Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H135 Compare Versions

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22 HOUSE DOCKET, NO. 2456 FILED ON: 1/16/2025
33 HOUSE . . . . . . . . . . . . . . . No. 135
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Steven J. Ouellette
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act protecting the viability of farms in the Commonwealth.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :DATE ADDED:Steven J. Ouellette8th Bristol1/16/2025 1 of 2
1616 HOUSE DOCKET, NO. 2456 FILED ON: 1/16/2025
1717 HOUSE . . . . . . . . . . . . . . . No. 135
1818 By Representative Ouellette of Westport, a petition (accompanied by bill, House, No. 135) of
1919 Steven J. Ouellette relative to the impact of proposed rules and regulations on commercial
2020 agricultural operations. Agriculture.
2121 [SIMILAR MATTER FILED IN PREVIOUS SESSION
2222 SEE HOUSE, NO. 98 OF 2023-2024.]
2323 The Commonwealth of Massachusetts
2424 _______________
2525 In the One Hundred and Ninety-Fourth General Court
2626 (2025-2026)
2727 _______________
2828 An Act protecting the viability of farms in the Commonwealth.
2929 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
3030 of the same, as follows:
3131 1 Chapter 30A of the General Laws, as appearing in the 2020 Official Edition, is hereby
3232 2amended by adding at the end thereof the following:-
3333 3 Section 18. All state and regional agencies, boards and commissions shall, before any
3434 4rule, regulation, or other regulatory requirement is promulgated, make public and post in writing
3535 5whether such rule, regulation, or other regulatory requirement will potentially have an adverse
3636 6impact on commercial agricultural operations based in the Commonwealth. For the purposes of
3737 7this section, “agricultural” shall mean pertaining to agriculture as defined in section one A of
3838 8chapter one hundred and twenty-eight. Further, if such rule, regulation, or other regulatory
3939 9requirement is determined to have such a potential impact on agriculture, the responsible agency,
4040 10board, or commission, in conjunction with the department of food and agriculture, shall conduct 2 of 2
4141 11an impact assessment to determine the extent of such impact, including, but not limited to, the
4242 12effect on future land use and related environmental impacts, including costs, and submit to the
4343 13joint committee on natural resources and agriculture and to the house and senate committees on
4444 14ways and means a copy of their findings at least forty-five days prior to promulgation.
4545 15 All city and town agencies, boards, and commissions shall, before enacting any rule,
4646 16regulation, law, bylaw, ordinance, or other regulatory requirement that will potentially have an
4747 17adverse impact on commercial agricultural operations based in the Commonwealth, complete a
4848 18form prescribed by the department of food and agriculture at least ninety days prior to final
4949 19enactment of the regulatory requirement. In the case of by-laws, ordinances, and other
5050 20requirements subject to review by the Attorney General, such form shall be submitted to the
5151 21department of food and agriculture on the same date a by-law, ordinance, or other requirement is
5252 22submitted to the Attorney General. No regulatory action described in this section, except those of
5353 23an emergency nature expiring in six months or less for the purposes of protecting health and
5454 24safety of persons, shall take effect until the provisions of this section have been complied with.
5555 25 If the impact assessment yields that such proposed rule, regulation, or other regulatory
5656 26requirement will have a negative impact of $500 per year and/or 20 hours per year in labor in
5757 27cost a copy of these findings shall be submitted to the board of agriculture for comments and
5858 28suggestions to mitigate such cost or negative impact and their findings are to be returned to the
5959 29joint committee on natural resources and agriculture and to the house and senate committees on
6060 30ways and means no more than 15 days prior to promulgation.