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SENATE DOCKET, NO. 875 FILED ON: 1/18/2023
SENATE . . . . . . . . . . . . . . No. 42
The Commonwealth of Massachusetts
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PRESENTED BY:
Joanne M. Comerford
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act strengthening local food systems.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :Joanne M. ComerfordHampshire, Franklin and WorcesterSusannah M. Whipps2nd Franklin1/27/2023Hannah Kane11th Worcester1/27/2023Susan Williams Gifford2nd Plymouth1/27/2023Jason M. LewisFifth Middlesex1/31/2023Anne M. GobiWorcester and Hampshire2/6/2023Thomas M. Stanley9th Middlesex2/8/2023Vanna Howard17th Middlesex2/15/2023Paul W. MarkBerkshire, Hampden, Franklin and
Hampshire
2/15/2023James B. EldridgeMiddlesex and Worcester2/20/2023Walter F. TimiltyNorfolk, Plymouth and Bristol2/21/2023Sal N. DiDomenicoMiddlesex and Suffolk3/10/2023 1 of 6
SENATE DOCKET, NO. 875 FILED ON: 1/18/2023
SENATE . . . . . . . . . . . . . . No. 42
By Ms. Comerford, a petition (accompanied by bill, Senate, No. 42) of Joanne M. Comerford,
Susannah M. Whipps, Hannah Kane, Susan Williams Gifford and other members of the General
Court for legislation to strengthen local food systems. Agriculture.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act strengthening local food systems.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Chapter 6A of the General Laws is hereby amended by inserting after
2section 18Z the following section:-
3 Section 18AA. The Massachusetts emergency management agency shall consider and
4develop, in all emergency preparedness planning efforts, plans for supporting agricultural,
5seafood, and processed food production in the commonwealth in order to mitigate the impacts of
6food supply chain disruptions. Plans shall be developed in coordination with the department of
7agricultural resources, the department of public health, and the department of transitional
8assistance, and shall include consideration for production, transportation, storage, and
9distribution.
10 SECTION 2. Section 6C of chapter 20 of the General Laws is amended by inserting after
11subsection (g) the following subsection:- 2 of 6
12 (h) The council shall appoint a full time food system coordinator as an employee. The
13food system coordinator shall have access to all relevant agency meetings; serve in an advisory
14capacity to all relevant departments to inventory existing state programs which relate to the food
15system across all state agencies, including, but not limited to, agencies associated with the
16council; facilitate communication and resource collaboration across state agencies; develop and
17track metrics related to food system goals; identify opportunities to eliminate duplicative efforts
18and strengthen complementary programs and projects; identify gaps in services and supports and
19make recommendations; and provide input to help coordinate outreach to underserved
20communities. The food system coordinator shall submit a report 1 week prior to each council
21meeting with findings, progress updates, and recommendations to the clerks of the senate and the
22house of representatives, the council, relevant department secretaries, and relevant department
23commissioners.
24 SECTION 3. Chapter 20 of the General Laws is hereby amended by inserting after
25section 6C the following section:-
26 Section 6D. There shall be established within the department a circuit rider program to
27provide on-site guidance to businesses in the commonwealth that are regulated by the department
28of agricultural resources about state programs, regulations, and funding opportunities. Subject to
29appropriation, the commissioner shall designate a program director. The director shall establish
30places at which and the methods whereby farmers may make requests for a farm visit by program
31staff at no cost. Program staff shall coordinate with state agencies as necessary to assist farmers
32with compliance. Farm visits under the circuit rider program shall be made in a non-enforcement
33capacity. 3 of 6
34 SECTION 4. The second sentence of subsection (a) of section 23 of chapter 20 of the
35General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the
36words “agricultural purposes,” in line 14, the following words:- ; provided, that the committee or
37any independent appraisal to determine the fair market value of the land restricted for
38agricultural purposes shall include in its valuation the appraised value of any easements and
39infrastructure including dwellings, structures, plumbing and irrigation systems on the entire
40parcel in its fair market value consideration or any payment.
41 SECTION 5. Chapter 20 of the General Laws is hereby amended by inserting after
42section 32 the following section:-
43 Section 33. Notwithstanding any general or special law to the contrary, the secretary of
44energy and environmental affairs shall establish a program to acquire by purchase, gift, lease,
45eminent domain, or otherwise lands and waters and easements therein to protect and conserve
46land for the purpose of furthering the department’s mission, including, but not limited to,
47retaining land in agricultural or horticultural use as defined by section 1A of chapter 128 and
48providing affordable and equitable access to agricultural and horticultural lands.
49 The commissioner may, from funds appropriated to carry out this section or from funds
50received from other sources, compensate a landowner for the acquisition of real estate in such
51amount as is determined by the commissioner to be equitable in consideration of anticipated
52benefits from such acquisition in accordance with land acquisition regulations of the department.
53The commissioner may use departmental funds to create, replace, and maintain appropriate
54infrastructure and improvements that the department deems consistent with the goals of this
55section and the department’s mission. 4 of 6
56 The department may lease, license, or otherwise manage these lands as it sees fit in its
57sole discretion to best carry out this section and the department’s mission and goals.
58 Acquisition of land or water under this section shall not guarantee any public access
59unless otherwise agreed to by the department.
60 The department may promulgate rules and regulations relative to the rights, privileges
61and use of lands, waters, real estate interests and associated improvements acquired and
62maintained hereunder.
63 The department may dispose of such real estate as permitted under section 5A of chapter
643 or through the sale to a qualified farmer or beginning farmer in conjunction with permanent
65protection of the real estate interest such as through an agricultural preservation restriction to the
66commonwealth or other qualified conservation entity.
67 SECTION 6. Chapter 29 of the General Laws is hereby amended by inserting after
68section 2QQQQQ the following section:-
69 Section 2RRRRR. (a) There shall be established and set up on the books of the
70commonwealth a separate fund to be known as the Next Generation Farmers Fund. The fund
71shall be administered by the secretary of energy and environmental affairs, in consultation with
72the secretary of labor and workforce development.
73 (b) The fund shall be credited with $3,000,000 annually from the Massachusetts
74Alternative and Clean Energy Investment Trust Fund, established by section 35FF of chapter 10,
75for an agricultural workforce development grant program. Said program shall award grants to the
76commonwealth’s higher education institutions, vocational technical schools, or community- 5 of 6
77based organizations that have existing programs for providing workforce development training to
78first time farmers or the capacity to create such programs. Priority consideration shall be given to
79programs that serve a high percentage of minority or low-income students or people with
80disabilities, as well as programs that include hands-on training and training in agricultural
81practices that mitigate climate change and protect the environment. Not less than $3,000,000
82annually from this fund shall go to programs that provide training in agriculture as defined by
83section 1A of chapter 128, provided that not more than $1,000,000 shall be granted annually to
84programs providing training in the growing and harvesting of forest products upon forest land.
85 (c) A report detailing the expenditures of the fund shall be submitted annually on or
86before May 30 to the clerks of the house of representatives and the senate, the house and senate
87committees on ways and means, the committees on economic development and emerging
88technologies and the committee on environment, natural resources and agriculture.
89 SECTION 7. Chapter 61A of the General Laws is hereby amended by striking out section
902 and inserting in place thereof the following section:-
91 Section 2. Land shall be considered to be in horticultural use when primarily and directly
92used in raising fruits, vegetables, berries, nuts and other foods for human consumption, feed for
93animals, tobacco, flower, sod, trees, nursery or greenhouse products, and ornamental plants and
94shrubs for the purpose of selling these products or a product derived from such plants in the
95regular course of business; or when primarily and directly used in raising forest products under a
96certified forest management plan, approved by and subject to procedures established by the state
97forester, designed to improve the quantity and quality of a continuous crop for the purpose of
98selling these products in the regular course of business; or when primarily and directly used in a 6 of 6
99related manner which is incidental to those uses and represents a customary and necessary use in
100raising these products and preparing them for market or the products derived therefrom for
101market.