Connecticut 2024 Regular Session

Connecticut House Bill HB05228 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
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2	2
3		-	LCO 1 of 15
	3	+	LCO No. 1550 1 of 16
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5		-	General Assembly ~~Substitute~~ Bill No. 5228
	5	+	General Assembly Raised Bill No. 5228
6	6		February Session, 2024
	7	+	LCO No. 1550
7	8
	9	+
	10	+	Referred to Committee on ENVIRONMENT
	11	+
	12	+
	13	+	Introduced by:
	14	+	(ENV)
8	15
9	16
10	17
11	18
12	19		AN ACT CONCERNING THE PURCHASE OF CERTAIN LANDS AT
13	20		AGRICULTURAL VALUE.
14	21		Be it enacted by the Senate and House of Representatives in General
15	22		Assembly convened:
16	23
17	24		Section 1. Section 22-26bb of the 2024 supplement to the general 1
18	25		statutes is repealed and the following is substituted in lieu thereof 2
19	26		(Effective October 1, 2024): 3
20	27		As used in sections 22-26aa to 22-26nn, inclusive, as amended by this 4
21	28		act: 5
22	29		(a) "Agricultural land" means any land in the state suitable by 6
23	30		reference to soil types, existing and past use of such land for agricultural 7
24	31		purposes and other relevant factors for the cultivation of plants for 8
25	32		production of human food and fiber or production of other useful and 9
26	33		valuable plant products and for the production of animals, livestock and 10
27	34		poultry useful to man and the environment, and land capable of 11
28	35		providing economically profitable farm units, and may include adjacent 12
29	36		pastures, wooded land, natural drainage areas and other adjacent open 13
30		-	areas; 14
31		-	(b) "Commissioner" means the Commissioner of Agriculture; 15
32		-	(c) "Department" means the Department of Agriculture; 16 Substitute Bill No. 5228
	37	+	areas; 14 Raised Bill No. 5228
33	38
34	39
35		-	LCO 2 of 15
36	40
	41	+	LCO No. 1550 2 of 16
	42	+
	43	+	(b) "Commissioner" means the Commissioner of Agriculture; 15
	44	+	(c) "Department" means the Department of Agriculture; 16
37	45		(d) "Development rights" means the rights of the fee simple owner of 17
38	46		agricultural land to develop, construct on, sell, lease or otherwise 18
39	47		improve the agricultural land for uses that result in rendering such land 19
40	48		no longer agricultural land, but shall not be construed to include: (1) The 20
41	49		uses defined in subsection (q) of section 1-1, (2) the rights of the fee 21
42	50		owner of agricultural land to develop, construct on, sell, give or transfer 22
43	51		in any way the property in its entirety, or a portion thereof, provided 23
44	52		any such sale, gift or transfer of a portion of the property is of a property 24
45	53		that was first subject to a sale, transfer or gift of development rights on 25
46	54		or after June 28, 2023, lease the property in its entirety, or a portion 26
47	55		thereof, for a term of less than twenty-five years or otherwise improve 27
48	56		the agricultural land to preserve, maintain, operate or continue such 28
49	57		land as agricultural land, including but not limited to construction 29
50	58		thereon of residences for persons directly incidental to farm operation 30
51	59		and buildings for animals, roadside stands and farm markets for sale to 31
52	60		the consumer of food products and ornamental plants, facilities for the 32
53	61		storing of equipment and products or processing thereof or such other 33
54	62		improvements, activities and uses thereon as may be directly or 34
55	63		incidentally related to the operation of the agricultural enterprise, as 35
56	64		long as the acreage and productivity of arable land for crops is not 36
57	65		materially decreased and due consideration is given to the impact of any 37
58	66		decrease in acreage or productivity of such arable land upon the total 38
59	67		farm operation, provided any portion of land that is sold, given or 39
60	68		transferred, shall be determined in accordance with regulations adopted 40
61	69		pursuant to this chapter, except that new construction or modification 41
62	70		of an existing farm building necessary to the operation of a farm on 42
63	71		prime farmland, as defined by the United States Department of 43
64	72		Agriculture, of which the state has purchased development rights shall 44
65	73		be limited to not more than five per cent of the total of such prime 45
66	74		farmland, (3) the rights of the fee owner to provide for the extraction of 46
67	75		gravel or like natural elements to be used on the farm for purposes 47
68		-	directly or incidentally related to the operation of the agricultural 48
69		-	enterprise or (4) the existing water and mineral rights, exclusive of 49
70		-	gravel, of the fee owner; 50 Substitute Bill No. 5228
	76	+	directly or incidentally related to the operation of the agricultural 48 Raised Bill No. 5228
71	77
72	78
73		-	LCO 3 of 15
74	79
	80	+	LCO No. 1550 3 of 16
	81	+
	82	+	enterprise or (4) the existing water and mineral rights, exclusive of 49
	83	+	gravel, of the fee owner; 50
75	84		(e) "Owner" means any person, corporation, limited liability 51
76	85		company, partnership, trust, municipal corporation, public utility or 52
77	86		any other private or public entity that shall be the fee simple owner of 53
78	87		agricultural land or who shall by operation of law have the power to 54
79	88		exercise the rights of a fee simple owner; 55
80	89		(f) "Municipality" means any city, town, borough, district, or 56
81	90		association with municipal powers; 57
82	91		(g) "Prime farmland" means soils defined by the United States 58
83	92		Department of Agriculture as the best suited to producing food, feed, 59
84	93		forage, fiber and oilseed crops; 60
85	94		(h) "Restricted agricultural land" means land and the improvements 61
86	95		thereon for which development rights are held by the state of 62
87	96		Connecticut; 63
88	97		(i) "Restriction" means the encumbrance on development uses placed 64
89	98		on restricted lands as a result of the acquisition of development rights 65
90		-	by the state of Connecticut and may include a provision that provides 66
91		-	that a municipality or a nonprofit organization authorized to hold land 67
92		-	for conservation and preservation purposes, may acquire, at such 68
93		-	municipality's or nonprofit organization's own expense, an option to 69
94		-	purchase such restricted lands at agricultural value; 70
95		-	(j) "Residences" means single-family residential dwellings and any 71
96		-	associated on-site septic disposal system or potable well; 72
97		-	(k) "Building" means (1) any permanent structure used for holding 73
98		-	animals, (2) roadside stands and farm markets for sale to the consumer 74
99		-	of food products and ornamental plants, (3) facilities for the storing of 75
100		-	equipment and products or the processing of products, and (4) animal 76
101		-	waste storage facilities; 77
102		-	(l) "Arable land" means land currently used for the production of 78
103		-	crops or pasture and land considered prime and important farmland 79
104		-	soil by the United States Department of Agriculture; 80 Substitute Bill No. 5228
	99	+	by the state of Connecticut; 66
	100	+	(j) "Residences" means single-family residential dwellings and any 67
	101	+	associated on-site septic disposal system or potable well; 68
	102	+	(k) "Building" means (1) any permanent structure used for holding 69
	103	+	animals, (2) roadside stands and farm markets for sale to the consumer 70
	104	+	of food products and ornamental plants, (3) facilities for the storing of 71
	105	+	equipment and products or the processing of products, and (4) animal 72
	106	+	waste storage facilities; 73
	107	+	(l) "Arable land" means land currently used for the production of 74
	108	+	crops or pasture and land considered prime and important farmland 75
	109	+	soil by the United States Department of Agriculture; 76
	110	+	(m) "Gravel or like natural elements" means rounded or angular 77 Raised Bill No. 5228
105	111
106	112
107		-	LCO 4 of 15
108	113
109		-	(m) "Gravel or like natural elements" means rounded or angular 81
110		-	fragments of rock and associated soil material; 82
111		-	(n) "Economically profitable farm unit" means an acreage of arable 83
112		-	land capable of producing a sustained annual gross income of 84
113		-	significant value as determined by the commissioner; 85
114		-	(o) "The property in its entirety" means the entire acreage of restricted 86
115		-	land without division or subdivision; 87
116		-	(p) "Persons directly incidental to the farm operation" means any 88
117		-	person who participates in the farm operation on the restricted land on 89
118		-	a full-time basis and any owner of the restricted land regardless of 90
119		-	whether or not he participates in the farm operation on a full-time basis; 91
120		-	(q) "Option to purchase at agricultural value" means a preemptive, 92
121		-	perpetual option for a municipality or nonprofit organization 93
122		-	authorized to hold land for conservation and preservation purposes to 94
123		-	purchase restricted agricultural land at its agricultural use value; 95
124		-	(r) "Agricultural use value" means the appraised fair market value of 96
125		-	restricted agricultural land. 97
126		-	Sec. 2. Section 22-26cc of the general statutes is repealed and the 98
127		-	following is substituted in lieu thereof (Effective October 1, 2024): 99
128		-	(a) There is established within the Department of Agriculture a 100
129		-	program to solicit, from owners of agricultural land, offers to sell the 101
130		-	development rights to such land and to inform the public of the 102
131		-	purposes, goals and provisions of this chapter. The commissioner, with 103
132		-	the approval of the State Properties Review Board, shall have the power 104
133		-	to acquire or accept as a gift, on behalf of the state, the development 105
134		-	rights of any agricultural land, if offered by the owner. Notice of the 106
135		-	offer shall be filed in the land records wherein the agricultural land is 107
136		-	situated. If ownership of any land for which development rights have 108
137		-	been offered is transferred, the offer shall be effective until the 109
138		-	subsequent owner revokes the offer in writing. The state conservation 110 Substitute Bill No. 5228
	114	+	LCO No. 1550 4 of 16
	115	+
	116	+	fragments of rock and associated soil material; 78
	117	+	(n) "Economically profitable farm unit" means an acreage of arable 79
	118	+	land capable of producing a sustained annual gross income of 80
	119	+	significant value as determined by the commissioner; 81
	120	+	(o) "The property in its entirety" means the entire acreage of restricted 82
	121	+	land without division or subdivision; 83
	122	+	(p) "Persons directly incidental to the farm operation" means any 84
	123	+	person who participates in the farm operation on the restricted land on 85
	124	+	a full-time basis and any owner of the restricted land regardless of 86
	125	+	whether or not he participates in the farm operation on a full-time basis; 87
	126	+	(q) "Option to purchase at agricultural value" means a preemptive 88
	127	+	option to purchase restricted agricultural land at its agricultural use 89
	128	+	value; 90
	129	+	(r) "Agricultural use value" means the fair market value of restricted 91
	130	+	agricultural land; 92
	131	+	(s) "Farmer-purchaser" means a purchaser who intends, in good faith, 93
	132	+	to maintain restricted agricultural land in commercial agricultural 94
	133	+	production and who can demonstrate, as determined by the holder of 95
	134	+	an option to purchase at agricultural value, not less than three years of 96
	135	+	farming experience and the derivation of fifty per cent or more of such 97
	136	+	person's gross annual income from farming. 98
	137	+	Sec. 2. Section 22-26cc of the general statutes is repealed and the 99
	138	+	following is substituted in lieu thereof (Effective October 1, 2024): 100
	139	+	(a) There is established within the Department of Agriculture a 101
	140	+	program to solicit, from owners of agricultural land, offers to sell the 102
	141	+	development rights to such land and to inform the public of the 103
	142	+	purposes, goals and provisions of this chapter. The commissioner, with 104
	143	+	the approval of the State Properties Review Board, shall have the power 105
	144	+	to acquire or accept as a gift, on behalf of the state, the development 106
	145	+	rights of any agricultural land, if offered by the owner. Notice of the 107 Raised Bill No. 5228
139	146
140	147
141		-	LCO 5 of 15
142	148
143		-	and development plan established pursuant to section 16a-24 shall be 111
144		-	applied as an advisory document to the acquisition of development 112
145		-	rights of any agricultural lands. The factors to be considered by the 113
146		-	commissioner in deciding whether or not to acquire such rights shall 114
147		-	include, but not be limited to, the following: (1) The probability that the 115
148		-	land will be sold for nonagricultural purposes; (2) the current 116
149		-	productivity of such land and the likelihood of continued productivity; 117
150		-	(3) the suitability of the land as to soil classification and other criteria for 118
151		-	agricultural use; (4) the degree to which such acquisition would 119
152		-	contribute to the preservation of the agricultural potential of the state; 120
153		-	(5) any encumbrances on such land; (6) the cost of acquiring such rights; 121
154		-	and (7) the degree to which such acquisition would mitigate damage 122
155		-	due to flood hazards. Ownership by a nonprofit organization 123
156		-	authorized to hold land for conservation and preservation purposes of 124
157		-	land which prior to such ownership qualified for the program 125
158		-	established pursuant to this section shall not be deemed to diminish the 126
159		-	probability that the land will be sold for nonagricultural purposes. After 127
160		-	a preliminary evaluation of such factors by the Commissioner of 128
161		-	Agriculture, [he] the commissioner shall obtain and review one or more 129
162		-	fee appraisals of the property selected in order to determine the value 130
163		-	of the development rights of such property, which may be based, in part, 131
164		-	on any option to purchase such property at agricultural value. The 132
165		-	commissioner shall notify the Department of Transportation, the 133
166		-	Department of Economic and Community Development, the 134
167		-	Department of Energy and Environmental Protection and the Office of 135
168		-	Policy and Management that such property is being appraised. Any 136
169		-	appraisal of the value of such land obtained by the owner and 137
170		-	performed in a manner approved by the commissioner shall be 138
171		-	considered by the commissioner in making such determination. The 139
172		-	value of development rights for all purposes of this section shall be the 140
173		-	difference between the value of the property for its highest and best use 141
174		-	and its value for agricultural purposes as determined by the 142
175		-	commissioner. The use or presence of pollutants or chemicals in the soil 143
176		-	shall not be deemed to diminish the agricultural value of the land or to 144
177		-	prohibit the commissioner from acquiring the development rights to 145 Substitute Bill No. 5228
	149	+	LCO No. 1550 5 of 16
	150	+
	151	+	offer shall be filed in the land records wherein the agricultural land is 108
	152	+	situated. If ownership of any land for which development rights have 109
	153	+	been offered is transferred, the offer shall be effective until the 110
	154	+	subsequent owner revokes the offer in writing. The state conservation 111
	155	+	and development plan established pursuant to section 16a-24 shall be 112
	156	+	applied as an advisory document to the acquisition of development 113
	157	+	rights of any agricultural lands. The factors to be considered by the 114
	158	+	commissioner in deciding whether or not to acquire such rights shall 115
	159	+	include, but not be limited to, the following: (1) The probability that the 116
	160	+	land will be sold for nonagricultural purposes; (2) the current 117
	161	+	productivity of such land and the likelihood of continued productivity; 118
	162	+	(3) the suitability of the land as to soil classification and other criteria for 119
	163	+	agricultural use; (4) the degree to which such acquisition would 120
	164	+	contribute to the preservation of the agricultural potential of the state; 121
	165	+	(5) any encumbrances on such land; (6) the cost of acquiring such rights; 122
	166	+	[and] (7) the degree to which such acquisition would mitigate damage 123
	167	+	due to flood hazards; and (8) whether the acquisition of development 124
	168	+	rights will include an option to purchase at agricultural value. 125
	169	+	Ownership by a nonprofit organization authorized to hold land for 126
	170	+	conservation and preservation purposes of land which prior to such 127
	171	+	ownership qualified for the program established pursuant to this section 128
	172	+	shall not be deemed to diminish the probability that the land will be sold 129
	173	+	for nonagricultural purposes. After a preliminary evaluation of such 130
	174	+	factors by the Commissioner of Agriculture, he shall obtain and review 131
	175	+	one or more fee appraisals of the property selected in order to determine 132
	176	+	the value of the development rights of such property. The commissioner 133
	177	+	shall notify the Department of Transportation, the Department of 134
	178	+	Economic and Community Development, the Department of Energy 135
	179	+	and Environmental Protection and the Office of Policy and Management 136
	180	+	that such property is being appraised. Any appraisal of the value of such 137
	181	+	land obtained by the owner and performed in a manner approved by 138
	182	+	the commissioner shall be considered by the commissioner in making 139
	183	+	such determination. The value of development rights for all purposes of 140
	184	+	this section shall be the difference between the value of the property for 141
	185	+	its highest and best use and its value for agricultural purposes as 142 Raised Bill No. 5228
178	186
179	187
180		-	LCO 6 of 15
181	188
182		-	such land. The commissioner may purchase development rights for a 146
183		-	lesser amount provided he complies with all factors for acquisition 147
184		-	specified in this subsection and in any implementing regulations. In 148
185		-	determining the value of the property for its highest and best use, 149
186		-	consideration shall be given but not limited to sales of comparable 150
187		-	properties in the general area, use of which was unrestricted at the time 151
188		-	of sale. 152
189		-	(b) Upon the acquisition by the commissioner of the development 153
190		-	rights of agricultural land, the commissioner shall cause to be filed in 154
191		-	the appropriate land records and in the office of the Secretary of the 155
192		-	State a notice of such acquisition which shall set forth a description of 156
193		-	the agricultural land as will be sufficient to give any prospective 157
194		-	purchaser of such agricultural land or creditor of the owner thereof 158
195		-	notice of such restriction. Upon such filing, the owner of such 159
196		-	agricultural land shall not be permitted to exercise development rights 160
197		-	with respect to such land, and such development rights shall be 161
198		-	considered and deemed dedicated to the state in perpetuity, except as 162
199		-	hereinafter provided. If restricted land is to be sold, the owner shall 163
200		-	notify, in writing, the commissioner of such impending sale not [more] 164
201		-	less than ninety days before transfer of title to the land and shall provide 165
202		-	the commissioner with the name and address of the new owner. 166
203		-	(c) The commissioner shall have no power to release such land from 167
204		-	its agricultural restriction, except as set forth in this subsection. The 168
205		-	commissioner, in consultation with the Commissioner of Energy and 169
206		-	Environmental Protection and such advisory groups as the 170
207		-	Commissioner of Agriculture may appoint, may approve (1) a petition 171
208		-	by the owner of the restricted agricultural land to remove such 172
209		-	restriction provided such petition is approved by resolution of the 173
210		-	legislative body of the town, or (2) a petition by the legislative body of 174
211		-	the town in which such land is situated to remove such restriction 175
212		-	provided such petition is approved in writing by said owner. Upon 176
213		-	approval of such a petition by the commissioner, the legislative body of 177
214		-	the town shall submit to the qualified voters of such town the question 178
215		-	of removing the agricultural restriction from such land or a part thereof, 179 Substitute Bill No. 5228
	189	+	LCO No. 1550 6 of 16
	190	+
	191	+	determined by the commissioner. The use or presence of pollutants or 143
	192	+	chemicals in the soil shall not be deemed to diminish the agricultural 144
	193	+	value of the land or to prohibit the commissioner from acquiring the 145
	194	+	development rights to such land. The commissioner may purchase 146
	195	+	development rights for a lesser amount provided he complies with all 147
	196	+	factors for acquisition specified in this subsection and in any 148
	197	+	implementing regulations. In determining the value of the property for 149
	198	+	its highest and best use, consideration shall be given but not limited to 150
	199	+	sales of comparable properties in the general area, use of which was 151
	200	+	unrestricted at the time of sale. The commissioner may offer grants to 152
	201	+	land trusts and municipalities that work to protect farmland from 153
	202	+	development to purchase development rights in order to encourage the 154
	203	+	continuation of land in agricultural production and maintain such land's 155
	204	+	long-term availability and affordability for future generations of 156
	205	+	farmers, including farmer-purchasers. The commissioner may consider 157
	206	+	grant applications that utilize additional mechanisms for such purposes, 158
	207	+	including, but not limited to, the option to purchase at agricultural 159
	208	+	value, rights of first refusal, other deed restrictions or stewardship 160
	209	+	requirements. The commissioner may allow a portion of such grant 161
	210	+	funds to support the administrative costs associated with an option to 162
	211	+	purchase at agricultural value. 163
	212	+	(b) Upon the acquisition by the commissioner of the development 164
	213	+	rights of agricultural land, the commissioner shall cause to be filed in 165
	214	+	the appropriate land records and in the office of the Secretary of the 166
	215	+	State a notice of such acquisition which shall set forth a description of 167
	216	+	the agricultural land as will be sufficient to give any prospective 168
	217	+	purchaser of such agricultural land or creditor of the owner thereof 169
	218	+	notice of such restriction. Upon such filing, the owner of such 170
	219	+	agricultural land shall not be permitted to exercise development rights 171
	220	+	with respect to such land, and such development rights shall be 172
	221	+	considered and deemed dedicated to the state in perpetuity, except as 173
	222	+	hereinafter provided. If restricted land is to be sold, the owner shall 174
	223	+	notify, in writing, the commissioner of such impending sale not more 175
	224	+	than ninety days before transfer of title to the land and shall provide the 176 Raised Bill No. 5228
216	225
217	226
218		-	LCO 7 of 15
219	227
220		-	at a referendum held at a regular election or a special election warned 180
221		-	and called for that purpose. In the event a majority of those voting at 181
222		-	such referendum are in favor of such removal, the restriction shall be 182
223		-	removed from the agricultural land upon filing of the certified results of 183
224		-	such referendum in the land records and the office of the Secretary of 184
225		-	the State, and the commissioner shall convey the development rights to 185
226		-	such owner provided such owner shall pay the commissioner an 186
227		-	amount equal to the value of such rights. Such petition shall set forth the 187
228		-	facts and circumstances upon which the commissioner shall consider 188
229		-	approval, and said commissioner shall deny such approval unless he 189
230		-	determines that the public interest is such that there is an overriding 190
231		-	necessity to relinquish control of the development rights. The 191
232		-	commissioner shall hold at least one public hearing prior to the 192
233		-	initiation of any proceedings hereunder. The expenses, if any, of the 193
234		-	hearing and the referendum shall be borne by the petitioner. In the event 194
235		-	that the state sells any development rights under the procedure 195
236		-	provided in this subsection, it shall receive the value of such rights. 196
237		-	(d) Whenever the commissioner acquires the development rights of 197
238		-	any agricultural land and the purchase price of such development rights 198
239		-	is ten thousand dollars or more, said commissioner and the owner of 199
240		-	such land may enter into a written agreement which provides for the 200
241		-	payment of the purchase price in two or three annual installments, but 201
242		-	no interest shall be paid on any unpaid balance of such purchase price. 202
243		-	(e) Whenever the commissioner acquires the development rights to 203
244		-	any agricultural land, and any municipality in which all or part of the 204
245		-	land is situated paid a part of the purchase price from a fund established 205
246		-	pursuant to section 7-131q, such municipality and the state may jointly 206
247		-	own the development rights. The land may be released from its 207
248		-	agricultural restriction in accordance with the provisions of subsection 208
249		-	(c) of this section. The commissioner shall adopt regulations in 209
250		-	accordance with the provisions of chapter 54 establishing procedures for 210
251		-	the joint acquisition of development rights to agricultural land. Such 211
252		-	municipality may, additionally, hold an option to purchase such 212
253		-	agricultural land at agricultural value. 213 Substitute Bill No. 5228
	228	+	LCO No. 1550 7 of 16
	229	+
	230	+	commissioner with the name and address of the new owner. 177
	231	+	(c) The commissioner shall have no power to release such land from 178
	232	+	its agricultural restriction, except as set forth in this subsection. The 179
	233	+	commissioner, in consultation with the Commissioner of Energy and 180
	234	+	Environmental Protection and such advisory groups as the 181
	235	+	Commissioner of Agriculture may appoint, may approve (1) a petition 182
	236	+	by the owner of the restricted agricultural land to remove such 183
	237	+	restriction provided such petition is approved by resolution of the 184
	238	+	legislative body of the town, or (2) a petition by the legislative body of 185
	239	+	the town in which such land is situated to remove such restriction 186
	240	+	provided such petition is approved in writing by said owner. Upon 187
	241	+	approval of such a petition by the commissioner, the legislative body of 188
	242	+	the town shall submit to the qualified voters of such town the question 189
	243	+	of removing the agricultural restriction from such land or a part thereof, 190
	244	+	at a referendum held at a regular election or a special election warned 191
	245	+	and called for that purpose. In the event a majority of those voting at 192
	246	+	such referendum are in favor of such removal, the restriction shall be 193
	247	+	removed from the agricultural land upon filing of the certified results of 194
	248	+	such referendum in the land records and the office of the Secretary of 195
	249	+	the State, and the commissioner shall convey the development rights to 196
	250	+	such owner provided such owner shall pay the commissioner an 197
	251	+	amount equal to the value of such rights. Such petition shall set forth the 198
	252	+	facts and circumstances upon which the commissioner shall consider 199
	253	+	approval, and said commissioner shall deny such approval unless he 200
	254	+	determines that the public interest is such that there is an overriding 201
	255	+	necessity to relinquish control of the development rights. The 202
	256	+	commissioner shall hold at least one public hearing prior to the 203
	257	+	initiation of any proceedings hereunder. The expenses, if any, of the 204
	258	+	hearing and the referendum shall be borne by the petitioner. In the event 205
	259	+	that the state sells any development rights under the procedure 206
	260	+	provided in this subsection, it shall receive the value of such rights. 207
	261	+	(d) Whenever the commissioner acquires the development rights of 208
	262	+	any agricultural land and the purchase price of such development rights 209
	263	+	is ten thousand dollars or more, said commissioner and the owner of 210 Raised Bill No. 5228
254	264
255	265
256		-	LCO 8 of 15
257	266
258		-	(f) The acquisition of the development rights to any agricultural land 214
259		-	by the commissioner shall not be deemed to be ownership of such land 215
260		-	and the state shall not be liable for pollution or contamination of such 216
261		-	land and no person may bring a civil action against the state for 217
262		-	damages resulting from pollution or contamination of such agricultural 218
263		-	land. 219
264		-	(g) The commissioner may issue a letter of intent requesting the 220
265		-	assistance of a nonprofit organization, as defined in Section 501(c)(3) of 221
266		-	the Internal Revenue Code of 1986, or any subsequent corresponding 222
267		-	internal revenue code of the United States, as from time to time 223
268		-	amended, in acquiring the development rights to certain agricultural 224
269		-	land. If such organization acquires such rights it may sell them to the 225
270		-	commissioner based on a purchase agreement. Such agreement may 226
271		-	include reimbursement for reasonable expenses incurred in the 227
272		-	acquisition of the rights as well as payment for the rights. The 228
273		-	commissioner may enter into joint ownership agreements to acquire the 229
274		-	development rights to any qualified agricultural land with any 230
275		-	nonprofit organization, as defined in Section 501(c)(3) of the Internal 231
276		-	Revenue Code of 1986, or any subsequent corresponding internal 232
277		-	revenue code of the United States, as from time to time amended, 233
278		-	provided the mission of such nonprofit organization is the permanent 234
279		-	protection of agricultural land for the purposes of continued 235
280		-	agricultural use. Such joint ownership agreement may include 236
281		-	provisions for the reimbursement of reasonable expenses incurred in the 237
282		-	joint acquisition of such development rights. Such nonprofit 238
283		-	organization may, additionally, hold an option to purchase such 239
284		-	agricultural land at agricultural value. 240
285		-	(h) In addition to development rights, the commissioner may acquire 241
286		-	or accept as a gift the rights of the owner to construct any residences or 242
287		-	any farm structures on agricultural land. 243
288		-	(i) The Commissioner of Agriculture, pursuant to any cooperative 244
289		-	agreement with the United States Department of Agriculture for the 245
290		-	disbursement of funds under federal law, may require that any property 246 Substitute Bill No. 5228
	267	+	LCO No. 1550 8 of 16
	268	+
	269	+	such land may enter into a written agreement which provides for the 211
	270	+	payment of the purchase price in two or three annual installments, but 212
	271	+	no interest shall be paid on any unpaid balance of such purchase price. 213
	272	+	(e) Whenever the commissioner acquires the development rights to 214
	273	+	any agricultural land, and any municipality in which all or part of the 215
	274	+	land is situated paid a part of the purchase price from a fund established 216
	275	+	pursuant to section 7-131q, such municipality and the state may jointly 217
	276	+	own the development rights. The land may be released from its 218
	277	+	agricultural restriction in accordance with the provisions of subsection 219
	278	+	(c) of this section. The commissioner shall adopt regulations in 220
	279	+	accordance with the provisions of chapter 54 establishing procedures for 221
	280	+	the joint acquisition of development rights to agricultural land. 222
	281	+	(f) The acquisition of the development rights to any agricultural land 223
	282	+	by the commissioner shall not be deemed to be ownership of such land 224
	283	+	and the state shall not be liable for pollution or contamination of such 225
	284	+	land and no person may bring a civil action against the state for 226
	285	+	damages resulting from pollution or contamination of such agricultural 227
	286	+	land. 228
	287	+	(g) The commissioner may issue a letter of intent requesting the 229
	288	+	assistance of a nonprofit organization, as defined in Section 501(c)(3) of 230
	289	+	the Internal Revenue Code of 1986, or any subsequent corresponding 231
	290	+	internal revenue code of the United States, as from time to time 232
	291	+	amended, in acquiring the development rights to certain agricultural 233
	292	+	land. If such organization acquires such rights it may sell them to the 234
	293	+	commissioner based on a purchase agreement. Such agreement may 235
	294	+	include reimbursement for reasonable expenses incurred in the 236
	295	+	acquisition of the rights as well as payment for the rights. The 237
	296	+	commissioner may enter into joint ownership agreements to acquire the 238
	297	+	development rights to any qualified agricultural land with any 239
	298	+	nonprofit organization, as defined in Section 501(c)(3) of the Internal 240
	299	+	Revenue Code of 1986, or any subsequent corresponding internal 241
	300	+	revenue code of the United States, as from time to time amended, 242
	301	+	provided the mission of such nonprofit organization is the permanent 243 Raised Bill No. 5228
291	302
292	303
293		-	LCO 9 of 15
294	304
295		-	to which rights are acquired under this section with such funds shall be 247
296		-	managed in accordance with a conservation plan which utilizes the 248
297		-	standards and specifications of the Natural Resources Conservation 249
298		-	Service field office technical guide and is approved by such service. 250
299		-	Additionally, such conservation plan shall require the establishment of 251
300		-	model pollinator habitat, as described in section 22-90b. Any instrument 252
301		-	by which the commissioner acquires such rights and for which any such 253
302		-	funds are used may provide for a contingent right in the United States 254
303		-	of America in the event that the state of Connecticut fails to enforce any 255
304		-	of the terms of its rights acquired under this section which failure shall 256
305		-	be determined by the United States Secretary of Agriculture. Such 257
306		-	contingent right shall entitle the secretary to enforce any rights acquired 258
307		-	by the state under this section by any authority provided under law. 259
308		-	Such instrument may provide that such rights shall become vested in 260
309		-	the United States of America in the event that the state of Connecticut 261
310		-	attempts to terminate, transfer or otherwise divest itself of any such 262
311		-	rights without the prior consent of the United States Secretary of 263
312		-	Agriculture and payment of consideration to the United States and may 264
313		-	further provide that title to such rights may be held by the United States 265
314		-	of America at any time at the request of the United States Secretary of 266
315		-	Agriculture. In connection with such an agreement, the commissioner 267
316		-	may hold the United States harmless from any action based on 268
317		-	negligence in the procurement or management of any rights acquired 269
318		-	under this section and may assure that proper title evidence is secured, 270
319		-	that the title is insured to the amount of the federal cost paid for the 271
320		-	interest of the United States of America and that, in the event of a failure 272
321		-	of title, as determined by a court of competent jurisdiction, and payment 273
322		-	of insurance to the state, the state will reimburse the United States for 274
323		-	the amount of the federal cost paid. 275
324		-	(j) The commissioner, when acquiring the development rights of any 276
325		-	agricultural lands on behalf of the state, may incorporate deed 277
326		-	requirements in accordance with the provisions of the federal Farm and 278
327		-	Ranch Lands Protection Program, 7 CFR 1491.1, et seq., or under the 279
328		-	Agricultural Conservation Easement Program, 7 CFR 1468.1, et seq., or 280 Substitute Bill No. 5228
	305	+	LCO No. 1550 9 of 16
	306	+
	307	+	protection of agricultural land for the purposes of continued 244
	308	+	agricultural use. The commissioner may offer grants to land trusts and 245
	309	+	municipalities that work to protect farmland from development for the 246
	310	+	purchase of an option to purchase at agricultural value, as part of the 247
	311	+	acquisition of development rights. Any such grant may be used to 248
	312	+	acquire an option to purchase at agricultural value retroactively from 249
	313	+	the landowner of restricted agricultural land. 250
	314	+	(h) In addition to development rights, the commissioner may acquire 251
	315	+	or accept as a gift the rights of the owner to construct any residences or 252
	316	+	any farm structures on agricultural land. 253
	317	+	(i) The Commissioner of Agriculture, pursuant to any cooperative 254
	318	+	agreement with the United States Department of Agriculture for the 255
	319	+	disbursement of funds under federal law, may require that any property 256
	320	+	to which rights are acquired under this section with such funds shall be 257
	321	+	managed in accordance with a conservation plan which utilizes the 258
	322	+	standards and specifications of the Natural Resources Conservation 259
	323	+	Service field office technical guide and is approved by such service. 260
	324	+	Additionally, such conservation plan shall require the establishment of 261
	325	+	model pollinator habitat, as described in section 22-90b. Any instrument 262
	326	+	by which the commissioner acquires such rights and for which any such 263
	327	+	funds are used may provide for a contingent right in the United States 264
	328	+	of America in the event that the state of Connecticut fails to enforce any 265
	329	+	of the terms of its rights acquired under this section which failure shall 266
	330	+	be determined by the United States Secretary of Agriculture. Such 267
	331	+	contingent right shall entitle the secretary to enforce any rights acquired 268
	332	+	by the state under this section by any authority provided under law. 269
	333	+	Such instrument may provide that such rights shall become vested in 270
	334	+	the United States of America in the event that the state of Connecticut 271
	335	+	attempts to terminate, transfer or otherwise divest itself of any such 272
	336	+	rights without the prior consent of the United States Secretary of 273
	337	+	Agriculture and payment of consideration to the United States and may 274
	338	+	further provide that title to such rights may be held by the United States 275
	339	+	of America at any time at the request of the United States Secretary of 276
	340	+	Agriculture. In connection with such an agreement, the commissioner 277 Raised Bill No. 5228
329	341
330	342
331		-	LCO 10 of 15
332	343
333		-	any successive federal farmland protection program. 281
334		-	(k) When executed, an option to purchase at agricultural value may 282
335		-	be included along with the recorded document evidencing an 283
336		-	agricultural restriction on the same land and shall exist in perpetuity, 284
337		-	run with the land and bind all future owners of the restricted land. Any 285
338		-	municipality or nonprofit organization that acquires such an option to 286
339		-	purchase at agricultural value shall be solely responsible for 287
340		-	enforcement of the option to purchase at agricultural value, at such 288
341		-	municipality's or nonprofit organization's sole cost and expense. 289
342		-	(l) Notwithstanding the provisions of subsection (k) of this section, 290
343		-	the Department of Agriculture may establish and administer a grant 291
344		-	funding program for any municipality or nonprofit organization 292
345		-	authorized to hold land for conservation and preservation purposes to 293
346		-	acquire options to purchase restricted agricultural lands at agricultural 294
347		-	value. 295
348		-	Sec. 3. Section 22-26nn of the general statutes is repealed and the 296
349		-	following is substituted in lieu thereof (Effective October 1, 2024): 297
350		-	(a) The Commissioner of Agriculture may establish a community 298
351		-	farms program for the preservation of farmland that does not meet the 299
352		-	criteria of the farmland preservation program established pursuant to 300
353		-	section 22-26cc, as amended by this act, for reasons of size, soil quality 301
354		-	or location but that may contribute to local economic activity through 302
355		-	agricultural production. The commissioner may purchase up to one 303
356		-	hundred per cent of the value of development rights directly from an 304
357		-	eligible owner, or may acquire development rights on qualifying 305
358		-	farmland jointly with a municipality, subject to the appraisal and review 306
359		-	required by the regulations adopted pursuant to this section. For the 307
360		-	purposes of this section, "development rights" and "owner" have the 308
361		-	same meanings as provided in section 22-26bb, as amended by this act. 309
362		-	(b) If the Commissioner of Agriculture establishes a program in 310
363		-	accordance with subsection (a) of this subsection, the commissioner 311
364		-	shall, in consultation with the Farmland Preservation Advisory Board 312 Substitute Bill No. 5228
	344	+	LCO No. 1550 10 of 16
	345	+
	346	+	may hold the United States harmless from any action based on 278
	347	+	negligence in the procurement or management of any rights acquired 279
	348	+	under this section and may assure that proper title evidence is secured, 280
	349	+	that the title is insured to the amount of the federal cost paid for the 281
	350	+	interest of the United States of America and that, in the event of a failure 282
	351	+	of title, as determined by a court of competent jurisdiction, and payment 283
	352	+	of insurance to the state, the state will reimburse the United States for 284
	353	+	the amount of the federal cost paid. 285
	354	+	(j) The commissioner, when acquiring the development rights of any 286
	355	+	agricultural lands on behalf of the state, may incorporate deed 287
	356	+	requirements in accordance with the provisions of the federal Farm and 288
	357	+	Ranch Lands Protection Program, 7 CFR 1491.1, et seq., or under the 289
	358	+	Agricultural Conservation Easement Program, 7 CFR 1468.1, et seq., or 290
	359	+	any successive federal farmland protection program. 291
	360	+	Sec. 3. Section 22-26nn of the general statutes is repealed and the 292
	361	+	following is substituted in lieu thereof (Effective October 1, 2024): 293
	362	+	(a) The Commissioner of Agriculture may establish a community 294
	363	+	farms program for the preservation of farmland that does not meet the 295
	364	+	criteria of the farmland preservation program established pursuant to 296
	365	+	section 22-26cc, as amended by this act, for reasons of size, soil quality 297
	366	+	or location but that may contribute to local economic activity through 298
	367	+	agricultural production. The commissioner may purchase up to one 299
	368	+	hundred per cent of the value of development rights directly from an 300
	369	+	eligible owner, or may acquire development rights on qualifying 301
	370	+	farmland jointly with a municipality, subject to the appraisal and review 302
	371	+	required by the regulations adopted pursuant to this section. For the 303
	372	+	purposes of this section, "development rights" and "owner" have the 304
	373	+	same meanings as provided in section 22-26bb, as amended by this act. 305
	374	+	The commissioner may offer grants to land trusts and municipalities 306
	375	+	that work to protect farmland from development to purchase 307
	376	+	development rights in order to encourage the continuation of land in 308
	377	+	agricultural production and maintain such land's long-term availability 309
	378	+	and affordability for future generations of farmers, including farmer-310 Raised Bill No. 5228
365	379
366	380
367		-	LCO 11 of 15
368	381
369		-	established under section 22-26ll, establish criteria for said program. 313
370		-	Such criteria shall give preference to farms that produce food or fiber, 314
371		-	and at a minimum shall consider (1) the probability that the land will be 315
372		-	sold for nonagricultural purposes, (2) the current productivity of the 316
373		-	land and the likelihood of continued productivity of such land, (3) the 317
374		-	suitability of the land for agricultural use, including whether the soil is 318
375		-	classified as locally important soils by the United States Department of 319
376		-	Agriculture, and (4) the demonstrated level of community support for 320
377		-	preservation of the parcel. The commissioner shall, in consultation with 321
378		-	said board, consider mechanisms that encourage continuation of the 322
379		-	land in agricultural production to maintain its long-term availability 323
380		-	and affordability for future generations of farmers, including, but not 324
381		-	limited to, deed restrictions or stewardship requirements. 325
382		-	(c) Upon the acquisition by the commissioner of the development 326
383		-	rights to agricultural land pursuant to this section, the commissioner 327
384		-	shall cause to be filed in the appropriate land records and in the office 328
385		-	of the Secretary of the State a notice of such acquisition which shall set 329
386		-	forth a description of the agricultural land as will be sufficient to give 330
387		-	any prospective purchaser of such agricultural land or creditor of the 331
388		-	owner thereof notice of such restriction. Upon such filing, the owner of 332
389		-	such agricultural land shall not be permitted to exercise development 333
390		-	rights with respect to such land, and such development rights shall be 334
391		-	considered and deemed dedicated to the state in perpetuity, except as 335
392		-	hereinafter provided. If restricted land is to be sold, the owner shall 336
393		-	notify the commissioner, in writing, of such impending sale not [more] 337
394		-	less than ninety days before transfer of title to the land and shall provide 338
395		-	the commissioner with the name and address of the new owner. 339
396		-	(d) The Commissioner of Agriculture shall have no power to release 340
397		-	such land from its agricultural restriction, except as set forth in this 341
398		-	subsection. The Commissioner of Agriculture, in consultation with the 342
399		-	Commissioner of Energy and Environmental Protection and such 343
400		-	advisory groups as the Commissioner of Agriculture may appoint, may 344
401		-	approve (1) a petition by the owner of the restricted agricultural land to 345
402		-	remove such restriction provided such petition is approved by 346 Substitute Bill No. 5228
	382	+	LCO No. 1550 11 of 16
	383	+
	384	+	purchasers. The commissioner may consider grant applications that 311
	385	+	utilize additional mechanisms for such purposes, including, but not 312
	386	+	limited to, the option to purchase at agricultural value, rights of first 313
	387	+	refusal, other deed restrictions or stewardship requirements. 314
	388	+	(b) If the Commissioner of Agriculture establishes a program in 315
	389	+	accordance with subsection (a) of this subsection, the commissioner 316
	390	+	shall, in consultation with the Farmland Preservation Advisory Board 317
	391	+	established under section 22-26ll, establish criteria for said program. 318
	392	+	Such criteria shall give preference to farms that produce food or fiber, 319
	393	+	and at a minimum shall consider (1) the probability that the land will be 320
	394	+	sold for nonagricultural purposes, (2) the current productivity of the 321
	395	+	land and the likelihood of continued productivity of such land, (3) the 322
	396	+	suitability of the land for agricultural use, including whether the soil is 323
	397	+	classified as locally important soils by the United States Department of 324
	398	+	Agriculture, and (4) the demonstrated level of community support for 325
	399	+	preservation of the parcel. The commissioner shall, in consultation with 326
	400	+	said board, consider mechanisms that encourage continuation of the 327
	401	+	land in agricultural production to maintain its long-term availability 328
	402	+	and affordability for future generations of farmers, including, but not 329
	403	+	limited to, deed restrictions or stewardship requirements. 330
	404	+	(c) Upon the acquisition by the commissioner of the development 331
	405	+	rights to agricultural land pursuant to this section, the commissioner 332
	406	+	shall cause to be filed in the appropriate land records and in the office 333
	407	+	of the Secretary of the State a notice of such acquisition which shall set 334
	408	+	forth a description of the agricultural land as will be sufficient to give 335
	409	+	any prospective purchaser of such agricultural land or creditor of the 336
	410	+	owner thereof notice of such restriction. Upon such filing, the owner of 337
	411	+	such agricultural land shall not be permitted to exercise development 338
	412	+	rights with respect to such land, and such development rights shall be 339
	413	+	considered and deemed dedicated to the state in perpetuity, except as 340
	414	+	hereinafter provided. If restricted land is to be sold, the owner shall 341
	415	+	notify the commissioner, in writing, of such impending sale not more 342
	416	+	than ninety days before transfer of title to the land and shall provide the 343
	417	+	commissioner with the name and address of the new owner. 344 Raised Bill No. 5228
403	418
404	419
405		-	LCO 12 of 15
406	420
407		-	resolution of the legislative body of the town, or (2) a petition by the 347
408		-	legislative body of the town in which such land is situated to remove 348
409		-	such restriction provided such petition is approved in writing by said 349
410		-	owner. Upon approval of such a petition by the Commissioner of 350
411		-	Agriculture, the legislative body of the town shall submit to the 351
412		-	qualified voters of such town the question of removing the agricultural 352
413		-	restriction from such land or a part thereof, at a referendum held at a 353
414		-	regular election or a special election warned and called for that purpose. 354
415		-	In the event a majority of those voting at such referendum are in favor 355
416		-	of such removal, the restriction shall be removed from the agricultural 356
417		-	land upon filing of the certified results of such referendum in the land 357
418		-	records and the office of the Secretary of the State, and the 358
419		-	Commissioner of Agriculture shall convey the development rights to 359
420		-	such owner provided such owner shall pay the Commissioner of 360
421		-	Agriculture an amount equal to the value of such rights. Such petition 361
422		-	shall set forth the facts and circumstances upon which the 362
423		-	Commissioner of Agriculture shall consider approval, and said 363
424		-	commissioner shall deny such approval unless said commissioner 364
425		-	determines that the public interest is such that there is an overriding 365
426		-	necessity to relinquish control of the development rights. The 366
427		-	Commissioner of Agriculture shall hold at least one public hearing prior 367
428		-	to the initiation of any proceedings hereunder. The expenses, if any, of 368
429		-	the hearing and the referendum shall be borne by the petitioner. In the 369
430		-	event that the state sells any development rights under the procedure 370
431		-	provided in this subsection, it shall receive the value of such rights. 371
432		-	(e) Whenever the Commissioner of Agriculture acquires the 372
433		-	development rights of any agricultural land pursuant to this section and 373
434		-	the purchase price of such development rights is ten thousand dollars 374
435		-	or more, said commissioner and the owner of such land may enter into 375
436		-	a written agreement which provides for the payment of the purchase 376
437		-	price in two or three annual installments, but no interest shall be paid 377
438		-	on any unpaid balance of such purchase price. 378
439		-	(f) Whenever the commissioner acquires the development rights to 379
440		-	any agricultural land, and any municipality in which all or part of the 380 Substitute Bill No. 5228
	421	+	LCO No. 1550 12 of 16
	422	+
	423	+	(d) The Commissioner of Agriculture shall have no power to release 345
	424	+	such land from its agricultural restriction, except as set forth in this 346
	425	+	subsection. The Commissioner of Agriculture, in consultation with the 347
	426	+	Commissioner of Energy and Environmental Protection and such 348
	427	+	advisory groups as the Commissioner of Agriculture may appoint, may 349
	428	+	approve (1) a petition by the owner of the restricted agricultural land to 350
	429	+	remove such restriction provided such petition is approved by 351
	430	+	resolution of the legislative body of the town, or (2) a petition by the 352
	431	+	legislative body of the town in which such land is situated to remove 353
	432	+	such restriction provided such petition is approved in writing by said 354
	433	+	owner. Upon approval of such a petition by the Commissioner of 355
	434	+	Agriculture, the legislative body of the town shall submit to the 356
	435	+	qualified voters of such town the question of removing the agricultural 357
	436	+	restriction from such land or a part thereof, at a referendum held at a 358
	437	+	regular election or a special election warned and called for that purpose. 359
	438	+	In the event a majority of those voting at such referendum are in favor 360
	439	+	of such removal, the restriction shall be removed from the agricultural 361
	440	+	land upon filing of the certified results of such referendum in the land 362
	441	+	records and the office of the Secretary of the State, and the 363
	442	+	Commissioner of Agriculture shall convey the development rights to 364
	443	+	such owner provided such owner shall pay the Commissioner of 365
	444	+	Agriculture an amount equal to the value of such rights. Such petition 366
	445	+	shall set forth the facts and circumstances upon which the 367
	446	+	Commissioner of Agriculture shall consider approval, and said 368
	447	+	commissioner shall deny such approval unless said commissioner 369
	448	+	determines that the public interest is such that there is an overriding 370
	449	+	necessity to relinquish control of the development rights. The 371
	450	+	Commissioner of Agriculture shall hold at least one public hearing prior 372
	451	+	to the initiation of any proceedings hereunder. The expenses, if any, of 373
	452	+	the hearing and the referendum shall be borne by the petitioner. In the 374
	453	+	event that the state sells any development rights under the procedure 375
	454	+	provided in this subsection, it shall receive the value of such rights. 376
	455	+	(e) Whenever the Commissioner of Agriculture acquires the 377
	456	+	development rights of any agricultural land pursuant to this section and 378 Raised Bill No. 5228
441	457
442	458
443		-	LCO 13 of 15
444	459
445		-	land is situated paid a part of the purchase price from a fund established 381
446		-	pursuant to section 7-131q, such municipality and the state may jointly 382
447		-	own the development rights. The land may be released from its 383
448		-	agricultural restriction in accordance with the provisions of subsection 384
449		-	(d) of this section. The commissioner shall adopt regulations, in 385
450		-	accordance with the provisions of chapter 54, establishing procedures 386
451		-	for the joint acquisition of development rights to agricultural land. Such 387
452		-	municipality may, additionally, hold an option to purchase such 388
453		-	agricultural land at agricultural value. 389
454		-	(g) The acquisition of the development rights to any agricultural land 390
455		-	by the commissioner shall not be deemed to be ownership of such land 391
456		-	and the state shall not be liable for pollution or contamination of such 392
457		-	land and no person may bring a civil action against the state for 393
458		-	damages resulting from pollution or contamination of such agricultural 394
459		-	land. 395
460		-	(h) The commissioner may issue a letter of intent requesting the 396
461		-	assistance of a nonprofit organization, as defined in Section 501(c)(3) of 397
462		-	the Internal Revenue Code of 1986, or any subsequent corresponding 398
463		-	internal revenue code of the United States, as from time to time 399
464		-	amended, in acquiring the development rights to certain agricultural 400
465		-	land. If such organization acquires such rights it may sell them to the 401
466		-	commissioner based on a purchase agreement. Such agreement may 402
467		-	include reimbursement for reasonable expenses incurred in the 403
468		-	acquisition of the rights as well as payment for the rights. The 404
469		-	commissioner may enter into joint ownership agreements to acquire the 405
470		-	development rights to any qualified agricultural land with any 406
471		-	nonprofit organization, as defined in Section 501(c)(3) of the Internal 407
472		-	Revenue Code of 1986, or any subsequent corresponding internal 408
473		-	revenue code of the United States, as from time to time amended, 409
474		-	provided the mission of such nonprofit organization is the permanent 410
475		-	protection of agricultural land for the purposes of continued 411
476		-	agricultural use. Such joint ownership agreement may include 412
477		-	provisions for the reimbursement of reasonable expenses incurred in the 413
478		-	joint acquisition of such development rights. Such nonprofit 414 Substitute Bill No. 5228
	460	+	LCO No. 1550 13 of 16
	461	+
	462	+	the purchase price of such development rights is ten thousand dollars 379
	463	+	or more, said commissioner and the owner of such land may enter into 380
	464	+	a written agreement which provides for the payment of the purchase 381
	465	+	price in two or three annual installments, but no interest shall be paid 382
	466	+	on any unpaid balance of such purchase price. 383
	467	+	(f) Whenever the commissioner acquires the development rights to 384
	468	+	any agricultural land, and any municipality in which all or part of the 385
	469	+	land is situated paid a part of the purchase price from a fund established 386
	470	+	pursuant to section 7-131q, such municipality and the state may jointly 387
	471	+	own the development rights. The land may be released from its 388
	472	+	agricultural restriction in accordance with the provisions of subsection 389
	473	+	(d) of this section. The commissioner shall adopt regulations, in 390
	474	+	accordance with the provisions of chapter 54, establishing procedures 391
	475	+	for the joint acquisition of development rights to agricultural land. 392
	476	+	(g) The acquisition of the development rights to any agricultural land 393
	477	+	by the commissioner shall not be deemed to be ownership of such land 394
	478	+	and the state shall not be liable for pollution or contamination of such 395
	479	+	land and no person may bring a civil action against the state for 396
	480	+	damages resulting from pollution or contamination of such agricultural 397
	481	+	land. 398
	482	+	(h) The commissioner may issue a letter of intent requesting the 399
	483	+	assistance of a nonprofit organization, as defined in Section 501(c)(3) of 400
	484	+	the Internal Revenue Code of 1986, or any subsequent corresponding 401
	485	+	internal revenue code of the United States, as from time to time 402
	486	+	amended, in acquiring the development rights to certain agricultural 403
	487	+	land. If such organization acquires such rights it may sell them to the 404
	488	+	commissioner based on a purchase agreement. Such agreement may 405
	489	+	include reimbursement for reasonable expenses incurred in the 406
	490	+	acquisition of the rights as well as payment for the rights. The 407
	491	+	commissioner may enter into joint ownership agreements to acquire the 408
	492	+	development rights to any qualified agricultural land with any 409
	493	+	nonprofit organization, as defined in Section 501(c)(3) of the Internal 410
	494	+	Revenue Code of 1986, or any subsequent corresponding internal 411 Raised Bill No. 5228
479	495
480	496
481		-	LCO 14 of 15
482	497
483		-	organization may, additionally, hold an option to purchase such 415
484		-	agricultural land at agricultural value. 416
485		-	(i) In addition to development rights, the commissioner may acquire 417
486		-	or accept as a gift the rights of the owner to construct any residences or 418
487		-	any farm structures on agricultural land. 419
488		-	(j) The Commissioner of Agriculture, pursuant to any cooperative 420
489		-	agreement with the United States Department of Agriculture for the 421
490		-	disbursement of funds under federal law, may require that any property 422
491		-	to which rights are acquired under this section with such funds shall be 423
492		-	managed in accordance with a conservation plan which utilizes the 424
493		-	standards and specifications of the Natural Resources Conservation 425
494		-	Service field office technical guide and is approved by such service. 426
495		-	Additionally, such conservation plan shall require the establishment of 427
496		-	model pollinator habitat, as described in section 22-90b. Any instrument 428
497		-	by which the commissioner acquires such rights and for which any such 429
498		-	funds are used may provide for a contingent right in the United States 430
499		-	of America in the event that the state of Connecticut fails to enforce any 431
500		-	of the terms of its rights acquired under this section which failure shall 432
501		-	be determined by the United States Secretary of Agriculture. Such 433
502		-	contingent right shall entitle the United States Secretary of Agriculture 434
503		-	to enforce any rights acquired by the state under this section by any 435
504		-	authority provided under law. Such instrument may provide that such 436
505		-	rights shall become vested in the United States of America in the event 437
506		-	that the state of Connecticut attempts to terminate, transfer or otherwise 438
507		-	divest itself of any such rights without the prior consent of the United 439
508		-	States Secretary of Agriculture and payment of consideration to the 440
509		-	United States and may further provide that title to such rights may be 441
510		-	held by the United States of America at any time at the request of the 442
511		-	United States Secretary of Agriculture. In connection with such an 443
512		-	agreement, the commissioner may hold the United States harmless from 444
513		-	any action based on negligence in the procurement or management of 445
514		-	any rights acquired under this section and may assure that proper title 446
515		-	evidence is secured, that the title is insured to the amount of the federal 447
516		-	cost paid for the interest of the United States of America and that, in the 448 Substitute Bill No. 5228
	498	+	LCO No. 1550 14 of 16
	499	+
	500	+	revenue code of the United States, as from time to time amended, 412
	501	+	provided the mission of such nonprofit organization is the permanent 413
	502	+	protection of agricultural land for the purposes of continued 414
	503	+	agricultural use. 415
	504	+	(i) In addition to development rights, the commissioner may acquire 416
	505	+	or accept as a gift the rights of the owner to construct any residences or 417
	506	+	any farm structures on agricultural land. 418
	507	+	(j) The Commissioner of Agriculture, pursuant to any cooperative 419
	508	+	agreement with the United States Department of Agriculture for the 420
	509	+	disbursement of funds under federal law, may require that any property 421
	510	+	to which rights are acquired under this section with such funds shall be 422
	511	+	managed in accordance with a conservation plan which utilizes the 423
	512	+	standards and specifications of the Natural Resources Conservation 424
	513	+	Service field office technical guide and is approved by such service. 425
	514	+	Additionally, such conservation plan shall require the establishment of 426
	515	+	model pollinator habitat, as described in section 22-90b. Any instrument 427
	516	+	by which the commissioner acquires such rights and for which any such 428
	517	+	funds are used may provide for a contingent right in the United States 429
	518	+	of America in the event that the state of Connecticut fails to enforce any 430
	519	+	of the terms of its rights acquired under this section which failure shall 431
	520	+	be determined by the United States Secretary of Agriculture. Such 432
	521	+	contingent right shall entitle the United States Secretary of Agriculture 433
	522	+	to enforce any rights acquired by the state under this section by any 434
	523	+	authority provided under law. Such instrument may provide that such 435
	524	+	rights shall become vested in the United States of America in the event 436
	525	+	that the state of Connecticut attempts to terminate, transfer or otherwise 437
	526	+	divest itself of any such rights without the prior consent of the United 438
	527	+	States Secretary of Agriculture and payment of consideration to the 439
	528	+	United States and may further provide that title to such rights may be 440
	529	+	held by the United States of America at any time at the request of the 441
	530	+	United States Secretary of Agriculture. In connection with such an 442
	531	+	agreement, the commissioner may hold the United States harmless from 443
	532	+	any action based on negligence in the procurement or management of 444
	533	+	any rights acquired under this section and may assure that proper title 445 Raised Bill No. 5228
517	534
518	535
519		-	LCO 15 of 15
520	536
521		-	event of a failure of title, as determined by a court of competent 449
522		-	jurisdiction, and payment of insurance to the state, the state will 450
523		-	reimburse the United States for the amount of the federal cost paid. 451
524		-	(k) The commissioner, when acquiring the development rights of any 452
525		-	agricultural lands on behalf of the state pursuant to this section, may 453
526		-	incorporate deed requirements in accordance with the provisions of the 454
527		-	federal Farm and Ranch Lands Protection Program, 7 CFR 1491.1, et 455
528		-	seq., or under the Agricultural Conservation Easement Program, 7 CFR 456
529		-	1468.1, et seq., or any successive federal farmland protection program. 457
530		-	(l) When executed, an option to purchase at agricultural value may 458
531		-	be included along with the recorded document evidencing an 459
532		-	agricultural restriction on the same land and shall exist in perpetuity, 460
533		-	run with the land, and bind all future owners of the restricted land. Any 461
534		-	municipality or nonprofit organization that acquires such an option to 462
535		-	purchase at agricultural value shall be solely responsible for 463
536		-	enforcement of the option to purchase at agricultural value at such 464
537		-	municipality's or nonprofit organization's sole cost and expense. 465
538		-	(m) Notwithstanding the provisions of subsection (l) of this section, 466
539		-	the Department of Agriculture may establish and administer a grant 467
540		-	funding program for any municipality or nonprofit organization 468
541		-	authorized to hold land for conservation and preservation purposes, to 469
542		-	acquire options to purchase restricted agricultural lands at agricultural 470
543		-	value. 471
	537	+	LCO No. 1550 15 of 16
	538	+
	539	+	evidence is secured, that the title is insured to the amount of the federal 446
	540	+	cost paid for the interest of the United States of America and that, in the 447
	541	+	event of a failure of title, as determined by a court of competent 448
	542	+	jurisdiction, and payment of insurance to the state, the state will 449
	543	+	reimburse the United States for the amount of the federal cost paid. 450
	544	+	(k) The commissioner, when acquiring the development rights of any 451
	545	+	agricultural lands on behalf of the state pursuant to this section, may 452
	546	+	incorporate deed requirements in accordance with the provisions of the 453
	547	+	federal Farm and Ranch Lands Protection Program, 7 CFR 1491.1, et 454
	548	+	seq., or under the Agricultural Conservation Easement Program, 7 CFR 455
	549	+	1468.1, et seq., or any successive federal farmland protection program. 456
	550	+	(l) A restriction may include a provision that enables a municipality 457
	551	+	or a nonprofit land trust to acquire, at the expense of such municipality 458
	552	+	or land trust, an option to purchase such restricted agricultural land at 459
	553	+	agricultural value. If executed, an option to purchase at agricultural 460
	554	+	value may be included within the recorded document evidencing an 461
	555	+	agricultural restriction on such land and shall exist in perpetuity upon 462
	556	+	such land and bind all future owners of such land. The municipality or 463
	557	+	nonprofit land trust that acquires such an option to purchase at 464
	558	+	agricultural value shall be solely responsible for enforcement of such 465
	559	+	option at its own cost. 466
	560	+	(m) Within available appropriations, the Department of Agriculture 467
	561	+	may establish and administer a grant program to fund the acquisition of 468
	562	+	options to purchase at agricultural value by municipalities and 469
	563	+	nonprofit land trusts. 470
544	564		This act shall take effect as follows and shall amend the following
545	565		sections:
546	566
547	567		Section 1 October 1, 2024 22-26bb
548	568		Sec. 2 October 1, 2024 22-26cc
549	569		Sec. 3 October 1, 2024 22-26nn
	570	+	Raised Bill No. 5228
550	571
551		-	ENV Joint Favorable Subst.
	572	+
	573	+
	574	+	LCO No. 1550 16 of 16
	575	+
	576	+	Statement of Purpose:
	577	+	To authorize the issuance of state funds for municipalities and
	578	+	nonprofits to purchase options to purchase preserved agricultural lands
	579	+	at agricultural value.
	580	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	581	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	582	+	underlined.]
552	583