HOUSE  .  .  .  .  .  .  .  .  No. 4290

The Commonwealth of Massachusetts

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HOUSE OF REPRESENTATIVES, January 29, 2024.

The committee on Agriculture to whom was referred the petition (accompanied by bill, House, No. 98) of Paul A. Schmid, III and James C. Arena-DeRosa relative to the impact of proposed rules and regulations on commercial agricultural operations, reports recommending that the accompanying bill (House, No. 4290) ought to pass.

For the committee,

PAUL A. SCHMID III.

        FILED ON: 1/23/2024

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4290

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act protecting the viability of farms in the Commonwealth.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1.  Chapter 30A of the General Laws, is hereby amended by adding at the end thereof the following:-

Section 26.

(1) Definitions. As used in this section, the following words shall have the following meanings, unless the context clearly requires otherwise.

“Agricultural” as defined in section 1A of Chapter 128.

“Land in agricultural use” as defined in Section 1 of Chapter 61A.

“Land in horticultural use” as defined in Section 2 of Chapter 61A.

(2) The department of environmental protection, the department of energy resources, the department of conservation and recreation, the department of fish and game, the department of public health and the department of revenue, shall, before any rule, regulation or other regulatory requirement is promulgated, make public and post in writing whether such rule, regulation or other regulatory requirement will potentially have an adverse impact on commercial agricultural operations in the commonwealth. Further, if such rule, regulation or other regulatory requirement is determined to have such a potential impact on agriculture, the responsible department, in conjunction with the department of agricultural resources, shall conduct an impact assessment to determine the extent of such impact, including, but not limited to, the effect on future land use and related environmental impacts, including costs, and submit to the joint committee on agriculture and to the house and senate committees on ways and means a copy of their findings at least forty-five days prior to promulgation.

All select boards, boards of selectmen, town councils and city councils, shall, before enacting any rule, regulation, law, bylaw, ordinance or other regulatory requirement that will potentially have an adverse impact on commercial agricultural operations in the commonwealth, complete a form prescribed by the department of agricultural resources at least ninety days prior to final enactment of the regulatory requirement. This completed form shall be made available to the public. In the case of by-laws, ordinances and other requirements subject to review by the attorney general, such form shall be submitted to the department of agricultural resources on the same date a by-law, ordinance or other requirement is submitted to the attorney general. No regulatory action described in this section, except those of an emergency nature expiring in six months or less for the purposes of protecting health and safety of persons, shall take effect prior to compliance with the provisions of this section.          

If the impact assessment determines that such proposed rule, regulation or other regulatory requirement may result in the loss of land in agricultural or horticultural use or will have a negative impact greater than or equal to $500 per year or 20 hours per year in labor costs, a copy of these findings shall be submitted to the board of agriculture for public comment to mitigate such cost or negative impact. Their findings shall be returned to the joint committee on agriculture and to the house and senate committees on ways and means at least 15 days prior to promulgation.