Amendment ID: S2856-32-R1
Redraft Amendment 32
Economic Development Through Agricultural Preservation
Ms. Comerford, Ms. Rausch, Mr. Gomez, Ms. Edwards, Ms. Kennedy and Messrs. Brady, Moore, O'Connor, Payano, Tarr, Pacheco and Fattman move that the proposed new text be amended by inserting after section 9 the following 3 sections:-
“SECTION 9A. Section 23 of chapter 20 of the General Laws, as so appearing is hereby amended by striking out subsection (b) and inserting in place thereof the following subsection:-
(b)(1) Notwithstanding any general or special law to the contrary, the department of agricultural resources, with the approval of the co-holder, if any, in its sole discretion, may grant to any owner of land subject to an agricultural preservation restriction held by the commonwealth a nonassignable special permit allowing nonagricultural activities to occur on land restricted for agricultural purposes if: (i) the land is being actively utilized for full-time commercial agriculture; (ii) the permit is for a period of not less than 1 year which may, at the discretion of the department, be renewed; and (iii) the grant of a special permit will not defeat or derogate from the intent and purposes of retaining the land for agricultural use and preserving the natural agricultural resources of the commonwealth and that the agricultural preservation restriction owner meets all requirements pertaining to special permits contained in the agricultural preservation restriction agreement form utilized by the commonwealth at the time of application for the special permit. In making the determination, the department shall consider the long-term productivity of the agricultural resource and the sustainability of the farm enterprise.
(2) Notwithstanding paragraph (1), 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 the department shall notify the special permit holder not later than 90 days before the end of the 1-year trial period of the department’s decision to renew, revoke or amend the permit. If the department fails to notify the special permit holder 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 9B. Said section 23 of said chapter 20, as so appearing, is hereby further amended by striking out, in line 98, 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 aggrieved by a decision of the department relative to a special permit authorized pursuant to subsection (b).
SECTION 9C. Said chapter 20 is hereby further amended by adding the following section:-
Section 33. Notwithstanding any general or special law to the contrary, the secretary of energy and environmental affairs shall establish a program to acquire by purchase, gift, lease, eminent domain, or otherwise lands and waters and easements therein to protect and conserve land for the purpose of furthering the department’s mission, including, but not limited to, retaining land in agricultural or horticultural use as defined by section 1A of chapter 128 and providing affordable and equitable access to agricultural and horticultural lands.
The commissioner may, from funds appropriated to carry out this section or from funds received from other sources, compensate a landowner for the acquisition of real estate in such amount as is determined by the commissioner to be equitable in consideration of anticipated benefits from such acquisition in accordance with land acquisition regulations of the department. The commissioner may use departmental funds to create, replace, and maintain appropriate infrastructure and improvements that the department deems consistent with the goals of this section and the department’s mission.
The department may lease, license, or otherwise manage these lands as it sees fit in its sole discretion to best carry out this section and the department’s mission and goals.
Acquisition of land or water under this section shall not guarantee any public access unless otherwise agreed to by the department.
The department may promulgate rules and regulations relative to the rights, privileges and use of lands, waters, real estate interests and associated improvements acquired and maintained hereunder.
The department may dispose of such real estate as permitted under section 5A of chapter 3 or through the sale to a qualified farmer or beginning farmer in conjunction with permanent protection of the real estate interest such as through an agricultural preservation restriction to the commonwealth or other qualified conservation entity.”; and
by inserting after section 104 the following section:-
“SECTION 104A. Chapter 61A of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out section 2 and inserting in place thereof the following section:-
Section 2. Land shall be considered to be in horticultural use when primarily and directly used in raising fruits, vegetables, berries, nuts and other foods for human consumption, feed for animals, tobacco, flower, sod, trees, nursery or greenhouse products, and ornamental plants and shrubs for the purpose of selling these products or a product derived from such plants in the regular course of business; or when primarily and directly used in raising forest products under a certified forest management plan, approved by and subject to procedures established by the state forester, designed to improve the quantity and quality of a continuous crop for the purpose of selling these products in the regular course of business; or when primarily and directly used in a related manner which is incidental to those uses and represents a customary and necessary use in raising these products and preparing them for market or the products derived therefrom for market.”; and
by inserting after section 160 the following section:-
“SECTION 160A. (a) There shall be a special legislative commission to study and develop recommendations for supporting investments, policies and practices designed to promote equity in agriculture for socially disadvantaged groups in the commonwealth that have been historically excluded or have had less access to resources and opportunities in agriculture.
(b) The commission shall consist of: the commissioner of agricultural resources, or a designee, who shall serve as chair; the chairs of the joint committee on agriculture; 1 member appointed by the Massachusetts Black and Latino legislative caucus; 1 member appointed by the Massachusetts House Asian caucus; 2 members appointed by the Massachusetts food system caucus; 2 members appointed by the commissioner of agricultural resources who shall represent buy local organizations funded by the department of agricultural resources; 2 members appointed by the Massachusetts Food System Collaborative; 1 member appointed by the commission on the status of African Americans; 2 members appointed by non-profit organizations whose primary purpose is working with farmers from socially disadvantaged groups; 1 member appointed by the commission on the status of Latinos and Latinas; 1 member appointed by the commission on the status of Asian Americans and Pacific Islanders; 1 member appointed by the commission on Indian affairs; 1 member appointed by Massachusetts Farm Bureau Federation; 1 member appointed by the Massachusetts Federation of Farmers Markets; and 1 member appointed by the Center for Agriculture, Food and the Environment at the University of Massachusetts Amherst. Members appointed to the commission shall, to the extent possible, represent a diversity of knowledge of urban and rural agricultural practices and experiences and be knowledgeable in agriculture.
(c) The commission shall investigate and study methods to promote equity in agriculture in the commonwealth, and shall prepare a report including, but not be limited to, recommendations related to: (i) data collection and dissemination; (ii) benchmark development and targeting areas of need; (iii) equitable access to grant programs and distribution of funds; (iv) increasing equity in the legislative, regulatory and sub-regulatory processes to support agriculture in the commonwealth; (v) improving equity in programs and services offered by the department of agricultural resources, including, but not limited to, programs regarding land access and protection, farmer technical assistance and education, marketing and other existing programs identified by the commission; and (vi) the implementation and monitoring of equity goals in agriculture in the commonwealth established by the commission. The department of agricultural resources shall furnish reasonable staff and other support for the work of the commission.
(d) The commission shall hold not less than 3 public hearings in geographically diverse regions of the commonwealth; provided, however, that not less than 1 public hearing shall be held in a rural area and not less than 1 public hearing shall be held in an urban area with potential for increased urban agriculture.
(e) Not later than December 31, 2027, the commission shall file a report and any recommendations, including any legislation necessary to carry out the recommendations, with the clerks of the senate and the house of representatives, the senate and house committees on ways and means and the joint committee on agriculture. The report shall be publicly available on the website of the department of agricultural resources.”.