1 | 1 | | BILL AS INTRODUCED H.386 |
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2 | 2 | | 2025 Page 1 of 7 |
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4 | 4 | | |
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5 | 5 | | VT LEG #380800 v.1 |
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6 | 6 | | H.386 1 |
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7 | 7 | | Introduced by Representative Surprenant of Barnard 2 |
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8 | 8 | | Referred to Committee on 3 |
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9 | 9 | | Date: 4 |
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10 | 10 | | Subject: Agriculture; succession planning; land access 5 |
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11 | 11 | | Statement of purpose of bill as introduced: This bill proposes to establish an 6 |
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12 | 12 | | Agricultural Land Transfer Assistance Program at the Agency of Agriculture, 7 |
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13 | 13 | | Food and Markets to assist owners of agricultural land in connecting with or 8 |
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14 | 14 | | identifying prospective purchasers who intend to maintain the land for farming. 9 |
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15 | 15 | | An act relating to establishing an Agricultural Land Transfer Assistance 10 |
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16 | 16 | | Program 11 |
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17 | 17 | | It is hereby enacted by the General Assembly of the State of Vermont: 12 |
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18 | 18 | | Sec. 1. 6 V.S.A. chapter 208 is added to read: 13 |
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19 | 19 | | CHAPTER 208. AGRICULTURAL LAND TRANSFER ASSISTANCE 14 |
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20 | 20 | | PROGRAM 15 |
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21 | 21 | | § 4651. DEFINITIONS 16 |
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22 | 22 | | As used in this chapter: 17 |
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23 | 23 | | (1) “Agency” means the Agency of Agriculture, Food and Markets. 18 |
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24 | 24 | | (2) “Farming” has the same meaning as in 10 V.S.A. § 6001(22). 19 |
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25 | 25 | | (3) “Secretary” means the Secretary of Agriculture, Food and Markets. 20 BILL AS INTRODUCED H.386 |
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26 | 26 | | 2025 Page 2 of 7 |
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28 | 28 | | |
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29 | 29 | | VT LEG #380800 v.1 |
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30 | 30 | | § 4652. AGRICULTURAL LAND TRANSFER ASSISTANCE PROGRAM 1 |
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31 | 31 | | The Agricultural Land Transfer Assistance Program is established at the 2 |
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32 | 32 | | Agency of Agriculture, Food and Markets to: 3 |
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33 | 33 | | (1) identify agricultural land in the State that may be available for 4 |
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34 | 34 | | transfer or succession; 5 |
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35 | 35 | | (2) provide farm owners with assistance in succession planning or 6 |
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36 | 36 | | finding willing purchasers who will maintain the land for farming; 7 |
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37 | 37 | | (3) assist new farmers in accessing capital or financing to purchase 8 |
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38 | 38 | | agricultural land; 9 |
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39 | 39 | | (4) connect owners of agricultural land with purchasers willing to retain 10 |
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40 | 40 | | the land for farming; and 11 |
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41 | 41 | | (5) implement the assistance, tools, and programs established under this 12 |
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42 | 42 | | chapter. 13 |
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43 | 43 | | § 4653. FARM OWNERSHIP SUCCESSION PLANNING 14 |
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44 | 44 | | (a) The Secretary of Agriculture, Food and Markets, after consultation with 15 |
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45 | 45 | | the Secretary of Commerce and Community Development, shall establish the 16 |
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46 | 46 | | Farm Ownership Succession Planning Program to provide farmers assistance 17 |
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47 | 47 | | with planning for succession of ownership of agricultural land. 18 |
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48 | 48 | | (b)(1) As part of the Program, the Secretary shall develop a succession 19 |
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49 | 49 | | planning toolkit that can be used by farm owners who are planning on selling 20 |
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50 | 50 | | or closing their farm. The toolkit shall include the following: 21 BILL AS INTRODUCED H.386 |
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53 | 53 | | |
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54 | 54 | | VT LEG #380800 v.1 |
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55 | 55 | | (A) a summary of financial resources available to prospective 1 |
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56 | 56 | | farmers interested in buying farms and farmland for the purpose of farming; 2 |
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57 | 57 | | (B) an itemized list of all farming-related education and support 3 |
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58 | 58 | | programs in place at public and private institutions of higher learning in the 4 |
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59 | 59 | | State; 5 |
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60 | 60 | | (C) a list of State-supported economic development funding for 6 |
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61 | 61 | | farming and for sustaining farming; 7 |
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62 | 62 | | (D) a list of organizations in the State and in adjoining states that 8 |
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63 | 63 | | auction and sell farming equipment and farming supplies; 9 |
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64 | 64 | | (E) a list of insurance and financial services requirements impacting 10 |
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65 | 65 | | the sale and purchasing of farms and farmland; 11 |
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66 | 66 | | (F) forms, legal templates, and other resources that may be helpful in 12 |
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67 | 67 | | exercising the transfer of agricultural land; and 13 |
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68 | 68 | | (G) a directory of professionals, such as attorneys or accountants, that 14 |
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69 | 69 | | have experience in completing farm transfers. 15 |
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70 | 70 | | (2) The Secretary of Agriculture, Food and Markets shall make the 16 |
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71 | 71 | | toolkit available on the Agency of Agriculture, Food and Markets’ website to 17 |
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72 | 72 | | any person who requests the toolkit. 18 |
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73 | 73 | | (c) As part of the Program, the Secretary shall conduct at least three 19 |
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74 | 74 | | educational workshops a year for the purpose of connecting owners of 20 BILL AS INTRODUCED H.386 |
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77 | 77 | | |
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78 | 78 | | VT LEG #380800 v.1 |
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79 | 79 | | agricultural land who are planning on selling farmland with prospective 1 |
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80 | 80 | | farmers interested in purchasing or leasing agricultural land. 2 |
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81 | 81 | | (d) The Secretary shall train Agency staff or contract for services to aid 3 |
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82 | 82 | | farmers exiting farming and those beginning farmers navigate the land transfer 4 |
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83 | 83 | | process with the tools and resources available under the Program. These 5 |
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84 | 84 | | persons shall be known as land transfer navigators, and they shall be available 6 |
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85 | 85 | | to meet with prospective sellers and purchasers individually to facilitate lands 7 |
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86 | 86 | | transfers that maintain agricultural land for farming. Land transfer navigators 8 |
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87 | 87 | | shall also provide assistance to sellers and purchasers regarding the regulatory 9 |
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88 | 88 | | requirements related to land transfer and related to the ownership or operation 10 |
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89 | 89 | | of a farm, such as compliance with the Required Agricultural Practices. 11 |
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90 | 90 | | § 4654. AGRICULTURAL LAND PORTAL 12 |
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91 | 91 | | The Secretary shall develop an agricultural land portal as an online tool on 13 |
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92 | 92 | | the Agency’s website that allows persons seeking to sell agricultural land to 14 |
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93 | 93 | | connect with persons seeking to purchase agricultural land. The tool shall 15 |
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94 | 94 | | include those public postings of agricultural land available for sale or lease, 16 |
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95 | 95 | | and instructions on how prospective purchasers can connect with sellers. 17 |
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96 | 96 | | § 4655. LAND TRANSFER AND SUCCESSION BOARD 18 |
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97 | 97 | | (a) Creation. There is created the Land Transfer and Succession Board, 19 |
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98 | 98 | | which for administrative purposes shall be attached to the Agency of 20 |
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99 | 99 | | Agriculture, Food and Markets. 21 BILL AS INTRODUCED H.386 |
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103 | 103 | | VT LEG #380800 v.1 |
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104 | 104 | | (b) Organization of Board. The Board shall be composed of: 1 |
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105 | 105 | | (1) the Secretary of Agriculture, Food and Markets or designee; 2 |
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106 | 106 | | (2) a representative of the Vermont Farm and Forest Viability Program 3 |
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107 | 107 | | at the Vermont Housing and Conservation Board, appointed by the Speaker of 4 |
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108 | 108 | | the House; 5 |
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109 | 109 | | (3) a representative of the Vermont Land Trust, appointed by the 6 |
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110 | 110 | | Committee on Committees; 7 |
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111 | 111 | | (4) a representative of Land for Good, appointed by the Speaker of the 8 |
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112 | 112 | | House; and 9 |
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113 | 113 | | (5) a representative of the Vermont Farm to Plate Initiative, appointed 10 |
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114 | 114 | | by the Committee on Committees. 11 |
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115 | 115 | | (c) Member terms. The members of the Board shall be appointed for terms 12 |
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116 | 116 | | of three years or until the member’s earlier resignation or removal. A vacancy 13 |
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117 | 117 | | shall be filled by the appointing authority for the remainder of the unexpired 14 |
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118 | 118 | | term. An appointed member shall serve not more than three consecutive three-15 |
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119 | 119 | | year terms. 16 |
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120 | 120 | | (d) Powers. The Board shall: 17 |
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121 | 121 | | (1) assist the Secretary of Agriculture, Food and Markets with 18 |
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122 | 122 | | implementation of the requirements of this chapter, including fundraising and 19 |
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123 | 123 | | development of expertise in land succession or acquisition; and 20 BILL AS INTRODUCED H.386 |
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127 | 127 | | VT LEG #380800 v.1 |
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128 | 128 | | (2) recommend programs or tools to develop to assist in the transition of 1 |
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129 | 129 | | agricultural lands in Vermont from current farmers to those persons with 2 |
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130 | 130 | | aspirations to farm. 3 |
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131 | 131 | | (e) Officers; committees. The Board may elect officers, establish one or 4 |
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132 | 132 | | more committees or subcommittees, and adopt procedural rules as it shall 5 |
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133 | 133 | | determine necessary and appropriate to perform its work. 6 |
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134 | 134 | | (f) Quorum; meetings; voting. A majority of the sitting members shall 7 |
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135 | 135 | | constitute a quorum, and action taken by the Board may be authorized by a 8 |
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136 | 136 | | majority of the members present and voting at any regular or special meeting at 9 |
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137 | 137 | | which a quorum is present. The Board may permit any or all members to 10 |
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138 | 138 | | participate in a regular or special meeting by, or conduct the meeting through 11 |
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139 | 139 | | the use of, any means of communication, including an electronic, 12 |
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140 | 140 | | telecommunications, and video- or audio-conferencing conference telephone 13 |
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141 | 141 | | call, by which all members participating may simultaneously or sequentially 14 |
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142 | 142 | | communicate with each other during the meeting. A member participating in a 15 |
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143 | 143 | | meeting by this means is deemed to be present in person at the meeting. 16 |
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144 | 144 | | (g) Compensation. Private sector members shall be entitled to per diem 17 |
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145 | 145 | | compensation authorized under 32 V.S.A. § 1010(b) for each day spent in the 18 |
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146 | 146 | | performance of their duties, and each member shall be reimbursed from the 19 |
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147 | 147 | | Fund for the member’s actual and necessary expenses incurred in carrying out 20 |
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148 | 148 | | the member’s duties. 21 BILL AS INTRODUCED H.386 |
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152 | 152 | | VT LEG #380800 v.1 |
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153 | 153 | | Sec. 2. TAX INCENTIVES FOR LAND TRANSFER AND SUCCESSION; 1 |
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154 | 154 | | REPORT 2 |
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155 | 155 | | The Secretary of Agriculture, Food and Markets, after consultation with the 3 |
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156 | 156 | | Commissioner of Taxes, shall submit to the House Committees on Agriculture, 4 |
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157 | 157 | | Food Resiliency, and Forestry and on Ways and Means and the Senate 5 |
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158 | 158 | | Committees on Agriculture and on Finance recommended tax incentives or 6 |
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159 | 159 | | other financial incentives that would facilitate transfer or succession of 7 |
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160 | 160 | | agricultural lands from current farm owners to prospective farm owners. 8 |
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161 | 161 | | Sec. 3. APPROPRIATION 9 |
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162 | 162 | | In addition to other funds appropriated to the Agency of Agriculture, Food 10 |
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163 | 163 | | and Markets in fiscal year 2026, the sum of $250,000.00 is appropriated to the 11 |
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164 | 164 | | Agency from the General Fund in fiscal year 2026 for implementation by the 12 |
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165 | 165 | | Agency of the Agricultural Land Transfer Assistance Program established in 13 |
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166 | 166 | | 6 V.S.A. chapter 208. 14 |
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167 | 167 | | Sec. 4. EFFECTIVE DATE 15 |
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168 | 168 | | This act shall take effect on July 1, 2025. 16 |
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