25 LC 33 9775S
The Senate Committee on Finance offered the following
substitute to SB 52:
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad1
valorem taxation of property, so as to authorize certain local governing authorities to provide2
temporary tax relief from taxes levied for the harvest or sale of standing timber from eligible3
timber property that was severely damaged or destroyed in certain disaster areas; to provide4
for conditions and procedures; to provide for the establishment of a certification form; to5
provide for audits; to provide for grants to such local governing authorities to offset the loss6
of certain revenues resulting from certain disaster damage to standing timber and such7
temporary tax relief; to provide for an appropriations contingency; to provide for a grant cap;8
to provide for the calculation of equalized adjusted property tax digests; to require the9
establishment of criteria regarding damage or destruction; to provide for rules and10
regulations; to provide for definitions; to provide for related matters; to provide for a short11
title and legislative findings and intent; to provide for an effective date; to repeal conflicting12
laws; and for other purposes.13
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:14
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SECTION 1.15
This Act shall be known and may be cited as the "Timberlands Recovery, Exemption, and16
Earnings Stability (TREES) Act."17
SECTION 2.18
The General Assembly finds that:19
(1) Hurricane Helene has had a catastrophic impact on the citizens and the economy of20
many areas in this state, has particularly devastated the timber industry on which the21
citizens of southwest Georgia are heavily dependent for their livelihood by reducing or22
eliminating the long-held investments in standing timber and timberlands of businesses and23
families, and has created both a public fire hazard and a danger of insect infestations due24
to the massive amounts of downed timber caused by the severity of this natural disaster;25
(2) As of November, 2024, the estimated losses to standing timber caused by Hurricane26
Helene as measured by the Georgia Forestry Commission were nearly $1.3 billion;27
(3) Timberlands as investments are unique as an agriculture product in this state, as timber28
products often take ten years or longer to realize any return on the investment;29
(4) Many counties, municipalities, and local school districts rely on the taxes levied at the30
time of timber's harvest or sale pursuant to Code Section 48-5-7.5, but with the destruction31
of timberlands throughout this state, that tax revenue will likely not be realized; and32
(5) It is the intent of the General Assembly to authorize local governing authorities to33
provide temporary tax relief from the taxes levied pursuant to Code 48-5-7.5 so that the34
timber industry, and the businesses and families that provide timber products to such35
industry, will realize a reduced cost for growing new product and recovering from the36
devastating effects of Hurricane Helene. These reduced costs will help stabilize the market37
and allow for quicker harvesting and recovery of lands where some timber is still38
salvageable.39
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SECTION 3.40
Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem41
taxation of property, is amended by adding a new Code section to read as follows:42
"48-5-33.1.43
(a) As used in this Code section, the term:44
(1) 'Disaster area' means any county designated for public assistance or individual and45
public assistance pursuant to the Federal Emergency Management Agency46
FEMA-4830-DR Georgia disaster declaration as of November 4, 2024.47
(2) 'Eligible governing authority' means the governing authority of any county,48
consolidated government, or municipality or the governing body of any county or49
independent board of education that is located in whole or in part in the disaster area.50
(3) 'Eligible standing timber' means any timber which is subject to taxation pursuant to51
Code Section 48-5-7.5 that is on eligible timber property.52
(4) 'Eligible timber property' means any parcel, tract, stand, or other identifiable unit of53
property that:54
(A) Contains standing timber which would, in the ordinary course of business, be sold55
or harvested;56
(B) Is timberland property as such term is defined in Code Section 48-5-600;57
(C) Is located within the disaster area; and58
(D) Was severely damaged or destroyed as a result of the natural disaster.59
(5) 'Severely damaged or destroyed' means damaged to the extent which would require60
salvage thinning, a salvage operation, or clear-cut of eligible standing timber based on61
criteria established by the Georgia Forestry Commission pursuant to subsection (k) of this62
Code section.63
(b) Pursuant to Article VII, Section I, Paragraph III(h) of the Constitution of Georgia and64
in accordance with the provisions of this Code section, an eligible governing authority may65
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grant temporary tax relief from taxes levied for eligible standing timber pursuant to Code66
Section 48-5-7.5 during:67
(1) The final quarter of 2024; and68
(2) Each quarter of 2025.69
(c) To grant the temporary tax relief authorized by subsection (b) of this Code section, an70
eligible governing authority shall adopt a resolution or ordinance that:71
(1) Declares that its jurisdiction contains eligible timber property;72
(2) Consents to grant the tax relief provided under this Code section;73
(3) Requires that taxpayers seeking such tax relief submit the certification established74
pursuant to subsection (f) of this Code section and that such certification shall be75
accepted by the eligible governing authority; and76
(4) Waives the levy and collection of payment of taxes otherwise due pursuant to Code77
Section 48-5-7.5 for the final quarter of 2024 and during each quarter of 2025.78
(d) Upon adoption of the resolution or ordinance provided under subsection (c) of this79
Code section, no taxpayer who submits the certification established pursuant to80
subsection (f) of this Code section shall be required to pay taxes otherwise levied pursuant81
to Code Section 48-5-7.5 for eligible standing timber during the final quarter of 2024 or82
during any quarter of 2025.83
(e) In the event taxes were levied and paid by a taxpayer pursuant to Code84
Section 48-5-7.5 for eligible standing timber during the final quarter of 2024 or during any85
quarter of 2025, the eligible governing authority to which such taxes were payable or86
collected shall provide that a refund be issued to such taxpayer for the total amount paid87
in the same manner as otherwise provided under Code Section 48-5-380. If such taxes88
were levied but unpaid, the eligible governing authority to which such taxes are payable89
or collected shall waive payment and collection as provided in the resolution or ordinance90
adopted pursuant to subsection (c) of this Code section, and shall be provided by the tax91
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collector or tax commissioner an updated tax bill reflecting that the amount is no longer92
due.93
(f)(1) A certification form shall be established by the Georgia Forestry Commission in94
consultation with the commissioner and Association County Commissioners of Georgia95
within ten days of the effective of this Code section. In addition to requiring necessary96
identification and location information, such certification shall:97
(A) Require such taxpayer to declare that their otherwise taxable property is eligible98
standing timber;99
(B) Require such taxpayer to declare that they are making a claim for temporary tax100
relief for eligible standing timber pursuant to this Code section; and101
(C) Allow the taxpayer to attach photographs of their eligible timber property,102
verification by a registered forester that the otherwise taxable property is eligible timber103
property, or other supporting documentation.104
(2) Such certification shall be completed by the taxpayer and shall be submitted to the105
eligible governing authority as provided in the resolution or ordinance adopted pursuant106
to subsection (c) of this Code section.107
(3) The Georgia Forestry Commission shall distribute or otherwise make available such108
certification form to taxpayers.109
(g) The Georgia Forestry Commission is authorized to conduct audits of property for110
compliance with this Code section at the request of the tax collector or tax commissioner111
for an eligible governing authority. In the event the Georgia Forestry Commission112
conducts an audit and finds that the temporary tax relief granted to a taxpayer pursuant to113
this Code section was improper, the Georgia Forestry Commission shall report such114
findings to the tax collector or tax commissioner who may pursue all remedies available115
by law as necessary to recapture the tax that would have been due but for being wrongfully116
claimed by a taxpayer.117
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(h) Any temporary tax relief approved or allowed under this Code section shall be paid118
from funds of the eligible governing authority to which the taxes were or were to have been119
paid.120
(i)(1) For the purpose of offsetting an eligible governing authority's revenue loss in the121
final quarter of 2024 and any quarter of 2025 due to the destruction of eligible standing122
timber in the disaster area and the temporary tax relief authorized pursuant to this Code123
section, the commissioner shall, subject to an appropriation by the General Assembly124
specifically referencing the provisions of this Code section, provide a grant to each125
eligible governing authority that has consented to grant the temporary tax relief126
authorized pursuant to this Code section.127
(2) A grant provided for in paragraph (1) of this subsection shall be allotted to each128
eligible governing authority based on:129
(A) The governing authority's estimated revenue loss as described in paragraph (1) of130
this subsection;131
(B) The revenue received by such governing authority pursuant to Code132
Section 48-5-7.5 in each of the preceding three years; and133
(C) The estimated damage to eligible standing timber in the jurisdiction as provided134
in the Hurricane Helene Timber Damage Assessment published by the Georgia Forestry135
Commission on November 5, 2024, or other reliable data from the Georgia Forestry136
Commission.137
(3) No grant to an eligible governing authority provided pursuant to paragraph (1) of this138
subsection shall exceed the average of the total revenue received by such governing139
authority pursuant to Code Section 48-5-7.5 in 2021, 2022, and 2023.140
(j)(1) The grants provided pursuant to subsection (i) of this Code section shall not be141
included in the calculation of the equalized adjusted property tax digest under Code142
Section 48-5-274 for the purpose of calculating the required local five mill share for143
school funding purposes under Code Section 20-2-164.144
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(2) The temporary tax relief authorized pursuant to this Code section shall not affect the145
requirement provided for in paragraph (2) of subsection (m) of Code Section 48-5-7.5146
that the fair market value of timber harvested or sold be added to a digest and be included147
in the calculation of the equalized adjusted property tax digest under Code148
Section 48-5-274 for the purpose of calculating the required local five mill share for149
school funding purposes under Code Section 20-2-164.150
(k)(1) The commissioner, tax collectors, and tax commissioners shall be authorized to151
consult with the Georgia Forestry Commission to implement the provisions of this Code152
section.153
(2) The Georgia Forestry Commission shall establish criteria for determining whether154
timber property is severely damaged or destroyed. In establishing such criteria, such155
commission may consider:156
(A) The average damage sustained throughout the timber property;157
(B) Whether the timber property has adequate remaining trees per acre to maintain158
viable timber property; and159
(C) The risk of insect and disease damage to the timber property as a result of the160
disaster.161
(l) The commissioner may promulgate any rules and regulations necessary to implement162
and administer the provisions this Code section."163
SECTION 4.164
This Act shall become effective upon its approval by the Governor or upon its becoming law165
without such approval.166
SECTION 5.167
All laws and parts of laws in conflict with this Act are repealed.168
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