SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2520

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-First General Court
(2019-2020)

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SENATE, February 6, 2020.

The committee on Senate Ways and Means to whom was referred the Senate Bill to modernize certain provisions of the agricultural preservation restriction program (Senate, No. 527), - reports, recommending that the same ought to pass with an amendment substituting a new draft with the same title (Senate, No. 2520).

For the committee,

Michael J. Rodrigues

        FILED ON: 2/6/2020

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2520

The Commonwealth of Massachusetts

_______________

In the One Hundred and Ninety-First General Court
(2019-2020)

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An Act to modernize certain provisions of the agricultural preservation restriction program.

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. Section 23 of chapter 20 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out, in line 84, the words “a maximum of 5 years duration” and inserting in place thereof the following words:- a period of at least 1 year.

SECTION 2. Subsection (b) of said section 23 of said chapter 20, as so appearing, is hereby amended by adding the following 3 sentences:- Notwithstanding the foregoing, the department may approve a special permit for a trial period of 1 year to evaluate a proposal for nonagricultural activities. If a special permit is issued to a permit holder for a 1-year trial period under this subsection, the department shall notify the permit holder of the department’s decision to renew, revoke or amend the permit within 1 year of the date of issuance. If the department fails to notify the permit holder within 1 year of the date of issuance of a special permit of its decision to renew, revoke or amend the special permit, the special permit shall automatically be renewed for a period of 5 years.

SECTION 3. Said section 23 of said chapter 20, as so appearing, is hereby further amended by striking out, in line 112, the words “for a special permit authorized in subsection (b)” and inserting in place thereof the following words:- any landowner of land subject to an agricultural preservation restriction who is subject to and aggrieved by a decision of the department relative to a special permit authorized under subsection (b), including a decision regarding the renewal, revocation, amendment to or length of a special permit.