Tennessee 2025-2026 Regular Session

Tennessee Senate Bill SB1206 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	HOUSE BILL 950
3	3	By Brooks
4	4
5	5	SENATE BILL 1206
6	6	By Yarbro
7	7
8	8
9	9	SB1206
10	10	001150
11	11	- 1 -
12	12
13	13	AN ACT to amend Tennessee Code Annotated, Title 4,
14	14	Chapter 3, Part 5; Title 5; Title 6; Title 7; Title 11;
15	15	Title 43, Chapter 24 and Title 68, Chapter 201,
16	16	relative to environmental protection.
17	17
18	18	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
19	19	SECTION 1. Tennessee Code Annotated, Title 4, Chapter 3, Part 5, is amended by
20	20	adding the following as a new section:
21	21	(a) As used in this section:
22	22	(1) "Department" means the department of environment and
23	23	conservation;
24	24	(2) "Development fund" means the urban green space development fund,
25	25	created by subsection (b);
26	26	(3) "Green space":
27	27	(A) Means areas of land, which by reason of having natural and
28	28	historic features, scenic beauty, or location, possess natural or potential
29	29	physical, aesthetic, scientific, creative, social, or other recreational values,
30	30	and are dedicated to and reserved and administered by a local
31	31	government entity or private nonprofit organization for the recreational
32	32	and cultural use and enjoyment of the public; and
33	33	(B) Includes community gardens, as defined in § 43-24-102; and
34	34	(4) "Urban area" means a geographic area that is defined as an urban
35	35	area by the United States census bureau.
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37	37
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40	40	(b) There is created a special account in the state treasury to be known as the
41	41	Urban Green Space Development fund.
42	42	(c)
43	43	(1) Moneys in the development fund must be used exclusively by the
44	44	department to provide grants to local government entities and private nonprofit
45	45	organizations. All such grants must be made solely for the fee simple purchase
46	46	of, or purchase of protective interests in, green space located in urban areas.
47	47	(2) The department shall establish, administer, manage, and make
48	48	expenditures and allocations from the development fund.
49	49	(3)
50	50	(A) A private nonprofit organization seeking grant funding from
51	51	the development fund must provide matching funds from any nonstate
52	52	sources on a basis established by the department in a rule promulgated
53	53	pursuant to the Uniform Administrative Procedures Act, compiled in title 4,
54	54	chapter 5.
55	55	(B) For the purposes of this subdivision (c)(3), "matching funds"
56	56	means both cash and the value of any noncash contribution due to a
57	57	bargain sale or the donation of land or interest therein made by the
58	58	landowner as part of a proposed project.
59	59	(C) State funds must not be included in determining the amount
60	60	of the match.
61	61	(4) Eligible costs for which moneys from the development fund may be
62	62	allocated include:
63	63	(A) Acquisition of land and any improvements thereon; and
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65	65
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67	67
68	68	(B) Acquisition of permanent protective interests, including, but
69	69	not limited to, conservation easements and costs associated with such
70	70	acquisitions, including, but not limited to, the cost of appraisals,
71	71	environmental reports, surveys, title searches and title insurance, and
72	72	other closing costs.
73	73	(5) Grants from the development fund may be awarded for prospective
74	74	purchases or for acquisitions for which the applicant has closed; provided, that
75	75	for closed acquisitions, the applicant shall demonstrate that:
76	76	(A) The closing occurred no more than twelve (12) months prior
77	77	to the date of application for the grant; and
78	78	(B) An identifiable threat to the future availability of the resource
79	79	existed at the time of the purchase.
80	80	(6) Any private nonprofit organization making an acquisition of land or
81	81	interest therein pursuant to this section shall grant to the local government where
82	82	such land is located a perpetual easement placing restrictions on the use or
83	83	development of the land for a purpose other than green space.
84	84	(7) This section does not prevent the subsequent transfer of property
85	85	acquired pursuant to this section to the state.
86	86	(8) The department shall establish guidelines for applications,
87	87	prioritization, and award of grants from the development fund in consultation with
88	88	appropriate stakeholders. Consideration shall be given, but not limited to, the
89	89	financial and administrative capacity of the applicant to complete the project and
90	90	to maintain and manage the property consistent with the public investment and
91	91	public interests, such as education, recreation, research, tourism promotion, or
92	92	orderly community development.
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97	97	(9) All grant recipients are subject to audit by the comptroller of the
98	98	treasury as to the funds received pursuant to this section.
99	99	(d)
100	100	(1) In addition to appropriations made to the development fund, the
101	101	department may accept other funds, public or private, by way of gift or grant to
102	102	the development fund. Any such gift or grant shall be deposited into the
103	103	development fund to be distributed in accordance with this section.
104	104	(2) Moneys in the development fund may be invested by the state
105	105	treasurer in accordance with § 9-4-602.
106	106	(3) Interest accruing on investments and deposits of the development
107	107	fund shall be credited to the development fund, shall not revert to the general
108	108	fund, and shall be carried forward into the subsequent fiscal year.
109	109	(4) Any balance remaining unexpended at the end of a fiscal year in the
110	110	development fund shall not revert to the general fund but shall be carried forward
111	111	into the subsequent fiscal year.
112	112	SECTION 2. Tennessee Code Annotated, Section 68-201-107, is amended by adding
113	113	the following as a new subdivision:
114	114	( ) Establish a program to incentivize community-led projects that improve air
115	115	quality.
116	116	SECTION 3. This act is not an appropriation of funds, and funds must not be obligated
117	117	or expended pursuant to this act unless the funds are specifically appropriated by the general
118	118	appropriations act.
119	119	SECTION 4. For the purpose of promulgating rules, this act takes effect upon becoming
120	120	a law, the public welfare requiring it. For all other purposes, this act takes effect January 1,
121	121	2026, the public welfare requiring it.