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2 | 2 | | HOUSE DOCKET, NO. 2456 FILED ON: 1/16/2025 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 135 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Steven J. Ouellette |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act protecting the viability of farms in the Commonwealth. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Steven J. Ouellette8th Bristol1/16/2025 1 of 2 |
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16 | 16 | | HOUSE DOCKET, NO. 2456 FILED ON: 1/16/2025 |
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17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 135 |
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18 | 18 | | By Representative Ouellette of Westport, a petition (accompanied by bill, House, No. 135) of |
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19 | 19 | | Steven J. Ouellette relative to the impact of proposed rules and regulations on commercial |
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20 | 20 | | agricultural operations. Agriculture. |
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21 | 21 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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22 | 22 | | SEE HOUSE, NO. 98 OF 2023-2024.] |
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23 | 23 | | The Commonwealth of Massachusetts |
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24 | 24 | | _______________ |
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25 | 25 | | In the One Hundred and Ninety-Fourth General Court |
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26 | 26 | | (2025-2026) |
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27 | 27 | | _______________ |
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28 | 28 | | An Act protecting the viability of farms in the Commonwealth. |
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29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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30 | 30 | | of the same, as follows: |
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31 | 31 | | 1 Chapter 30A of the General Laws, as appearing in the 2020 Official Edition, is hereby |
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32 | 32 | | 2amended by adding at the end thereof the following:- |
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33 | 33 | | 3 Section 18. All state and regional agencies, boards and commissions shall, before any |
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34 | 34 | | 4rule, regulation, or other regulatory requirement is promulgated, make public and post in writing |
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35 | 35 | | 5whether such rule, regulation, or other regulatory requirement will potentially have an adverse |
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36 | 36 | | 6impact on commercial agricultural operations based in the Commonwealth. For the purposes of |
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37 | 37 | | 7this section, “agricultural” shall mean pertaining to agriculture as defined in section one A of |
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38 | 38 | | 8chapter one hundred and twenty-eight. Further, if such rule, regulation, or other regulatory |
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39 | 39 | | 9requirement is determined to have such a potential impact on agriculture, the responsible agency, |
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40 | 40 | | 10board, or commission, in conjunction with the department of food and agriculture, shall conduct 2 of 2 |
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41 | 41 | | 11an impact assessment to determine the extent of such impact, including, but not limited to, the |
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42 | 42 | | 12effect on future land use and related environmental impacts, including costs, and submit to the |
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43 | 43 | | 13joint committee on natural resources and agriculture and to the house and senate committees on |
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44 | 44 | | 14ways and means a copy of their findings at least forty-five days prior to promulgation. |
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45 | 45 | | 15 All city and town agencies, boards, and commissions shall, before enacting any rule, |
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46 | 46 | | 16regulation, law, bylaw, ordinance, or other regulatory requirement that will potentially have an |
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47 | 47 | | 17adverse impact on commercial agricultural operations based in the Commonwealth, complete a |
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48 | 48 | | 18form prescribed by the department of food and agriculture at least ninety days prior to final |
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49 | 49 | | 19enactment of the regulatory requirement. In the case of by-laws, ordinances, and other |
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50 | 50 | | 20requirements subject to review by the Attorney General, such form shall be submitted to the |
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51 | 51 | | 21department of food and agriculture on the same date a by-law, ordinance, or other requirement is |
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52 | 52 | | 22submitted to the Attorney General. No regulatory action described in this section, except those of |
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53 | 53 | | 23an emergency nature expiring in six months or less for the purposes of protecting health and |
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54 | 54 | | 24safety of persons, shall take effect until the provisions of this section have been complied with. |
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55 | 55 | | 25 If the impact assessment yields that such proposed rule, regulation, or other regulatory |
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56 | 56 | | 26requirement will have a negative impact of $500 per year and/or 20 hours per year in labor in |
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57 | 57 | | 27cost a copy of these findings shall be submitted to the board of agriculture for comments and |
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58 | 58 | | 28suggestions to mitigate such cost or negative impact and their findings are to be returned to the |
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59 | 59 | | 29joint committee on natural resources and agriculture and to the house and senate committees on |
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60 | 60 | | 30ways and means no more than 15 days prior to promulgation. |
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