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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
AS PASSED
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 findings and intent; to5
provide for definitions; to provide for procedures, requirements, and limitations for such6
fund, program, and council; to provide for membership, quorum, compensation, and7
meetings; to provide for powers and duties; to provide for administration and costs; to8
provide for an application and review process; to provide for expenditure of funds; to provide9
for annual accounting; to provide for related matters; to provide for an effective date; to10
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 23 SB 220/AP
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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
The General Assembly finds and declares that:20
(1) Ensuring permanent conservation of farmland is of vital importance to the state and21
the citizens of Georgia and essential in protecting Georgia's agricultural economy, the22
ecological benefits provided by agricultural lands and activities, the community character23
enhanced by agricultural landscapes, and food production in the state;24
(2) Creating the Georgia Farmland Conservation Fund Program will enable owners of25
farmland to voluntarily protect their farmland, facilitate the transition of farms under26
development pressure to next-generation farmers, increase the supply of locally grown27
food in this state, and facilitate utilization of federal and local funds to benefit Georgia's28
farmland; and29
(3) Utilizing nonprofit organizations, in addition to government entities, to hold30
agricultural conservation easements will provide substantial benefit to the state by31
allowing the state to maximize the availability of matching funds from federal programs32
designed to protect farmland and food production in the state and reduce the costs and33
burdens to the state associated with enforcing the terms of agricultural conservation34
easements.35
44-10-42.36
As used in this article, the term:37
(1) 'Agricultural conservation easement' means a conservation easement that, in38
accordance with the provisions of Article 1 of Chapter 10 of Title 44, the 'Georgia39
Uniform Conservation Easement Act,' imposes limitations or affirmative obligations, the40 23 SB 220/AP
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purpose of which include assuring the availability of real property for agricultural uses41
or the retention or protection of natural, scenic, or open-space values of real property.42
(2) 'Commissioner' means the Commissioner of Agriculture.43
(3) 'Conservation easement' shall have the same meaning as set forth in Code44
Section 44-10-2.45
(4) 'Costs of acquisition' means all direct costs of activities, including, but not limited to,46
appraisals that are required by applicable state laws and local ordinances or policies in47
order to convey an agricultural conservation easement in qualified farmland to a qualified48
holder; provided, however, that such costs shall not include any costs for services49
provided in violation of Chapter 40 of Title 43.50
(5) 'Council' means Georgia Farmland Advisory Council.51
(6) 'Department' means the Department of Agriculture.52
(7) 'Fund' means the Georgia Farmland Conservation Fund.53
(8) 'Program' means the Georgia Farmland Conservation Fund Program.54
(9) 'Project proposal' means any application seeking moneys from the Georgia Farmland55
Conservation Fund.56
(10) 'Qualified easement holder' means a state agency, federal agency, county,57
municipality, or a 501(c)(3) nonprofit organization which acquires or proposes to acquire,58
whether through purchase, donation or transfer, an agricultural conservation easement.59
(11) 'Qualified farmland' means agricultural land in undeveloped areas or that has been60
developed only to the extent consistent with agricultural production, including row crops,61
livestock, nurseries, orchards, or pastures.62
44-10-43.63
(a)(1) The state treasurer shall establish a separate trust fund in the state treasury that64
shall be known as the Georgia Farmland Conservation Fund, consisting of annual65
appropriations by the legislature to the fund, public or private grants, gifts, donations, or66 23 SB 220/AP
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contributions dedicated to the fund for farmland conservation, and moneys from any67
other source, including proceeds from the sale of bonds, state, federal or private68
mitigation funds, or moneys from any local, state, or federal program dedicated to the69
fund for farmland conservation.70
(2) The state treasurer shall invest the money held in the Georgia Farmland Conservation71
Fund in the same manner in which state funds are invested as authorized by the State72
Depository Board pursuant to Article 3 of Chapter 17 of Title 50. Interest earned by the73
money held in the trust fund shall be accounted for separately and shall be credited to the74
trust fund to be disbursed as other moneys in the trust fund.75
(b) Moneys in the Georgia Farmland Conservation Fund shall be expended by the76
Commissioner solely as provided in this article.77
(c) The Commissioner shall prepare an accounting of the moneys expended pursuant to78
this Code section during the most recently completed fiscal year to be provided to the79
Office of Planning and Budget, the House Budget and Research Office, and the Senate80
Budget and Evaluation Office by January 1 of each year.81
44-10-44.82
(a) There is established the Georgia Farmland Conservation Fund Program to be83
administered by the department. In administering the program, the department shall, each84
fiscal year, make available moneys from the Georgia Farmland Conservation Fund for85
matching grants to any prospective qualified easement holder having a project proposal86
which has been reviewed by the department and approved by the council.87
(b) Any project proposal selected to receive a matching grant through the program shall88
have as its primary purposes the advancement of farmland conservation and the support of89
active farming and food production in this state. Award grants from the program may90
include payment:91 23 SB 220/AP
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(1) To qualified easement holders for the purchase of agricultural conservation92
easements on qualified farmland, for advancing farmland conservation, and to support93
active farming and food production in Georgia; or94
(2) For the costs of acquisition related to the purchase of agricultural conservation95
easements approved by the program.96
(c) As a cost of administering the program, the department may annually deduct and retain97
an amount equal to 5 percent of the fund.98
44-10-45.99
In administering the program, the department shall, under the direction and advice of the100
council:101
(1) Give priority to project proposals that protect agricultural lands susceptible to102
development, subdivision, and fragmentation;103
(2) Adopt a scoring process for evaluating project proposals and prioritizing projects104
based on the extent that the project will:105
(A) Protect farmland in active or planned cultivation;106
(B) Prevent development or fragmentation that would result in farmland loss;107
(C) Support transition of affordable farmland to next-generation farmers;108
(D) Leverage local, federal, or private funding, taking into account whether such109
funding includes a match requirement;110
(E) Support conservation priorities, including, but not limited to, protection of habitat,111
water quality, watershed conservation, climate resiliency, local conservation plans, and112
public viewshed;113
(F) Preserve or enhance soil quality; and114
(G) Create or further enhance compatibility with existing military installations; and115
(3) Ensure that, per its terms, any agricultural conservation easement to be acquired116
through the project:117 23 SB 220/AP
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(A) Is of perpetual duration;118
(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 23 SB 220/AP
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(5) One member who operates a family farm in this state, appointed by the Speaker of143
the House of Representatives;144
(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 president 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 23 SB 220/AP
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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
(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
This Act shall become effective on July 1, 2023.176
SECTION 3.177
All laws and parts of laws in conflict with this Act are repealed. 178