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Massachusetts Senate Bill S55

Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S55 Compare Versions

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22 SENATE DOCKET, NO. 2144 FILED ON: 1/17/2025
33 SENATE . . . . . . . . . . . . . . No. 55
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Joanne M. Comerford
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 fostering agricultural resilience in Massachusetts.
1313 _______________
1414 PETITION OF:
1515 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
1616 SENATE DOCKET, NO. 2144 FILED ON: 1/17/2025
1717 SENATE . . . . . . . . . . . . . . No. 55
1818 By Ms. Comerford, a petition (accompanied by bill, Senate, No. 55) of Joanne M. Comerford,
1919 Hannah Kane, Jason M. Lewis, James B. Eldridge and others for legislation to strengthen local
2020 food systems. Agriculture.
2121 [SIMILAR MATTER FILED IN PREVIOUS SESSION
2222 SEE SENATE, NO. 2570 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 fostering agricultural resilience in Massachusetts.
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 SECTION 1. Chapter 6A of the General Laws, as appearing in the 2022 Official Edition,
3232 2is hereby amended by inserting after section 18AA the following section:-
3333 3 Section 18BB. The Massachusetts emergency management agency shall develop and
3434 4maintain a plan for supporting agricultural, seafood and processed food production in the
3535 5commonwealth in all emergency preparedness planning efforts in order to mitigate the impacts
3636 6of food supply chain disruptions. The plan shall be developed in coordination with the
3737 7department of agricultural resources, the department of public health and the department of
3838 8transitional assistance, and shall include consideration for food production, transportation,
3939 9storage and distribution. The plan shall be reviewed and updated every 5 years. The director of
4040 10the Massachusetts emergency management agency shall submit the plan, and subsequent 2 of 23
4141 11required plan revisions, to the house and senate clerks’ offices, the joint committee on agriculture
4242 12and the joint committee on emergency preparedness and management.
4343 13 SECTION 2. Section 6C of chapter 20 of the General Laws, as appearing in the 2022
4444 14Official Edition, is amended by inserting after subsection (g) the following subsection:-
4545 15 (h) The council shall appoint a full time food system coordinator as an employee. The
4646 16food system coordinator shall have access to all relevant agency meetings; serve in an advisory
4747 17capacity to all relevant departments to inventory existing state programs which relate to the food
4848 18system across all state agencies, including, but not limited to, agencies associated with the
4949 19council; facilitate communication and resource collaboration across state agencies; develop and
5050 20track metrics related to food system goals; identify opportunities to eliminate duplicative efforts
5151 21and strengthen complementary programs and projects; identify gaps in services and supports and
5252 22make recommendations; and provide input to help coordinate outreach to underserved
5353 23communities. The food system coordinator shall submit a report 1 week prior to each council
5454 24meeting with findings, progress updates and recommendations to the clerks of the senate and the
5555 25house of representatives, the council, relevant department secretaries and relevant department
5656 26commissioners.
5757 27 SECTION 3. Said chapter 20, as so appearing, is hereby amended by inserting after said
5858 28section 6C the following section:-
5959 29 Section 6D. (a) As used in this section, the following words shall have the following
6060 30meanings:
6161 31 “Local food”, food for human consumption that was grown, raised, caught or processed
6262 32in Massachusetts. 3 of 23
6363 33 (b) It is hereby declared the policy of the commonwealth, the department of agricultural
6464 34resources and the department of transitional assistance to maximize the amount of local food that
6565 35is distributed to Massachusetts residents through state food assistance programs, while
6666 36maintaining affordability for food banks and individuals and fairly valuing local food, in order to
6767 37advance health equity for all residents of the commonwealth and promote a strong local food
6868 38system. This section shall be implemented to achieve this goal.
6969 39 (c) Notwithstanding any general or special law to the contrary, the department of
7070 40agricultural resources, in collaboration with the commonwealth’s 4 regional food banks, the
7171 41executive office of elder affairs, the department of transitional assistance, the department of
7272 42higher education and the department of elementary and secondary education, shall, annually on
7373 43or before October 31, report on the distribution of local food through state food assistance
7474 44programs. The report shall include, but not be limited to, the following:
7575 45 (i) the quantity of local food distributed, by dollar value and as a percentage of total food
7676 46distributed and, where possible, by weight;
7777 47 (ii) a breakdown of the types of local food distributed, including, but not limited to,
7878 48produce, meat, dairy, seafood and processed food, including whether or not the processed food
7979 49includes ingredients grown, raised or caught in Massachusetts, by dollar amounts and as a
8080 50percentage of total food distributed and, where possible, by weight;
8181 51 (iii) the quantity of local food distributed by state food assistance plans including, but not
8282 52limited to, the Massachusetts emergency food assistance program, the Massachusetts healthy
8383 53incentives program, universal free school meals, the hunger-free campus initiative, the farm to
8484 54school FRESH grant program, the senior nutrition program, the Meals on Wheels Program and 4 of 23
8585 55the senior farm share program, by dollar amounts and as a percentage of total food distributed;
8686 56and
8787 57 (iv) agency and departmental recommendations on how Massachusetts can increase the
8888 58amount of local food distributed through state food assistance programs in future fiscal years
8989 59while maintaining affordability for food banks and individuals and fairly valuing local food, as
9090 60well as budgetary or policy recommendations for implementing those recommendations.
9191 61 The report shall be made available on the department of agricultural resources’ website
9292 62and a copy shall be filed with the clerks of the house and senate, the joint committee on
9393 63agriculture and the joint committee on children, families and persons with disabilities.
9494 64 SECTION 4. The second sentence of subsection (a) of section 23 of said chapter 20, as so
9595 65appearing, is hereby amended by inserting after the words “agricultural purposes,” in line 14, the
9696 66following words:- ; provided, that the committee or any independent appraisal to determine the
9797 67fair market value of the land restricted for agricultural purposes shall include in its valuation the
9898 68appraised value of any easements and infrastructure including dwellings, structures, plumbing
9999 69and irrigation systems on the entire parcel in its fair market value consideration or any payment.
100100 70 SECTION 5. Section 24 of said chapter 20, as so appearing, is hereby amended by
101101 71inserting after subsection (d) the following subsection:-
102102 72 (e)(1) As used in this subsection, the following words shall have the following meanings:
103103 73 “Agricultural preservation restriction”, agricultural preservation restriction as defined in
104104 74section 31 of chapter 184. 5 of 23
105105 75 “Farm viability”, the financial and environmental ability of a farm to remain in operation
106106 76and produce crops over the short- and long-term.
107107 77 (2) The committee shall create annual and long-term goals for enrolling land as an
108108 78agricultural preservation restriction. Said goals shall consider the value of a parcel to the
109109 79commonwealth by considering the following factors: acreage, farm viability, soil health, carbon
110110 80sequestration and other ecosystem services, infrastructure, access to markets, access to land
111111 81ownership for historically marginalized communities, environmental justice principles as defined
112112 82by section 62 of chapter 30, vulnerability to being transformed into a non-agricultural use and
113113 83any other factors as determined by the committee.
114114 84 (3) The committee shall post a public notice of availability of the draft goals in the
115115 85environmental monitor and provide a 60-day public comment period. The committee shall duly
116116 86consider and respond to comments received and finalize the goals. The goals shall be updated
117117 87every 5 years, or more frequently, with public review. The committee shall post the final goals,
118118 88and any subsequent updates to the goals, on the department of agricultural resources’ website.
119119 89 (4) The committee shall publish an annual report evaluating their progress to meet the
120120 90goals established pursuant to paragraph (2) of this subsection. Said report shall include, but shall
121121 91not be limited to, the following:
122122 92 (i) The number of acres enrolled in an agricultural preservation restriction during the past
123123 93year and the total number of acres enrolled in an agricultural preservation restriction in the
124124 94commonwealth; 6 of 23
125125 95 (ii) The total number of farms enrolled in an agricultural preservation restriction during
126126 96the past year and the total number of farms enrolled in an agricultural preservation restriction in
127127 97the commonwealth;
128128 98 (iii) The geographic distribution of farms enrolled in an agricultural preservation
129129 99restriction;
130130 100 (iv) Challenges to enrolling new land in an agricultural preservation restriction;
131131 101 (v) Plans for the following year to meet the goals established pursuant to paragraph (2) of
132132 102this subsection; and
133133 103 (vi) Budgetary requests and statutory changes, if needed, in order to achieve the goals
134134 104established pursuant to paragraph (2) of this subsection.
135135 105 The committee shall annually, not later than March 1, submit a copy of the report to the
136136 106clerks of the house of representatives and the senate, the house and senate committees on ways
137137 107and means, the joint committee on agriculture and the joint committee on environment and
138138 108natural resources. The annual reports shall be posted on the department of agricultural resources’
139139 109website.
140140 110 SECTION 6. Said chapter 20 of the General Laws, as so appearing, is hereby further
141141 111amended by adding the following section:-
142142 112 Section 33. There shall be established a food security infrastructure grant program to
143143 113support equitable access to healthy, local food and to strengthen food supply and distribution
144144 114systems in all geographic regions of the commonwealth, which shall be administered by the
145145 115commissioner. The program shall consist of financial assistance to food producers, processors 7 of 23
146146 116and distributors; emergency food distributors; community and food organizations; school meal
147147 117programs and summer meal sponsors; urban farms and community gardens; and nonprofit food
148148 118security organizations to fund capital improvements including: (i) the purchase of new or used
149149 119equipment; (ii) contracted labor costs in order to implement projects; and (iii) costs associated
150150 120with planning and design directly related to capital projects that will allow applicants to
151151 121strengthen and improve the resiliency of the commonwealth’s food system while allowing
152152 122greater access to fresh, local food in a way that addresses systemic inequities.
153153 123 SECTION 7. Chapter 29 of the General Laws, as appearing in the 2022 Official Edition,
154154 124is hereby amended by inserting after section 2DDDDDD the following section:-
155155 125 Section 2EEEEEE. (a) There shall be established and set up on the books of the
156156 126commonwealth a separate fund to be known as the Next Generation Farmers Fund. The fund
157157 127shall be administered by the secretary of labor and workforce development, in consultation with
158158 128the secretary of environmental affairs and the secretary of education.
159159 129 (b) The fund shall be credited with $3,000,000 annually from the Workforce and
160160 130Competitiveness Trust Fund, established by section 2WWW of chapter 28, for an agricultural
161161 131workforce development grant program. Said program shall award grants to the commonwealth’s
162162 132higher education institutions, vocational technical schools or community-based organizations
163163 133that have existing programs for providing workforce development training to first time farmers
164164 134or the capacity to create such programs. Priority consideration shall be given to programs that
165165 135serve a high percentage of historically underserved or low-income students or people with
166166 136disabilities, as well as programs that include hands-on training and training in agricultural
167167 137practices that mitigate climate change and protect the environment. Not less than $3,000,000 8 of 23
168168 138annually from this fund shall go to programs that provide training in agriculture as defined by
169169 139section 1A of chapter 128; provided that not more than $1,000,000 shall be granted annually to
170170 140programs providing training in the growing and harvesting of forest products upon forest land.
171171 141 (c) A report detailing the expenditures of the fund shall be submitted annually on or
172172 142before May 30 to the clerks of the house of representatives and the senate, the house and senate
173173 143committees on ways and means, the joint committee on economic development and emerging
174174 144technologies and the joint committee on agriculture.
175175 145 SECTION 8. Section 20 of chapter 30B of the General Laws, as appearing in the 2022
176176 146Official Edition, is hereby amended by striking, in line 19, the figure “10” and inserting in place
177177 147thereof the following figure:- 20.
178178 148 SECTION 9. Section 3 of chapter 40A of the General Laws, as appearing in the 2022
179179 149Official Edition, is hereby amended by inserting after the word “floriculture”, in lines 6, 10, 24,
180180 15029, 31 to 32, 40 and 47, in each instance, the following word:- , agritourism.
181181 151 SECTION 10. Said section 3 of said chapter 40A, as so appearing, is hereby further
182182 152amended by inserting, after the words “chapter 128”, in line 37, the following words:- , the word
183183 153“agritourism” shall be as defined in section 1B of said chapter 128.
184184 154 SECTION 11. Said section 3 of said chapter 40A, as so appearing, is hereby further
185185 155amended by inserting after the first paragraph the following paragraph:-
186186 156 Nothing in this section shall be construed to prevent any of the zoning ordinance or by-
187187 157law exemptions under this section applying to land on which agritourism activities take place;
188188 158provided, that the uses of this land and the structures thereon conform with the requirements of 9 of 23
189189 159the first paragraph of this section. In considering whether land is used for the primary purpose of
190190 160commercial agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture, the
191191 161presence or lack of agritourism activities located thereon shall not be the sole basis for granting
192192 162or refusing to grant this consideration.
193193 163 SECTION 12. Section 2A of chapter 61A of the General Laws, as appearing in the 2022
194194 164Official Edition, is hereby amended by inserting after subsection (d) the following subsection:-
195195 165 (e) (1) As used in this subsection, the following words shall have the following meanings:
196196 166 “Commissioner”, the commissioner of the department of agricultural resources.
197197 167 “Department”, the department of agricultural resources.
198198 168 “Farmland”, land primarily and directly used for agricultural purposes pursuant to section
199199 1691 of this chapter or land primarily and directly used for horticultural purposes pursuant to section
200200 1702 of this chapter.
201201 171 “Farm viability”, the financial and environmental ability of a farm to remain in operation
202202 172and produce crops over the short- and long-term.
203203 173 (2) Notwithstanding any general or special law to the contrary, the department, in
204204 174consultation with the department of energy resources, once every 10 years or at other such
205205 175frequency as determined by the commissioner, whichever is more frequent, shall review and
206206 176consider whether any amendments to statutory, regulatory and deed-based restrictions on the
207207 177amount of renewable energy allowed to be generated on farmland, including but not limited to,
208208 178land under chapter 61A and land in the agricultural preservation restriction program established
209209 179pursuant to section 23 of chapter 20, would help preserve or improve farm viability. The 10 of 23
210210 180department shall consider whether alternative measures such as updated or modernized farm
211211 181management or business practices could achieve the same or similar improvements in farm
212212 182viability, as well as the commonwealth’s current ability to support farmers in updating said
213213 183practices, in their consideration of whether and which amendments to recommend. The
214214 184department shall additionally factor into their review and considerations the promotion of healthy
215215 185soils and biodiversity, environmental sustainability and the commonwealth’s renewable energy
216216 186goals pursuant to the roadmap plans required under section 5 of said chapter 21N. If the
217217 187department concludes that amendments to the restrictions on the amount of renewable energy
218218 188allowed to be generated on farmland are warranted, the commissioner shall include a list of the
219219 189department’s specific recommended amendments in the department’s report.
220220 190 (3) The department shall report the findings of their review to the clerks of the house of
221221 191representatives and the senate, the house and senate committees on ways and means, the joint
222222 192committee on agriculture and the joint committee on environment and natural resources.
223223 193 SECTION 13. Said chapter 61A of the General Laws is hereby amended by striking out
224224 194section 14, as appearing in the 2022 Official Edition, and inserting in place thereof the following
225225 195section:-
226226 196 Section 14. Land taxed under this chapter shall not be sold for, or converted to,
227227 197residential, industrial or commercial use while so taxed or within 1 year after that time unless the
228228 198city or town in which the land is located and the department of agricultural resources has been
229229 199notified of the intent to sell for, or to convert to, that other use.
230230 200 The discontinuance of agricultural or horticultural use shall not, in itself, for the purposes
231231 201of this section, be considered a conversion. Specific use of land for a residence for the owner, the 11 of 23
232232 202owner's spouse or a parent, grandparent, child, grandchild, or brother or sister of the owner, or
233233 203surviving husband or wife of any deceased such relative, or for living quarters for any persons
234234 204actively employed full-time in the agricultural or horticultural use of such land, shall not be a
235235 205conversion for the purposes of this section, and a certificate of the board of assessors, recorded
236236 206with the registry of deeds, shall conclusively establish that particular use.
237237 207 Any notice of intent to sell for other use shall be accompanied by a statement of intent to
238238 208sell, a statement of proposed use of the land, the location and acreage of land as shown on a map
239239 209drawn at the scale of the assessors map in the city or town in which the land is situated, and the
240240 210name, address and telephone number of the landowner.
241241 211 Any notice of intent to sell for other use shall be accompanied by a certified copy of an
242242 212executed purchase and sale agreement specifying the purchase price and all terms and conditions
243243 213of the proposed sale, which is limited to only the property classified under this chapter, and
244244 214which shall be a bona fide offer as described below.
245245 215 Any notice of intent to sell for other use shall also be accompanied by any additional
246246 216agreements or a statement of any additional consideration for any contiguous land under the
247247 217same ownership, and not classified under this chapter, but sold or to be sold contemporaneously
248248 218with the proposed sale.
249249 219 For the purposes of this chapter, a bona fide offer to purchase shall mean a good faith
250250 220offer, not dependent upon potential changes to current zoning or conditions or contingencies
251251 221relating to the potential for, or the potential extent of, subdivision of the property for residential
252252 222use or the potential for, or the potential extent of development of the property for industrial or 12 of 23
253253 223commercial use, made by a party unaffiliated with the landowner for a fixed consideration
254254 224payable upon delivery of the deed.
255255 225 Any notice of intent to convert to other use shall be accompanied by a statement of intent
256256 226to convert, a statement of proposed use of the land, the location and acreage of land as shown on
257257 227a map drawn at the scale of the assessors map in the city or town in which the land is situated,
258258 228the name, address and telephone number of the landowner and the landowner's attorney, if any.
259259 229 The notice of intent to sell or convert shall be sent by the landowner by certified mail or
260260 230hand delivered to the mayor and city council of a city, or select board of a town, and in the case
261261 231of either a city or a town, to its board of assessors, to its planning board and conservation
262262 232commission, if any, to the commissioner of the department of agricultural resources and to the
263263 233state forester.
264264 234 A notarized affidavit that the landowner has mailed or delivered a notice of intent to sell
265265 235or convert shall be conclusive evidence that the landowner has mailed the notice in the manner
266266 236and at the time specified. Each affidavit shall have attached to it a copy of the notice of intent to
267267 237which it relates.
268268 238 The notice of intent to sell or convert shall be considered to have been duly mailed if
269269 239addressed to the mayor and city council or select board in care of the city or town clerk; to the
270270 240planning board and conservation commission if addressed to them directly; to the department of
271271 241agricultural resources if addressed to the secretary of the executive office of energy and
272272 242environmental affairs or to the commissioner of the department of agricultural resources; to the
273273 243state forester if addressed to the commissioner of the department of conservation and recreation;
274274 244and to the assessors if addressed to them directly. 13 of 23
275275 245 If the notice of intent to sell or convert does not contain all of the material described
276276 246above, then the town or city, within 30 days after receipt, shall notify the landowner in writing
277277 247that notice is insufficient and does not comply.
278278 248 For a period of 120 days after the day following the latest date of deposit in the United
279279 249States mail of any notice which complies with this section, the city or town shall have, in the
280280 250case of intended sale, a first refusal option to meet a bona fide offer to purchase the land. If the
281281 251city or town does not exercise its option, the department of agricultural resources shall then have
282282 252a refusal option to meet a bona fide offer to purchase the land or assign such right.
283283 253 In the case of intended or determined conversion not involving sale, the municipality, or
284284 254the department of agricultural resources if the municipality does not exercise its option, shall
285285 255have an option to purchase the land at full and fair market value to be determined by an impartial
286286 256appraisal performed by a certified appraiser hired at the expense of the municipality or its
287287 257assignee, or the department of agricultural resources or its assignee, the original appraisal to be
288288 258completed and delivered to the landowner within 30 days after the notice of conversion to the
289289 259municipality and the department of agricultural resources. In the event that the landowner is
290290 260dissatisfied with the original appraisal, the landowner may, at the landowner's expense, contract
291291 261for a second appraisal, to be completed within 60 days after the delivery of the notice to convert.
292292 262If, after completion of the second appraisal, the parties cannot agree on a consideration, the
293293 263parties will contract with a mutually acceptable appraiser for a third appraisal whose cost will be
294294 264borne equally by both parties. The third appraisal shall be delivered to both parties within 90
295295 265days after the notice of conversion to the municipality and shall be the final determination of
296296 266consideration. Upon agreement of a consideration, the city or town shall then have 120 days to
297297 267exercise its option. During the appraisal process, the landowner may revoke the intent to convert 14 of 23
298298 268at any time and with no recourse to either party. The department of agricultural resources shall
299299 269only have the ability to exercise its option after the municipality provides written notice of its
300300 270intent to not exercise its option as set forth in this section. The department of agricultural
301301 271resources shall have the remaining time or an additional 60 days, whichever is longer, to exercise
302302 272its option in the same manner and subject as the city or town.
303303 273 The option may be exercised only after a public hearing followed by written notice
304304 274signed by the mayor or select board if the option is exercised by the municipality, or signed by
305305 275the commissioner of the department of agricultural resources if the option is exercised by the
306306 276department of agricultural resources, mailed to the landowner by certified mail at the address that
307307 277is specified in the notice of intent. Notice of public hearing shall be given in accordance with
308308 278section 23B of chapter 39.
309309 279 The notice of exercise shall also be recorded at the registry of deeds and shall contain the
310310 280name of the record owner of the land and description of the premises adequate for identification
311311 281of them.
312312 282 The notice to the landowner of the city or town's or the department of agricultural
313313 283resources’ election to exercise its option shall be accompanied by a proposed purchase and sale
314314 284contract or other agreement between the city or town or the department of agricultural resources
315315 285and the landowner which, if executed, shall be fulfilled within a period of not more than 90 days
316316 286after the date the contract or agreement, endorsed by the landowner, is returned by certified mail
317317 287to the mayor or select board or the commissioner of the department of agricultural resources, or
318318 288upon expiration of any extended period that the landowner has agreed to in writing, whichever is
319319 289later. 15 of 23
320320 290 At the public hearing or a further public hearing, the city or town or the department of
321321 291agricultural resources may assign its option to a nonprofit conservation organization, or to the
322322 292commonwealth or any of its political subdivisions, or in the case of the department of
323323 293agricultural resources, to any individual or entity it determines is fit to ensure the continued
324324 294agricultural use of such land, under the terms and conditions that the mayor or select board or the
325325 295commissioner of the department of agricultural resources may consider appropriate. Notice of
326326 296public hearing shall be given in accordance with section 23B of chapter 39.
327327 297 The assignment shall be for the purpose of maintaining not less than 70 per cent of the
328328 298land in use as forest land as defined in section 1 of chapter 61, as land in agricultural or
329329 299horticultural use as defined in sections 1 and 2 or as recreational land as defined in section 1 of
330330 300chapter 61B, and in no case shall the assignee develop a greater proportion of the land than was
331331 301proposed by the developer whose offer gave rise to the assignment. All land other than land that
332332 302is to be developed shall then be bound by a permanent deed restriction that meets the
333333 303requirements of chapter 184.
334334 304 If the first refusal option has been assigned as provided in this section, the mayor or
335335 305select board or the commissioner of the department of agricultural resources shall provide
336336 306written notice of assignment to the landowner.
337337 307 The notice of assignment shall state the name and address of the individual, entity,
338338 308organization or agency of the commonwealth which will exercise the option in addition to the
339339 309terms and conditions of the assignment. The notice of assignment shall be recorded with the
340340 310registry of deeds. 16 of 23
341341 311 Failure to record either the notice of exercise or the notice of assignment within the 120
342342 312day period or the additional 60 day period if exercised by the department of agricultural
343343 313resources shall be conclusive evidence that the city or town or the department of agricultural
344344 314resources has not exercised its option.
345345 315 If the option has been assigned to an individual, entity, nonprofit conservation
346346 316organization or to the commonwealth or any of its political subdivisions, the option may be
347347 317exercised by the assignee only by written notice to the landowner signed by the assignee, mailed
348348 318to the landowner by certified mail at the address that is specified in the notice of intent. The
349349 319notice of exercise shall also be recorded with the registry of deeds and shall contain the name of
350350 320the record owner of the land and description of the premises adequate for identification of them.
351351 321 The notice of exercise to the landowner shall be accompanied by a proposed purchase
352352 322and sale contract or other agreement between the assignee and landowner which, if executed,
353353 323shall be fulfilled within a period of not more than 90 days, or upon expiration of any extended
354354 324period the landowner has agreed to in writing, from the date the contract or agreement, endorsed
355355 325by the landowner, is returned by certified mail to the assignee.
356356 326 During the 120 day period or the additional 60 day period, the city or town or the
357357 327department of agricultural resources or its assignees, shall have the right, at reasonable times and
358358 328upon reasonable notice, to enter upon the land for the purpose of surveying and inspecting the
359359 329land, including, but not limited to, soil testing for purposes of Title V and the taking of water
360360 330samples.
361361 331 The city or town or the department of agricultural resources or its assignee shall have all
362362 332rights assigned to the buyer in the purchase and sale agreement contained in the notice of intent. 17 of 23
363363 333 If the city or town or the department of agricultural resources elects not to exercise the
364364 334option, and not to assign its right to exercise the option, the city or town or the department of
365365 335agricultural resources shall send written notice of nonexercise, signed by the mayor or select
366366 336board or the commissioner of the department of agricultural resources, to the landowner by
367367 337certified mail at the address that is specified in the notice of intent. The notice of nonexercise
368368 338shall contain the name of the owner of record of the land and description of the premises
369369 339adequate for identification of them and shall be recorded with the registry of deeds.
370370 340 No sale or conversion of the land shall be consummated until the option period has
371371 341expired or the notice of nonexercise has been recorded with the registry of deeds, and no sale of
372372 342the land shall be consummated if the terms of the sale differ in any material way from the terms
373373 343of the purchase and sale agreement which accompanied the bona fide offer to purchase as
374374 344described in the notice of intent to sell except as provided in this section.
375375 345 This section shall not apply to a mortgage foreclosure sale, but the holder of a mortgage
376376 346shall, at least 90 days before a foreclosure sale, send written notice of the time and place of the
377377 347sale to the parties in the manner described in this section for notice of intent to sell or convert,
378378 348and the giving of notice may be established by an affidavit as described in this section.
379379 349 SECTION 14. Said chapter 61A of the General Laws, as so appearing, is hereby further
380380 350amended by inserting after section 24 the following section:-
381381 351 Section 25. (a) As used in this section, the following words shall have the following
382382 352meanings:
383383 353 “Agricultural land”, agricultural land as defined in section 1 of this chapter. 18 of 23
384384 354 “Horticultural land”, horticultural land as defined in section 2 of this chapter.
385385 355 (b) The department of revenue, in consultation with the department of agricultural
386386 356resources, shall establish and maintain a central registry of all agricultural and horticultural land
387387 357in the commonwealth. The department of revenue shall update the registry on an annual basis or
388388 358at other such frequency as determined by the commissioner of revenue, whichever is more
389389 359frequent. The commissioner of revenue shall facilitate information sharing among federal, state
390390 360and local entities. Said registry shall include, but not be limited to, the following:
391391 361 (i) in total and in each municipality, the number of parcels and the number of acres of
392392 362agricultural land and horticultural land;
393393 363 (ii) in total and in each municipality, the number of parcels and the number of acres of
394394 364agricultural land and horticultural land enrolled in this chapter;
395395 365 (iii) in total and in each municipality, the number of parcels of agricultural land and
396396 366horticultural land that are disenrolled from this chapter during that year;
397397 367 (iv) in total and in each municipality, the number of parcels of agricultural land and
398398 368horticultural land that have been newly enrolled this chapter during that year;
399399 369 (v) in total and in each municipality, the number of parcels and the number of acres of
400400 370land receiving the rate of tax applicable to agricultural or horticultural land pursuant to section 4
401401 371of this chapter; and
402402 372 (iv) the percentage of all cropland, as reported in the most recent United States
403403 373Department of Agriculture Census of Agriculture, that is enrolled in this chapter. 19 of 23
404404 374 The department of revenue, in consultation with the department of agricultural resources,
405405 375shall integrate the data from the central registry into a publicly accessible, interactive map with
406406 376data shown at both the individual parcel and municipal level. The map shall be created in a
407407 377format that allows for comparison and overlays with existing maps of soil conditions and types.
408408 378 The department of revenue shall make its data collection methodologies, findings and all
409409 379of the data within the central registry and map accessible to the department of agricultural
410410 380resources. The department shall make the central registry and the map publicly available,
411411 381downloadable and searchable on its website.
412412 382 SECTION 15. Chapter 75 of the General Laws is hereby amended by striking out section
413413 38314D, as appearing in the 2022 Official Edition, and inserting in place thereof the following
414414 384section:-
415415 385 Section 14D. There shall be within the University of Massachusetts a University of
416416 386Massachusetts Extension Board of Public Overseers for the purpose of advising and assisting the
417417 387chancellor of the University of Massachusetts at Amherst in the mission, budget, operation and
418418 388management of University of Massachusetts Extension programs. Nothing in this section shall
419419 389directly affect the employment status of personnel.
420420 390 The board shall consist of 1 member of the senate, who shall be appointed by the senate
421421 391president; 1 member who shall be appointed by the minority leader of the senate; 1 member of
422422 392the house of representatives, who shall be appointed by the speaker of the house; 1 member who
423423 393shall be appointed by the minority leader of the house of representatives; a designee of the
424424 394president of the university; a designee of the chancellor of the University of Massachusetts at
425425 395Amherst; the commissioner of food and agriculture; and the following persons to be appointed 20 of 23
426426 396by the governor: 3 members of the Massachusetts Farm Bureau Federation, Inc. chosen from a
427427 397list of 12 members submitted by said federation; 1 member of the Massachusetts 4–H
428428 398Foundation, Inc. chosen from a list of 3 members submitted by said organization; 1 member of
429429 399the Massachusetts Forestry Association chosen from a list of 3 members submitted by said
430430 400association; 1 member of the Massachusetts Audubon Society chosen from a list of 3 members
431431 401submitted by said society; 1 member of the Massachusetts Arborists Association chosen from a
432432 402list of 3 members submitted by said association; 1 member of a Buy Local organization chosen
433433 403from a list of 3 members submitted by said organization; 1 member of the Massachusetts Food
434434 404System Collaborative chosen from a list of 3 members submitted by said collaborative; 1
435435 405member from an organization engaged in urban farming education or practices; and 2 members
436436 406of organizations that support historically marginalized or new entry farmers and food producers.
437437 407The chancellor of the University of Massachusetts at Amherst shall appoint the chairperson from
438438 408among the membership of the board. Members of the board shall serve without compensation but
439439 409shall be reimbursed, subject to appropriation, out of any funds available for the purpose, for
440440 410necessary expenses incurred in the performance of their official duties.
441441 411 The appointed members of the board shall serve for terms of 5 years, except for persons
442442 412appointed to fill vacancies, who shall serve for the unexpired term. The board shall hold an
443443 413annual meeting in January and at least 3 other times during the year. The University of
444444 414Massachusetts Extension director shall attend all meetings of the board and shall serve as
445445 415secretary but shall have no vote in its deliberation. 10 members of the board shall constitute a
446446 416quorum. The board may, by vote of its members then in office, adopt a policy for the conduct of
447447 417business, including constitution of board membership. Policies may be amended or repealed by a
448448 418two-thirds vote of its members. 21 of 23
449449 419 The director shall prepare an annual budget for board consideration. Such budget shall be
450450 420adopted by the board and approved by the chancellor of the University of Massachusetts at
451451 421Amherst. The director shall annually render a complete and detailed report of the activities,
452452 422outcomes, revenue and expenditures to the board.
453453 423 The university on behalf of the board may receive, manage and disburse grants and
454454 424donations from governmental agencies, other colleges and universities, corporations,
455455 425foundations, associations and individuals for the purpose of funding the University of
456456 426Massachusetts Extension and agricultural research programs. Further, the university on behalf of
457457 427the board may establish and administer trust funds to support such programs.
458458 428 SECTION 16. Chapter 128 of the General Laws, as appearing in the 2022 Official
459459 429Edition, is hereby amended by inserting after section 1A the following section:-
460460 430 Section 1B. (a) For the purposes of this section, the following terms shall, unless the
461461 431context clearly requires otherwise, have the following meanings:
462462 432 "Agritourism", an agriculturally related educational, entertainment, historical, cultural,
463463 433commercial or recreational activity that allows or invites members of the general public to
464464 434observe, participate in, experience and enjoy that activity, and that primarily serves to encourage
465465 435the purchase of agricultural products grown on the land where the activity takes place.
466466 436 “Land”, an entire parcel of land or multiple contiguous whole parcels of land owned by
467467 437the same person.
468468 438 (b) Agritourism may be conducted on land primarily used for commercial agriculture,
469469 439aquaculture, silviculture, horticulture, floriculture or viticulture. Agritourism may be conducted 22 of 23
470470 440on land not primarily used for commercial agriculture, aquaculture, silviculture, horticulture,
471471 441floriculture or viticulture if: (i) at least 75 per cent of the acreage of said land is dedicated to
472472 442agriculture; (ii) at least 50 per cent of the agricultural product produced on said land, by either
473473 443gross annual sales or annual volume, is utilized in agritourism activities; (iii) at least 25 per cent
474474 444of the gross annual income from all activities on the land on which the agritourism activity is
475475 445located results from the sale of products that have been produced on said land; and (iv) at least an
476476 446additional 50 per cent of the gross annual income from all activities on said land results from the
477477 447sale of products that have been produced on said land or on land in Massachusetts used for the
478478 448primary purpose of commercial agriculture, aquaculture, silviculture, horticulture, floriculture or
479479 449viticulture.
480480 450 SECTION 17. Notwithstanding any general or special law to the contrary, the executive
481481 451office of health and human services, in consultation with the division of insurance and the
482482 452department of agricultural resources, shall conduct a comprehensive study to ascertain the state
483483 453safety net and other benefit programs available to farmers, identify the challenges and obstacles
484484 454for farmers in applying for, qualifying for and maintaining coverage under existing safety net
485485 455programs and make recommendations for how the state can amend current programs or create
486486 456new programs to better support farmers. The secretary shall facilitate information sharing and
487487 457policy synchronization among federal, state and local entities. Recommendations shall include,
488488 458but not be limited to, strategies and solutions for: (i) increasing access to coverage under
489489 459MassHealth for farmers; (ii) increasing access to premium assistance payments or point-of-
490490 460service cost-sharing subsidies for farmers through the commonwealth health insurance connector
491491 461authority; (iii) mitigating the MassHealth cliff effect for farmers; (iv) providing pension or state
492492 462retirement coverage to farmers, including, but not limited to, through a state matching program 23 of 23
493493 463for farmers’ retirement contributions; and (v) meeting the differing needs of farmer populations,
494494 464including, but not limited to, urban farmers, rural farmers and farmers from historically
495495 465underserved communities in recommendations provided for clauses i to iii of this section,
496496 466inclusive.
497497 467 The executive office of health and human services shall submit a report of its findings
498498 468and recommendations, including any budgetary or statutory needs, to the clerks of the house and
499499 469senate, the house and senate committees on ways and means, the joint committee on health care
500500 470financing and the joint committee on agriculture not later than 12 months after the effective date
501501 471of this act.
502502 472 SECTION 18. The initial plan required under subsection (a) of section 1 shall be
503503 473completed no later than 1 year after the effective date of this act.
504504 474 SECTION 19. The department shall promulgate regulations to implement the provisions
505505 475of section 6 no later than 120 days after the effective date of this act.
506506 476 SECTION 20. The first report required by section 12 of this act shall be completed and
507507 477submitted no later than 6 months after the effective date of this act.
508508 478 SECTION 21. The registry and map referenced in section 14 of this act shall be
509509 479established and hosted on the department of revenue’s website no later than 9 months after the
510510 480effective date of this act.