Georgia 2025-2026 Regular Session

Georgia Senate Bill SB52 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	25 LC 33 9775S (SCS)
2		-	Senate Bill 52
3		-	By: Senators Goodman of the 8th, Kennedy of the 18th, Tillery of the 19th, Gooch of the
4		-	51st, Jones II of the 22nd and others
5		-	AS PASSED SENATE
	1	+	25 LC 33 9775S
	2	+	The Senate Committee on Finance offered the following
	3	+	substitute to SB 52:
6	4		A BILL TO BE ENTITLED
7	5		AN ACT
8		-	To amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad
9		-	1
	6	+	To amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad1
10	7		valorem taxation of property, so as to authorize certain local governing authorities to provide2
11	8		temporary tax relief from taxes levied for the harvest or sale of standing timber from eligible3
12	9		timber property that was severely damaged or destroyed in certain disaster areas; to provide4
13	10		for conditions and procedures; to provide for the establishment of a certification form; to5
14	11		provide for audits; to provide for grants to such local governing authorities to offset the loss6
15	12		of certain revenues resulting from certain disaster damage to standing timber and such7
16	13		temporary tax relief; to provide for an appropriations contingency; to provide for a grant cap;8
17	14		to provide for the calculation of equalized adjusted property tax digests; to require the9
18	15		establishment of criteria regarding damage or destruction; to provide for rules and10
19	16		regulations; to provide for definitions; to provide for related matters; to provide for a short11
20	17		title and legislative findings and intent; to provide for an effective date; to repeal conflicting12
21	18		laws; and for other purposes.13
22	19		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:14
23		-	S. B. 52
24		-	- 1 - 25 LC 33 9775S (SCS)
25		-	SECTION 1.
26		-	15
	20	+	- 1 - 25 LC 33 9775S
	21	+	SECTION 1.15
27	22		This Act shall be known and may be cited as the "Timberlands Recovery, Exemption, and16
28	23		Earnings Stability (TREES) Act."17
29	24		SECTION 2.18
30	25		The General Assembly finds that:19
31	26		(1) Hurricane Helene has had a catastrophic impact on the citizens and the economy of20
32	27		many areas in this state, has particularly devastated the timber industry on which the21
33	28		citizens of southwest Georgia are heavily dependent for their livelihood by reducing or22
34	29		eliminating the long-held investments in standing timber and timberlands of businesses and23
35	30		families, and has created both a public fire hazard and a danger of insect infestations due24
36	31		to the massive amounts of downed timber caused by the severity of this natural disaster;25
37	32		(2) As of November, 2024, the estimated losses to standing timber caused by Hurricane26
38	33		Helene as measured by the Georgia Forestry Commission were nearly $1.3 billion;27
39	34		(3) Timberlands as investments are unique as an agriculture product in this state, as timber28
40	35		products often take ten years or longer to realize any return on the investment;29
41	36		(4) Many counties, municipalities, and local school districts rely on the taxes levied at the30
42	37		time of timber's harvest or sale pursuant to Code Section 48-5-7.5, but with the destruction31
43	38		of timberlands throughout this state, that tax revenue will likely not be realized; and32
44	39		(5) It is the intent of the General Assembly to authorize local governing authorities to33
45	40		provide temporary tax relief from the taxes levied pursuant to Code 48-5-7.5 so that the34
46	41		timber industry, and the businesses and families that provide timber products to such35
47	42		industry, will realize a reduced cost for growing new product and recovering from the36
48	43		devastating effects of Hurricane Helene. These reduced costs will help stabilize the market37
49	44		and allow for quicker harvesting and recovery of lands where some timber is still38
50	45		salvageable.39
51		-	S. B. 52
52		-	- 2 - 25 LC 33 9775S (SCS)
53		-	SECTION 3.
54		-	40
	46	+	- 2 - 25 LC 33 9775S
	47	+	SECTION 3.40
55	48		Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem41
56	49		taxation of property, is amended by adding a new Code section to read as follows:42
57		-	"48-5-33.1.
58		-	43
	50	+	"48-5-33.1.43
59	51		(a) As used in this Code section, the term:44
60	52		(1) 'Disaster area' means any county designated for public assistance or individual and45
61	53		public assistance pursuant to the Federal Emergency Management Agency46
62	54		FEMA-4830-DR Georgia disaster declaration as of November 4, 2024.47
63	55		(2) 'Eligible governing authority' means the governing authority of any county,48
64	56		consolidated government, or municipality or the governing body of any county or49
65	57		independent board of education that is located in whole or in part in the disaster area.50
66	58		(3) 'Eligible standing timber' means any timber which is subject to taxation pursuant to51
67	59		Code Section 48-5-7.5 that is on eligible timber property.52
68	60		(4) 'Eligible timber property' means any parcel, tract, stand, or other identifiable unit of53
69	61		property that:54
70	62		(A) Contains standing timber which would, in the ordinary course of business, be sold55
71	63		or harvested;56
72	64		(B) Is timberland property as such term is defined in Code Section 48-5-600;57
73	65		(C) Is located within the disaster area; and58
74	66		(D) Was severely damaged or destroyed as a result of the natural disaster.59
75	67		(5) 'Severely damaged or destroyed' means damaged to the extent which would require60
76	68		salvage thinning, a salvage operation, or clear-cut of eligible standing timber based on61
77	69		criteria established by the Georgia Forestry Commission pursuant to subsection (k) of this62
78	70		Code section.63
79	71		(b) Pursuant to Article VII, Section I, Paragraph III(h) of the Constitution of Georgia and64
80	72		in accordance with the provisions of this Code section, an eligible governing authority may65
81		-	S. B. 52
82		-	- 3 - 25 LC 33 9775S (SCS)
	73	+	- 3 - 25 LC 33 9775S
83	74		grant temporary tax relief from taxes levied for eligible standing timber pursuant to Code66
84	75		Section 48-5-7.5 during:67
85	76		(1) The final quarter of 2024; and68
86	77		(2) Each quarter of 2025.69
87	78		(c) To grant the temporary tax relief authorized by subsection (b) of this Code section, an70
88	79		eligible governing authority shall adopt a resolution or ordinance that:71
89	80		(1) Declares that its jurisdiction contains eligible timber property;72
90	81		(2) Consents to grant the tax relief provided under this Code section;73
91	82		(3) Requires that taxpayers seeking such tax relief submit the certification established74
92	83		pursuant to subsection (f) of this Code section and that such certification shall be75
93	84		accepted by the eligible governing authority; and76
94	85		(4) Waives the levy and collection of payment of taxes otherwise due pursuant to Code77
95	86		Section 48-5-7.5 for the final quarter of 2024 and during each quarter of 2025.78
96	87		(d) Upon adoption of the resolution or ordinance provided under subsection (c) of this79
97	88		Code section, no taxpayer who submits the certification established pursuant to80
98	89		subsection (f) of this Code section shall be required to pay taxes otherwise levied pursuant81
99	90		to Code Section 48-5-7.5 for eligible standing timber during the final quarter of 2024 or82
100	91		during any quarter of 2025.83
101	92		(e) In the event taxes were levied and paid by a taxpayer pursuant to Code84
102	93		Section 48-5-7.5 for eligible standing timber during the final quarter of 2024 or during any85
103	94		quarter of 2025, the eligible governing authority to which such taxes were payable or86
104	95		collected shall provide that a refund be issued to such taxpayer for the total amount paid87
105	96		in the same manner as otherwise provided under Code Section 48-5-380. If such taxes88
106	97		were levied but unpaid, the eligible governing authority to which such taxes are payable89
107	98		or collected shall waive payment and collection as provided in the resolution or ordinance90
108	99		adopted pursuant to subsection (c) of this Code section, and shall be provided by the tax91
109		-	S. B. 52
110		-	- 4 - 25 LC 33 9775S (SCS)
	100	+	- 4 - 25 LC 33 9775S
111	101		collector or tax commissioner an updated tax bill reflecting that the amount is no longer92
112	102		due.93
113	103		(f)(1) A certification form shall be established by the Georgia Forestry Commission in94
114	104		consultation with the commissioner and Association County Commissioners of Georgia95
115	105		within ten days of the effective of this Code section. In addition to requiring necessary96
116	106		identification and location information, such certification shall:97
117	107		(A) Require such taxpayer to declare that their otherwise taxable property is eligible98
118	108		standing timber;99
119	109		(B) Require such taxpayer to declare that they are making a claim for temporary tax100
120	110		relief for eligible standing timber pursuant to this Code section; and101
121	111		(C) Allow the taxpayer to attach photographs of their eligible timber property,102
122	112		verification by a registered forester that the otherwise taxable property is eligible timber103
123	113		property, or other supporting documentation.104
124	114		(2) Such certification shall be completed by the taxpayer and shall be submitted to the105
125	115		eligible governing authority as provided in the resolution or ordinance adopted pursuant106
126	116		to subsection (c) of this Code section.107
127	117		(3) The Georgia Forestry Commission shall distribute or otherwise make available such108
128	118		certification form to taxpayers.109
129	119		(g) The Georgia Forestry Commission is authorized to conduct audits of property for110
130	120		compliance with this Code section at the request of the tax collector or tax commissioner111
131	121		for an eligible governing authority. In the event the Georgia Forestry Commission112
132	122		conducts an audit and finds that the temporary tax relief granted to a taxpayer pursuant to113
133	123		this Code section was improper, the Georgia Forestry Commission shall report such114
134	124		findings to the tax collector or tax commissioner who may pursue all remedies available115
135	125		by law as necessary to recapture the tax that would have been due but for being wrongfully116
136	126		claimed by a taxpayer.117
137		-	S. B. 52
138		-	- 5 - 25 LC 33 9775S (SCS)
	127	+	- 5 - 25 LC 33 9775S
139	128		(h) Any temporary tax relief approved or allowed under this Code section shall be paid118
140	129		from funds of the eligible governing authority to which the taxes were or were to have been119
141	130		paid.120
142	131		(i)(1) For the purpose of offsetting an eligible governing authority's revenue loss in the121
143	132		final quarter of 2024 and any quarter of 2025 due to the destruction of eligible standing122
144	133		timber in the disaster area and the temporary tax relief authorized pursuant to this Code123
145	134		section, the commissioner shall, subject to an appropriation by the General Assembly124
146	135		specifically referencing the provisions of this Code section, provide a grant to each125
147	136		eligible governing authority that has consented to grant the temporary tax relief126
148	137		authorized pursuant to this Code section.127
149	138		(2) A grant provided for in paragraph (1) of this subsection shall be allotted to each128
150	139		eligible governing authority based on:129
151	140		(A) The governing authority's estimated revenue loss as described in paragraph (1) of130
152	141		this subsection;131
153	142		(B) The revenue received by such governing authority pursuant to Code132
154	143		Section 48-5-7.5 in each of the preceding three years; and133
155	144		(C) The estimated damage to eligible standing timber in the jurisdiction as provided134
156	145		in the Hurricane Helene Timber Damage Assessment published by the Georgia Forestry135
157	146		Commission on November 5, 2024, or other reliable data from the Georgia Forestry136
158	147		Commission.137
159	148		(3) No grant to an eligible governing authority provided pursuant to paragraph (1) of this138
160	149		subsection shall exceed the average of the total revenue received by such governing139
161	150		authority pursuant to Code Section 48-5-7.5 in 2021, 2022, and 2023.140
162	151		(j)(1) The grants provided pursuant to subsection (i) of this Code section shall not be141
163	152		included in the calculation of the equalized adjusted property tax digest under Code142
164	153		Section 48-5-274 for the purpose of calculating the required local five mill share for143
165	154		school funding purposes under Code Section 20-2-164.144
166		-	S. B. 52
167		-	- 6 - 25 LC 33 9775S (SCS)
	155	+	- 6 - 25 LC 33 9775S
168	156		(2) The temporary tax relief authorized pursuant to this Code section shall not affect the145
169	157		requirement provided for in paragraph (2) of subsection (m) of Code Section 48-5-7.5146
170	158		that the fair market value of timber harvested or sold be added to a digest and be included147
171	159		in the calculation of the equalized adjusted property tax digest under Code148
172	160		Section 48-5-274 for the purpose of calculating the required local five mill share for149
173	161		school funding purposes under Code Section 20-2-164.150
174	162		(k)(1) The commissioner, tax collectors, and tax commissioners shall be authorized to151
175	163		consult with the Georgia Forestry Commission to implement the provisions of this Code152
176	164		section.153
177	165		(2) The Georgia Forestry Commission shall establish criteria for determining whether154
178	166		timber property is severely damaged or destroyed. In establishing such criteria, such155
179	167		commission may consider:156
180	168		(A) The average damage sustained throughout the timber property;157
181	169		(B) Whether the timber property has adequate remaining trees per acre to maintain158
182	170		viable timber property; and159
183	171		(C) The risk of insect and disease damage to the timber property as a result of the160
184	172		disaster.161
185	173		(l) The commissioner may promulgate any rules and regulations necessary to implement162
186	174		and administer the provisions this Code section."163
187	175		SECTION 4.164
188	176		This Act shall become effective upon its approval by the Governor or upon its becoming law165
189	177		without such approval.166
190	178		SECTION 5.167
191	179		All laws and parts of laws in conflict with this Act are repealed.168
192		-	S. B. 52
193	180		- 7 -