Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S42 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 875 FILED ON: 1/18/2023
3	3	SENATE . . . . . . . . . . . . . . No. 42
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Joanne M. Comerford
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 strengthening local food systems.
13	13	_______________
14	14	PETITION OF:
15	15	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
16	16	Hampshire
17	17	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
18	18	SENATE DOCKET, NO. 875 FILED ON: 1/18/2023
19	19	SENATE . . . . . . . . . . . . . . No. 42
20	20	By Ms. Comerford, a petition (accompanied by bill, Senate, No. 42) of Joanne M. Comerford,
21	21	Susannah M. Whipps, Hannah Kane, Susan Williams Gifford and other members of the General
22	22	Court for legislation to strengthen local food systems. Agriculture.
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 strengthening local food systems.
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. Chapter 6A of the General Laws is hereby amended by inserting after
32	32	2section 18Z the following section:-
33	33	3 Section 18AA. The Massachusetts emergency management agency shall consider and
34	34	4develop, in all emergency preparedness planning efforts, plans for supporting agricultural,
35	35	5seafood, and processed food production in the commonwealth in order to mitigate the impacts of
36	36	6food supply chain disruptions. Plans shall be developed in coordination with the department of
37	37	7agricultural resources, the department of public health, and the department of transitional
38	38	8assistance, and shall include consideration for production, transportation, storage, and
39	39	9distribution.
40	40	10 SECTION 2. Section 6C of chapter 20 of the General Laws is amended by inserting after
41	41	11subsection (g) the following subsection:- 2 of 6
42	42	12 (h) The council shall appoint a full time food system coordinator as an employee. The
43	43	13food system coordinator shall have access to all relevant agency meetings; serve in an advisory
44	44	14capacity to all relevant departments to inventory existing state programs which relate to the food
45	45	15system across all state agencies, including, but not limited to, agencies associated with the
46	46	16council; facilitate communication and resource collaboration across state agencies; develop and
47	47	17track metrics related to food system goals; identify opportunities to eliminate duplicative efforts
48	48	18and strengthen complementary programs and projects; identify gaps in services and supports and
49	49	19make recommendations; and provide input to help coordinate outreach to underserved
50	50	20communities. The food system coordinator shall submit a report 1 week prior to each council
51	51	21meeting with findings, progress updates, and recommendations to the clerks of the senate and the
52	52	22house of representatives, the council, relevant department secretaries, and relevant department
53	53	23commissioners.
54	54	24 SECTION 3. Chapter 20 of the General Laws is hereby amended by inserting after
55	55	25section 6C the following section:-
56	56	26 Section 6D. There shall be established within the department a circuit rider program to
57	57	27provide on-site guidance to businesses in the commonwealth that are regulated by the department
58	58	28of agricultural resources about state programs, regulations, and funding opportunities. Subject to
59	59	29appropriation, the commissioner shall designate a program director. The director shall establish
60	60	30places at which and the methods whereby farmers may make requests for a farm visit by program
61	61	31staff at no cost. Program staff shall coordinate with state agencies as necessary to assist farmers
62	62	32with compliance. Farm visits under the circuit rider program shall be made in a non-enforcement
63	63	33capacity. 3 of 6
64	64	34 SECTION 4. The second sentence of subsection (a) of section 23 of chapter 20 of the
65	65	35General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the
66	66	36words “agricultural purposes,” in line 14, the following words:- ; provided, that the committee or
67	67	37any independent appraisal to determine the fair market value of the land restricted for
68	68	38agricultural purposes shall include in its valuation the appraised value of any easements and
69	69	39infrastructure including dwellings, structures, plumbing and irrigation systems on the entire
70	70	40parcel in its fair market value consideration or any payment.
71	71	41 SECTION 5. Chapter 20 of the General Laws is hereby amended by inserting after
72	72	42section 32 the following section:-
73	73	43 Section 33. Notwithstanding any general or special law to the contrary, the secretary of
74	74	44energy and environmental affairs shall establish a program to acquire by purchase, gift, lease,
75	75	45eminent domain, or otherwise lands and waters and easements therein to protect and conserve
76	76	46land for the purpose of furthering the department’s mission, including, but not limited to,
77	77	47retaining land in agricultural or horticultural use as defined by section 1A of chapter 128 and
78	78	48providing affordable and equitable access to agricultural and horticultural lands.
79	79	49 The commissioner may, from funds appropriated to carry out this section or from funds
80	80	50received from other sources, compensate a landowner for the acquisition of real estate in such
81	81	51amount as is determined by the commissioner to be equitable in consideration of anticipated
82	82	52benefits from such acquisition in accordance with land acquisition regulations of the department.
83	83	53The commissioner may use departmental funds to create, replace, and maintain appropriate
84	84	54infrastructure and improvements that the department deems consistent with the goals of this
85	85	55section and the department’s mission. 4 of 6
86	86	56 The department may lease, license, or otherwise manage these lands as it sees fit in its
87	87	57sole discretion to best carry out this section and the department’s mission and goals.
88	88	58 Acquisition of land or water under this section shall not guarantee any public access
89	89	59unless otherwise agreed to by the department.
90	90	60 The department may promulgate rules and regulations relative to the rights, privileges
91	91	61and use of lands, waters, real estate interests and associated improvements acquired and
92	92	62maintained hereunder.
93	93	63 The department may dispose of such real estate as permitted under section 5A of chapter
94	94	643 or through the sale to a qualified farmer or beginning farmer in conjunction with permanent
95	95	65protection of the real estate interest such as through an agricultural preservation restriction to the
96	96	66commonwealth or other qualified conservation entity.
97	97	67 SECTION 6. Chapter 29 of the General Laws is hereby amended by inserting after
98	98	68section 2QQQQQ the following section:-
99	99	69 Section 2RRRRR. (a) There shall be established and set up on the books of the
100	100	70commonwealth a separate fund to be known as the Next Generation Farmers Fund. The fund
101	101	71shall be administered by the secretary of energy and environmental affairs, in consultation with
102	102	72the secretary of labor and workforce development.
103	103	73 (b) The fund shall be credited with $3,000,000 annually from the Massachusetts
104	104	74Alternative and Clean Energy Investment Trust Fund, established by section 35FF of chapter 10,
105	105	75for an agricultural workforce development grant program. Said program shall award grants to the
106	106	76commonwealth’s higher education institutions, vocational technical schools, or community- 5 of 6
107	107	77based organizations that have existing programs for providing workforce development training to
108	108	78first time farmers or the capacity to create such programs. Priority consideration shall be given to
109	109	79programs that serve a high percentage of minority or low-income students or people with
110	110	80disabilities, as well as programs that include hands-on training and training in agricultural
111	111	81practices that mitigate climate change and protect the environment. Not less than $3,000,000
112	112	82annually from this fund shall go to programs that provide training in agriculture as defined by
113	113	83section 1A of chapter 128, provided that not more than $1,000,000 shall be granted annually to
114	114	84programs providing training in the growing and harvesting of forest products upon forest land.
115	115	85 (c) A report detailing the expenditures of the fund shall be submitted annually on or
116	116	86before May 30 to the clerks of the house of representatives and the senate, the house and senate
117	117	87committees on ways and means, the committees on economic development and emerging
118	118	88technologies and the committee on environment, natural resources and agriculture.
119	119	89 SECTION 7. Chapter 61A of the General Laws is hereby amended by striking out section
120	120	902 and inserting in place thereof the following section:-
121	121	91 Section 2. Land shall be considered to be in horticultural use when primarily and directly
122	122	92used in raising fruits, vegetables, berries, nuts and other foods for human consumption, feed for
123	123	93animals, tobacco, flower, sod, trees, nursery or greenhouse products, and ornamental plants and
124	124	94shrubs for the purpose of selling these products or a product derived from such plants in the
125	125	95regular course of business; or when primarily and directly used in raising forest products under a
126	126	96certified forest management plan, approved by and subject to procedures established by the state
127	127	97forester, designed to improve the quantity and quality of a continuous crop for the purpose of
128	128	98selling these products in the regular course of business; or when primarily and directly used in a 6 of 6
129	129	99related manner which is incidental to those uses and represents a customary and necessary use in
130	130	100raising these products and preparing them for market or the products derived therefrom for
131	131	101market.