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SENATE DOCKET, NO. 2144 FILED ON: 1/17/2025
SENATE . . . . . . . . . . . . . . No. 55
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Joanne M. Comerford
_________________
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 fostering agricultural resilience in Massachusetts.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :Joanne M. ComerfordHampshire, Franklin and WorcesterHannah Kane11th Worcester1/31/2025Jason M. LewisFifth Middlesex2/4/2025James B. EldridgeMiddlesex and Worcester3/3/2025Michael O. MooreSecond Worcester3/6/2025 1 of 23
SENATE DOCKET, NO. 2144 FILED ON: 1/17/2025
SENATE . . . . . . . . . . . . . . No. 55
By Ms. Comerford, a petition (accompanied by bill, Senate, No. 55) of Joanne M. Comerford,
Hannah Kane, Jason M. Lewis, James B. Eldridge and others for legislation to strengthen local
food systems. Agriculture.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 2570 OF 2023-2024.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
_______________
An Act fostering agricultural resilience in Massachusetts.
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, as appearing in the 2022 Official Edition,
2is hereby amended by inserting after section 18AA the following section:-
3 Section 18BB. The Massachusetts emergency management agency shall develop and
4maintain a plan for supporting agricultural, seafood and processed food production in the
5commonwealth in all emergency preparedness planning efforts in order to mitigate the impacts
6of food supply chain disruptions. The plan shall be developed in coordination with the
7department of agricultural resources, the department of public health and the department of
8transitional assistance, and shall include consideration for food production, transportation,
9storage and distribution. The plan shall be reviewed and updated every 5 years. The director of
10the Massachusetts emergency management agency shall submit the plan, and subsequent 2 of 23
11required plan revisions, to the house and senate clerks’ offices, the joint committee on agriculture
12and the joint committee on emergency preparedness and management.
13 SECTION 2. Section 6C of chapter 20 of the General Laws, as appearing in the 2022
14Official Edition, is amended by inserting after subsection (g) the following subsection:-
15 (h) The council shall appoint a full time food system coordinator as an employee. The
16food system coordinator shall have access to all relevant agency meetings; serve in an advisory
17capacity to all relevant departments to inventory existing state programs which relate to the food
18system across all state agencies, including, but not limited to, agencies associated with the
19council; facilitate communication and resource collaboration across state agencies; develop and
20track metrics related to food system goals; identify opportunities to eliminate duplicative efforts
21and strengthen complementary programs and projects; identify gaps in services and supports and
22make recommendations; and provide input to help coordinate outreach to underserved
23communities. The food system coordinator shall submit a report 1 week prior to each council
24meeting with findings, progress updates and recommendations to the clerks of the senate and the
25house of representatives, the council, relevant department secretaries and relevant department
26commissioners.
27 SECTION 3. Said chapter 20, as so appearing, is hereby amended by inserting after said
28section 6C the following section:-
29 Section 6D. (a) As used in this section, the following words shall have the following
30meanings:
31 “Local food”, food for human consumption that was grown, raised, caught or processed
32in Massachusetts. 3 of 23
33 (b) It is hereby declared the policy of the commonwealth, the department of agricultural
34resources and the department of transitional assistance to maximize the amount of local food that
35is distributed to Massachusetts residents through state food assistance programs, while
36maintaining affordability for food banks and individuals and fairly valuing local food, in order to
37advance health equity for all residents of the commonwealth and promote a strong local food
38system. This section shall be implemented to achieve this goal.
39 (c) Notwithstanding any general or special law to the contrary, the department of
40agricultural resources, in collaboration with the commonwealth’s 4 regional food banks, the
41executive office of elder affairs, the department of transitional assistance, the department of
42higher education and the department of elementary and secondary education, shall, annually on
43or before October 31, report on the distribution of local food through state food assistance
44programs. The report shall include, but not be limited to, the following:
45 (i) the quantity of local food distributed, by dollar value and as a percentage of total food
46distributed and, where possible, by weight;
47 (ii) a breakdown of the types of local food distributed, including, but not limited to,
48produce, meat, dairy, seafood and processed food, including whether or not the processed food
49includes ingredients grown, raised or caught in Massachusetts, by dollar amounts and as a
50percentage of total food distributed and, where possible, by weight;
51 (iii) the quantity of local food distributed by state food assistance plans including, but not
52limited to, the Massachusetts emergency food assistance program, the Massachusetts healthy
53incentives program, universal free school meals, the hunger-free campus initiative, the farm to
54school FRESH grant program, the senior nutrition program, the Meals on Wheels Program and 4 of 23
55the senior farm share program, by dollar amounts and as a percentage of total food distributed;
56and
57 (iv) agency and departmental recommendations on how Massachusetts can increase the
58amount of local food distributed through state food assistance programs in future fiscal years
59while maintaining affordability for food banks and individuals and fairly valuing local food, as
60well as budgetary or policy recommendations for implementing those recommendations.
61 The report shall be made available on the department of agricultural resources’ website
62and a copy shall be filed with the clerks of the house and senate, the joint committee on
63agriculture and the joint committee on children, families and persons with disabilities.
64 SECTION 4. The second sentence of subsection (a) of section 23 of said chapter 20, as so
65appearing, is hereby amended by inserting after the words “agricultural purposes,” in line 14, the
66following words:- ; provided, that the committee or any independent appraisal to determine the
67fair market value of the land restricted for agricultural purposes shall include in its valuation the
68appraised value of any easements and infrastructure including dwellings, structures, plumbing
69and irrigation systems on the entire parcel in its fair market value consideration or any payment.
70 SECTION 5. Section 24 of said chapter 20, as so appearing, is hereby amended by
71inserting after subsection (d) the following subsection:-
72 (e)(1) As used in this subsection, the following words shall have the following meanings:
73 “Agricultural preservation restriction”, agricultural preservation restriction as defined in
74section 31 of chapter 184. 5 of 23
75 “Farm viability”, the financial and environmental ability of a farm to remain in operation
76and produce crops over the short- and long-term.
77 (2) The committee shall create annual and long-term goals for enrolling land as an
78agricultural preservation restriction. Said goals shall consider the value of a parcel to the
79commonwealth by considering the following factors: acreage, farm viability, soil health, carbon
80sequestration and other ecosystem services, infrastructure, access to markets, access to land
81ownership for historically marginalized communities, environmental justice principles as defined
82by section 62 of chapter 30, vulnerability to being transformed into a non-agricultural use and
83any other factors as determined by the committee.
84 (3) The committee shall post a public notice of availability of the draft goals in the
85environmental monitor and provide a 60-day public comment period. The committee shall duly
86consider and respond to comments received and finalize the goals. The goals shall be updated
87every 5 years, or more frequently, with public review. The committee shall post the final goals,
88and any subsequent updates to the goals, on the department of agricultural resources’ website.
89 (4) The committee shall publish an annual report evaluating their progress to meet the
90goals established pursuant to paragraph (2) of this subsection. Said report shall include, but shall
91not be limited to, the following:
92 (i) The number of acres enrolled in an agricultural preservation restriction during the past
93year and the total number of acres enrolled in an agricultural preservation restriction in the
94commonwealth; 6 of 23
95 (ii) The total number of farms enrolled in an agricultural preservation restriction during
96the past year and the total number of farms enrolled in an agricultural preservation restriction in
97the commonwealth;
98 (iii) The geographic distribution of farms enrolled in an agricultural preservation
99restriction;
100 (iv) Challenges to enrolling new land in an agricultural preservation restriction;
101 (v) Plans for the following year to meet the goals established pursuant to paragraph (2) of
102this subsection; and
103 (vi) Budgetary requests and statutory changes, if needed, in order to achieve the goals
104established pursuant to paragraph (2) of this subsection.
105 The committee shall annually, not later than March 1, submit a copy of the report to the
106clerks of the house of representatives and the senate, the house and senate committees on ways
107and means, the joint committee on agriculture and the joint committee on environment and
108natural resources. The annual reports shall be posted on the department of agricultural resources’
109website.
110 SECTION 6. Said chapter 20 of the General Laws, as so appearing, is hereby further
111amended by adding the following section:-
112 Section 33. There shall be established a food security infrastructure grant program to
113support equitable access to healthy, local food and to strengthen food supply and distribution
114systems in all geographic regions of the commonwealth, which shall be administered by the
115commissioner. The program shall consist of financial assistance to food producers, processors 7 of 23
116and distributors; emergency food distributors; community and food organizations; school meal
117programs and summer meal sponsors; urban farms and community gardens; and nonprofit food
118security organizations to fund capital improvements including: (i) the purchase of new or used
119equipment; (ii) contracted labor costs in order to implement projects; and (iii) costs associated
120with planning and design directly related to capital projects that will allow applicants to
121strengthen and improve the resiliency of the commonwealth’s food system while allowing
122greater access to fresh, local food in a way that addresses systemic inequities.
123 SECTION 7. Chapter 29 of the General Laws, as appearing in the 2022 Official Edition,
124is hereby amended by inserting after section 2DDDDDD the following section:-
125 Section 2EEEEEE. (a) There shall be established and set up on the books of the
126commonwealth a separate fund to be known as the Next Generation Farmers Fund. The fund
127shall be administered by the secretary of labor and workforce development, in consultation with
128the secretary of environmental affairs and the secretary of education.
129 (b) The fund shall be credited with $3,000,000 annually from the Workforce and
130Competitiveness Trust Fund, established by section 2WWW of chapter 28, for an agricultural
131workforce development grant program. Said program shall award grants to the commonwealth’s
132higher education institutions, vocational technical schools or community-based organizations
133that have existing programs for providing workforce development training to first time farmers
134or the capacity to create such programs. Priority consideration shall be given to programs that
135serve a high percentage of historically underserved or low-income students or people with
136disabilities, as well as programs that include hands-on training and training in agricultural
137practices that mitigate climate change and protect the environment. Not less than $3,000,000 8 of 23
138annually from this fund shall go to programs that provide training in agriculture as defined by
139section 1A of chapter 128; provided that not more than $1,000,000 shall be granted annually to
140programs providing training in the growing and harvesting of forest products upon forest land.
141 (c) A report detailing the expenditures of the fund shall be submitted annually on or
142before May 30 to the clerks of the house of representatives and the senate, the house and senate
143committees on ways and means, the joint committee on economic development and emerging
144technologies and the joint committee on agriculture.
145 SECTION 8. Section 20 of chapter 30B of the General Laws, as appearing in the 2022
146Official Edition, is hereby amended by striking, in line 19, the figure “10” and inserting in place
147thereof the following figure:- 20.
148 SECTION 9. Section 3 of chapter 40A of the General Laws, as appearing in the 2022
149Official Edition, is hereby amended by inserting after the word “floriculture”, in lines 6, 10, 24,
15029, 31 to 32, 40 and 47, in each instance, the following word:- , agritourism.
151 SECTION 10. Said section 3 of said chapter 40A, as so appearing, is hereby further
152amended by inserting, after the words “chapter 128”, in line 37, the following words:- , the word
153“agritourism” shall be as defined in section 1B of said chapter 128.
154 SECTION 11. Said section 3 of said chapter 40A, as so appearing, is hereby further
155amended by inserting after the first paragraph the following paragraph:-
156 Nothing in this section shall be construed to prevent any of the zoning ordinance or by-
157law exemptions under this section applying to land on which agritourism activities take place;
158provided, that the uses of this land and the structures thereon conform with the requirements of 9 of 23
159the first paragraph of this section. In considering whether land is used for the primary purpose of
160commercial agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture, the
161presence or lack of agritourism activities located thereon shall not be the sole basis for granting
162or refusing to grant this consideration.
163 SECTION 12. Section 2A of chapter 61A of the General Laws, as appearing in the 2022
164Official Edition, is hereby amended by inserting after subsection (d) the following subsection:-
165 (e) (1) As used in this subsection, the following words shall have the following meanings:
166 “Commissioner”, the commissioner of the department of agricultural resources.
167 “Department”, the department of agricultural resources.
168 “Farmland”, land primarily and directly used for agricultural purposes pursuant to section
1691 of this chapter or land primarily and directly used for horticultural purposes pursuant to section
1702 of this chapter.
171 “Farm viability”, the financial and environmental ability of a farm to remain in operation
172and produce crops over the short- and long-term.
173 (2) Notwithstanding any general or special law to the contrary, the department, in
174consultation with the department of energy resources, once every 10 years or at other such
175frequency as determined by the commissioner, whichever is more frequent, shall review and
176consider whether any amendments to statutory, regulatory and deed-based restrictions on the
177amount of renewable energy allowed to be generated on farmland, including but not limited to,
178land under chapter 61A and land in the agricultural preservation restriction program established
179pursuant to section 23 of chapter 20, would help preserve or improve farm viability. The 10 of 23
180department shall consider whether alternative measures such as updated or modernized farm
181management or business practices could achieve the same or similar improvements in farm
182viability, as well as the commonwealth’s current ability to support farmers in updating said
183practices, in their consideration of whether and which amendments to recommend. The
184department shall additionally factor into their review and considerations the promotion of healthy
185soils and biodiversity, environmental sustainability and the commonwealth’s renewable energy
186goals pursuant to the roadmap plans required under section 5 of said chapter 21N. If the
187department concludes that amendments to the restrictions on the amount of renewable energy
188allowed to be generated on farmland are warranted, the commissioner shall include a list of the
189department’s specific recommended amendments in the department’s report.
190 (3) The department shall report the findings of their review to the clerks of the house of
191representatives and the senate, the house and senate committees on ways and means, the joint
192committee on agriculture and the joint committee on environment and natural resources.
193 SECTION 13. Said chapter 61A of the General Laws is hereby amended by striking out
194section 14, as appearing in the 2022 Official Edition, and inserting in place thereof the following
195section:-
196 Section 14. Land taxed under this chapter shall not be sold for, or converted to,
197residential, industrial or commercial use while so taxed or within 1 year after that time unless the
198city or town in which the land is located and the department of agricultural resources has been
199notified of the intent to sell for, or to convert to, that other use.
200 The discontinuance of agricultural or horticultural use shall not, in itself, for the purposes
201of this section, be considered a conversion. Specific use of land for a residence for the owner, the 11 of 23
202owner's spouse or a parent, grandparent, child, grandchild, or brother or sister of the owner, or
203surviving husband or wife of any deceased such relative, or for living quarters for any persons
204actively employed full-time in the agricultural or horticultural use of such land, shall not be a
205conversion for the purposes of this section, and a certificate of the board of assessors, recorded
206with the registry of deeds, shall conclusively establish that particular use.
207 Any notice of intent to sell for other use shall be accompanied by a statement of intent to
208sell, a statement of proposed use of the land, the location and acreage of land as shown on a map
209drawn at the scale of the assessors map in the city or town in which the land is situated, and the
210name, address and telephone number of the landowner.
211 Any notice of intent to sell for other use shall be accompanied by a certified copy of an
212executed purchase and sale agreement specifying the purchase price and all terms and conditions
213of the proposed sale, which is limited to only the property classified under this chapter, and
214which shall be a bona fide offer as described below.
215 Any notice of intent to sell for other use shall also be accompanied by any additional
216agreements or a statement of any additional consideration for any contiguous land under the
217same ownership, and not classified under this chapter, but sold or to be sold contemporaneously
218with the proposed sale.
219 For the purposes of this chapter, a bona fide offer to purchase shall mean a good faith
220offer, not dependent upon potential changes to current zoning or conditions or contingencies
221relating to the potential for, or the potential extent of, subdivision of the property for residential
222use or the potential for, or the potential extent of development of the property for industrial or 12 of 23
223commercial use, made by a party unaffiliated with the landowner for a fixed consideration
224payable upon delivery of the deed.
225 Any notice of intent to convert to other use shall be accompanied by a statement of intent
226to convert, a statement of proposed use of the land, the location and acreage of land as shown on
227a map drawn at the scale of the assessors map in the city or town in which the land is situated,
228the name, address and telephone number of the landowner and the landowner's attorney, if any.
229 The notice of intent to sell or convert shall be sent by the landowner by certified mail or
230hand delivered to the mayor and city council of a city, or select board of a town, and in the case
231of either a city or a town, to its board of assessors, to its planning board and conservation
232commission, if any, to the commissioner of the department of agricultural resources and to the
233state forester.
234 A notarized affidavit that the landowner has mailed or delivered a notice of intent to sell
235or convert shall be conclusive evidence that the landowner has mailed the notice in the manner
236and at the time specified. Each affidavit shall have attached to it a copy of the notice of intent to
237which it relates.
238 The notice of intent to sell or convert shall be considered to have been duly mailed if
239addressed to the mayor and city council or select board in care of the city or town clerk; to the
240planning board and conservation commission if addressed to them directly; to the department of
241agricultural resources if addressed to the secretary of the executive office of energy and
242environmental affairs or to the commissioner of the department of agricultural resources; to the
243state forester if addressed to the commissioner of the department of conservation and recreation;
244and to the assessors if addressed to them directly. 13 of 23
245 If the notice of intent to sell or convert does not contain all of the material described
246above, then the town or city, within 30 days after receipt, shall notify the landowner in writing
247that notice is insufficient and does not comply.
248 For a period of 120 days after the day following the latest date of deposit in the United
249States mail of any notice which complies with this section, the city or town shall have, in the
250case of intended sale, a first refusal option to meet a bona fide offer to purchase the land. If the
251city or town does not exercise its option, the department of agricultural resources shall then have
252a refusal option to meet a bona fide offer to purchase the land or assign such right.
253 In the case of intended or determined conversion not involving sale, the municipality, or
254the department of agricultural resources if the municipality does not exercise its option, shall
255have an option to purchase the land at full and fair market value to be determined by an impartial
256appraisal performed by a certified appraiser hired at the expense of the municipality or its
257assignee, or the department of agricultural resources or its assignee, the original appraisal to be
258completed and delivered to the landowner within 30 days after the notice of conversion to the
259municipality and the department of agricultural resources. In the event that the landowner is
260dissatisfied with the original appraisal, the landowner may, at the landowner's expense, contract
261for a second appraisal, to be completed within 60 days after the delivery of the notice to convert.
262If, after completion of the second appraisal, the parties cannot agree on a consideration, the
263parties will contract with a mutually acceptable appraiser for a third appraisal whose cost will be
264borne equally by both parties. The third appraisal shall be delivered to both parties within 90
265days after the notice of conversion to the municipality and shall be the final determination of
266consideration. Upon agreement of a consideration, the city or town shall then have 120 days to
267exercise its option. During the appraisal process, the landowner may revoke the intent to convert 14 of 23
268at any time and with no recourse to either party. The department of agricultural resources shall
269only have the ability to exercise its option after the municipality provides written notice of its
270intent to not exercise its option as set forth in this section. The department of agricultural
271resources shall have the remaining time or an additional 60 days, whichever is longer, to exercise
272its option in the same manner and subject as the city or town.
273 The option may be exercised only after a public hearing followed by written notice
274signed by the mayor or select board if the option is exercised by the municipality, or signed by
275the commissioner of the department of agricultural resources if the option is exercised by the
276department of agricultural resources, mailed to the landowner by certified mail at the address that
277is specified in the notice of intent. Notice of public hearing shall be given in accordance with
278section 23B of chapter 39.
279 The notice of exercise shall also be recorded at the registry of deeds and shall contain the
280name of the record owner of the land and description of the premises adequate for identification
281of them.
282 The notice to the landowner of the city or town's or the department of agricultural
283resources’ election to exercise its option shall be accompanied by a proposed purchase and sale
284contract or other agreement between the city or town or the department of agricultural resources
285and the landowner which, if executed, shall be fulfilled within a period of not more than 90 days
286after the date the contract or agreement, endorsed by the landowner, is returned by certified mail
287to the mayor or select board or the commissioner of the department of agricultural resources, or
288upon expiration of any extended period that the landowner has agreed to in writing, whichever is
289later. 15 of 23
290 At the public hearing or a further public hearing, the city or town or the department of
291agricultural resources may assign its option to a nonprofit conservation organization, or to the
292commonwealth or any of its political subdivisions, or in the case of the department of
293agricultural resources, to any individual or entity it determines is fit to ensure the continued
294agricultural use of such land, under the terms and conditions that the mayor or select board or the
295commissioner of the department of agricultural resources may consider appropriate. Notice of
296public hearing shall be given in accordance with section 23B of chapter 39.
297 The assignment shall be for the purpose of maintaining not less than 70 per cent of the
298land in use as forest land as defined in section 1 of chapter 61, as land in agricultural or
299horticultural use as defined in sections 1 and 2 or as recreational land as defined in section 1 of
300chapter 61B, and in no case shall the assignee develop a greater proportion of the land than was
301proposed by the developer whose offer gave rise to the assignment. All land other than land that
302is to be developed shall then be bound by a permanent deed restriction that meets the
303requirements of chapter 184.
304 If the first refusal option has been assigned as provided in this section, the mayor or
305select board or the commissioner of the department of agricultural resources shall provide
306written notice of assignment to the landowner.
307 The notice of assignment shall state the name and address of the individual, entity,
308organization or agency of the commonwealth which will exercise the option in addition to the
309terms and conditions of the assignment. The notice of assignment shall be recorded with the
310registry of deeds. 16 of 23
311 Failure to record either the notice of exercise or the notice of assignment within the 120
312day period or the additional 60 day period if exercised by the department of agricultural
313resources shall be conclusive evidence that the city or town or the department of agricultural
314resources has not exercised its option.
315 If the option has been assigned to an individual, entity, nonprofit conservation
316organization or to the commonwealth or any of its political subdivisions, the option may be
317exercised by the assignee only by written notice to the landowner signed by the assignee, mailed
318to the landowner by certified mail at the address that is specified in the notice of intent. The
319notice of exercise shall also be recorded with the registry of deeds and shall contain the name of
320the record owner of the land and description of the premises adequate for identification of them.
321 The notice of exercise to the landowner shall be accompanied by a proposed purchase
322and sale contract or other agreement between the assignee and landowner which, if executed,
323shall be fulfilled within a period of not more than 90 days, or upon expiration of any extended
324period the landowner has agreed to in writing, from the date the contract or agreement, endorsed
325by the landowner, is returned by certified mail to the assignee.
326 During the 120 day period or the additional 60 day period, the city or town or the
327department of agricultural resources or its assignees, shall have the right, at reasonable times and
328upon reasonable notice, to enter upon the land for the purpose of surveying and inspecting the
329land, including, but not limited to, soil testing for purposes of Title V and the taking of water
330samples.
331 The city or town or the department of agricultural resources or its assignee shall have all
332rights assigned to the buyer in the purchase and sale agreement contained in the notice of intent. 17 of 23
333 If the city or town or the department of agricultural resources elects not to exercise the
334option, and not to assign its right to exercise the option, the city or town or the department of
335agricultural resources shall send written notice of nonexercise, signed by the mayor or select
336board or the commissioner of the department of agricultural resources, to the landowner by
337certified mail at the address that is specified in the notice of intent. The notice of nonexercise
338shall contain the name of the owner of record of the land and description of the premises
339adequate for identification of them and shall be recorded with the registry of deeds.
340 No sale or conversion of the land shall be consummated until the option period has
341expired or the notice of nonexercise has been recorded with the registry of deeds, and no sale of
342the land shall be consummated if the terms of the sale differ in any material way from the terms
343of the purchase and sale agreement which accompanied the bona fide offer to purchase as
344described in the notice of intent to sell except as provided in this section.
345 This section shall not apply to a mortgage foreclosure sale, but the holder of a mortgage
346shall, at least 90 days before a foreclosure sale, send written notice of the time and place of the
347sale to the parties in the manner described in this section for notice of intent to sell or convert,
348and the giving of notice may be established by an affidavit as described in this section.
349 SECTION 14. Said chapter 61A of the General Laws, as so appearing, is hereby further
350amended by inserting after section 24 the following section:-
351 Section 25. (a) As used in this section, the following words shall have the following
352meanings:
353 “Agricultural land”, agricultural land as defined in section 1 of this chapter. 18 of 23
354 “Horticultural land”, horticultural land as defined in section 2 of this chapter.
355 (b) The department of revenue, in consultation with the department of agricultural
356resources, shall establish and maintain a central registry of all agricultural and horticultural land
357in the commonwealth. The department of revenue shall update the registry on an annual basis or
358at other such frequency as determined by the commissioner of revenue, whichever is more
359frequent. The commissioner of revenue shall facilitate information sharing among federal, state
360and local entities. Said registry shall include, but not be limited to, the following:
361 (i) in total and in each municipality, the number of parcels and the number of acres of
362agricultural land and horticultural land;
363 (ii) in total and in each municipality, the number of parcels and the number of acres of
364agricultural land and horticultural land enrolled in this chapter;
365 (iii) in total and in each municipality, the number of parcels of agricultural land and
366horticultural land that are disenrolled from this chapter during that year;
367 (iv) in total and in each municipality, the number of parcels of agricultural land and
368horticultural land that have been newly enrolled this chapter during that year;
369 (v) in total and in each municipality, the number of parcels and the number of acres of
370land receiving the rate of tax applicable to agricultural or horticultural land pursuant to section 4
371of this chapter; and
372 (iv) the percentage of all cropland, as reported in the most recent United States
373Department of Agriculture Census of Agriculture, that is enrolled in this chapter. 19 of 23
374 The department of revenue, in consultation with the department of agricultural resources,
375shall integrate the data from the central registry into a publicly accessible, interactive map with
376data shown at both the individual parcel and municipal level. The map shall be created in a
377format that allows for comparison and overlays with existing maps of soil conditions and types.
378 The department of revenue shall make its data collection methodologies, findings and all
379of the data within the central registry and map accessible to the department of agricultural
380resources. The department shall make the central registry and the map publicly available,
381downloadable and searchable on its website.
382 SECTION 15. Chapter 75 of the General Laws is hereby amended by striking out section
38314D, as appearing in the 2022 Official Edition, and inserting in place thereof the following
384section:-
385 Section 14D. There shall be within the University of Massachusetts a University of
386Massachusetts Extension Board of Public Overseers for the purpose of advising and assisting the
387chancellor of the University of Massachusetts at Amherst in the mission, budget, operation and
388management of University of Massachusetts Extension programs. Nothing in this section shall
389directly affect the employment status of personnel.
390 The board shall consist of 1 member of the senate, who shall be appointed by the senate
391president; 1 member who shall be appointed by the minority leader of the senate; 1 member of
392the house of representatives, who shall be appointed by the speaker of the house; 1 member who
393shall be appointed by the minority leader of the house of representatives; a designee of the
394president of the university; a designee of the chancellor of the University of Massachusetts at
395Amherst; the commissioner of food and agriculture; and the following persons to be appointed 20 of 23
396by the governor: 3 members of the Massachusetts Farm Bureau Federation, Inc. chosen from a
397list of 12 members submitted by said federation; 1 member of the Massachusetts 4–H
398Foundation, Inc. chosen from a list of 3 members submitted by said organization; 1 member of
399the Massachusetts Forestry Association chosen from a list of 3 members submitted by said
400association; 1 member of the Massachusetts Audubon Society chosen from a list of 3 members
401submitted by said society; 1 member of the Massachusetts Arborists Association chosen from a
402list of 3 members submitted by said association; 1 member of a Buy Local organization chosen
403from a list of 3 members submitted by said organization; 1 member of the Massachusetts Food
404System Collaborative chosen from a list of 3 members submitted by said collaborative; 1
405member from an organization engaged in urban farming education or practices; and 2 members
406of organizations that support historically marginalized or new entry farmers and food producers.
407The chancellor of the University of Massachusetts at Amherst shall appoint the chairperson from
408among the membership of the board. Members of the board shall serve without compensation but
409shall be reimbursed, subject to appropriation, out of any funds available for the purpose, for
410necessary expenses incurred in the performance of their official duties.
411 The appointed members of the board shall serve for terms of 5 years, except for persons
412appointed to fill vacancies, who shall serve for the unexpired term. The board shall hold an
413annual meeting in January and at least 3 other times during the year. The University of
414Massachusetts Extension director shall attend all meetings of the board and shall serve as
415secretary but shall have no vote in its deliberation. 10 members of the board shall constitute a
416quorum. The board may, by vote of its members then in office, adopt a policy for the conduct of
417business, including constitution of board membership. Policies may be amended or repealed by a
418two-thirds vote of its members. 21 of 23
419 The director shall prepare an annual budget for board consideration. Such budget shall be
420adopted by the board and approved by the chancellor of the University of Massachusetts at
421Amherst. The director shall annually render a complete and detailed report of the activities,
422outcomes, revenue and expenditures to the board.
423 The university on behalf of the board may receive, manage and disburse grants and
424donations from governmental agencies, other colleges and universities, corporations,
425foundations, associations and individuals for the purpose of funding the University of
426Massachusetts Extension and agricultural research programs. Further, the university on behalf of
427the board may establish and administer trust funds to support such programs.
428 SECTION 16. Chapter 128 of the General Laws, as appearing in the 2022 Official
429Edition, is hereby amended by inserting after section 1A the following section:-
430 Section 1B. (a) For the purposes of this section, the following terms shall, unless the
431context clearly requires otherwise, have the following meanings:
432 "Agritourism", an agriculturally related educational, entertainment, historical, cultural,
433commercial or recreational activity that allows or invites members of the general public to
434observe, participate in, experience and enjoy that activity, and that primarily serves to encourage
435the purchase of agricultural products grown on the land where the activity takes place.
436 “Land”, an entire parcel of land or multiple contiguous whole parcels of land owned by
437the same person.
438 (b) Agritourism may be conducted on land primarily used for commercial agriculture,
439aquaculture, silviculture, horticulture, floriculture or viticulture. Agritourism may be conducted 22 of 23
440on land not primarily used for commercial agriculture, aquaculture, silviculture, horticulture,
441floriculture or viticulture if: (i) at least 75 per cent of the acreage of said land is dedicated to
442agriculture; (ii) at least 50 per cent of the agricultural product produced on said land, by either
443gross annual sales or annual volume, is utilized in agritourism activities; (iii) at least 25 per cent
444of the gross annual income from all activities on the land on which the agritourism activity is
445located results from the sale of products that have been produced on said land; and (iv) at least an
446additional 50 per cent of the gross annual income from all activities on said land results from the
447sale of products that have been produced on said land or on land in Massachusetts used for the
448primary purpose of commercial agriculture, aquaculture, silviculture, horticulture, floriculture or
449viticulture.
450 SECTION 17. Notwithstanding any general or special law to the contrary, the executive
451office of health and human services, in consultation with the division of insurance and the
452department of agricultural resources, shall conduct a comprehensive study to ascertain the state
453safety net and other benefit programs available to farmers, identify the challenges and obstacles
454for farmers in applying for, qualifying for and maintaining coverage under existing safety net
455programs and make recommendations for how the state can amend current programs or create
456new programs to better support farmers. The secretary shall facilitate information sharing and
457policy synchronization among federal, state and local entities. Recommendations shall include,
458but not be limited to, strategies and solutions for: (i) increasing access to coverage under
459MassHealth for farmers; (ii) increasing access to premium assistance payments or point-of-
460service cost-sharing subsidies for farmers through the commonwealth health insurance connector
461authority; (iii) mitigating the MassHealth cliff effect for farmers; (iv) providing pension or state
462retirement coverage to farmers, including, but not limited to, through a state matching program 23 of 23
463for farmers’ retirement contributions; and (v) meeting the differing needs of farmer populations,
464including, but not limited to, urban farmers, rural farmers and farmers from historically
465underserved communities in recommendations provided for clauses i to iii of this section,
466inclusive.
467 The executive office of health and human services shall submit a report of its findings
468and recommendations, including any budgetary or statutory needs, to the clerks of the house and
469senate, the house and senate committees on ways and means, the joint committee on health care
470financing and the joint committee on agriculture not later than 12 months after the effective date
471of this act.
472 SECTION 18. The initial plan required under subsection (a) of section 1 shall be
473completed no later than 1 year after the effective date of this act.
474 SECTION 19. The department shall promulgate regulations to implement the provisions
475of section 6 no later than 120 days after the effective date of this act.
476 SECTION 20. The first report required by section 12 of this act shall be completed and
477submitted no later than 6 months after the effective date of this act.
478 SECTION 21. The registry and map referenced in section 14 of this act shall be
479established and hosted on the department of revenue’s website no later than 9 months after the
480effective date of this act.