Senate · Vetoed · 2025-2026 Regular Session
SB 59: Bona Fide Conservation Use Property; a limitation on leased property; remove
Last action May 12, 2026 · Veto V9
A Georgia Senate bill would raise the cap on tax credits for timber growers who lost trees in Hurricane Helene from $200 million to $250 million and let more producers claim the credit without needing advance state approval starting in 2026.
The summaries below were written by an AI model (claude-sonnet-5) from the text of the bill and are not part of it. Quote the text, not the summary. The stored text is the Enrolled version, the latest the General Assembly's website lists.
In plain language
Georgia created a tax credit program to help timber producers who lost trees in Hurricane Helene, but the program capped total credits at $200 million and required growers to apply for preapproval from the state revenue commissioner before claiming the credit. This bill raises that aggregate cap to $250 million and changes how the credit is awarded going forward. Under the bill, preapproval is still required for applications submitted through the end of 2025, but starting January 1, 2026, taxpayers can claim the credit without getting preapproved first, as long as the state has not already given out the full $250 million. The commissioner must start taking these later applications by July 1, 2026 and respond within 45 days. Growers still must finish replanting or restoring their timberland before claiming the credit, and all credits must be claimed by December 31, 2030. The changes apply to tax years starting on or after January 1, 2026 and take effect once the Governor signs the bill or it becomes law without a signature.
What the bill does
- Raises the total statewide cap on Hurricane Helene timber casualty loss tax credits from $200 million to $250 million.
- Removes the preapproval requirement for tax credit applications submitted on or after January 1, 2026, letting growers claim credits directly up to the new cap.
- Requires the commissioner to begin accepting these post-2025 applications by July 1, 2026 and to notify each applicant within 45 days.
- Keeps the requirement that timber must be restored or replanted to specific standards before a taxpayer can actually claim the credit.
- Sets a final deadline of December 31, 2030 for claiming any of these credits.
Who it affects
Timber producers and landowners in Georgia whose eligible timberland was damaged by Hurricane Helene, especially those applying for state tax credits after 2025; also the Georgia Department of Revenue, which administers the preapproval and application process.
Why it matters
More timber growers could receive state tax relief for storm losses, and the higher $250 million cap means fewer applicants are likely to be prorated down due to limited funds. Growers applying after 2025 also skip the extra preapproval step, potentially speeding up when they can claim the credit.
Key provisions
- Section 1 amends O.C.G.A. § 48-7-40.37(d)(4) and (e) to raise the aggregate credit cap from $200 million to $250 million.
- Section 1 revises subsection (c)(2) so preapproval is required only for applications submitted by December 31, 2025.
- New subsection (f)(1)(A)(ii) allows taxpayers to claim credits without a preapproval certificate starting January 1, 2026, in the order applications are received, up to the $250 million cap.
- The commissioner must begin accepting these applications no later than July 1, 2026 and respond to each taxpayer within 45 days of submission.
- Taxpayers must still complete restoration or replanting of damaged timberland, as described in subsection (f)(1)(B), before claiming the credit.
- All credits under this program must be claimed on or before December 31, 2030.
- Section 2 makes the Act effective upon the Governor's approval and applicable to taxable years beginning on or after January 1, 2026.
From the bill
“On and after January 1, 2026, tax credits allowed pursuant to this Code section shall be eligible to be claimed by taxpayers without the issuance of a preapproval certificate up to the maximum aggregate provided for in subsection (e) of this Code section in order of receipt of applications by the commissioner”
Discussed in meetings (9)
The House and Senate meetings that took this bill up, from their machine transcripts. Each account was written by Georgia Commons with AI and is not part of the record; the video is what was said.
House Ways & Means Committee, February 18, 2026
From 0:36:58 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The presenter explained that the substitute would raise the Hurricane Helene reforestation tax-credit cap from $200 million to $250 million and reopen applications. The presenter said applications totaled $241 million under the earlier cap, requiring prorated awards, and that some affected farmers had missed the deadline while rebuilding homes and farms. Additional applications would be handled first come, first served. The vice chair proposed requiring acceptance of applications for remaining credits no later than July 31, 2026, and award notices within 45 days. A legislative drafter discussed how those deadlines would fit existing language covering applications received on or after January 1, 2026. A Department of Revenue representative supported using the term accepting applications. When another member asked whether applicants would have to wait until July, speakers clarified that earlier applications could receive awards earlier. The amendment also allowed non-substantive drafting changes. The committee approved the amendment and then the substitute as amended by separate voice votes, with no counts announced.
House Rules Committee, February 23, 2026
From 0:52:31 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The presenter described SB 59 as increasing the cap on hurricane-related timber tax credits from $200 million to $250 million. The presenter said applications totaled $240 million after the previous year's $200 million authorization. A committee member asked whether the proposal would also give hurricane victims more time to apply for unclaimed credits, and the presenter confirmed that description. No vote followed.
House floor session, February 26, 2026 (legislative day 25, PM)
From 0:33:40 · Watch on the General Assembly's Vimeo channel · Confirmed by the 2026 House Journal, p. 1654
Summary by Georgia Commons: The sponsor presented a House substitute for SB 59 that would increase the $200 million cap on reforestation tax credits established through HB 223. The sponsor said applications exceeded $241 million and some eligible people missed the deadline. According to the sponsor, the substitute would fully cover original applicants and make remaining credits available on a first-come, first-served basis no later than June 30, 2026. The sponsor attributed missed applications to limited outreach in rural areas, insufficient information for accountants, and confusion over whether the program was administered by the state or the federal Farm Service Agency. No questions were asked. The House adopted the substitute without objection and passed the bill 154 to 3.
House Rules Committee, February 26, 2026
From 0:31:28 · Watch on the General Assembly's Vimeo channel · Confirmed by the 2026 House Journal, p. 1654
Summary by Georgia Commons: The committee placed SB 59 on the day’s supplemental calendar under structured rules after a motion and second. No objection was heard when the chair asked. There was no discussion of the bill’s substance.
Senate floor session, March 6, 2026 (legislative day 28, part 1)
From 5:23:12 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: A member gave notice of an intention to ask the Senate on the next legislative day to consider House action on SB 59. The clerk read its description concerning removal of a limitation on leased property receiving conservation-use tax treatment. The chair announced that action would be taken Monday. No decision on the House changes occurred in this transcript.
Senate floor session, March 9, 2026 (legislative day 29)
From 1:48:35 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: A senator gave notice of an intention to move on the next legislative day to consider House action on SB 59. The clerk read the bill's caption, describing removal of a limitation involving certain entities and property receiving preferential conservation-use or residential transitional assessments. The chair acknowledged the notice. No debate or vote on the House action occurred.
Senate floor session, March 10, 2026 (legislative day 30)
From 4:40:43 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: A senator gave notice of an intention to ask the Senate to consider House action on SB 59 on the next legislative day. The clerk read the caption, describing removal of a limitation on leased property involving certain entities under conservation-use property tax rules. The chair acknowledged the notice. No debate or vote on the House action occurred.
Senate floor session, March 12, 2026 (legislative day 31)
From 3:17:20 · Watch on the General Assembly's Vimeo channel · Confirmed by the bill's status history (Senate Agreed House Amend or Sub)
Summary by Georgia Commons: The presenting senator asked the Senate to agree to the House substitute to SB 59, replacing its conservation-use property provisions with changes to Hurricane Helene timber tax credits. The senator said the substitute would increase the credit cap from $200 million to $250 million after requests reached roughly $241 million to $243 million. Comparing storms, the senator said Helene affected 8.9 million acres, including 1.47 million severely damaged acres, versus 2.4 million affected and 296,000 severely damaged acres from Hurricane Michael. The senator said some older landowners had not learned of the program and that forestry officials must verify clearing and replanting. Another senator asked whether application language would let credits be sold or claimed by someone without preapproval, emphasizing that timber owners should receive the benefit. The presenter initially expressed uncertainty but later clarified that the language would prevent existing applicants from having to submit preapproval again. The Senate agreed to the House substitute 49 to 0.
Status timeline
- Veto V9
- Senate Date Vetoed by Governor (Senate)
- Senate Sent to Governor (Senate)
- Senate Agreed House Amend or Sub (Senate)
- House Passed/Adopted By Substitute (House)
- House Third Readers (House)
- House Committee Favorably Reported By Substitute (House)
- House Withdrawn, Recommitted (House)
Show full history (18 actions)
- House Committee Favorably Reported By Substitute (House)
- House Second Readers (House)
- House First Readers (House)
- Senate Passed/Adopted (Senate)
- Senate Third Read (Senate)
- Senate Engrossed (Senate)
- Senate Read Second Time (Senate)
- Senate Committee Favorably Reported (Senate)
- Senate Read and Referred (Senate)
- Senate Hopper (Senate)
Sponsors
- Sam Watson (R, SD-11)
- Billy Hickman (R, SD-4)
- Russ Goodman (R, SD-8)
- Lee Anderson (R, SD-24)
- Carden Summers (R, SD-13)
- Drew Echols (R, SD-49)
- Angie O'Steen (R, HD-169)
Votes
- Senate voteFebruary 19, 2025
31 yea, 21 nay (1 not voting, 3 excused)
- Senate voteFebruary 19, 2025
50 yea, 1 nay (0 not voting, 5 excused)
- House voteFebruary 26, 2026
154 yea, 3 nay (12 not voting, 8 excused)
- Senate voteMarch 12, 2026
49 yea, 0 nay (3 not voting, 3 excused)
Topics
- timber tax credits
- Hurricane Helene relief
- agriculture tax policy
- Georgia Department of Revenue