Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S2073 Compare Versions

Only one version of the bill is available at this time.

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1	1	1 of 1
2	2	SENATE DOCKET, NO. 680 FILED ON: 1/17/2023
3	3	SENATE . . . . . . . . . . . . . . No. 2073
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Bruce E. Tarr
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act establishing the Executive Office of Food Resources and Security.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Bruce E. TarrFirst Essex and Middlesex 1 of 10
16	16	SENATE DOCKET, NO. 680 FILED ON: 1/17/2023
17	17	SENATE . . . . . . . . . . . . . . No. 2073
18	18	By Mr. Tarr, a petition (accompanied by bill, Senate, No. 2073) of Bruce E. Tarr for legislation
19	19	to establish an executive office of food resources and security. State Administration and
20	20	Regulatory Oversight.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE SENATE, NO. 2116 OF 2021-2022.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act establishing the Executive Office of Food Resources and Security.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Section 2 of chapter 6A of the General Laws, as appearing in the 2020
32	32	2Official Edition, is hereby amended by inserting after the word “affairs”, in line 3, the following
33	33	3words:- , food resources and security.
34	34	4 SECTION 2. Section 3 of chapter 23G of the General Laws is hereby amended by
35	35	5inserting after the word “projects”, in line 92, as appearing in the 2020 Official Edition, the
36	36	6following words:- and loans to food producers selected by the department of investment and
37	37	7financing for food production pursuant to section 10 of chapter 28B.
38	38	8 SECTION 3. The General Laws are hereby amended by inserting after section 28A the
39	39	9following chapter:- 2 of 10
40	40	10 CHAPTER 28B.
41	41	11 EXECUTIVE OFFICE OF FOOD RESOURCES AND SECURITY
42	42	12 Section 1. As used in this chapter, the following words shall, unless the context clearly
43	43	13requires otherwise, have the following meanings:-
44	44	14 “Food Producer”, a person who produces food by farming, as that term is defined in
45	45	15section 1A of chapter 128, in the commonwealth, or by taking and selling fish, including
46	46	16shellfish, lobsters, edible crabs or other living marine resources, from coastal waters of the
47	47	17commonwealth under a commercial fishing license, permit or certificate issued pursuant to
48	48	18chapter 130.
49	49	19 “Food production”, the process by which a food producer cultivates, raises, harvests,
50	50	20collects, takes, gathers or otherwise handles plant or animal life, in whole or in part, whether or
51	51	21not embedded in the soil, for the purpose of offering for sale such plant or animal life, or part
52	52	22thereof, as food in the open market.
53	53	23 “Office”, the executive office of food resources and security.
54	54	24 “Secretary”, the secretary of food resources and security.
55	55	25 Section 2. There shall be an executive office of food resources and security, which shall
56	56	26be under the supervision and control of a secretary of food resources and security, appointed by
57	57	27the governor. The secretary may, pursuant to chapter 30A, adopt regulations for the
58	58	28implementation or interpretation of any law enforced or administered by any department, office,
59	59	29agency, or other entity in the executive office of food resources and security. In the executive
60	60	30office shall be the department of food production, the department of food labor and workforce 3 of 10
61	61	31development, the department of food innovation, development and research, the department of
62	62	32investment and financing for food production, the department of food security, identification and
63	63	33labeling, the department of economic development for locally-produced food, the department of
64	64	34nutrition and food health and the department of self-sufficiency for food production. Each
65	65	35department shall be headed by a commissioner. The executive office shall be organized and shall
66	66	36function as a single state agency with the authority and control for administrative purposes
67	67	37including, but not limited to, for the purposes of the accounting and financial system of the
68	68	38commonwealth. The secretary shall, notwithstanding any general or special law to the contrary,
69	69	39identify and consolidate administrative activities and functions common to the separate
70	70	40departments within the office and may designate such functions “core administrative functions”
71	71	41in order to improve administrative efficiency and preserve fiscal resources; provided, however,
72	72	42that common functions that shall be designated core administrative functions shall include, but
73	73	43shall not be limited to, human resources, financial management, information technology, legal,
74	74	44procurement and asset management.
75	75	45 Each commissioner shall be appointed and may be removed by the secretary, with the
76	76	46approval of the governor. Each commissioner shall be a person of skill and experience in the
77	77	47field of his appointment. The commissioner of each department may adopt reasonable
78	78	48regulations to allow those employees within his or her department to testify in civil proceedings
79	79	49so as to further the performance of the department's business. The commissioner of each
80	80	50department shall appoint all necessary employees within the department, except as may be
81	81	51otherwise provided by law. The positions of commissioner shall not be subject to the provisions
82	82	52of chapter 31 or section 9A of chapter 30. Each commissioner shall perform such functions as
83	83	53may be assigned to him by the secretary and shall devote his full time during business hours to 4 of 10
84	84	54the duties of the position. In case of a vacancy or an emergency, the secretary may appoint a
85	85	55person as acting commissioner for a period not exceeding 6 months, of any of the above
86	86	56departments, provided, the appointee is a person of skill and experience in the field of his or her
87	87	57appointment. The positions of the commissioners shall be classified in accordance with section
88	88	5845 of chapter 30 and the salaries shall be determined in accordance with section 46C of said
89	89	59chapter 30.
90	90	60 Section 3. The office and its appropriate departments shall carry out policy relative to
91	91	61food production and in so doing shall:
92	92	62 (1) foster and support food producers so they are able to effectively and safely produce,
93	93	63market and sell food in a sustainable manner throughout the commonwealth.
94	94	64 (2) promote job creation and economic development in food production and local food
95	95	65distribution;
96	96	66 (3) create a workforce in food production that gives rise to an attractive environment for
97	97	67next-generation food production workers and researchers;
98	98	68 (4) develop and administer programs and incentives to improve nutrition and promote
99	99	69healthy eating habits across all age groups;
100	100	70 (5) develop statewide polices to increase demand for local foods through marketing and
101	101	71branding initiatives, and improve market and environmental statistics to support such polices;
102	102	72 (6) encourage, support, and undertake research and maintain laboratory and other
103	103	73research facilities to produce information regarding the science of food production, 5 of 10
104	104	74transportation and consumption for the benefit of the commonwealth, its communities, its
105	105	75citizens and other interested parties;
106	106	76 (7) enter into contracts and partnerships with private and public institutions for the
107	107	77advancement of the goals and directives set forth in this chapter;
108	108	78 (8) develop and administer programs and recommendations to reduce input costs, while
109	109	79strengthening financing and business planning for food producers;
110	110	80 (9) develop and administer programs to strengthen food production in the
111	111	81commonwealth so that in the future, Massachusetts would be better suited to feed all its citizens
112	112	82without importation of food from other states;
113	113	83 (10) foster strong relationships with food producers and consumers to achieve the goals
114	114	84and directives set forth in this chapter while creating opportunities for cultural and economic
115	115	85growth for the citizens of this commonwealth;
116	116	86 (11) advise and assist local governments, private and public institutions, organizations
117	117	87and associations, businesses, industries, and individuals by providing and acting as a
118	118	88clearinghouse for food production and labeling and consumption information, data, and other
119	119	89materials;
120	120	90 (12) represent and act on behalf of the commonwealth in connection with federal grant
121	121	91programs;
122	122	92 (13) keep accounts, records, personal data, enter into contracts, adjust claims, accept
123	123	93gifts, grants, bequests and devises, and subject to appropriation, acquire real or personal property
124	124	94by eminent domain or otherwise; 6 of 10
125	125	95 (14) advise and assist state agencies, cities, towns, and other units of local government in
126	126	96the preparation of grant or loan applications with respect to any food production or protection
127	127	97programs;
128	128	98 (15) coordinate activities among public institutions of higher education to engage in
129	129	99complementary state educational programs and collaborative research initiatives regarding food
130	130	100production; and
131	131	101 (16) promulgate rules and regulations necessary to carry out their statutory
132	132	102responsibilities.
133	133	103 Section 4. The secretary shall have the following powers and duties concerning any
134	134	104power or duty assigned to any department:
135	135	105 (1) the power and duty to resolve administrative and jurisdictional conflicts between any
136	136	106such departments or officers;
137	137	107 (2) the power and duty to implement, upon request of any such department or officer,
138	138	108programs jointly agreed to by the secretary and such agency or officer; and
139	139	109 (3) the power and duty to coordinate and improve program activities involving 2 or more
140	140	110such departments or officers.
141	141	111 Section 5. The secretary shall conduct comprehensive planning with respect to the
142	142	112functions of the office and shall coordinate the activities and programs of the departments and
143	143	113divisions within the office. The secretary shall continually review the operations of the office
144	144	114with a view toward improving administrative organization, procedures and practices, promoting
145	145	115economy and efficiency. 7 of 10
146	146	116 The secretary shall prepare annually a report of the organization and activities of the
147	147	117office as individually reported by the various departments and divisions within the office, the
148	148	118assignment of functions to various administrative units, officers and employees, and of the
149	149	119established places at which, and the methods whereby, the public may receive information or
150	150	120may make requests, and such other matters as the secretary deem appropriate.
151	151	121 The secretary shall annually evaluate the status of the production, distribution, labeling
152	152	122and consumption of food within the commonwealth. This evaluation shall be submitted as a part
153	153	123of the report referred to in the preceding paragraph, and it shall be accompanied by
154	154	124recommendations for appropriate actions to be taken to achieve best practices with respect to the
155	155	125production, distribution, labeling and consumption of food within the commonwealth.
156	156	126 In order to carry out the provisions of this chapter the secretary may, and is encouraged
157	157	127to, seek the laboratory, technical, education, and research skills and facilities of state institutions
158	158	128of higher learning.
159	159	129 Section 6. Subject to appropriation, the secretary, with the approval of the governor, may
160	160	130appoint such experts and other assistants as he shall deem necessary to perform the functions of
161	161	131his office, provided that the provisions of chapter 31 and section 9A of chapter 30 shall not apply
162	162	132to any person holding any such appointment. Every person so appointed to any position in his
163	163	133office shall have experience and skill in the field of such position. So far as practicable in the
164	164	134judgment of the secretary, appointments to such positions in his office shall be made by
165	165	135promoting employees of the commonwealth serving in positions which are classified under
166	166	136chapter 31, and such appointments shall at all times reflect the professional needs of the
167	167	137department or division affected. If an employee serving in a position which is classified under 8 of 10
168	168	138chapter 31 or in which he has tenure by reason of section 9A of chapter 30 shall be appointed to
169	169	139a position within his office which is not subject to the provisions of chapter 31, he shall upon
170	170	140termination of his service in such unclassified position be restored to the position which he held
171	171	141immediately prior to such appointment; provided, however, that his service in such unclassified
172	172	142position shall be determined by the civil service commission in accordance with the standards
173	173	143applied by said commission in administering chapter 31. Such restoration shall be made without
174	174	144impairment of his civil service status or tenure under section 9A of chapter 30 and without loss
175	175	145of seniority, retirement, or other rights to which uninterrupted service in such prior position
176	176	146would have entitled him. During the period of such appointment, each person so appointed from
177	177	147a position in the classified civil service shall be eligible to take any competitive promotional
178	178	148examination for which he would otherwise have been eligible.
179	179	149 Section 7. There shall be a department of food production broadly tasked with promoting
180	180	150the effective, profitable and safe production of food throughout farms and fishing communities
181	181	151located in the commonwealth.
182	182	152 Section 8. There shall be a department of food labor and workforce development, which
183	183	153shall: (1) develop programs that provide economic incentive to food producers; (2) create a
184	184	154workforce in food production that gives rise to an attractive environment for future food
185	185	155production workers and researchers; and (3) encourage, support, and undertake research into
186	186	156alternative centers of economic growth for food production and distribution within the
187	187	157commonwealth, including projects like the Gloucester Genomics Institute.
188	188	158 Section 9. There shall be a department of food innovation, development and research,
189	189	159which shall undertake research and maintain laboratory and other research facilities to provide 9 of 10
190	190	160information to food producers and other interested parties regarding the science behind food
191	191	161production. The department shall undertake research regarding the impact that specific
192	192	162environmental, biological, meteorological and chemical conditions have on food production in
193	193	163the commonwealth in order to, develop new sciences, proposals and techniques for the
194	194	164conservation and enhancement of fields, water and wildlife for food production.
195	195	165 Section 10. There shall be a department of investment and financial planning for food
196	196	166production, which shall identify and select food producers who are eligible to receive loans from
197	197	167the Massachusetts Development Finance Agency pursuant to clause (17) of section 3 of chapter
198	198	16823G, based on criteria to be determined by the department; provided, however, in selecting food
199	199	169producers pursuant to this section, the department shall give preference to food producers
200	200	170operating in designated port areas. The department shall research and investigate production and
201	201	171operation methods of food producers, including the possibility and efficacy for producers to
202	202	172utilize shared equipment and infrastructure, and make recommendations to reduce input costs
203	203	173associated with production and transportation. The department shall develop programs and make
204	204	174recommendations to food producers designed to attract entrepreneurs and other new investors
205	205	175with a focus on providing
206	206	176 equity-like, risk capital for production growth to be supplied in smaller amounts and at
207	207	177lower returns.
208	208	178 Section 11. There shall be a department of food security, identification and labeling,
209	209	179which shall develop and administer programs and policies to improve food management and
210	210	180security and shall research the efficacy and implementation of next-generation food tracking 10 of 10
211	211	181systems, food management policies and labeling procedures to ensure a secure food
212	212	182infrastructure in the commonwealth.
213	213	183 Section 12. There shall be a department of economic development for locally-produced
214	214	184food that shall develop and administer public relations campaigns and marketing and branding
215	215	185programs to encourage public institutions and private businesses to purchase locally grown foods
216	216	186in order to strengthen and maintain local food producers positions in the local marketplace.
217	217	187 Section 13. There shall be a department of nutrition and food health, which shall develop
218	218	188and administer a public relations campaign and other programs designed to: (i) provide
219	219	189nutritional education to food producers and consumers; and (ii) encourage consumers to adopt
220	220	190healthy eating habits.
221	221	191 Section 14. There shall be a department of self-sufficiency for food production, which
222	222	192shall develop and administer programs to strengthen food production in the commonwealth so
223	223	193that in the future, Massachusetts would be better suited to feed all its citizens without importation
224	224	194of food from other states.