Georgia 2023-2024 Regular Session

Georgia Senate Bill SB220 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	23 ~~SB 220/AP~~
2		-	S. B. 220
	1	+	23 LC 55 0063S
	2	+	S. B. 220 (SUB)
3	3		- 1 -
4		-	Senate Bill 220
5		-	By: Senators Goodman of the 8th, Watson of the 11th, Anderson of the 24th, Walker III of
6		-	the 20th, Sims of the 12th and others
7		-	AS PASSED
	4	+	The House Committee on Ways and Means offers the following substitute to SB 220:
8	5		A BILL TO BE ENTITLED
9	6		AN ACT
10		-	To amend Chapter 10 of Title 44 of the Official Code of Georgia Annotated, relating to
11		-	1
	7	+	To amend Chapter 10 of Title 44 of the Official Code of Georgia Annotated, relating to1
12	8		historic preservation, so as to establish the Georgia Farmland Conservation Fund, Georgia2
13	9		Farmland Conservation Fund Program, and Georgia Farmland Advisory Council; to provide3
14	10		matching grants to certain holders or prospective holders of agricultural conservation4
15	11		easements; to provide for a short title; to provide for legislative findings and intent; to5
16	12		provide for definitions; to provide for procedures, requirements, and limitations for such6
17	13		fund, program, and council; to provide for membership, quorum, compensation, and7
18	14		meetings; to provide for powers and duties; to provide for administration and costs; to8
19	15		provide for an application and review process; to provide for expenditure of funds; to provide9
20	16		for annual accounting; to provide for related matters; to provide for an effective date; to10
21	17		repeal conflicting laws; and for other purposes.11
22	18		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:12
23	19		SECTION 1.13
24	20		Chapter 10 of Title 44 of the Official Code of Georgia Annotated, relating to historic14
25		-	preservation, is amended by adding a new article to read as follows:15 23 ~~SB 220/AP~~
26		-	S. B. 220
	21	+	preservation, is amended by adding a new article to read as follows:15 23 LC 55 0063S
	22	+	S. B. 220 (SUB)
27	23		- 2 -
28	24		"ARTICLE 316
29	25		44-10-40.17
30	26		This chapter shall be known and may be cited as the 'Georgia Farmland Conservation Act.'18
31	27		44-10-41.19
32	28		The General Assembly finds and declares that:20
33	29		(1) Ensuring permanent conservation of farmland is of vital importance to the state and21
34	30		the citizens of Georgia and essential in protecting Georgia's agricultural economy, the22
35	31		ecological benefits provided by agricultural lands and activities, the community character23
36	32		enhanced by agricultural landscapes, and food production in the state;24
37	33		(2) Creating the Georgia Farmland Conservation Fund Program will enable owners of25
38	34		farmland to voluntarily protect their farmland, facilitate the transition of farms under26
39	35		development pressure to next-generation farmers, increase the supply of locally grown27
40	36		food in this state, and facilitate utilization of federal and local funds to benefit Georgia's28
41	37		farmland; and29
42	38		(3) Utilizing nonprofit organizations, in addition to government entities, to hold30
43	39		agricultural conservation easements will provide substantial benefit to the state by31
44	40		allowing the state to maximize the availability of matching funds from federal programs32
45	41		designed to protect farmland and food production in the state and reduce the costs and33
46	42		burdens to the state associated with enforcing the terms of agricultural conservation34
47	43		easements.35
48	44		44-10-42.36
49	45		As used in this article, the term:37
50	46		(1) 'Agricultural conservation easement' means a conservation easement that, in38
51	47		accordance with the provisions of Article 1 of Chapter 10 of Title 44, the 'Georgia39
52		-	Uniform Conservation Easement Act,' imposes limitations or affirmative obligations, the40 23 ~~SB 220/AP~~
53		-	S. B. 220
	48	+	Uniform Conservation Easement Act,' imposes limitations or affirmative obligations, the40 23 LC 55 0063S
	49	+	S. B. 220 (SUB)
54	50		- 3 -
55	51		purpose of which include assuring the availability of real property for agricultural uses41
56	52		or the retention or protection of natural, scenic, or open-space values of real property.42
57	53		(2) 'Commissioner' means the Commissioner of Agriculture.43
58	54		(3) 'Conservation easement' shall have the same meaning as set forth in Code44
59	55		Section 44-10-2.45
60	56		(4) 'Costs of acquisition' means all direct costs of activities, including, but not limited to,46
61	57		appraisals that are required by applicable state laws and local ordinances or policies in47
62	58		order to convey an agricultural conservation easement in qualified farmland to a qualified48
63	59		holder; provided, however, that such costs shall not include any costs for services49
64	60		provided in violation of Chapter 40 of Title 43.50
65	61		(5) 'Council' means Georgia Farmland Advisory Council.51
66	62		(6) 'Department' means the Department of Agriculture.52
67	63		(7) 'Fund' means the Georgia Farmland Conservation Fund.53
68	64		(8) 'Program' means the Georgia Farmland Conservation Fund Program.54
69	65		(9) 'Project proposal' means any application seeking moneys from the Georgia Farmland55
70	66		Conservation Fund.56
71	67		(10) 'Qualified easement holder' means a state agency, federal agency, county,57
72	68		municipality, or a 501(c)(3) nonprofit organization which acquires or proposes to acquire,58
73	69		whether through purchase, donation or transfer, an agricultural conservation easement.59
74	70		(11) 'Qualified farmland' means agricultural land in undeveloped areas or that has been60
75	71		developed only to the extent consistent with agricultural production, including row crops,61
76	72		livestock, nurseries, orchards, or pastures.62
77	73		44-10-43.63
78	74		(a)(1) The state treasurer shall establish a separate trust fund in the state treasury that64
79	75		shall be known as the Georgia Farmland Conservation Fund, consisting of annual65
80		-	appropriations by the legislature to the fund, public or private grants, gifts, donations, or66 23 ~~SB 220/AP~~
81		-	S. B. 220
	76	+	appropriations by the legislature to the fund, public or private grants, gifts, donations, or66 23 LC 55 0063S
	77	+	S. B. 220 (SUB)
82	78		- 4 -
83	79		contributions dedicated to the fund for farmland conservation, and moneys from any67
84	80		other source, including proceeds from the sale of bonds, state, federal or private68
85	81		mitigation funds, or moneys from any local, state, or federal program dedicated to the69
86	82		fund for farmland conservation.70
87	83		(2) The state treasurer shall invest the money held in the Georgia Farmland Conservation71
88	84		Fund in the same manner in which state funds are invested as authorized by the State72
89	85		Depository Board pursuant to Article 3 of Chapter 17 of Title 50. Interest earned by the73
90	86		money held in the trust fund shall be accounted for separately and shall be credited to the74
91	87		trust fund to be disbursed as other moneys in the trust fund.75
92	88		(b) Moneys in the Georgia Farmland Conservation Fund shall be expended by the76
93	89		Commissioner solely as provided in this article.77
94	90		(c) The Commissioner shall prepare an accounting of the moneys expended pursuant to78
95	91		this Code section during the most recently completed fiscal year to be provided to the79
96	92		Office of Planning and Budget, the House Budget and Research Office, and the Senate80
97	93		Budget and Evaluation Office by January 1 of each year.81
98	94		44-10-44.82
99	95		(a) There is established the Georgia Farmland Conservation Fund Program to be83
100	96		administered by the department. In administering the program, the department shall, each84
101	97		fiscal year, make available moneys from the Georgia Farmland Conservation Fund for85
102	98		matching grants to any prospective qualified easement holder having a project proposal86
103	99		which has been reviewed by the department and approved by the council.87
104	100		(b) Any project proposal selected to receive a matching grant through the program shall88
105	101		have as its primary purposes the advancement of farmland conservation and the support of89
106	102		active farming and food production in this state. Award grants from the program may90
107		-	include payment:91 23 ~~SB 220/AP~~
108		-	S. B. 220
	103	+	include payment:91 23 LC 55 0063S
	104	+	S. B. 220 (SUB)
109	105		- 5 -
110	106		(1) To qualified easement holders for the purchase of agricultural conservation92
111	107		easements on qualified farmland, for advancing farmland conservation, and to support93
112	108		active farming and food production in Georgia; or94
113	109		(2) For the costs of acquisition related to the purchase of agricultural conservation95
114	110		easements approved by the program.96
115	111		(c) As a cost of administering the program, the department may annually deduct and retain97
116	112		an amount equal to 5 percent of the fund.98
117	113		44-10-45.99
118	114		In administering the program, the department shall, under the direction and advice of the100
119	115		council:101
120	116		(1) Give priority to project proposals that protect agricultural lands susceptible to102
121	117		development, subdivision, and fragmentation;103
122	118		(2) Adopt a scoring process for evaluating project proposals and prioritizing projects104
123	119		based on the extent that the project will:105
124	120		(A) Protect farmland in active or planned cultivation;106
125	121		(B) Prevent development or fragmentation that would result in farmland loss;107
126	122		(C) Support transition of affordable farmland to next-generation farmers;108
127	123		(D) Leverage local, federal, or private funding, taking into account whether such109
128	124		funding includes a match requirement;110
129	125		(E) Support conservation priorities, including, but not limited to, protection of habitat,111
130	126		water quality, watershed conservation, climate resiliency, local conservation plans, and112
131	127		public viewshed;113
132	128		(F) Preserve or enhance soil quality; and114
133	129		(G) Create or further enhance compatibility with existing military installations; and115
134	130		(3) Ensure that, per its terms, any agricultural conservation easement to be acquired116
135		-	through the project:117 23 ~~SB 220/AP~~
136		-	S. B. 220
	131	+	through the project:117 23 LC 55 0063S
	132	+	S. B. 220 (SUB)
137	133		- 6 -
138	134		(A) Is of perpetual duration;118
139	135		(B) May not be assigned to or enforced by a third party without the express written119
140	136		consent of the landowner; and120
141	137		(C) Aligns with existing federal and local programs to maximize potential for matching121
142	138		funds.122
143	139		44-10-46.123
144	140		(a) There is created the Georgia Farmland Advisory Council to advise and assist the124
145	141		department with administration and implementation of the program utilizing the criteria125
146	142		proposed by the department and adopted by the council. The council shall consist of 14126
147	143		members as follows:127
148	144		(1) The Commissioner, or his or her designee, who shall also serve as chairperson of the128
149	145		council;129
150	146		(2) Two members appointed by the Governor as follows:130
151	147		(A) One member who operates a family farm in this state; and131
152	148		(B) One member who is the designated representative of a banking or lending132
153	149		organization and with significant experience in agricultural lending;133
154	150		(3) One member who operates a family farm in this state, appointed by the Lieutenant134
155	151		Governor;135
156	152		(4) Four members appointed by the Commissioner as follows:136
157	153		(A) One member who operates a family farm in this state;137
158	154		(B) One member who is the designated representative of a statewide agricultural138
159	155		organization;139
160	156		(C) One member who is a designated representative of a statewide nonprofit140
161	157		agricultural or conservation organization operating in this state; and141
162		-	(D) One member from the state at-large;142 23 ~~SB 220/AP~~
163		-	S. B. 220
	158	+	(D) One member from the state at-large;142 23 LC 55 0063S
	159	+	S. B. 220 (SUB)
164	160		- 7 -
165	161		(5) One member who operates a family farm in this state, appointed by the Speaker of143
166	162		the House of Representatives;144
167	163		(6) The president of the Georgia Agribusiness Council;145
168	164		(7) The deans of the Colleges of Agriculture at the University of Georgia, Abraham146
169	165		Baldwin Agricultural College, or Fort Valley State University, who shall each serve147
170	166		rotating, nonconcurrent three-year terms, or his or her designee;148
171	167		(8) The executive director of the State Soil and Water Conservation Commission;149
172	168		(9) The president of the Georgia Farm Bureau or his or her designee; and150
173	169		(10) The Georgia state conservationist of the Natural Resources Conservation Service,151
174	170		who shall serve as a nonvoting member.152
175	171		(b) Initially appointed members shall serve staggered terms of office as follows: two153
176	172		members as appointed by the Speaker of the House of Representatives and the154
177	173		Commissioner for one year, three members as appointed by the Commissioner for two155
178	174		years, and three members as appointed by the Governor and Lieutenant Governor for three156
179	175		years.157
180	176		(c) The members shall serve without compensation; provided, however, that the members158
181	177		shall receive the same per diem allowance and reimbursement of expenses as allowed for159
182	178		members of the General Assembly.160
183	179		(d) The council shall meet at least quarterly each year for the transaction of its business.161
184	180		(e) Three-fifths of the members of the council present at any board meeting shall constitute162
185	181		a quorum necessary for the transaction of business; provided, however, that in absence of163
186	182		a quorum, a majority of the members present may adjourn the meeting from time to time164
187	183		until a quorum shall attend. Unless otherwise specified in this Code section, any council165
188	184		action or recommendation shall be approved by a simple majority of the members of the166
189		-	entire council then in office.167 23 ~~SB 220/AP~~
190		-	S. B. 220
	185	+	entire council then in office.167 23 LC 55 0063S
	186	+	S. B. 220 (SUB)
191	187		- 8 -
192	188		44-10-47.168
193	189		The council shall have the power and duty to:169
194	190		(1) Annually review and approve award grants recommended by the department;170
195	191		(2) Review and approve rules and regulations promulgated by the department for171
196	192		administration of the program; and172
197	193		(3) Review the outcomes of the program and recommend to the department changes in173
198	194		program administration or rules to ensure the success of the program."174
199	195		SECTION 2.175
200	196		This Act shall become effective on July 1, 2023.176
201	197		SECTION 3.177
202	198		All laws and parts of laws in conflict with this Act are repealed. 178