1 | 1 | | |
---|
2 | 2 | | SENATE BILL 207 |
---|
3 | 3 | | By Johnson |
---|
4 | 4 | | |
---|
5 | 5 | | HOUSE BILL 1325 |
---|
6 | 6 | | By Lamberth |
---|
7 | 7 | | |
---|
8 | 8 | | |
---|
9 | 9 | | HB1325 |
---|
10 | 10 | | 000920 |
---|
11 | 11 | | - 1 - |
---|
12 | 12 | | |
---|
13 | 13 | | AN ACT to amend Tennessee Code Annotated, Title 43, |
---|
14 | 14 | | Chapter 1, Part 1, relative to the farmland |
---|
15 | 15 | | preservation fund. |
---|
16 | 16 | | |
---|
17 | 17 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
---|
18 | 18 | | SECTION 1. Tennessee Code Annotated, Title 43, Chapter 1, Part 1, is amended by |
---|
19 | 19 | | adding the following as a new section: |
---|
20 | 20 | | 43-1-1__. Farmland preservation fund. |
---|
21 | 21 | | (a) It is the intent of the general assembly to preserve farmland and forestland in |
---|
22 | 22 | | Tennessee without limiting the ability of farmers and foresters to use their property for |
---|
23 | 23 | | their agricultural pursuits. The general assembly intends to secure the economic, |
---|
24 | 24 | | environmental, and societal benefits of farmland and forestland for future generations. |
---|
25 | 25 | | Further, the general assembly finds Tennessee history and culture to be positively |
---|
26 | 26 | | impacted by agricultural endeavors and believes preserving farmland and forestland will |
---|
27 | 27 | | provide food security for generations to come. |
---|
28 | 28 | | (b) Subject to annual appropriations, there is established a fund for the |
---|
29 | 29 | | development and implementation of programs that benefit Tennesseans by preserving |
---|
30 | 30 | | farmland and forestland, including a grant program for conservation easements. |
---|
31 | 31 | | (1) There is established within the general fund a special agency account |
---|
32 | 32 | | to be known as the farmland preservation fund for funds allocated to the |
---|
33 | 33 | | department of agriculture for purposes of this section. |
---|
34 | 34 | | (2) Any unencumbered moneys and unexpended balance of the fund |
---|
35 | 35 | | remaining at the end of a fiscal year does not revert to the general fund but must |
---|
36 | 36 | | be carried forward and maintained until expended in accordance with this |
---|
37 | 37 | | |
---|
38 | 38 | | |
---|
39 | 39 | | - 2 - 000920 |
---|
40 | 40 | | |
---|
41 | 41 | | section. The state treasurer shall invest moneys in the fund for the fund's benefit |
---|
42 | 42 | | pursuant to § 9-4-603. Interest accruing on investments and deposits of the fund |
---|
43 | 43 | | must be returned to the fund and remain a part of the fund. The fund must only |
---|
44 | 44 | | consist of moneys appropriated from the general fund or interest accruing on |
---|
45 | 45 | | investments and deposits in the fund. |
---|
46 | 46 | | (3) The commissioner of agriculture shall administer the fund. |
---|
47 | 47 | | (c) |
---|
48 | 48 | | (1) As used in this subsection (c), "qualified easement holder" means a |
---|
49 | 49 | | 501(c)(3) nonprofit organization that is exempt from federal income taxation |
---|
50 | 50 | | under Section 501(c)(3) of the Internal Revenue Code (26 U.S.C. § 501(c)(3)) |
---|
51 | 51 | | and that acquires or proposes to acquire a conservation easement on farmland |
---|
52 | 52 | | or forestland in the state, whether through purchase, donation, or other transfer. |
---|
53 | 53 | | (2) Subject to the following, the department of agriculture shall develop a |
---|
54 | 54 | | grant program within the farmland preservation fund for farmland and forestland |
---|
55 | 55 | | owners to enroll their land in a permanent conservation easement held by a |
---|
56 | 56 | | qualified easement holder: |
---|
57 | 57 | | (A) The department of agriculture may award a grant to a |
---|
58 | 58 | | qualified easement holder or directly to the farmer or forester; |
---|
59 | 59 | | (B) A grant application must include, at a minimum, the following: |
---|
60 | 60 | | (i) Proof satisfactory to the department of agriculture that |
---|
61 | 61 | | the farmer or forester has entered into, or has contracted to enter |
---|
62 | 62 | | into, a conservation easement with a qualified easement holder; |
---|
63 | 63 | | and |
---|
64 | 64 | | |
---|
65 | 65 | | |
---|
66 | 66 | | - 3 - 000920 |
---|
67 | 67 | | |
---|
68 | 68 | | (ii) Proof satisfactory to the department of agriculture that |
---|
69 | 69 | | the farmland or forestland covered by the conservation easement |
---|
70 | 70 | | will be used for farm or forestry purposes; and |
---|
71 | 71 | | (C) A qualified easement holder shall not sell, transfer, release, or |
---|
72 | 72 | | otherwise divest a conservation easement acquired by participating in the |
---|
73 | 73 | | grant program. |
---|
74 | 74 | | (d) Governmental entities are not eligible to participate in a grant |
---|
75 | 75 | | program created pursuant to this section. |
---|
76 | 76 | | (e) The commissioner of agriculture is authorized to promulgate rules to |
---|
77 | 77 | | effectuate this section, including the establishment of eligibility criteria. The rules |
---|
78 | 78 | | must be promulgated in accordance with the Uniform Administrative Procedures |
---|
79 | 79 | | Act, compiled in title 4, chapter 5. |
---|
80 | 80 | | SECTION 2. The heading in this act is for reference purposes only and does not |
---|
81 | 81 | | constitute a part of the law enacted by this act. However, the Tennessee Code Commission is |
---|
82 | 82 | | requested to include the headings in any compilation or publication containing this act. |
---|
83 | 83 | | SECTION 3. For purposes of promulgating rules, this act takes effect upon becoming a |
---|
84 | 84 | | law, the public welfare requiring it. For all other purposes, this act takes effect on July 1, 2025, |
---|
85 | 85 | | the public welfare requiring it. |
---|