Tennessee 2025-2026 Regular Session

Tennessee House Bill HB1325 Compare Versions

Only one version of the bill is available at this time.
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22 SENATE BILL 207
33 By Johnson
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55 HOUSE BILL 1325
66 By Lamberth
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99 HB1325
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1313 AN ACT to amend Tennessee Code Annotated, Title 43,
1414 Chapter 1, Part 1, relative to the farmland
1515 preservation fund.
1616
1717 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
1818 SECTION 1. Tennessee Code Annotated, Title 43, Chapter 1, Part 1, is amended by
1919 adding the following as a new section:
2020 43-1-1__. Farmland preservation fund.
2121 (a) It is the intent of the general assembly to preserve farmland and forestland in
2222 Tennessee without limiting the ability of farmers and foresters to use their property for
2323 their agricultural pursuits. The general assembly intends to secure the economic,
2424 environmental, and societal benefits of farmland and forestland for future generations.
2525 Further, the general assembly finds Tennessee history and culture to be positively
2626 impacted by agricultural endeavors and believes preserving farmland and forestland will
2727 provide food security for generations to come.
2828 (b) Subject to annual appropriations, there is established a fund for the
2929 development and implementation of programs that benefit Tennesseans by preserving
3030 farmland and forestland, including a grant program for conservation easements.
3131 (1) There is established within the general fund a special agency account
3232 to be known as the farmland preservation fund for funds allocated to the
3333 department of agriculture for purposes of this section.
3434 (2) Any unencumbered moneys and unexpended balance of the fund
3535 remaining at the end of a fiscal year does not revert to the general fund but must
3636 be carried forward and maintained until expended in accordance with this
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4141 section. The state treasurer shall invest moneys in the fund for the fund's benefit
4242 pursuant to § 9-4-603. Interest accruing on investments and deposits of the fund
4343 must be returned to the fund and remain a part of the fund. The fund must only
4444 consist of moneys appropriated from the general fund or interest accruing on
4545 investments and deposits in the fund.
4646 (3) The commissioner of agriculture shall administer the fund.
4747 (c)
4848 (1) As used in this subsection (c), "qualified easement holder" means a
4949 501(c)(3) nonprofit organization that is exempt from federal income taxation
5050 under Section 501(c)(3) of the Internal Revenue Code (26 U.S.C. § 501(c)(3))
5151 and that acquires or proposes to acquire a conservation easement on farmland
5252 or forestland in the state, whether through purchase, donation, or other transfer.
5353 (2) Subject to the following, the department of agriculture shall develop a
5454 grant program within the farmland preservation fund for farmland and forestland
5555 owners to enroll their land in a permanent conservation easement held by a
5656 qualified easement holder:
5757 (A) The department of agriculture may award a grant to a
5858 qualified easement holder or directly to the farmer or forester;
5959 (B) A grant application must include, at a minimum, the following:
6060 (i) Proof satisfactory to the department of agriculture that
6161 the farmer or forester has entered into, or has contracted to enter
6262 into, a conservation easement with a qualified easement holder;
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6868 (ii) Proof satisfactory to the department of agriculture that
6969 the farmland or forestland covered by the conservation easement
7070 will be used for farm or forestry purposes; and
7171 (C) A qualified easement holder shall not sell, transfer, release, or
7272 otherwise divest a conservation easement acquired by participating in the
7373 grant program.
7474 (d) Governmental entities are not eligible to participate in a grant
7575 program created pursuant to this section.
7676 (e) The commissioner of agriculture is authorized to promulgate rules to
7777 effectuate this section, including the establishment of eligibility criteria. The rules
7878 must be promulgated in accordance with the Uniform Administrative Procedures
7979 Act, compiled in title 4, chapter 5.
8080 SECTION 2. The heading in this act is for reference purposes only and does not
8181 constitute a part of the law enacted by this act. However, the Tennessee Code Commission is
8282 requested to include the headings in any compilation or publication containing this act.
8383 SECTION 3. For purposes of promulgating rules, this act takes effect upon becoming a
8484 law, the public welfare requiring it. For all other purposes, this act takes effect on July 1, 2025,
8585 the public welfare requiring it.