SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2443

The Commonwealth of Massachusetts

_______________

In the One Hundred and Eighty-Ninth General Court
(2015-2016)

_______________

by inserting after section 120 the following sections:-

SECTION 121. Section 6C of chapter 20 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out, in line 3, the figure “17” and inserting in place thereof the following figure:- 18.

SECTION 122. Said section 6C of said chapter 20, as so appearing, is hereby further amended by inserting after the word “designee”, in line 14, the following words:- ; 1 of whom shall be the commissioner of fish and game, or the commissioner’s designee.

SECTION 122A. Said section 6C of said chapter 20, as so appearing, is hereby further amended by inserting after the word “assistance”, in line 50, the following words:- ; 1 of whom shall represent an organization or entity engaged in hydroponic farming or in research related to hydroponic farming; 1 of whom shall represent an organization or entity engaged in aquaponic farming or in research related to aquaponic farming.

SECTION 123. Section 23 of said chapter 20, as so appearing, is hereby amended by inserting after the word “by”, in line 22, the following words:- agricultural commissions or.

SECTION 124. Chapter 29 of the General Laws is hereby amended by striking out section 2III, as so appearing, and inserting in place thereof the following section:-

Section 2III. There shall be a fund to be known as the Agricultural Resolve and Security Fund. The money in this fund shall be expended to foster agriculture, as defined in section 1A of chapter 128, in the commonwealth and for furthering other purposes and programs of the department of agricultural resources as set forth in any general or special law including, but not limited to, agricultural education, support for sustainable agriculture and pollution prevention, agricultural integrated pest management programs, agricultural land preservation, control of animal diseases, emergency preparedness, agricultural innovation, the agricultural food safety improvement program, the farm viability enhancement program and the urban agriculture program.

The Agricultural Resolve and Security Fund may receive money from: (i) gifts, grants and donations from public or private sources; (ii) federal reimbursements and grants-in-aid; (iii) revenues retained equal to 10 per cent, but not exceeding $400,000, of the annual pesticide product registration fees collected pursuant to section 7 of chapter 132B; (iv) any appropriations authorized by the general court specifically designated to be credited to the fund; and (v) any interest earned from the fund. The state treasurer shall be the custodian of the fund and shall receive, deposit and invest all money transmitted under this section to ensure the highest interest rate available consistent with the safety of the fund. The books and records of the fund shall be subject to an annual audit by the state auditor. The department of agricultural resources may expend money in the fund and no expenditure from the fund shall cause it to be in deficiency at the close of a fiscal year. The commissioner of agricultural resources shall report annually to the house and senate committees on ways and means and the joint committee on environment, natural resources and agriculture on income received into the fund and sources of that income, any expenditure from the fund and the purpose of that expenditure and the fund’s balance. Money in the fund at the end of the fiscal year shall not revert to the General Fund and shall be available for expenditure in the subsequent year and shall not be subject to section 5C of chapter 29.

SECTION 125. Said chapter 29 is hereby further amended by inserting after section 2RRRR the following section:-

Section 2SSSS. (a) There shall be a fund to be known as the Massachusetts Veterans and Warriors to Agriculture Program Fund. The fund shall be administered by the department of agricultural resources. Notwithstanding any general or special law to the contrary, there shall be credited to the fund any revenue from appropriations or other money authorized by the general court and specifically designated to be credited to the fund and any gifts, grants, private contributions or investment income earned by the fund’s assets and all other sources. No expenditure from the fund shall cause the fund to be in deficiency at the close of the fiscal year. Money in the fund at the end of the fiscal year shall not revert to the General Fund and shall be available for expenditure in the subsequent year and shall not be subject to section 5C of chapter 29.

(b) Funds may be expended to enhance the education, training, employment, income, productivity and retention of veterans currently working or aspiring to work in the field of agriculture in the commonwealth. The department of agricultural resources, in consultation with the department of veteran services, shall establish, develop and implement the Massachusetts Veterans and Warriors to Agriculture Program. Amounts credited to the fund shall be used, without further appropriation, for the costs associated with administering and implementing the program and may also be used to provide grants or loans on a competitive basis to public, private and charitable entities to finance projects in furtherance of the Massachusetts Veterans and Warriors to Agriculture Program. Expenditures from the fund for this purpose shall complement and not replace existing local, state, private or federal funding for related training and educational programs.

SECTION 126. Chapter 40 of the General Laws is hereby amended by inserting after section 8K the following section:-

Section 8L. (a) For the purposes of this section, the terms “farming” and “agriculture” shall have the same meaning as provided in section 1A of chapter 128.

(b) A city or town which accepts this section may establish a municipal agricultural commission to promote and develop the agricultural resources of the city or town. A municipal agricultural commission, unless otherwise restricted by law, may: (i) buy, hold, manage, license or lease land for agricultural purposes; (ii) educate the public on agricultural issues; (iii) advocate for farmers, farm businesses and farm interests; (iv) assist farmers in resolving municipal problems or conflicts related to farms; (v) seek to coordinate agricultural related activities with other governmental bodies or unofficial local groups or organizations that promote agriculture; (vi) receive grants, gifts, bequests or devises of personal or monetary property of any nature and interest in real property in accordance with this section; (vii) apply for, receive, expend and act on behalf of the municipality in connection with federal and state grants or programs or private grants related to local agriculture, with the approval of the mayor or city manager in a city or the board of selectmen in a town; and (viii) advertise, prepare, print and distribute books, maps, charts and pamphlets related to local agriculture that the municipal agricultural commission deems necessary for its work.

(c) A municipal agricultural commission may conduct research and prepare agriculture related plans, including a comprehensive local agricultural land plan which shall be, to the extent possible, consistent with any current town master plan and regional area plans. The plan shall show or identify: (i) agricultural land areas and facilities; (ii) matters which may be shown on a tract index under section 33 of chapter 184; (iii) acquisitions of interest in land under this section; (iv) municipal lands that are held as open space; (v) non-municipal land subject to legal requirements or restrictions to protect that land or use it for open space, conservation, recreation or agriculture; (vi) land that should be retained as a public necessity for agricultural use; and (vii) any other information that the commission determines to be relevant to local agricultural land use. The commission may amend the plan whenever necessary.

(d) The commission may appoint a chair, clerks, consultants and other employees and may contract for materials and services as it may require, subject to appropriation by the municipality.

(e) The municipal agricultural commission shall keep accurate records of its meetings and actions and shall file an annual report with the clerk of the municipality. The commission’s annual report shall be posted on the municipality’s public website and, in a town, shall be printed in the annual town report for that year.

(f) A municipal agricultural commission shall consist of not less than 3 nor more than 7 members who shall be residents of the municipality. A majority of members shall be farmers or employed in an agriculture related field. In the event that farmers or those employed in agriculture are unavailable to serve on the commission, then the commission shall include a majority of members with knowledge and experience in agricultural practices or knowledge of related agricultural business. Each member of the commission shall serve for a term of 3 years; provided, however, that the initial members appointed under this section shall serve for terms of 1, 2 or 3 years and the terms shall be arranged by the appointing authority so that the terms of approximately 1/3 of the commission’s members shall expire each year.

In a city, the members of the municipal agricultural commission shall be appointed by the mayor, unless otherwise provided by the city’s charter; provided, however, that in a city having a Plan D or Plan E charter, the appointments shall be made by the city manager, unless otherwise provided by the city’s charter. In a town, the members of the municipal agricultural commission shall be appointed after a public hearing by the board of selectmen; provided, however, that in a town having a manager form of government the appointments shall be made by the town manager subject to the approval of the board of selectmen.

A member of a municipal agricultural commission may be removed for cause by the appointing authority after a public hearing, if such hearing is requested by the member. A vacancy created by a member being removed for cause shall be filled by the appointing authority for the unexpired term in the same manner as the original appointment.

(g) A municipal agricultural commission may receive gifts, bequests or devises of personal property or interests in real property as described in this subsection in the name of the city or town, subject to the approval of the city council or board of selectmen. The municipal agricultural commission may purchase interests in the land only with funds available to the commission. A city council or a town meeting may raise or transfer funds so that the municipal agricultural commission may acquire in the name of the city or town by option, purchase, lease or otherwise the fee in the land or water rights, conservation or agricultural restrictions, easements or other contractual rights as may be necessary to acquire, maintain, improve, protect, limit the future use of or conserve and properly utilize open spaces in land and water areas within the city or town. The municipal agricultural commission shall manage and control the interests in land acquired under this subsection. The commission shall not take or obtain land by eminent domain.

The commission shall adopt rules and regulations governing the use of land and water under its control and prescribe civil penalties, not exceeding a fine of $100, for any violation thereof. 

(h) A municipality may appropriate money to an agricultural preservation fund of which the treasurer of the municipality shall be the custodian. The treasurer shall receive, deposit or invest the funds in savings banks, trust companies incorporated under the laws of the commonwealth, banking companies incorporated under the laws of the commonwealth which are members of the Federal Deposit Insurance Corporation or national banks or invest the funds in: (i) paid-up-shares and accounts of and in cooperative banks; (ii) shares of savings and loan associations; or (iii) shares of federal savings and loan associations doing business in the commonwealth.  Any income derived from deposits or investments under this subsection shall be credited to the fund. Money in said fund may be expended by the commission for any purpose authorized by this section.

SECTION 126A.  Section 15 of said chapter 40, as appearing in the 2014 Official Edition, is hereby amended by striking out, in line 4, the words “or right, or part thereof” and inserting in place thereof the following words:- right or  restriction, as defined in section 31 of chapter 184, or part of any such land, easement, right or restriction, held by a governmental body.

SECTION 127. Chapter 61A of the General Laws is hereby amended by striking out section 4, as so appearing, and inserting in place thereof the following section:-

Section 4. (a) For general property tax purposes, the value of land that is not less than 5 acres in area and is actively devoted to agricultural or horticultural or agricultural and horticultural uses during the tax year in issue, and has been so devoted for at least the 2 immediately preceding tax years, shall, upon application by the owner of the land and approval of that application, be the value of that land for agricultural or horticultural purposes.

(b) Land qualifying under subsection (a) shall include: (i) contiguous land under the same ownership that is not committed to residential, industrial or commercial use and which is covered by an application submitted pursuant to section 6; and (ii) noncontiguous land under the same ownership that is not committed to residential, industrial or commercial use and which is covered by an application submitted pursuant to said section 6 if that noncontiguous land is located within a ½ mile of any boundary of other land under the same ownership and it is utilized together with that other land for a unified agricultural, horticultural, agricultural and horticultural or economic purpose. Land shall be deemed contiguous if it is separated from other land under the same ownership by only a public or private way, waterway or an easement for water supply.

(c) The acreage of land, which is considered contiguous or non-contiguous for purposes of this chapter, shall not exceed 100 per cent of the acreage which is actively devoted to agricultural, horticultural or agricultural and horticultural uses.

(d) The rate of tax applicable to such agricultural or horticultural land shall be the rate determined to be applicable to class 3, commercial property under chapter 59.

SECTION 128. Said chapter 61A is hereby further amended by striking out sections 5 and 6, as so appearing, and inserting in place thereof the following 2 sections:-

Section 5. When land, including any contiguous and noncontiguous land, being used for agricultural, horticultural or agricultural and horticultural purposes is under 1 ownership and is located in more than 1 city or town, compliance with the 5 acre minimum area requirements of section 4 shall be determined on the basis of the entire area of the land and not on the basis of the land area which falls within the bounds of a particular city or town.

Section 6. The eligibility of land for valuation, assessment and taxation pursuant to section 4 shall be determined separately for each tax year. An application for eligibility shall be submitted to the board of assessors in the city or town in which the land is situated by not later than December 1 preceding each tax year for which the valuation, assessment and taxation are being sought.  The application may not be withdrawn after it is submitted. An application shall be made on a form prescribed by the commissioner of revenue and provided to applicants by the board of assessors. The form shall provide for the reporting of information pertinent to this chapter and of Article XCIX of the Articles of Amendment to the Constitution of the Commonwealth and for certification by the applicant that the applicant will immediately, but not later than December 1 of the following year, notify the board of assessors in writing of any subsequently developing circumstance within the applicant’s control or knowledge which may cause a change in use of the land covered by the form. An application submitted under this section for leased land shall be accompanied by a written statement of the lessee’s intent to use the land for the purposes in the application and shall be signed by the lessee. The landowner shall certify, in a manner prescribed by the commissioner, that under the penalties of perjury the information in the landowner’s application is true. If the application is allowed under section 9, then the classification of the land as actively devoted to agricultural, horticultural or agricultural and horticultural use shall take effect on January 1 preceding the beginning of the tax year to which the application relates and taxation under this chapter shall commence with that tax year.

SECTION 129. Section 7 of said chapter 61A, as so appearing, is hereby amended by striking out, in line 3, the words “October first and June thirtieth of the year” and inserting in place thereof the following words:- December 1 and June 30.

SECTION 130. Said chapter 61A, as so appearing, is hereby further amended by striking out section 8, as so appearing, and inserting in place thereof the following section:-

Section 8. Notwithstanding any provision of this chapter to the contrary, in any tax year for which a city or town has undertaken and completed a program of revaluation of all property in that city or town, applications by landowners for the valuation, assessment and taxation of their lands on the basis of being actively devoted to agricultural or horticultural or agricultural and horticultural use that are filed with the board of assessors by not later than the last day for filing an application for abatement of the tax assessed on the new valuation shall be deemed to have been timely made for the tax year of the revaluation program. If the application is approved and the lands qualify for valuation, assessment and taxation as lands actively devoted to agricultural, horticultural or agricultural and horticultural use in that tax year, then the portion of any tax assessed for that year which is in excess of the tax that would have been assessed on the lands, if the application had been timely made and approved, shall be abated.

SECTION 131. Section 14 of said chapter 61A, as so appearing, is hereby amended by striking out the eighteenth paragraph and inserting in place thereof the following paragraph:-

The assignment shall be for the purpose of maintaining not less than 70 per cent of the land in use as forest land as defined in section 1 of chapter 61, as agricultural and horticultural land as defined in sections 1 and 2 of this chapter or as recreational land as defined in section 1 of chapter 61B, and in no case shall the assignee develop a greater proportion of the land than was proposed by the developer whose offer gave rise to the assignment. All land other than land that is to be developed shall then be bound by a permanent deed restriction that meets the requirements of chapter 184.

SECTION 132. Chapter 61B of the General Laws is hereby amended by striking out section 3, as so appearing, and inserting in place thereof the following section:-

Section 3. The eligibility of land for valuation, assessment and taxation under this chapter shall be determined separately for each tax year. An application for eligibility shall be submitted to the board of assessors in the city or town in which the land is situated by not later than December 1 preceding each tax year for which the valuation, assessment and taxation is being sought. The application shall be made on a form prescribed by the commissioner of revenue and provided to applicants by the board of assessors. The form shall provide for the reporting of information pertinent to this chapter and for certification by the applicant that the applicant will immediately, but not later than the December 1 of the following year, notify the board of assessors in writing of any subsequent circumstance within the applicant’s control or knowledge which may cause a change in use of the land covered by the form. An application submitted under this section for leased land shall be accompanied by a written statement of the lessee’s intent to use the land for the purposes in the application and shall be signed by the lessee. The landowner shall certify, in a manner prescribed by the commissioner, that under the penalties of perjury the information in the landowner’s application is true. If the application is allowed under section 6, then the classification of the land as recreational land shall take effect on January 1 preceding the beginning of the tax year to which the application relates and taxation under this chapter shall commence with that tax year.

SECTION 133. Section 4 of said chapter 61B, as so appearing, is hereby amended by striking out, in lines 2 and 3, the words “October first and June thirtieth of the year” and inserting in place thereof the following words:- December 1 and June 30.

SECTION 134. Said chapter 61B is hereby further amended by striking out section 5, as so appearing, and inserting in place thereof the following section:-

Section 5. Notwithstanding any provision of this chapter to the contrary, in any tax year for which a city or town has undertaken and completed a program of revaluation of all property in that city or town, applications by landowners for the valuation, assessment and taxation of their lands on the basis of being maintained in recreational use that are filed with the board of assessors by not later than the last day for filing an application for abatement of the tax assessed on the new valuation shall be deemed to have been timely made for the tax year of the revaluation program. If the application is approved and the lands qualify for valuation, assessment and taxation as lands actively devoted to agricultural, horticultural or agricultural and horticultural use in that tax year, then the portion of any tax assessed for that year which is in excess of the tax which would have been assessed on the lands, if the application been timely made and approved, shall be abated.             

SECTION 135. Section 6 of said chapter 61B, as so appearing, is hereby amended by striking out, in line 13, the words “a disallowance”, and inserting in place thereof the following words:- an allowance.

SECTION 136. Section 9 of said chapter 61B, as so appearing, is hereby amended by striking out the eighteenth paragraph and inserting in place thereof the following paragraph:-

The assignment shall be for the purpose of maintaining not less than 70 per cent of the land in use as forest land as defined in section 1 of chapter 61, as agricultural and horticultural land as described in sections 1 and 2 of chapter 61A or as recreation land as described in section 1 of this chapter and the assignee shall not develop a greater proportion of the land than was proposed by the developer whose offer gave rise to the assignment. All land other than land that is to be developed shall then be bound by a permanent deed restriction that meets the requirements of chapter 184.

SECTION 137. Chapter 94 of the General Laws is hereby amended by inserting after section 13E the following section:-

Section 13F. (a) A dairy farmer manufacturing raw milk for human consumption shall be licensed under section 16A of chapter 94 and section 5 of chapter 94A.  A licensed raw milk farmer may deliver raw milk directly to a consumer, off-site from the farm, if the raw milk farmer has a direct, contractual relationship with the consumer. The raw milk farmer may contract with a third party for such delivery; provided, however, that the raw milk farmer shall maintain the contractual relationship with the consumer. The raw milk farmer may deliver raw milk through a community supported agriculture, or CSA, delivery system; provided, however, that the raw milk farmer shall maintain a contractual relationship with the consumer. Delivery may be made directly to the consumer’s residence or to a pre-established receiving site.  A receiving site shall not be in a retail setting with the exception of a CSA delivery. In such instances, raw milk shall be kept separate from retail items for sale and shall not be accessible to the general public.

(b) A raw milk farmer may sell raw milk from the farmer’s farm stands even if not contiguous to the farmer’s raw milk dairy; provided however, the farmer shall comply with section 3 of chapter 40A .

(c) The department of agricultural resources and the department of public health, acting jointly, shall adopt and promulgate rules and regulations governing the handling, packaging, storage, testing and transportation of raw milk; provided, however, that any delivery vehicle transporting raw milk shall comply with the inspection requirements set forth in sections 33, 35 and 40. 

(d) The label on any raw milk sold pursuant to this section shall contain: (i) the identity of the farm where the raw milk was packaged, including the licensee’s name, address and license number; and (ii) the following warning: “Raw milk is not pasteurized.  Pasteurization destroys organisms that may be harmful to health.”

SECTION 137A. Section 31 of chapter 111 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after the first paragraph the following paragraph:-

In a city or town with a municipal agricultural commission, as defined in section 8L of chapter 40, the board of health in that city or town shall, during the publication period, solicit and consider comments submitted by the municipal agricultural commission on regulations that have an impact on farming or agriculture as defined in section 1A of chapter 128.

SECTION 137B. Section 1 of chapter 128, as appearing in the 2014 Official Edition, is hereby amended by inserting after the definition of “Nursery stock” the following 2 definitions:-

“Recyclable paper bag”, a paper bag that is 100 per cent recyclable and has the words “Recyclable” and “Reusable” in a clearly visible manner on the outside of the bag.

“Reusable Bag”, a bag with handles that is specifically designed and manufactured to be used multiple times and is made of cloth, industrial vinyl or other machine washable fabric suitable to be used at least 125 times.

SECTION 137C. Said section 1 of said chapter 128, as so appearing, is hereby further amended by inserting after the definition of “Riding school operator” the following definition:-

“Single-use plastic carryout bag”, a non-reusable bag made of plastic that is provided to a customer by a store at the point of sale.

SECTION 138. Section 1A of said chapter 128, as so appearing, is hereby amended by adding the following definition:-

“Farmers’ market”, a building, structure or market that is used by 2 or more farmers for the direct sale of food crops and other farm related or locally hand crafted items to the public that operates or occurs more than once per year for the primary purpose of promoting goods produced in the commonwealth; provided, however, that the origin of all products is clearly identified.

SECTION 138A.  Said chapter 128 is hereby further amended by inserting after section 1A the following section:-

Section 1B. A vendor at a farmers’ market shall not provide a single-use plastic carryout bag to a customer at the point of sale; provided, however, that a plastic bag without handles that is used to protect items from damage or from damaging or contaminating other purchased items or to contain an unwrapped food item may be distributed to a customer by a vendor at the point of sale.

Recyclable paper bags shall be provided without cost to customers upon request and reusable bags may be offered for sale or provided without cost to customers, subject to regulations by the department.

SECTION 138B. Section 2 of said chapter 128, as appearing in the 2014 Official Edition, is hereby amended by adding the following subsection:-

(l) Promulgate regulations on product signage at farmers’ markets to identify the producer or source of each product including if the product was grown, raised or made exclusively by the vendor and if the product was grown, raised or made exclusively in the commonwealth.  The commissioner may develop enforcement mechanisms to ensure compliance with this subsection.

SECTION 139. Section 46 of chapter 132 of the General Laws, as so appearing, is hereby amended by striking out, in lines 12 and 13, the words “on June thirtieth of each year” and inserting in place thereof the following words:-  3 years after the date the license was issued to the timber harvester.

SECTION 140. Section 49 of said chapter 132, as so appearing, is hereby amended by striking out, in line 8, the words "annually on the anniversary date of the license granted for said" and inserting in place thereof the following words:-  3 years after the date the license was issued to the.

SECTION 141. Section 50 of said chapter 132, as so appearing, is hereby amended by striking out, in lines 7 and 8, the words “Massachusetts Association of Professional Foresters” and inserting in place thereof the following words:- Massachusetts Forest Alliance Limited.

SECTION 142. Chapter 132A of the General Laws is hereby amended by inserting after section 2D the following 2 sections:-

Section 2E. (a)  The commissioner of conservation and recreation shall develop a program to promote the use of designated land in state-owned parks and reservations throughout the commonwealth for community gardens. Lands so designated shall be restricted to noncommercial, horticultural uses of growing and harvesting food crops by residents of local communities. 

Community gardens shall be established as authorized by the commissioner, in open spaces that are suitable for noncommercial gardening activities accessible to the public. Improvements to community garden lands shall, to the extent practicable, preserve the natural state of the park and reservation areas.   

Under the program, specific planting areas available within designated community garden sites shall be allotted for personal use on a seasonal basis by permits issued to qualifying residents of the community.

The department shall evaluate, identify and map community garden lands and post relevant information about the sites and any potential sites on the department’s public website.

(b) The commissioner may license cities and towns to establish, improve, maintain, operate and access local community gardens on designated department land.  The licenses shall be granted upon such terms, restrictions and agreements and for such period of years, not exceeding 10 years, as the commissioner deems appropriate; provided, however, that the land licensed shall be utilized for the department’s community garden program and such use shall be consistent with the applicable rules and regulations of the department; and provided further, that under any such license, a city or town may be responsible for the costs and expenses, or portion thereof, to establish, improve, maintain and operate community gardens.

A city or town applying for a license to use department lands under the community garden program shall submit a plan related to such use and the plan shall be subject to approval by the commissioner.

(c) The commissioner may license qualified nonprofit organizations to establish, improve, maintain, operate and access community gardens on designated department land. The licenses shall be granted upon such terms, restrictions and agreements and for such period of years, not exceeding 5 years, as the commissioner deems appropriate; provided, however, that the land shall be used for the department’s community garden program and such use shall be consistent with the applicable rules and regulations of the department. Licenses shall be granted based on a competitive application and proposal process.  A license shall not be granted to a nonprofit organization for designated land unless the commissioner has first provided the city or town where the available land is located with the option to be granted a license for such community garden site.   

(d)  Cities and towns and nonprofit organizations, as part of the terms of such licenses, shall abide by the rules and regulations adopted by the department relating to the use and operation of community garden lands.  

Licenses granted for community garden lands under this section shall be revocable at any time by the commissioner for the failure of a recipient city or town or nonprofit organizations to comply with the license terms, restrictions and agreements.

The granting of a license under this section shall not be construed to confer on the city or the nonprofit organization any title, right to acquire title or ownership interest in licensed lands. This subsection shall not prohibit the commissioner from leasing such lands to municipalities or qualified nonprofit organizations under applicable law for the purposes of the community garden program.

(e) The department or its employees shall not be liable for injuries or death to persons, or damage to property, resulting from any conduct related to the operation and use of community gardens on department lands in the absence of willful, wanton or reckless conduct on the part of the department or any of its employees if the community garden where the injury or death occurred is enclosed by suitable fencing of not less than 4 feet in height and conspicuous signage warning of the limitation of liability is posted on or near the fence at garden entryways.

(f) The department shall adopt rules and regulations related to the establishment, use and operation of community gardens under the department’s community garden program. 

Section 2F. The commissioner of conservation and recreation shall develop a program to promote the seasonal use of areas in state-owned parks and reservations for farmers’ markets as defined in section 1A of chapter 128.  The farmers’ market shall promote food and other agricultural products that are grown, raised or produced on farms in the commonwealth.

The temporary establishment of a farmers’ market as approved by the commissioner shall be at suitable land and parking areas accessible by the public and at appropriate times during daylight hours. Under the program, the commissioner may issue special seasonal permits to farmer vendors, which shall be restricted to specific approved public market sites and times, and shall be upon such terms and conditions as the commissioner may deem appropriate. As a condition of the issuance of a permit, a farmer vendor shall be required to comply with any laws and regulations applicable to the vending of food and agricultural products at the farmers’ market. A farmer vendor shall not engage in the preparation or sale of value-added agriculture products or food without a license and inspection by the local board of health pursuant to state and federal food safety regulations.

Special permits issued by the commissioner shall be based on a competitive application and proposal process and shall be subject to revocation by the commissioner at any time.

The commissioner, in consultation with the commissioner of agricultural resources, shall adopt rules and regulations for conducting farmers’ markets.

Farmers’ markets allowed pursuant to this section shall not be subject to the commercial limitations in section 2B.

SECTION 143. Chapter 138 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out section 15F and inserting in place thereof the following section:-

Section 15F. Notwithstanding any other provision of this chapter, in any city or town wherein the granting of licenses to sell wines and malt beverages is authorized under this chapter, the local licensing authority may issue to an applicant authorized to operate a farmer-winery under section 19B a special license for the sale of wine produced by or for the licensee or to an applicant authorized to operate a farmer-brewery under section 19C a special license for the sale of malt beverages produced by or for the licensee and, in any city or town wherein the granting of licenses to sell all alcoholic beverages is authorized under this chapter, the local licensing authority may issue to an applicant authorized to operate a farmer-distillery under section 19E a special license for the sale of distilled spirits produced by or for the licensee, in sealed containers, for off-premises consumption at an indoor or outdoor agricultural event. 

All sales of alcoholic beverages shall be conducted by the licensee or by an agent, representative or solicitor of the licensee to customers who are at least 21 years of age. A licensee under this section may provide, without charge, samples of its alcoholic beverages to prospective customers at an indoor or outdoor agricultural event. All samples shall be served by the licensee or by an agent, representative or solicitor of the licensee to individuals who are at least 21 years of age and all samples shall be consumed in the presence of such licensee or in the presence of an agent, representative or solicitor of the licensee; provided, however, that no sample of wine shall exceed 1 ounce, no sample of malt beverages shall exceed 2 ounces and no sample of distilled spirits shall exceed 1/4 ounce; and provided further that not more than 5 samples shall be served to an individual prospective customer. For the purposes of this section, “agricultural event” shall be limited to those events certified by the department of agricultural resources as set forth in this section.

An applicant for a special license under this section shall first submit a plan to the department of agricultural resources that shall demonstrate that the event is an agricultural event. The plan shall include a description of the event, the date, time and location of the event, a copy of the operational guidelines or rules for the event, written proof that the prospective licensee has been approved as a vendor at the event, including the name and contact information of the on-site manager, and a plan depicting the premises and the specific location where the license shall be exercised.

Upon review of the plan, the department may certify that the event is an agricultural event; provided, however, that in making that determination, the department shall consider the following factors: (i) operation as a farmers' market or agricultural fair approved or inspected by the department; (ii) frequency and regularity of the event, including dates, times and locations; (iii) number of vendors; (iv) terms of vendor agreements; (v) presence of an on-site manager; (vi) training of the on-site manager; (vii) operational guidelines or rules which shall include vendor eligibility and produce source; (viii) focus of event on local agricultural products grown or produced within the market area; (ix) types of shows or exhibits, including those described in subsection (f) of section 2 of chapter 128; and (x) sponsorship or operation by an agricultural or horticultural society organized under the laws of the commonwealth, or by a local grange organization or association which has a primary purpose of promoting agriculture and its allied industries. The department of agricultural resources may promulgate rules and regulations necessary for the operation, oversight, approval and inspection of agricultural events under this section.

An applicant for a special license under this section shall file with the local licensing authority along with its application proof of certification from the department of agricultural resources that the event is an agricultural event. A special license under this section shall designate the specific premises and the dates and times covered. A special license may be granted for an indoor or outdoor agricultural event which takes place on multiple dates or times during a single calendar year but no special license shall be granted for an agricultural event that will not take place within 1 calendar year. The special license shall be conspicuously displayed at the licensed premises. A copy of a special license granted by the local licensing authority shall be submitted by the authority to the commission at least 7 days before the date the agricultural event is first scheduled to begin. The local licensing authority may charge a fee for each special license granted but such fee shall not exceed $50. A special license granted under this section shall be nontransferable to any other person, corporation or organization and shall be clearly marked “nontransferable” on its face.

The commission may promulgate rules and regulations as it deems appropriate to effectuate this section.

A special license under this section may be granted by the local licensing authorities for a portion of premises that are licensed under section 12; provided, however, that: (i) the holder of the special license shall document the legal basis for use of the section 12 licensed premises; (ii) the area in which the special license is to be approved shall be physically delineated from the area remaining under the control of the section 12 license holder; (iii) the holder of the special license shall be solely liable for all activities that arise out of the special license; and (iv) the holder of the special license shall not pay any consideration, directly or indirectly, to the section 12 license holder for the access to or use of the section 12 licensee's premises.

SECTION 144.  Section 7B of chapter 242 of the General Laws, as so appearing, is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:-

(a)  Any person who: (i) operates an off-highway or recreational vehicle in a manner that damages or destroys a field crop product or agricultural property situated on the land of another; or (ii) without the permission of the owner, willfully and intentionally removes, damages or destroys a field crop product or property used primarily for agricultural purposes situated on the land of another shall be liable to the owner of such product or property in tort.

SECTION 145. Said section 7B of said chapter 242, as so appearing, is hereby further amended by striking out, in line 25, the words “Section 1A of chapter 128” and inserting in place thereof the following words:-  section 1A of chapter 128 or any forest product produced on land under a certified forest management plan.

SECTION 146. Said section 7B of said chapter 242, as so appearing, is hereby further amended by inserting after the word “structure”, in line 27, the following words:-  or device.             

SECTION 147. (a) Notwithstanding any general or special law to the contrary, the board of state examiners of plumbers and gas fitters shall conduct a review of the rules and regulations of the Uniform State Plumbing Code under 248 CMR 10.00 to consider amending the code, to provide separate regulatory provisions specific to buildings and operations related to farming as defined in section 1A of chapter 128 of the General Laws. Amendments to the code adopted by the board pursuant to this act shall be consistent with subsection (c). 

(b) There shall be established an advisory committee to make recommendations to the board of state examiners of plumbers and gas fitters for amendments to the Uniform State Plumbing Code under 248 CMR 10.00 to adopt separate regulatory provisions specific to buildings and operations related to farming. The advisory committee shall consist of: the chairperson of the board of state examiners of plumbers and gas fitters, or designee, who shall serve as a co-chair of the advisory committee; the commissioner of agricultural resources, or designee, who shall serve as a co-chair of the advisory committee; the commissioner of public health or designee;  the chair of the Northeast Regional Coalition of the International Code Council or designee; 1 person shall be appointed by the governor who shall be employed as a municipal plumbing inspector for at least 10 years and who has no other financial interest related to the plumbing business; and 2 person to be appointed by the commissioner of agricultural resources, of whom 1 shall be a farmer and a member of the Massachusetts Farm Bureau Federation and 1 shall be an organic farmer and a member of the Northeast Organic Farming Association/Massachusetts Chapter.

Recommendations by the advisory committee to amend the code shall be based on standards that: (i) protect the public’s health and safety; (ii) preserve the environment; (iii) provide alternative plumbing practices and methods which are reasonable, suitable and effective for farming buildings and operations; and (iv) promote farming development by reducing requirements that are unnecessarily excessive or costly, to achieve intended purposes in farming applications. The advisory committee, as a part of such recommendations, shall provide proposals for specific amendments to the code.   

The advisory committee shall submit its written recommendations to the board for review within 12 months after the effective date of this act. A copy of the recommendations shall be submitted to the senate and house chairs of the joint committee of environment, natural resources and agriculture.

(c) Within 6 months after the board receives the advisory committee’s recommendations, the board shall complete its review of the code and any recommendations. Determinations by the board to amend the code to adopt separate provisions specific to farming buildings and operations shall take into consideration the recommendations of the advisory committee. If the board decides to amend the regulations under the code, it shall, within 30 days of completing its review, provide notice under sections 2 and 3 of chapter 30A.

If the board rejects, in whole or part, the recommendations of the advisory committee, the board shall submit a report within 30 days after completing its review.  The report shall detail the specific reasons for rejecting the advisory committee’s recommendations to the senate and house chairs of the joint committee of environment, natural resources and agriculture.

SECTION 148. (a) Notwithstanding any general or special law to the contrary, the secretary of energy and environmental affairs, in consultation with the farmland protection and viability advisory commission established into subsection (b), shall develop a farmland action plan. The plan shall set forth the commonwealth’s goals, priorities and recommended actions for farmland protection and access to reflect the importance of farmlands of the commonwealth to its citizens who derive their livelihoods from farming and the importance of protected farmland for ecosystem health and biodiversity.

The plan shall include, but not be limited to: (i) an inventory of state land in active agricultural production or that is potentially suitable for farming; (ii) a review of state agency policies related to the use or lease of land for farming and recommendations related to state policies for the use and lease of state-owned land for farming; (iii) an analysis of recent trends and potential threats related to farmland loss and conversion and its recommendations, including resources necessary to improve state data collection for farmland trends and to establish a system for tracking acres of farmland in production over time; (iv) recommended statutory, regulatory or policy revisions to the agricultural preservation restriction program to support the long-term economic viability of protected farms, to address housing needs and to ensure the program is managed in a transparent and consistent manner and with policies that keep pace with changes in agriculture and associated markets; (v) an analysis of farmland enrolled in a program under chapter 61A of the General Laws and recommendations for improving enrollment of farmland in the program; and (vi) measurable statewide goals and benchmarks related to farmland conversion, farmland protection and farmland access and recommendations for state policy changes and program funding levels to meet these goals and benchmarks. The plan may include maps, illustrations and other media and shall be based on best available science and best management practices.

(b) There shall be a farmland protection and viability advisory commission to assist the secretary in developing the farmland action plan. The commission shall consist of: 2 members of the senate or a designee, 1 of whom shall be appointed by the minority leader; 2 members of the house of representatives or a designee, 1 of whom shall be appointed by the minority leader; 1 member of the board of food and agriculture, as elected by the board of food and agriculture for this purpose who shall chair the commission; the commissioner of agricultural resources or a designee; a representative of the Center for Agriculture, Food and the Environment at the University of Massachusetts at Amherst; a representative of the Massachusetts Farm Bureau Federation; a representative of The Trustees of Reservations; a representative of the American Farmland Trust; and 3 persons to be appointed by the governor, 1 of whom shall be a farmer, 1 of whom shall be a representative of an urban agriculture organization and 1 of whom shall be a representative of a farmland access organization. 

The advisory commission shall meet at least quarterly and otherwise at the discretion of the chair. The commission shall make recommendations to the secretary for the proper management and development of the farmland action plan. The secretary shall consider the recommendations of the commission.

(c) The farmland action plan shall be delivered to the joint committee on environment, natural resources and agriculture not later than December 31, 2017. The executive office of energy and environmental affairs and the department of agricultural resources shall provide technical support to the commission.

(d) The secretary shall develop and implement a public outreach and information program to provide information to the public regarding the farmland action plan.

SECTION 149.  Notwithstanding any general or special law to the contrary, the state board of building regulations and standards shall amend the state building code to include rain sensor devices for newly-installed or renovated residential outdoor landscape sprinkler systems.

SECTION 149A. There shall be an advisory committee to study methods to encourage development of domestic farms as well as the production and use of locally grown ingredients for wine, beer and spirits. The committee shall consist of 1 representative of the Massachusetts Brewers Guild, Inc.; 1 representative of the alcoholic beverages control commission; the commissioner of agricultural resources or a designee, who shall serve as chair of the advisory committee; the house and senate chairs of the joint committee on environment, natural resources and agriculture or their designees; the house and senate chairs of the joint committee on consumer protection and professional licensure or their designees; the minority leader of the senate or a designee; the minority leader of the house of representatives or a designee; a representative of the Massachusetts Farm Bureau Federation, Incorporated; a representative of the Federation of Massachusetts Farmers Markets; and 4 persons to be appointed by the governor, 2 of whom shall be representatives of licensed farmer-breweries, 1 of whom shall be a representative of a licensed farmer-winery and 1 of whom shall be a representative of a licensed farmer-distillery. The advisory committee shall make recommendations to the general court including, but not be limited to, standard requirements or goals for farmer-wineries, farmer-breweries and farmer-distilleries related to the growth of locally grown ingredients and the amount of barrel production. The advisory committee shall conduct a comprehensive review and evaluation of the production of ingredients and the ingredients used by existing farmer-wineries, farmer-breweries and farmer-distilleries. The advisory committee shall submit its findings and recommendations to the clerks of the senate and the house of representatives, the alcoholic beverages control commission and the executive office of energy and environmental affairs by not later than March 1, 2017.

SECTION 149B.  The department of agricultural resources, in collaboration with The Center for Agriculture, Food and the Environment at the University of Massachusetts  at Amherst, shall conduct a cost-benefit analysis on the effects of adding hydroponic and aquaponic farming methods to the definition of “farming” or “agriculture” under section 1A of chapter 128 of the General Laws. The department shall submit a final report that includes the results of its  cost-benefit analysis and the department’s recommendations, if any, to the clerks of the senate and house of representatives and the joint committee on environment, natural resources and agriculture by not later than December 31, 2016.

SECTION 149C. (a) There shall be a special commission established pursuant to section 2A of chapter 4 to investigate and study methods and solutions to protect and promote pollinators’ health. The commission shall consist of: 1 member of the senate; 1 member of the house of representatives; 1 member of the senate appointed by the minority leader of the senate; 1 member of the house of representatives appointed by the minority leader of the house of representatives; the secretary of energy and environmental affairs or a designee, who shall serve as chair; 6 people to be appointed by the governor, 1 of whom shall be a University of Massachusetts faculty member specializing in the science of pollinator health, 1 of whom shall represent an advocacy group for farmers, 1 of whom shall represent an advocacy group for organic farmers, 1 of whom shall represent an advocacy group for cranberry producers, 1 of whom shall be a commercial beekeeper, 1 of whom shall be a representative of the University of Massachusetts Extension with knowledge in crops which rely on pollinators and pollinator health; and 6 people to be appointed by the attorney general,1 of whom is certified as a master gardener representing the public, 1 of whom shall represent an advocacy group dedicated to the protection of pollinators and invertebrates, 2 of whom shall be beekeepers representing the county beekeeping associations, 1 of whom shall represent an advocacy group for nurseries and 1 of whom shall represent an advocacy group dedicated to environmental protection.

(b) The special commission shall examine issues relevant to pollinator health, including: (i) studying current regulations in the commonwealth and other states and countries related to pollinators and pollinator health; (ii) studying public education and outreach plans regarding pollinator health that have been successful in other states; (iii) evaluating the current apiary inspection program with specific focus on parasitic diseases; (iv) identifying adequacy of funding for efforts to promote or protect pollinator health; (v) investigating other methods to increase and strengthen pollinator vitality including proposed changes in law or regulation; (vi) investigating the means used by other states to gather data on populations of pollinators; (vii) evaluating existing best management practices for promoting pollinator health including, but not limited to, foraging and proper food source diversity; (viii) evaluating proposed pollinator protection plans; and (ix) studying the use of nonagricultural lands and how those lands may be used to provide pollinator forage and unique opportunities to increase pollinator populations.

(c) The special commission may take actions necessary and proper to carry out the work of the commission including, but not limited to, scheduling hearings and taking testimony on matters related to pollinator health.

(d) The special commission shall defer to the pesticide board on matters regarding the regulation, review and use of pesticides under chapter 132B, including, but not limited to the regulation, review or use of neonicotinoids.

(e) No later than June 30, 2017, the special commission shall submit a report to the clerks of the senate and house of representatives and to the joint committee on environment, natural resources and agriculture detailing the results of its investigation and study and provide recommendations, together with drafts of legislation.

SECTION 150. A municipal agricultural commission duly formed prior to the effective date of this act shall have the authority as provided in section 8L of chapter 40 of the General Laws without further action to accept said section 8L of said chapter 40.

SECTION 151.  Sections 127 to 136, inclusive, shall be effective for tax years beginning on or after January 1, 2017.

SECTION 152. The regulations required to be promulgated pursuant to sections 137, 142 and 149 shall be completed not later than 270 days after the effective date of this act.

SECTION 153.  Sections 137B, 137C and 138A shall take effect on May 1, 2017.