23 LC 51 0341
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Senate Bill 220
By: Senators Goodman of the 8th, Watson of the 11th, Anderson of the 24th, Walker III of
the 20th, Sims of the 12th and others
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 10 of Title 44 of the Official Code of Georgia Annotated, relating to
1
historic preservation, so as to establish the Georgia Farmland Conservation Fund, Georgia2
Farmland Conservation Fund Program, and Georgia Farmland Advisory Council; to provide3
matching grants to certain holders or prospective holders of agricultural conservation4
easements; to provide for a short title; to provide for legislative intent; to provide for5
definitions; to provide for procedures, requirements, and limitations for such fund, program,6
and council; to provide for membership, quorum, compensation, and meetings; to provide7
for powers and duties; to provide for administration and costs; to provide for an application8
and review process; to provide for annual appropriations and reporting; to provide for9
compliance with constitutional requirements; to provide for related matters; to provide for10
an effective date; to repeal conflicting laws; and for other purposes.11
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:12
SECTION 1.13
Chapter 10 of Title 44 of the Official Code of Georgia Annotated, relating to historic14
preservation, is amended by adding a new article to read as follows:15
"ARTICLE 3
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44-10-40.17
This chapter shall be known and may be cited as the 'Georgia Farmland Conservation Act.'18
44-10-41.19
It is the intent of the General Assembly to:20
(1) Ensure permanent conservation of farmland in order to protect Georgia's agricultural21
economy, the ecological benefits provided by agricultural lands and activities, and22
community character enhanced by agricultural landscapes;23
(2) Incentivize owners of farmland to voluntarily protect their farmland;24
(3) Facilitate the transition of farms under development pressure to next-generation25
farmers;26
(4) Increase the supply of locally grown food in this state;27
(5) Facilitate utilization of federal and local funds to benefit Georgia's farmland; and28
(6) Protect land around Georgia's military installations.29
44-10-42.30
As used in this article, the term:31
(1) 'Agricultural conservation easement' means a nonpossessory interest of a holder in32
real property imposing limitations or affirmative obligations, the purposes of which shall33
include, but shall not be limited to, retaining or protecting agricultural production34
capability and natural, scenic, or open-space values of real property.35
(2) 'Commissioner' means the Commissioner of Agriculture.36
(3) 'Costs of acquisition' means all direct costs of activities, including, but not limited to,37
appraisals that are required by applicable state laws and local ordinances or policies in38
order to convey a conservation easement in real property to a holder to ensure the39
permanent protection of the property as conservation land; provided, however, that such40 23 LC 51 0341
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costs shall not include any costs for services provided in violation of Chapter 40 of Title 43.41
(4) 'Council' means Georgia Farmland Advisory Council.42
(5) 'Department' means the Department of Agriculture.43
(6) 'Fund' means the Georgia Farmland Conservation Fund.44
(7) 'Program' means the Georgia Farmland Conservation Fund Program.45
(8) 'Project proposal' means any application seeking moneys from the Georgia Farmland46
Conservation Fund.47
(9) 'Qualified easement holder' means a state agency, federal agency, county,48
municipality, or a 501(c)(3) nonprofit organization which acquires or proposes to acquire,49
whether through purchase, donation or transfer, an agricultural conservation easement.50
(10) 'Qualified farmland' means agricultural land in undeveloped areas or that has been51
developed only to the extent consistent with agricultural production, including row crops,52
livestock, nurseries, orchards, or pastures.53
44-10-43.54
(a)(1) The state treasurer shall establish a separate trust fund in the state treasury that55
shall be known as the Georgia Farmland Conservation Fund, consisting of annual56
appropriations by the legislature to the fund, public or private grants, gifts, donations, or57
contributions dedicated to the fund for farmland conservation, and funds from any other58
source, including proceeds from the sale of bonds, state, federal or private mitigation59
funds, or funds from any local, state, or federal program dedicated to the fund for60
farmland conservation.61
(2) The state treasurer shall invest the money held in the Georgia Farmland Conservation62
Fund in the same manner in which state funds are invested as authorized by the State63
Depository Board pursuant to Article 3 of Chapter 17 of Title 50. Interest earned by the64
money held in the trust fund shall be accounted for separately and shall be credited to the65
trust fund to be disbursed as other moneys in the trust fund.66 23 LC 51 0341
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(b) Under the authority granted and subject to the conditions imposed by Article III,67
Section IX, Paragraph VI(r) of the Constitution of Georgia, for the period beginning on68
July 1, 2023, and ending on June 30, 2033, all of the money collected pursuant to this Code69
section shall be annually appropriated to the Georgia Farmland Conservation Fund70
established by subsection (a) of this Code section and such funds shall not lapse as71
otherwise required by Article III, Section IX, Paragraph IV(c) of the Constitution of72
Georgia. Each annual appropriation shall be made through the General Appropriations Act73
and shall include all of the money collected from such source during the most recently74
completed fiscal year.75
(c) All of the money appropriated to the Georgia Farmland Conservation Fund pursuant76
to subsection (b) of this Code section shall be dedicated for use and expended by the77
Commissioner solely as provided in this article.78
(d) The Commissioner shall prepare an accounting of the funds expended pursuant to this79
Code section during the most recently completed fiscal year to be provided to the Office80
of Planning and Budget, the House Budget and Research Office, and the Senate Budget and81
Evaluation Office by January 1 of each year.82
44-10-44.83
(a) There is established the Georgia Farmland Conservation Fund Program to be84
administered by the department. In administering the program, the department shall, each85
fiscal year, make available funds from the Georgia Farmland Conservation Fund for86
matching grants to any prospective qualified easement holder having a project proposal87
which has been reviewed by the department and approved by the council.88
(b) Any project proposal selected to receive a matching grant through the program shall89
have as its primary purposes the advancement of farmland conservation and the support of90
active farming and food production in this state. Award grants from the program may91
include payment:92 23 LC 51 0341
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(1) To qualified easement holders for the purchase of agricultural conservation93
easements on qualified farmland, for advancing farmland conservation, and to support94
active farming and food production in Georgia; or95
(2) For the costs of acquisition related to the purchase of agricultural conservation96
easements approved by the program.97
(c) As a cost of administering the program, the department may annually deduct and retain98
an amount equal to 5 percent of the fund.99
44-10-45.100
In administering the program, the department shall, under the direction and advice of the101
council:102
(1) Give priority to project proposals that protect agricultural lands susceptible to103
development, subdivision, and fragmentation;104
(2) Adopt a scoring process for evaluating project proposals and prioritizing projects105
based on the extent that the project will:106
(A) Protect farmland in active or planned cultivation;107
(B) Prevent development or fragmentation that would result in farmland loss;108
(C) Support transition of affordable farmland to next-generation farmers;109
(D) Leverage local, federal, or private funding, taking into account whether such110
funding includes a match requirement;111
(E) Support conservation priorities, including, but not limited to, protection of habitat,112
water quality, watershed conservation, climate resiliency, local conservation plans, and113
public viewshed;114
(F) Preserve or enhance soil quality; and115
(G) Create or further enhance compatibility with existing military installations; and116
(3) Ensure that, per the terms, any agricultural conservation easement awarded funds:117
(A) Is of perpetual duration;118 23 LC 51 0341
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(B) May not be assigned to or enforced by a third party without the express written119
consent of the landowner; and120
(C) Aligns with existing federal and local programs to maximize potential for matching121
funds.122
44-10-46.123
(a) There is created the Georgia Farmland Advisory Council to advise and assist the124
department with administration and implementation of the program utilizing the criteria125
proposed by the department and adopted by the council. The council shall consist of 14126
members as follows:127
(1) The Commissioner, or his or her designee, who shall also serve as chairperson of the128
council;129
(2) Two members appointed by the Governor as follows:130
(A) One member who operates a family farm in this state; and131
(B) One member who is the designated representative of a banking or lending132
organization and with significant experience in agricultural lending;133
(3) One member who operates a family farm in this state, appointed by the Lieutenant134
Governor;135
(4) Four members appointed by the Commissioner as follows:136
(A) One member who operates a family farm in this state;137
(B) One member who is the designated representative of a statewide agricultural138
organization;139
(C) One member who is a designated representative of a statewide nonprofit140
agricultural or conservation organization operating in this state; and141
(D) One member from the state at-large;142
(5) One member who operates a family farm in this state, appointed by the Speaker of143
the House of Representatives;144 23 LC 51 0341
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(6) The president of the Georgia Agribusiness Council;145
(7) The deans of the Colleges of Agriculture at the University of Georgia, Abraham146
Baldwin Agricultural College, or Fort Valley State University, who shall each serve147
rotating, nonconcurrent three-year terms, or his or her designee;148
(8) The executive director of the State Soil and Water Conservation Commission;149
(9) The executive director of the Georgia Farm Bureau or his or her designee; and150
(10) The Georgia state conservationist of the Natural Resources Conservation Service,151
who shall serve as a nonvoting member.152
(b) Initially appointed members shall serve staggered terms of office as follows: two153
members as appointed by the Speaker of the House of Representatives and the154
Commissioner for one year, three members as appointed by the Commissioner for two155
years, and three members as appointed by the Governor and Lieutenant Governor for three156
years.157
(c) The members shall serve without compensation; provided, however, that the members158
shall receive the same per diem allowance and reimbursement of expenses as allowed for159
members of the General Assembly.160
(d) The council shall meet at least quarterly each year for the transaction of its business.161
(e) Three-fifths of the members of the council present at any board meeting shall constitute162
a quorum necessary for the transaction of business; provided, however, that in absence of163
a quorum, a majority of the members present may adjourn the meeting from time to time164
until a quorum shall attend. Unless otherwise specified in this Code section, any council165
action or recommendation shall be approved by a simple majority of the members of the166
entire council then in office.167
44-10-47.168
The council shall have the power and duty to:169
(1) Annually review and approve award grants recommended by the department;170 23 LC 51 0341
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(2) Review and approve rules and regulations promulgated by the department for171
administration of the program; and172
(3) Review the outcomes of the program and recommend to the department changes in173
program administration or rules to ensure the success of the program."174
SECTION 2.175
In accordance with the requirements of Article III, Section IX, Paragraph VI(r) of the176
Constitution of Georgia, this Act shall not become law unless it receives the requisite177
two-thirds' majority vote in both the Senate and the House of Representatives and the amount178
of the funds dedicated by this Act do not equal or exceed 1 percent of the previous fiscal179
year's state revenues subject to appropriations.180
SECTION 3.181
This Act shall become effective on July 1, 2023.182
SECTION 4.183
All laws and parts of laws in conflict with this Act are repealed.184