23 LC 51 0365S
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The Senate Committee on Finance offered the following
substitute to SB 220:
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 10 of Title 44 of the Official Code of Georgia Annotated, relating to1
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 expenditure of funds; to provide for annual accounting;9
to provide for related matters; to provide for an effective date; to repeal conflicting laws; and10
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 23 LC 51 0365S
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"ARTICLE 316
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 0365S
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costs shall not include any costs for services provided in violation of Chapter 40 of41
Title 43.42
(4) 'Council' means Georgia Farmland Advisory Council.43
(5) 'Department' means the Department of Agriculture.44
(6) 'Fund' means the Georgia Farmland Conservation Fund.45
(7) 'Program' means the Georgia Farmland Conservation Fund Program.46
(8) 'Project proposal' means any application seeking moneys from the Georgia Farmland47
Conservation Fund.48
(9) 'Qualified easement holder' means a state agency, federal agency, county,49
municipality, or a 501(c)(3) nonprofit organization which acquires or proposes to acquire,50
whether through purchase, donation or transfer, an agricultural conservation easement.51
(10) 'Qualified farmland' means agricultural land in undeveloped areas or that has been52
developed only to the extent consistent with agricultural production, including row crops,53
livestock, nurseries, orchards, or pastures.54
44-10-43.55
(a)(1) The state treasurer shall establish a separate trust fund in the state treasury that56
shall be known as the Georgia Farmland Conservation Fund, consisting of annual57
appropriations by the legislature to the fund, public or private grants, gifts, donations, or58
contributions dedicated to the fund for farmland conservation, and funds from any other59
source, including proceeds from the sale of bonds, state, federal or private mitigation60
funds, or funds from any local, state, or federal program dedicated to the fund for61
farmland conservation.62
(2) The state treasurer shall invest the money held in the Georgia Farmland Conservation63
Fund in the same manner in which state funds are invested as authorized by the State64
Depository Board pursuant to Article 3 of Chapter 17 of Title 50. Interest earned by the65 23 LC 51 0365S
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money held in the trust fund shall be accounted for separately and shall be credited to the66
trust fund to be disbursed as other moneys in the trust fund.67
(b) Funds in the Georgia Farmland Conservation Fund shall be expended by the68
Commissioner solely as provided in this article.69
(c) The Commissioner shall prepare an accounting of the funds expended pursuant to this70
Code section during the most recently completed fiscal year to be provided to the Office71
of Planning and Budget, the House Budget and Research Office, and the Senate Budget and72
Evaluation Office by January 1 of each year.73
44-10-44.74
(a) There is established the Georgia Farmland Conservation Fund Program to be75
administered by the department. In administering the program, the department shall, each76
fiscal year, make available funds from the Georgia Farmland Conservation Fund for77
matching grants to any prospective qualified easement holder having a project proposal78
which has been reviewed by the department and approved by the council.79
(b) Any project proposal selected to receive a matching grant through the program shall80
have as its primary purposes the advancement of farmland conservation and the support of81
active farming and food production in this state. Award grants from the program may82
include payment:83
(1) To qualified easement holders for the purchase of agricultural conservation84
easements on qualified farmland, for advancing farmland conservation, and to support85
active farming and food production in Georgia; or86
(2) For the costs of acquisition related to the purchase of agricultural conservation87
easements approved by the program.88
(c) As a cost of administering the program, the department may annually deduct and retain89
an amount equal to 5 percent of the fund.90 23 LC 51 0365S
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44-10-45.91
In administering the program, the department shall, under the direction and advice of the92
council:93
(1) Give priority to project proposals that protect agricultural lands susceptible to94
development, subdivision, and fragmentation;95
(2) Adopt a scoring process for evaluating project proposals and prioritizing projects96
based on the extent that the project will:97
(A) Protect farmland in active or planned cultivation;98
(B) Prevent development or fragmentation that would result in farmland loss;99
(C) Support transition of affordable farmland to next-generation farmers;100
(D) Leverage local, federal, or private funding, taking into account whether such101
funding includes a match requirement;102
(E) Support conservation priorities, including, but not limited to, protection of habitat,103
water quality, watershed conservation, climate resiliency, local conservation plans, and104
public viewshed;105
(F) Preserve or enhance soil quality; and106
(G) Create or further enhance compatibility with existing military installations; and107
(3) Ensure that, per the terms, any agricultural conservation easement awarded funds:108
(A) Is of perpetual duration;109
(B) May not be assigned to or enforced by a third party without the express written110
consent of the landowner; and111
(C) Aligns with existing federal and local programs to maximize potential for matching112
funds.113
44-10-46.114
(a) There is created the Georgia Farmland Advisory Council to advise and assist the115
department with administration and implementation of the program utilizing the criteria116 23 LC 51 0365S
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proposed by the department and adopted by the council. The council shall consist of 14117
members as follows:118
(1) The Commissioner, or his or her designee, who shall also serve as chairperson of the119
council;120
(2) Two members appointed by the Governor as follows:121
(A) One member who operates a family farm in this state; and122
(B) One member who is the designated representative of a banking or lending123
organization and with significant experience in agricultural lending;124
(3) One member who operates a family farm in this state, appointed by the Lieutenant125
Governor;126
(4) Four members appointed by the Commissioner as follows:127
(A) One member who operates a family farm in this state;128
(B) One member who is the designated representative of a statewide agricultural129
organization;130
(C) One member who is a designated representative of a statewide nonprofit131
agricultural or conservation organization operating in this state; and132
(D) One member from the state at-large;133
(5) One member who operates a family farm in this state, appointed by the Speaker of134
the House of Representatives;135
(6) The president of the Georgia Agribusiness Council;136
(7) The deans of the Colleges of Agriculture at the University of Georgia, Abraham137
Baldwin Agricultural College, or Fort Valley State University, who shall each serve138
rotating, nonconcurrent three-year terms, or his or her designee;139
(8) The executive director of the State Soil and Water Conservation Commission;140
(9) The president of the Georgia Farm Bureau or his or her designee; and141
(10) The Georgia state conservationist of the Natural Resources Conservation Service,142
who shall serve as a nonvoting member.143 23 LC 51 0365S
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(b) Initially appointed members shall serve staggered terms of office as follows: two144
members as appointed by the Speaker of the House of Representatives and the145
Commissioner for one year, three members as appointed by the Commissioner for two146
years, and three members as appointed by the Governor and Lieutenant Governor for three147
years.148
(c) The members shall serve without compensation; provided, however, that the members149
shall receive the same per diem allowance and reimbursement of expenses as allowed for150
members of the General Assembly.151
(d) The council shall meet at least quarterly each year for the transaction of its business.152
(e) Three-fifths of the members of the council present at any board meeting shall constitute153
a quorum necessary for the transaction of business; provided, however, that in absence of154
a quorum, a majority of the members present may adjourn the meeting from time to time155
until a quorum shall attend. Unless otherwise specified in this Code section, any council156
action or recommendation shall be approved by a simple majority of the members of the157
entire council then in office.158
44-10-47.159
The council shall have the power and duty to:160
(1) Annually review and approve award grants recommended by the department;161
(2) Review and approve rules and regulations promulgated by the department for162
administration of the program; and163
(3) Review the outcomes of the program and recommend to the department changes in164
program administration or rules to ensure the success of the program."165
SECTION 2.166
This Act shall become effective on July 1, 2023.167 23 LC 51 0365S
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SECTION 3.168
All laws and parts of laws in conflict with this Act are repealed.169