permit the operator, the local governmental entity, or th
e
utility to offer testimony and to submit written briefs, supporting documentation, and other materials relevant to the issues on appeal. The authority is prohibited from deferring to a legal conclusion, a policy determination, or the discretionary judgme
nt of a local governmental entity or utility.
This amendment requires the authority to uphold a denial, condition, requirement, restriction, or adverse decision of a local governmental entity or utility only if the local governmental entity or utility provides by a preponderance of the evidence that
the challenged action (i) is authorized by this amendment or other applicable law; (ii) is based on objective and specifically identified facts; (iii) is reasonably necessary to prevent a material interference with the present or reasonably foreseeable u
se
of property subject to the jurisdiction of the local governmental entity, or the safe and reliable operation and use of a utility's existing systems, facilities, or infrastructure, subsurface rights-of-way, or other property interest; and (iv) is narrowl
y tailored and does not prohibit, effectively prohibit, or materially delay the construction, operation, or maintenance of the transit project. If the local governmental entity or utility fails to show the denial or condition meets the above requirements
,
then the authority must invalidate or modify the challenged action. However, the authority may impose reasonable conditions or restrictions necessary to protect the affected interests of the local governmental entity or utility.
This amendment requires the authority, through the board, to establish an expedited appeal and review process for permits, plans, approvals, and applications for service submitted to a local governmental entity or utility, and for which an operator files
an appeal with the authority. Further, the authority has other specific powers described in this amendment.
This amendment authorizes the authority to execute memoranda of understanding with the departments of transportation, commerce and insurance, environment and conservation, and general services; the Tennessee public utilities commission; and other relevan
t state departments and agencies to coordinate any functions or powers of such entities in furtherance of the construction, operation, and maintenance of a transit project. However, the authority is prohibited from taking any action or exercising any aut
ho
rity, function, duty, or power of a state department or agency, except under such memorandum.
This amendment authorizes the board to execute a contract, lease, memorandum of understanding, work order, or other agreement for the purposes of facilitating the construction, operation, and maintenance of a transit project on local government-owned pro
perty. Such a contract, lease, memorandum of understanding, work order, or other agreement may be made with (i) a
state department or agency to perform any function, power, or authority of the department or agency under the supervision of the respective de
partment or agency
; and (ii) an
operator to perform any function relative to the design, construction, operation, and maintenance of a transit project by the operator.
Condemnation of Public Land
This amendment authorizes the authority to condemn land, a right in land, an easement, or a right-of-way that the board determines is reasonably necessary for purposes of the construction, operation, or maintenance of a transit project, after a hearing.
However, this applies only to property interests owned by or held for the benefit of a local governmental entity and such condemnation must not interfere with a prior public use of the property or interest. Further, the power to condemn granted by this
am
endment must not be used to acquire property interests for surface development that is not primarily related to the construction, operation, or maintenance of a transit project.
Before exercising the condemnation power granted by this amendment, the authority is required to determine that (i) the property interest is reasonably necessary for the construction, operation, or maintenance of a transit project; (ii) good-faith negoti
ations consistent with this amendment have occurred; (iii) the local governmental entity denied a completed application of the operator; and (iv) the acquisition will not unreasonably impair an existing public use or planned public use that is formally ad
op
ted or identified. If the authority determines that condemnation is necessary, then the authority is authorized to initiate a condemnation action in court. A property interest acquired pursuant to this amendment must be held in trust on behalf of this s
tate, and must be used primarily for the purposes related to the construction, operation, or maintenance of a transit project.
TRANSIT PROJECTS
Review by Council
This amendment requires the council to coordinate the review of transit projects that require approvals, permits, or actions from multiple departments or agencies of state government, and to establish procedures for the coordinated review of transit proj
ects, including procedures (i) for the submission of applications for permits or approvals required by state law; (ii) for the coordination of review by departments and agencies with jurisdiction over a component of a project; (iii) establishing timelines
f
or department and agency review and action on applications, permits, and documents; and (iv) interagency consultation necessary to complete review of a project. The council is authorized to designate a lead department or agency to coordinate the review o
f a project involving multiple departments or agencies and to establish or consolidated applications process through which an applicant may submit materials required for review by multiple departments or agencies.
This amendment does not transfer regulatory authority from a department or agency of state government to the council. Further, it does not limit the statutory authority a department or agency to regulate activities within the jurisdiction of the departm
ent or agency. A department or agency retains the authority granted to the department to approve, deny, or condition permits or approvals required by a project.
State Owned Property
This amendment requires the council to produce a legal description of every transit project located on the property or under a right-of-way of this state. Such a description must include specific information as described in this amendment.
Additionally, this amendment requires the legal description to be included in a survey, plat, memorandum, or other
recordable instrument and recorded with the state building commission and with the register of deeds for each county in which the transit project is located, and any other state or local governmental entity or official as deemed necessary by the council.
If there is an expansion, contraction, diversion, or modification of an existing transit project, the council must produce and record a legal description of the expansion, contraction, diversion, or modification. The legal description must clearly delin
ea
te between the surface components and subsurface components of a transit project for purposes of jurisdiction over and the regulation of surface construction and subsurface construction.
This amendment requires the council to designate each point for entry into and exit from a transit project for purposes of distinguishing between surface and subsurface jurisdiction over the transit project with respect to applicable local governmental l
aws, rules, and regulations, building and safety, and fire codes, and enforcement of motor vehicle laws.
Surface Construction and Local Governmental Authority
This amendment provides that a local governmental entity retains jurisdiction over surface construction. However, this does not include stations, entrances, exits, portals, ventilation facilities, electrical systems, emergency access structures, or othe
r infrastructure associated with the construction, operation, or maintenance of a transit project. Further, temporary construction activities associated with the development of a transit project are not surface construction subject to local government ju
ri
sdiction. As used in this amendment, "surface construction" means
construction occurring above ground and outside of the points designated for entry into and exit from a transit project, but within the legal boundaries of a transit project as delineated in the legal description of the project
.
This amendment requires a local governmental entity to review surface construction applications in accordance with
generally applicable building standards. However, a local government is prohibited from adopting or enforcing a building, construction, safety, land use, or zoning requirement that prohibits or effectively prohibits the construction or operation of a tra
nsit project. A local governmental entity is prohibited from regulating (i) subterranean infrastructure associated with a transit project; (ii) the design, construction, operation, or maintenance of tunnels associated with a transit project; (iii) statio
ns
, entrances, exits, portals, or other facilities located at the designated points of entry into or exit from a transit project; (iv) ventilation, electrical, safety, or operational systems associated with a transit project; or (v) the location of transit
project entrance, exit, station, or portal designated by this amendment. Further, a local governmental entity is prohibited from imposing conditions on the approval of a permit, application, plan, or document that would have the effect of prohibiting or
ma
terially delaying the construction or operation of a transit project. A local governmental entity is prohibited from requiring an operator to obtain additional approvals or permits not consistent with customary and ordinary industry standards for approva
ls and permits required for development and construction projects of comparable cost within the jurisdiction of the local governmental entity.
This amendment requires an operator to submit applications, plans, and other required documents for surface construction to the appropriate local governmental entity. A local governmental entity must, within 10 business days of receipt, (i) approve the
submission, if the information provided by the operator complies with applicable standards; (ii) provide a written report identifying with specificity each deficiency preventing approval; or (iii) request additional information reasonably necessary to det
er
mine compliance with applicable standards. A report of deficiencies or request for information must (i) identify all known deficiencies at the time of review; (ii) be based on objective, published standards applicable to the project; and (iii) not requir
e information unrelated to compliance with applicable standards. As used in this amendment, "operator" means a public or private entity proposing to design, construct, own, operate, or maintain, or that is party to an agreement for the design, constructi
on
, operation, or maintenance of, a transit project.
If an operator resubmits a request for approval of an application, permit, plan, or documentation addressing deficiencies, then this amendment requires the local governmental entity to review the resubmission within 10 business days. The local governmen
tal entity must either approve the resubmitted application or issue a final written determination identifying any remaining deficiency related to a previously identified deficiency. However, any new deficiency must not be based on matters that could have
r
easonably been identified in an earlier review or impose new requirements unrelated to previously identified deficiencies. This amendment provides that a failure of a local governmental entity to take action within 10 business days, then the failure cons
titutes a denial. Such a denial is subject to appeal to the authority.
This amendment prohibits a local governmental entity from adopting or enforcing an ordinance, rule, or requirement that indirectly regulates subterranean infrastructure through regulation of surface construction. Further, a local
governmental entity shall not adopt or enforce a zoning classification, land use regulation, ordinance, resolution, rule, or other requirement that prohibits or effectively prohibits the construction, operation, or maintenance of a transit project.
A local governmental entity is
prohibited from denying, conditioning, or delaying approval of surface construction for a transit project solely on the basis of land use regulation or zoning classification.
Subsurface Construction and State Governmental Authority
This amendment provides that the state has exclusive jurisdiction over subsurface construction of transit projects. The state fire marshal has the authority for permitting, inspection, and enforcement authority for subsurface construction associated wit
h a transit project including (i) plan review for subsurface construction; (ii) issuance of permits for subsurface construction; (iii) inspection of subsurface construction; and (iv) enforcement of fire safety and life safety standards applicable to subsu
rf
ace construction. Further, the state fire marshal has authority over permitting and inspection of entrances, exits, portals, and other access structures associated with the subsurface components of a transit project.
This amendment provides that a permit, approval, or inspection issued by the state fire marshal preempts any permit, approval, certification, or inspection otherwise required by a local governmental entity for subsurface construction. A local government
is prohibited from conditioning approval of surface construction on the issuance of or requirement for a permit, approval, certification, or inspection for subsurface construction.
This amendment requires a lease, contract, or other agreement entered into after July 1, 2026, that authorizes subsurface construction beneath a right-of-way or property owned by this state that is part of the state highway system, to include provisions
addressing the payment or allocation of costs associated with the preparation, review, certification, or approval of engineering plans, designs, and specifications required by the department of transportation or by applicable federal or state law.
Subsurface Construction Beneath Local Public Property
This amendment authorizes an operator to apply to a local governmental entity for approval of subsurface construction beneath property owned by the local governmental entity. Such application must include (i) a legal description of the portion of the pr
oposed transit project to be constructed under such property; (ii) engineering plans and specifications sufficient to demonstrate that construction will not materially interfere with the use of the property; (iii) the proposed location and depth of subsur
fa
ce construction; and (iv) any other information reasonably necessary for the local governmental entity to evaluate the application. A local governmental entity must review the application to determine if the proposed construction will materially and subs
tantially interfere with the present or reasonably foreseeable use of the property. The local governmental entity may approve the application, approve the application with reasonable conditions, or deny the application. Any condition imposed must be rea
so
nably necessary to protect the present or reasonably foreseeable use of the property.
This amendment requires the local governmental entity to make a written determination on the application within 30 days of receipt of a complete application. If the application is denied, such denial must identify a specific basis for
the denial and the property interest or use that would be materially and substantially interfered with as a result of the transit project. If a local governmental denies an application or approves an application subject to conditions, an operator may app
eal such decision to the authority. The authority may (i) uphold, modify, or invalidate the denial or a condition imposed after consideration of the appeal; (ii) provide the operator with an opportunity to cure or comply with each specified defect or con
di
tion specified in a denied or conditionally approved application; or (iii) exercise its own powers, if the authority determines that the operator and local governmental entity are at an impasse after good faith negotiations. Upon completion of the appeal
s process, the authority must enter a final order. Such final decision constitutes final administrative action for purposes of judicial review.
This amendment requires a local governmental entity that approves an application for subsurface construction to enter into a lease or other agreement with the operator authorizing construction, operation, and maintenance of the transit project beneath th
e property of the local governmental entity. If the local governmental entity and operator cannot agree on the term of the lease or other agreement, then the operator must provide notice to the authority for an expedited hearing to establish the term. H
ow
ever, such a lease or other agreement is prohibited from containing encumbrances, burdens, restrictions, conditions, or requirements that are stricter than those contained in a substantially similar lease or agreement executed by the department of transpo
rtation for the construction or operation of a transit project on state-owned property. A provision of a lease or other agreement that violates this amendment is void and unenforceable.
This amendment requires a local governmental entity and an operator that have entered into a lease or other agreement regarding a transit project to produce a legal description of that portion of the transit project including the same information require
d to be published by the council, as described above. Such description must be included in a survey, plat, memorandum, or other recordable instrument and recorded with the state building commission and with the register of deeds for the county in which t
he
transit project is located, and any other state or local governmental entity or official as deemed necessary. Further, the local governmental entity must produce a description of any approved expansion, contraction, diversion, or modification of a trans
it project beneath property owned by local governmental entity. The legal description must clearly delineate between the surface components and subsurface components of that portion of the transit project for purposes of jurisdiction over and regulation o
f
surface construction and subsurface construction.
Utility Service
This amendment requires an operator to apply for utility service through the normal application process of the applicable utility. A utility must review such applications in the same manner as applications submitted by other customers requesting compara
ble utility service. Further, a utility must cooperate with an operator in coordinating the construction, operation, and maintenance of utility systems, facilities, and infrastructure that serves a transit project including (i) provision of utility servi
ce
; (ii) relocation or protection of existing utility systems, facilities, and infrastructure; and (iii) identification of subsurface rights-of-way or infrastructure that may affect construction of a transit project. If the construction, operation, or main
tenance of a transit project requires the relocation, protection, adjustment, or reconstruction of existing utility systems, facilities, or infrastructure, then the operator must bear the associated actual costs, unless otherwise agreed upon by the operat
or
and the utility. As used in this amendment, "actual costs" means costs consistent with prevailing market rates for comparable work within the same geographic region. It does not include (i) costs for betterments, upgrades, or expansions that increase t
he capacity or capability of a utility's systems, facilities, or infrastructure beyond what existed before the relocation, protection, adjustment, or reconstruction; (ii) costs that exceed the prevailing market rates; (iii) costs that could have been avoi
de
d through the alternative use of commercially reasonable methods; or (iv) costs that are not directly attributable to such relocation, protection, adjustment, or reconstruction.
This amendment requires an operator to design and construct a transit project in a manner that (i) maintains reasonable separation from existing utility systems, facilities, and infrastructure; and (ii) does not unreasonably interfere with a utility's ab
ility to comply with applicable federal or state safety standards, including minimum cover, clearance, and access requirements.
This amendment requires a utility to provide written notice of an adverse utility decision to the operator and to the authority no later than 10 business days after receiving an application or request from an operator for utility service or other approva
l, accommodation, or variance. Such notice must (i) identify the basis for the utility's decision; (ii) describe each utility system, facility, infrastructure, subsurface right-of-way, or property interest adversely affected that is known by the utility
af
ter receipt and review of the operator's application; and (iii) state whether the decision prohibits construction of the transit project or requires modification of the proposed construction. An adverse utility decision occurs if a utility (i) denies and
operator's application for utility service; (ii) refuses to provide or coordinate utility service necessary for the construction, operation, or maintenance of a transit project; (iii) refuses to relocate, protect, adjust, or coordinate existing utility s
ys
tems, facilities, or infrastructure that conflict with construction of a transit project; (iv) determines that
construction would cross or otherwise affect a subsurface right-of-way or other property interest held by the utility and prohibits or refuses to allow construction within or around that
right-of-way
or property
interest; or (v) requires payment of costs, other than actual costs, as a condition of providing utility service or coordinating the relocation, protection, adjustment, or reconstruction of
a utility's systems, facilities, or infrastructure.
This amendment provides that an adverse utility decision is subject to appeal to the authority, which may uphold, modify, or overturn a utility decision. In resolving an appeal, the authority may establish reasonable conditions for utility coordination
necessary for construction, operation, or maintenance of the transit project. Upon completion of the appeals process, the authority must issue a final administrative order. Such a decision of the authority constitutes final administrative action for purp
os
es of judicial review.
Emergency Services
This amendment provides that an operator has exclusive authority for initial emergency response, emergency medical services, fire suppression, life safety, and security operations between the points designated for entry into and exit from a transit proje
ct. This provision applies to all subterranean portions of the transit project and to all stations, entrances, exits, and related facilities located between the points designated for entry into and exit from the transit project. A local governmental ent
it
y is prohibited from asserting concurrent jurisdiction over emergency response activities located in such locations, unless requested by the operator. However, this does not limit the authority of the state fire marshal under this amendment or prohibit c
oordination between an operator and local governmental entity for mutual aid, interoperability, or incident support.
This amendment requires the operator to adopt written emergency response and life safety protocols consistent with applicable state and federal law. Such protocols must be submitted to the authority and to the emergency management agency or other emerge
ncy response authority of each local governmental entity in which a transit project is located. However, such submission does not require approval.
Funding
This amendment establishes the transit project fund to be used by the authority for the administration of this amendment, to carry out the powers and duties of the authority, and for any other lawful purpose by the authority. The fund consists of fees i
mposed by the authority for permits and applications that are paid by an operator and all other appropriations, grants, gifts, and other revenue received by the authority. However, this amendment clarifies that it must not be construed to jeopardize fede
ra
l funding.
DISPUTE RESOLUTION, LIABILITY, AND CONFLICTS
Three-Judge Panel
This amendment establishes a three-judge panel, having exclusive jurisdiction over (i) a civil action
challenging a determination by or an action of this state, the council, the authority, the board, or an operator in accordance with this amendment, or otherwise brought against this state, the council, the authority, the board, or an operator; and (ii) a
civil action brought by this state, the council, the authority, the board, or an operator to enforce any rights, duties, or powers of this state, the council, the authority, the board, or an operator under this amendment. However, the three-judge panel d
oe
s not have jurisdiction over a cause of action arising from negligence, including injury to person or personal property, as the result of the exercise or discharge of a power, duty, or function of an operator in accordance with this amendment or in furthe
rance of the construction, operation, or maintenance of a transit project. The attorney general must represent this state, the council, the authority, and the board in all civil actions brought pursuant to this amendment.
Liability of an Operator
This amendment requires an operator under contract for the design, construction, operation, or maintenance of a transit project to indemnify this state, a local governmental entity, a utility, or a private party from any damages to real or personal proper
ty or otherwise arising out of the actions, omissions, or negligence of the operator. Further, the state, the authority, a department or agency of this state, a local governmental entity, a utility, or a private party is not liable for damages arising fr
om
the actions, omissions, or negligence of an operator performed pursuant to a contract or agreement for the design, construction, operation, or maintenance of a transit project.
Conflicts of Law
To the extent this amendment conflicts with another provision of state law, this amendment controls. However, this amendment does not supersede laws pertaining to taxes and licenses required by present law.
AUTOMATED DRIVING SYSTEMS (ADS)
Present law prohibits a political subdivision from prohibiting or regulating the use of an automated driving system (ADS) operated vehicle that is operating in compliance with laws of this state and the political subdivision. Further, a political subdiv
ision is prohibited from prohibiting or regulating the use of a motor vehicle operated at any level of autonomous technology. This amendment also prohibits a political subdivision from prohibiting or regulating the use of a motor vehicle operated in conn
ec
tion with a transit project governed by this amendment.
TENNESSEE GOVERNMENTAL ENTITY REVIEW LAW
This amendment provides the council land authority terminates on June 30, 2028, for purposes of the Tennessee Governmental Entity Review Law.
RULEMAKING
This amendment authorizes the council to promulgate rules to effectuate this amendment. Such rules may include procedures for (i) standardized application procedures for transit projects; (ii) coordinated timelines for department and agency review of ap
plications, permits, and documents; (iii) procedures for interagency coordination and consultation; and (iv) other procedures necessary to facilitate coordinated review of infrastructure projects in this state.
This amendment requires the state fire marshal to promulgate rules to effectuate this amendment, including prescribing by rule a streamlined, state-level application, approval, permitting, inspection, and regulatory process for the design, construction,
operation, and maintenance of subsurface construction associated with a transit project. Such rules must establish (i) uniform building,
engineering, construction, safety, inspection, permitting, ventilation, and related standards applicable to subsurface
construction;
(ii) a consolidated
state application and approval process that preempts conflicting or duplicative local permitting and inspection requirements for subsurface construction;
(iii) defined
timelines for review and approval of applications, submissions, appeals, and other administrative matters; and
(iv) procedures
for inspection and enforcement of applicable standards during construction, operation, and maintenance of a transit project.
However, the state fire marshal is not required to adopt
new rules where existing building and safety codes or rules are sufficient to carry out the intent of this amendment.
This amendment authorizes the authority to promulgate rules and emergency rules to effectuate this amendment. Such rules may include rules creating fees for permits, applications, appeals, and other administrative functions.
EFFECTIVE DATE
This
amendment takes effect immediately upon becoming a law for the purposes of promulgating rules, making appointments, hiring employees, and carrying out administrative duties necessary to effectuate this amendment. For all other purposes, this amendment ta
kes effect on July 1, 2026.