Amendment ID: S3029-6

Amendment 6

Housing Shortage Emergency Declarations to Adjust Agricultural Preservation Restrictions

Mr. Finegold moves that the proposed new draft be amended by adding the following section:-

“SECTION XX. Section 32 of chapter 184 of the General Laws, as appearing in the 2024 Official Edition, is hereby amended by striking out the third paragraph and inserting in place thereof the following paragraph:-

No restriction that has been purchased with state funds or which has been granted in consideration of a loan or grant made with state funds shall be released unless it is repurchased by the land owner at its then current fair market value. Funds so received shall revert to the fund sources from which the original purchase, loan, or grant was made, or, lacking such source, shall be made available to acquire similar interests in other land. Agricultural preservation restrictions shall be released by the holder only if the land is no longer deemed suitable for agricultural or horticultural purposes or unless two-thirds of both branches of the general court, by a vote taken by yeas and nays, vote that the restrictions shall be released for the public good. If the municipality where the land is located declares a housing shortage emergency, the land will be presumed to be unsuitable for agricultural or horticultural purposes. The agricultural preservation restrictions holder will have the burden to prove that the land is necessary for agricultural or horticultural purposes. Watershed preservation restrictions shall be released by the holder only if the land is deemed by the commissioner of the metropolitan district commission and the secretary of environmental affairs to no longer be of any importance to the water supply or potential water supply of the commonwealth or unless two-thirds of both branches of the general court, by a vote taken by yeas and nays, vote that the restrictions shall be released for the public good.