HOUSE BILL 950
By Brooks
SENATE BILL 1206
By Yarbro
SB1206
001150
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AN ACT to amend Tennessee Code Annotated, Title 4,
Chapter 3, Part 5; Title 5; Title 6; Title 7; Title 11;
Title 43, Chapter 24 and Title 68, Chapter 201,
relative to environmental protection.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 4, Chapter 3, Part 5, is amended by
adding the following as a new section:
(a) As used in this section:
(1) "Department" means the department of environment and
conservation;
(2) "Development fund" means the urban green space development fund,
created by subsection (b);
(3) "Green space":
(A) Means areas of land, which by reason of having natural and
historic features, scenic beauty, or location, possess natural or potential
physical, aesthetic, scientific, creative, social, or other recreational values,
and are dedicated to and reserved and administered by a local
government entity or private nonprofit organization for the recreational
and cultural use and enjoyment of the public; and
(B) Includes community gardens, as defined in § 43-24-102; and
(4) "Urban area" means a geographic area that is defined as an urban
area by the United States census bureau.
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(b) There is created a special account in the state treasury to be known as the
Urban Green Space Development fund.
(c)
(1) Moneys in the development fund must be used exclusively by the
department to provide grants to local government entities and private nonprofit
organizations. All such grants must be made solely for the fee simple purchase
of, or purchase of protective interests in, green space located in urban areas.
(2) The department shall establish, administer, manage, and make
expenditures and allocations from the development fund.
(3)
(A) A private nonprofit organization seeking grant funding from
the development fund must provide matching funds from any nonstate
sources on a basis established by the department in a rule promulgated
pursuant to the Uniform Administrative Procedures Act, compiled in title 4,
chapter 5.
(B) For the purposes of this subdivision (c)(3), "matching funds"
means both cash and the value of any noncash contribution due to a
bargain sale or the donation of land or interest therein made by the
landowner as part of a proposed project.
(C) State funds must not be included in determining the amount
of the match.
(4) Eligible costs for which moneys from the development fund may be
allocated include:
(A) Acquisition of land and any improvements thereon; and
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(B) Acquisition of permanent protective interests, including, but
not limited to, conservation easements and costs associated with such
acquisitions, including, but not limited to, the cost of appraisals,
environmental reports, surveys, title searches and title insurance, and
other closing costs.
(5) Grants from the development fund may be awarded for prospective
purchases or for acquisitions for which the applicant has closed; provided, that
for closed acquisitions, the applicant shall demonstrate that:
(A) The closing occurred no more than twelve (12) months prior
to the date of application for the grant; and
(B) An identifiable threat to the future availability of the resource
existed at the time of the purchase.
(6) Any private nonprofit organization making an acquisition of land or
interest therein pursuant to this section shall grant to the local government where
such land is located a perpetual easement placing restrictions on the use or
development of the land for a purpose other than green space.
(7) This section does not prevent the subsequent transfer of property
acquired pursuant to this section to the state.
(8) The department shall establish guidelines for applications,
prioritization, and award of grants from the development fund in consultation with
appropriate stakeholders. Consideration shall be given, but not limited to, the
financial and administrative capacity of the applicant to complete the project and
to maintain and manage the property consistent with the public investment and
public interests, such as education, recreation, research, tourism promotion, or
orderly community development.
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(9) All grant recipients are subject to audit by the comptroller of the
treasury as to the funds received pursuant to this section.
(d)
(1) In addition to appropriations made to the development fund, the
department may accept other funds, public or private, by way of gift or grant to
the development fund. Any such gift or grant shall be deposited into the
development fund to be distributed in accordance with this section.
(2) Moneys in the development fund may be invested by the state
treasurer in accordance with § 9-4-602.
(3) Interest accruing on investments and deposits of the development
fund shall be credited to the development fund, shall not revert to the general
fund, and shall be carried forward into the subsequent fiscal year.
(4) Any balance remaining unexpended at the end of a fiscal year in the
development fund shall not revert to the general fund but shall be carried forward
into the subsequent fiscal year.
SECTION 2. Tennessee Code Annotated, Section 68-201-107, is amended by adding
the following as a new subdivision:
( ) Establish a program to incentivize community-led projects that improve air
quality.
SECTION 3. This act is not an appropriation of funds, and funds must not be obligated
or expended pursuant to this act unless the funds are specifically appropriated by the general
appropriations act.
SECTION 4. For the purpose of promulgating rules, this act takes effect upon becoming
a law, the public welfare requiring it. For all other purposes, this act takes effect January 1,
2026, the public welfare requiring it.