Tennessee 2025-2026 Regular Session

Tennessee House Bill HB0950 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2		-	SENATE BILL 1206
3		-	By Yarbro
	2	+	<BillNo> <Sponsor>
4	3
5	4		HOUSE BILL 950
6	5		By Brooks
7	6
8	7
9	8		HB0950
10	9		001150
11	10		- 1 -
12	11
13	12		AN ACT to amend Tennessee Code Annotated, Title 4,
14	13		Chapter 3, Part 5; Title 5; Title 6; Title 7; Title 11;
15	14		Title 43, Chapter 24 and Title 68, Chapter 201,
16	15		relative to environmental protection.
17	16
18	17		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
19	18		SECTION 1. Tennessee Code Annotated, Title 4, Chapter 3, Part 5, is amended by
20	19		adding the following as a new section:
21	20		(a) As used in this section:
22	21		(1) "Department" means the department of environment and
23	22		conservation;
24	23		(2) "Development fund" means the urban green space development fund,
25	24		created by subsection (b);
26	25		(3) "Green space":
27	26		(A) Means areas of land, which by reason of having natural and
28	27		historic features, scenic beauty, or location, possess natural or potential
29	28		physical, aesthetic, scientific, creative, social, or other recreational values,
30	29		and are dedicated to and reserved and administered by a local
31	30		government entity or private nonprofit organization for the recreational
32	31		and cultural use and enjoyment of the public; and
33	32		(B) Includes community gardens, as defined in § 43-24-102; and
34	33		(4) "Urban area" means a geographic area that is defined as an urban
35	34		area by the United States census bureau.
	35	+	(b) There is created a special account in the state treasury to be known as the
	36	+	Urban Green Space Development fund.
36	37
37	38
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40		-	(b) There is created a special account in the state treasury to be known as the
41		-	Urban Green Space Development fund.
42	41		(c)
43	42		(1) Moneys in the development fund must be used exclusively by the
44	43		department to provide grants to local government entities and private nonprofit
45	44		organizations. All such grants must be made solely for the fee simple purchase
46	45		of, or purchase of protective interests in, green space located in urban areas.
47	46		(2) The department shall establish, administer, manage, and make
48	47		expenditures and allocations from the development fund.
49	48		(3)
50	49		(A) A private nonprofit organization seeking grant funding from
51	50		the development fund must provide matching funds from any nonstate
52	51		sources on a basis established by the department in a rule promulgated
53	52		pursuant to the Uniform Administrative Procedures Act, compiled in title 4,
54	53		chapter 5.
55	54		(B) For the purposes of this subdivision (c)(3), "matching funds"
56	55		means both cash and the value of any noncash contribution due to a
57	56		bargain sale or the donation of land or interest therein made by the
58	57		landowner as part of a proposed project.
59	58		(C) State funds must not be included in determining the amount
60	59		of the match.
61	60		(4) Eligible costs for which moneys from the development fund may be
62	61		allocated include:
63	62		(A) Acquisition of land and any improvements thereon; and
	63	+	(B) Acquisition of permanent protective interests, including, but
	64	+	not limited to, conservation easements and costs associated with such
	65	+	acquisitions, including, but not limited to, the cost of appraisals,
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65	67
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68		-	(B) Acquisition of permanent protective interests, including, but
69		-	not limited to, conservation easements and costs associated with such
70		-	acquisitions, including, but not limited to, the cost of appraisals,
71	70		environmental reports, surveys, title searches and title insurance, and
72	71		other closing costs.
73	72		(5) Grants from the development fund may be awarded for prospective
74	73		purchases or for acquisitions for which the applicant has closed; provided, that
75	74		for closed acquisitions, the applicant shall demonstrate that:
76	75		(A) The closing occurred no more than twelve (12) months prior
77	76		to the date of application for the grant; and
78	77		(B) An identifiable threat to the future availability of the resource
79	78		existed at the time of the purchase.
80	79		(6) Any private nonprofit organization making an acquisition of land or
81	80		interest therein pursuant to this section shall grant to the local government where
82	81		such land is located a perpetual easement placing restrictions on the use or
83	82		development of the land for a purpose other than green space.
84	83		(7) This section does not prevent the subsequent transfer of property
85	84		acquired pursuant to this section to the state.
86	85		(8) The department shall establish guidelines for applications,
87	86		prioritization, and award of grants from the development fund in consultation with
88	87		appropriate stakeholders. Consideration shall be given, but not limited to, the
89	88		financial and administrative capacity of the applicant to complete the project and
90	89		to maintain and manage the property consistent with the public investment and
91	90		public interests, such as education, recreation, research, tourism promotion, or
92	91		orderly community development.
	92	+	(9) All grant recipients are subject to audit by the comptroller of the
	93	+	treasury as to the funds received pursuant to this section.
	94	+	(d)
93	95
94	96
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96	98
97		-	(9) All grant recipients are subject to audit by the comptroller of the
98		-	treasury as to the funds received pursuant to this section.
99		-	(d)
100	99		(1) In addition to appropriations made to the development fund, the
101	100		department may accept other funds, public or private, by way of gift or grant to
102	101		the development fund. Any such gift or grant shall be deposited into the
103	102		development fund to be distributed in accordance with this section.
104	103		(2) Moneys in the development fund may be invested by the state
105	104		treasurer in accordance with § 9-4-602.
106	105		(3) Interest accruing on investments and deposits of the development
107	106		fund shall be credited to the development fund, shall not revert to the general
108	107		fund, and shall be carried forward into the subsequent fiscal year.
109	108		(4) Any balance remaining unexpended at the end of a fiscal year in the
110	109		development fund shall not revert to the general fund but shall be carried forward
111	110		into the subsequent fiscal year.
112	111		SECTION 2. Tennessee Code Annotated, Section 68-201-107, is amended by adding
113	112		the following as a new subdivision:
114	113		( ) Establish a program to incentivize community-led projects that improve air
115	114		quality.
116	115		SECTION 3. This act is not an appropriation of funds, and funds must not be obligated
117	116		or expended pursuant to this act unless the funds are specifically appropriated by the general
118	117		appropriations act.
119	118		SECTION 4. For the purpose of promulgating rules, this act takes effect upon becoming
120	119		a law, the public welfare requiring it. For all other purposes, this act takes effect January 1,
121	120		2026, the public welfare requiring it.