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Tennessee General Assembly· HB 1325Comp. SB subst.

Agriculture, Dept. of - As enacted, establishes a fund for the development and implementation of programs that benefit Tennesseans by preserving farmland and forestland, including a grant program for conservation easemen, the official text

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                            PUBLIC CHAPTER NO. 470

                                                    SENATE BILL NO. 207

 By Johnson, Yager, Seal, Reeves, Walley, Stevens, Haile, Massey, Bailey, Gardenhire, Rose

                                           Substituted for: House Bill No. 1325

  By Lamberth, Cochran, Renea Jones, Vital, Stinnett, Hawk, Alexander, Reedy, Powers, Maberry,
              Russell, Burkhart, Bricken, Atchley, Baum, Travis, Hale, Howell, White, Littleton

AN ACT to amend Tennessee Code Annotated, Title 43, Chapter 1, Part 1, relative to the farmland
         preservation fund.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

         SECTION 1. Tennessee Code Annotated, Title 43, Chapter 1, Part 1, is amended by adding
the following as a new section:

          43-1-1_. Farmland preservation fund.

                   (a)(1) It is the intent of the general assembly to preserve farmland and forestland in
                   this state without limiting the ability of farmers and forest landowners to use their
                   property for their agricultural pursuits. The general assembly intends to secure the
                   economic, environmental, and societal benefits of farmland and forestland for future
                   generations.

                             (2) The general assembly finds the history and culture of this state to be
                   positively impacted by agricultural endeavors and takes the position that preserving
                   farmland and forestland will provide food and fiber security for generations to come.

                   (b)(1) Subject to annual appropriations, there is established a fund for the
                   development and implementation of programs that benefit Tennesseans by
                   preserving farmland and forestland, including a grant program for conservation
                   easements.

                             (2) There is established within the general fund a special agency account to
                    be known as the farmland preservation fund for funds allocated to the department of
                    agriculture for purposes of this section.

                             (3) Any unencumbered moneys and unexpended balance of the fund
                    remaining at the end of a fiscal year do not revert to the general fund but must be
                    carried forward and maintained until expended in accordance with this section. The
                    state treasurer shall invest moneys in the fund for the fund's benefit pursuant to§ 9-4-
                    603. Interest accruing on investments and deposits of the fund must be returned to
                    the fund and remain a part of the fund. The fund must only consist of moneys
                    appropriated from the general fund or interest accruing on investments and deposits
                    in the fund.

                             (4) The commissioner of agriculture shall administer the fund.

                    (c)(1) As used in this subsection (c), "qualified easement holder" means a 501 (c)(3)
                    nonprofit organization that:

                                       (A) Is exempt from federal income taxation under § 501 (c)(3) of the
                              Internal Revenue Code (26 U.S.C. § 501 (c)(3));
S8207

                                        (8) Acquires or proposes to acquire a conservation easement on
                              farmland or forestland in the state, whether through purchase, donation, or
                              other transfer; and

                                        (C) Meets any other requirements established by the commissioner in
                              rule.

                              (2) Subject to the following, the department of agriculture shall develop a grant
                    program within the farmland preservation fund for farmland and forestland owners to
                    enroll their land in a permanent conservation easement held by a qualified easement
                    holder:

                                        (A) The department of agriculture may award a grant to a qualified
                              easement holder or directly to the farmer or forest landowner;

                                        (8) A grant application must include, at a minimum, the following:

                                                  (i) Proof satisfactory to the department of agriculture that the
                                        farmer or forest landowner has entered into, or has contracted to enter
                                        into, a conservation easement with a qualified easement holder; and

                                                  (ii) Proof satisfactory to the department of agriculture that the
                                        farmland or forestland covered by the conservation easement will be
                                        used for farm or forestry purposes; and

                                        (C) A conservation easement acquired by participating in the grant
                              program must include the following conditions:

                                                  (i) The qualified easement holder shall not sell, transfer,
                                        release, or otherwise divest the conservation easement except upon
                                        the consent of the farmer or forest landowner;

                                                  (ii) A successor of a qualified easement holder shall be bound
                                        to the terms of a conservation easement;

                                                  (iii) Any amendment to a conservation easement acquired
                                        under this section shall only be made upon the consent of the farmer
                                        or forest landowner and qualified easement holder and shall become
                                        effective and enforceable at the time that such amendment is recorded
                                        in the register's office of the county in which the farmland or forestland
                                        is located;

                                                  (iv) The qualified easement holder shall only have access to
                                        the property upon the consent of the farmer or forest landowner with
                                        reasonable notice at reasonable times; and

                                                  (v) The conservation easement must permit the erection,
                                        construction, or reconstruction of any building or other structure for
                                        agricultural or forestry purposes and shall not restrict agriculture, as
                                        defined in §§ 1-3-105 and 43-1-113, or forestry, as defined in§ 11-4-
                                        103.

                    (d) Governmental entities are not eligible to participate in a grant program created
          pursuant to this section.

                    (e) The commissioner of agriculture is authorized to promulgate rules to effectuate
          this section, including the establishment of eligibility criteria. The rules must be promulgated
          in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

                     (f) Except as otherwise provided in this section, the Conservation Easement Act of
           1981, compiled in title 66, chapter 9, part 3, applies to conservation easements created using
          grant funds from the farmland preservation fund.

           SECTION 2. The heading in this act is for reference purposes only and does not constitute a
 part of the law enacted by this act. However, the Tennessee Code Commission is requested to
 include the heading in any compilation or publication containing this act.

           SECTION 3. For purposes of promulgating rules, this act takes effect upon becoming a law,
the public welfare requiring it. For all other purposes, this act takes effect on July 1, 2025, the public
welfare requiring it.

                                                                  2
         SENATE BILL NO. 207

PASSED:  April 21, 2025

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                                   SPEAKER OF THE SENATE

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                         CAMERONSEXTON,SPEAKER

                         HOUSE OF REPRESENTATIVES

rk1a APPROVED this Q,_IJ.. day of  J..~  2025

         BILL LEE, GOVERNOR
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