Fostering agricultural resilience in Massachusetts

Reproduced from the official legislative record. Confirm the current text and status at the official source.

1 of 1 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. Comerford Hampshire, Franklin and Worcester Hannah Kane 11th Worcester 1/31/2025 Jason M. Lewis Fifth Middlesex 2/4/2025 James B. Eldridge Middlesex and Worcester 3/3/2025 Michael O. Moore Second Worcester 3/6/2025 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, 2 is hereby amended by inserting after section 18AA the following section:- 3 Section 18BB. The Massachusetts emergency management agency shall develop and 4 maintain a plan for supporting agricultural, seafood and processed food production in the 5 commonwealth in all emergency preparedness planning efforts in order to mitigate the impacts 6 of food supply chain disruptions. The plan shall be developed in coordination with the 7 department of agricultural resources, the department of public health and the department of 8 transitional assistance, and shall include consideration for food production, transportation, 9 storage and distribution. The plan shall be reviewed and updated every 5 years. The director of 10 the Massachusetts emergency management agency shall submit the plan, and subsequent 2 of 23 11 required plan revisions, to the house and senate clerks’ offices, the joint committee on agriculture 12 and 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 14 Official 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 16 food system coordinator shall have access to all relevant agency meetings; serve in an advisory 17 capacity to all relevant departments to inventory existing state programs which relate to the food 18 system across all state agencies, including, but not limited to, agencies associated with the 19 council; facilitate communication and resource collaboration across state agencies; develop and 20 track metrics related to food system goals; identify opportunities to eliminate duplicative efforts 21 and strengthen complementary programs and projects; identify gaps in services and supports and 22 make recommendations; and provide input to help coordinate outreach to underserved 23 communities. The food system coordinator shall submit a report 1 week prior to each council 24 meeting with findings, progress updates and recommendations to the clerks of the senate and the 25 house of representatives, the council, relevant department secretaries and relevant department 26 commissioners. 27

SECTION 3. Said chapter 20, as so appearing, is hereby amended by inserting after said 28 section 6C the following section:- 29 Section 6D. (a) As used in this section, the following words shall have the following 30 meanings: 31 “Local food”, food for human consumption that was grown, raised, caught or processed 32 in Massachusetts. 3 of 23 33 (b) It is hereby declared the policy of the commonwealth, the department of agricultural 34 resources and the department of transitional assistance to maximize the amount of local food that 35 is distributed to Massachusetts residents through state food assistance programs, while 36 maintaining affordability for food banks and individuals and fairly valuing local food, in order to 37 advance health equity for all residents of the commonwealth and promote a strong local food 38 system. This section shall be implemented to achieve this goal. 39 (c) Notwithstanding any general or special law to the contrary, the department of 40 agricultural resources, in collaboration with the commonwealth’s 4 regional food banks, the 41 executive office of elder affairs, the department of transitional assistance, the department of 42 higher education and the department of elementary and secondary education, shall, annually on 43 or before October 31, report on the distribution of local food through state food assistance 44 programs. 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 46 distributed and, where possible, by weight; 47 (ii) a breakdown of the types of local food distributed, including, but not limited to, 48 produce, meat, dairy, seafood and processed food, including whether or not the processed food 49 includes ingredients grown, raised or caught in Massachusetts, by dollar amounts and as a 50 percentage 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 52 limited to, the Massachusetts emergency food assistance program, the Massachusetts healthy 53 incentives program, universal free school meals, the hunger-free campus initiative, the farm to 54 school FRESH grant program, the senior nutrition program, the Meals on Wheels Program and 4 of 23 55 the senior farm share program, by dollar amounts and as a percentage of total food distributed; 56 and 57 (iv) agency and departmental recommendations on how Massachusetts can increase the 58 amount of local food distributed through state food assistance programs in future fiscal years 59 while maintaining affordability for food banks and individuals and fairly valuing local food, as 60 well as budgetary or policy recommendations for implementing those recommendations. 61 The report shall be made available on the department of agricultural resources’ website 62 and a copy shall be filed with the clerks of the house and senate, the joint committee on 63 agriculture 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 65 appearing, is hereby amended by inserting after the words “agricultural purposes,” in line 14, the 66 following words:- ; provided, that the committee or any independent appraisal to determine the 67 fair market value of the land restricted for agricultural purposes shall include in its valuation the 68 appraised value of any easements and infrastructure including dwellings, structures, plumbing 69 and 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 71 inserting 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 74 section 31 of chapter 184. 5 of 23 75 “Farm viability”, the financial and environmental ability of a farm to remain in operation 76 and produce crops over the short- and long-term. 77 (2) The committee shall create annual and long-term goals for enrolling land as an 78 agricultural preservation restriction. Said goals shall consider the value of a parcel to the 79 commonwealth by considering the following factors: acreage, farm viability, soil health, carbon 80 sequestration and other ecosystem services, infrastructure, access to markets, access to land 81 ownership for historically marginalized communities, environmental justice principles as defined 82 by section 62 of chapter 30, vulnerability to being transformed into a non-agricultural use and 83 any other factors as determined by the committee. 84 (3) The committee shall post a public notice of availability of the draft goals in the 85 environmental monitor and provide a 60-day public comment period. The committee shall duly 86 consider and respond to comments received and finalize the goals. The goals shall be updated 87 every 5 years, or more frequently, with public review. The committee shall post the final goals, 88 and 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 90 goals established pursuant to paragraph (2) of this subsection. Said report shall include, but shall 91 not be limited to, the following: 92 (i) The number of acres enrolled in an agricultural preservation restriction during the past 93 year and the total number of acres enrolled in an agricultural preservation restriction in the 94 commonwealth; 6 of 23 95 (ii) The total number of farms enrolled in an agricultural preservation restriction during 96 the past year and the total number of farms enrolled in an agricultural preservation restriction in 97 the commonwealth; 98 (iii) The geographic distribution of farms enrolled in an agricultural preservation 99 restriction; 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 102 this subsection; and 103 (vi) Budgetary requests and statutory changes, if needed, in order to achieve the goals 104 established 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 106 clerks of the house of representatives and the senate, the house and senate committees on ways 107 and means, the joint committee on agriculture and the joint committee on environment and 108 natural resources. The annual reports shall be posted on the department of agricultural resources’ 109 website. 110

SECTION 6. Said chapter 20 of the General Laws, as so appearing, is hereby further 111 amended by adding the following section:- 112 Section 33. There shall be established a food security infrastructure grant program to 113 support equitable access to healthy, local food and to strengthen food supply and distribution 114 systems in all geographic regions of the commonwealth, which shall be administered by the 115 commissioner. The program shall consist of financial assistance to food producers, processors 7 of 23 116 and distributors; emergency food distributors; community and food organizations; school meal 117 programs and summer meal sponsors; urban farms and community gardens; and nonprofit food 118 security organizations to fund capital improvements including: (i) the purchase of new or used 119 equipment; (ii) contracted labor costs in order to implement projects; and (iii) costs associated 120 with planning and design directly related to capital projects that will allow applicants to 121 strengthen and improve the resiliency of the commonwealth’s food system while allowing 122 greater 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, 124 is 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 126 commonwealth a separate fund to be known as the Next Generation Farmers Fund. The fund 127 shall be administered by the secretary of labor and workforce development, in consultation with 128 the 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 130 Competitiveness Trust Fund, established by section 2WWW of chapter 28, for an agricultural 131 workforce development grant program. Said program shall award grants to the commonwealth’s 132 higher education institutions, vocational technical schools or community-based organizations 133 that have existing programs for providing workforce development training to first time farmers 134 or the capacity to create such programs. Priority consideration shall be given to programs that 135 serve a high percentage of historically underserved or low-income students or people with 136 disabilities, as well as programs that include hands-on training and training in agricultural 137 practices that mitigate climate change and protect the environment. Not less than $3,000,000 8 of 23 138 annually from this fund shall go to programs that provide training in agriculture as defined by 139 section 1A of chapter 128; provided that not more than $1,000,000 shall be granted annually to 140 programs 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 142 before May 30 to the clerks of the house of representatives and the senate, the house and senate 143 committees on ways and means, the joint committee on economic development and emerging 144 technologies and the joint committee on agriculture. 145

SECTION 8. Section 20 of chapter 30B of the General Laws, as appearing in the 2022 146 Official Edition, is hereby amended by striking, in line 19, the figure “10” and inserting in place 147 thereof the following figure:- 20. 148 SECTION 9. Section 3 of chapter 40A of the General Laws, as appearing in the 2022 149 Official Edition, is hereby amended by inserting after the word “floriculture”, in lines 6, 10, 24, 150 29, 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 152 amended 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 155 amended 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- 157 law exemptions under this section applying to land on which agritourism activities take place; 158 provided, that the uses of this land and the structures thereon conform with the requirements of 9 of 23 159 the first paragraph of this section. In considering whether land is used for the primary purpose of 160 commercial agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture, the 161 presence or lack of agritourism activities located thereon shall not be the sole basis for granting 162 or refusing to grant this consideration. 163

SECTION 12. Section 2A of chapter 61A of the General Laws, as appearing in the 2022 164 Official 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 169 1 of this chapter or land primarily and directly used for horticultural purposes pursuant to section 170 2 of this chapter. 171 “Farm viability”, the financial and environmental ability of a farm to remain in operation 172 and produce crops over the short- and long-term. 173 (2) Notwithstanding any general or special law to the contrary, the department, in 174 consultation with the department of energy resources, once every 10 years or at other such 175 frequency as determined by the commissioner, whichever is more frequent, shall review and 176 consider whether any amendments to statutory, regulatory and deed-based restrictions on the 177 amount of renewable energy allowed to be generated on farmland, including but not limited to, 178 land under chapter 61A and land in the agricultural preservation restriction program established 179 pursuant to section 23 of chapter 20, would help preserve or improve farm viability. The 10 of 23 180 department shall consider whether alternative measures such as updated or modernized farm 181 management or business practices could achieve the same or similar improvements in farm 182 viability, as well as the commonwealth’s current ability to support farmers in updating said 183 practices, in their consideration of whether and which amendments to recommend. The 184 department shall additionally factor into their review and considerations the promotion of healthy 185 soils and biodiversity, environmental sustainability and the commonwealth’s renewable energy 186 goals pursuant to the roadmap plans required under section 5 of said chapter 21N. If the 187 department concludes that amendments to the restrictions on the amount of renewable energy 188 allowed to be generated on farmland are warranted, the commissioner shall include a list of the 189 department’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 191 representatives and the senate, the house and senate committees on ways and means, the joint 192 committee 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 194 section 14, as appearing in the 2022 Official Edition, and inserting in place thereof the following 195 section:- 196 Section 14. Land taxed under this chapter shall not be sold for, or converted to, 197 residential, industrial or commercial use while so taxed or within 1 year after that time unless the 198 city or town in which the land is located and the department of agricultural resources has been 199 notified 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 201 of this section, be considered a conversion. Specific use of land for a residence for the owner, the 11 of 23 202 owner's spouse or a parent, grandparent, child, grandchild, or brother or sister of the owner, or 203 surviving husband or wife of any deceased such relative, or for living quarters for any persons 204 actively employed full-time in the agricultural or horticultural use of such land, shall not be a 205 conversion for the purposes of this section, and a certificate of the board of assessors, recorded 206 with 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 208 sell, a statement of proposed use of the land, the location and acreage of land as shown on a map 209 drawn at the scale of the assessors map in the city or town in which the land is situated, and the 210 name, 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 212 executed purchase and sale agreement specifying the purchase price and all terms and conditions 213 of the proposed sale, which is limited to only the property classified under this chapter, and 214 which 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 216 agreements or a statement of any additional consideration for any contiguous land under the 217 same ownership, and not classified under this chapter, but sold or to be sold contemporaneously 218 with the proposed sale. 219 For the purposes of this chapter, a bona fide offer to purchase shall mean a good faith 220 offer, not dependent upon potential changes to current zoning or conditions or contingencies 221 relating to the potential for, or the potential extent of, subdivision of the property for residential 222 use or the potential for, or the potential extent of development of the property for industrial or 12 of 23 223 commercial use, made by a party unaffiliated with the landowner for a fixed consideration 224 payable upon delivery of the deed. 225 Any notice of intent to convert to other use shall be accompanied by a statement of intent 226 to convert, a statement of proposed use of the land, the location and acreage of land as shown on 227 a map drawn at the scale of the assessors map in the city or town in which the land is situated, 228 the 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 230 hand delivered to the mayor and city council of a city, or select board of a town, and in the case 231 of either a city or a town, to its board of assessors, to its planning board and conservation 232 commission, if any, to the commissioner of the department of agricultural resources and to the 233 state forester. 234 A notarized affidavit that the landowner has mailed or delivered a notice of intent to sell 235 or convert shall be conclusive evidence that the landowner has mailed the notice in the manner 236 and at the time specified. Each affidavit shall have attached to it a copy of the notice of intent to 237 which it relates. 238 The notice of intent to sell or convert shall be considered to have been duly mailed if 239 addressed to the mayor and city council or select board in care of the city or town clerk; to the 240 planning board and conservation commission if addressed to them directly; to the department of 241 agricultural resources if addressed to the secretary of the executive office of energy and 242 environmental affairs or to the commissioner of the department of agricultural resources; to the 243 state forester if addressed to the commissioner of the department of conservation and recreation; 244 and 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 246 above, then the town or city, within 30 days after receipt, shall notify the landowner in writing 247 that 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 249 States mail of any notice which complies with this section, the city or town shall have, in the 250 case of intended sale, a first refusal option to meet a bona fide offer to purchase the land. If the 251 city or town does not exercise its option, the department of agricultural resources shall then have 252 a 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 254 the department of agricultural resources if the municipality does not exercise its option, shall 255 have an option to purchase the land at full and fair market value to be determined by an impartial 256 appraisal performed by a certified appraiser hired at the expense of the municipality or its 257 assignee, or the department of agricultural resources or its assignee, the original appraisal to be 258 completed and delivered to the landowner within 30 days after the notice of conversion to the 259 municipality and the department of agricultural resources. In the event that the landowner is 260 dissatisfied with the original appraisal, the landowner may, at the landowner's expense, contract 261 for a second appraisal, to be completed within 60 days after the delivery of the notice to convert. 262 If, after completion of the second appraisal, the parties cannot agree on a consideration, the 263 parties will contract with a mutually acceptable appraiser for a third appraisal whose cost will be 264 borne equally by both parties. The third appraisal shall be delivered to both parties within 90 265 days after the notice of conversion to the municipality and shall be the final determination of 266 consideration. Upon agreement of a consideration, the city or town shall then have 120 days to 267 exercise its option. During the appraisal process, the landowner may revoke the intent to convert 14 of 23 268 at any time and with no recourse to either party. The department of agricultural resources shall 269 only have the ability to exercise its option after the municipality provides written notice of its 270 intent to not exercise its option as set forth in this section. The department of agricultural 271 resources shall have the remaining time or an additional 60 days, whichever is longer, to exercise 272 its 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 274 signed by the mayor or select board if the option is exercised by the municipality, or signed by 275 the commissioner of the department of agricultural resources if the option is exercised by the 276 department of agricultural resources, mailed to the landowner by certified mail at the address that 277 is specified in the notice of intent. Notice of public hearing shall be given in accordance with 278 section 23B of chapter 39. 279 The notice of exercise shall also be recorded at the registry of deeds and shall contain the 280 name of the record owner of the land and description of the premises adequate for identification 281 of them. 282 The notice to the landowner of the city or town's or the department of agricultural 283 resources’ election to exercise its option shall be accompanied by a proposed purchase and sale 284 contract or other agreement between the city or town or the department of agricultural resources 285 and the landowner which, if executed, shall be fulfilled within a period of not more than 90 days 286 after the date the contract or agreement, endorsed by the landowner, is returned by certified mail 287 to the mayor or select board or the commissioner of the department of agricultural resources, or 288 upon expiration of any extended period that the landowner has agreed to in writing, whichever is 289 later. 15 of 23 290 At the public hearing or a further public hearing, the city or town or the department of 291 agricultural resources may assign its option to a nonprofit conservation organization, or to the 292 commonwealth or any of its political subdivisions, or in the case of the department of 293 agricultural resources, to any individual or entity it determines is fit to ensure the continued 294 agricultural use of such land, under the terms and conditions that the mayor or select board or the 295 commissioner of the department of agricultural resources may consider appropriate. Notice of 296 public 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 298 land in use as forest land as defined in section 1 of chapter 61, as land in agricultural or 299 horticultural use as defined in sections 1 and 2 or as recreational land as defined in section 1 of 300 chapter 61B, and in no case shall the assignee develop a greater proportion of the land than was 301 proposed by the developer whose offer gave rise to the assignment. All land other than land that 302 is to be developed shall then be bound by a permanent deed restriction that meets the 303 requirements of chapter 184. 304 If the first refusal option has been assigned as provided in this section, the mayor or 305 select board or the commissioner of the department of agricultural resources shall provide 306 written notice of assignment to the landowner. 307 The notice of assignment shall state the name and address of the individual, entity, 308 organization or agency of the commonwealth which will exercise the option in addition to the 309 terms and conditions of the assignment. The notice of assignment shall be recorded with the 310 registry of deeds. 16 of 23 311 Failure to record either the notice of exercise or the notice of assignment within the 120 312 day period or the additional 60 day period if exercised by the department of agricultural 313 resources shall be conclusive evidence that the city or town or the department of agricultural 314 resources has not exercised its option. 315 If the option has been assigned to an individual, entity, nonprofit conservation 316 organization or to the commonwealth or any of its political subdivisions, the option may be 317 exercised by the assignee only by written notice to the landowner signed by the assignee, mailed 318 to the landowner by certified mail at the address that is specified in the notice of intent. The 319 notice of exercise shall also be recorded with the registry of deeds and shall contain the name of 320 the 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 322 and sale contract or other agreement between the assignee and landowner which, if executed, 323 shall be fulfilled within a period of not more than 90 days, or upon expiration of any extended 324 period the landowner has agreed to in writing, from the date the contract or agreement, endorsed 325 by 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 327 department of agricultural resources or its assignees, shall have the right, at reasonable times and 328 upon reasonable notice, to enter upon the land for the purpose of surveying and inspecting the 329 land, including, but not limited to, soil testing for purposes of Title V and the taking of water 330 samples. 331 The city or town or the department of agricultural resources or its assignee shall have all 332 rights 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 334 option, and not to assign its right to exercise the option, the city or town or the department of 335 agricultural resources shall send written notice of nonexercise, signed by the mayor or select 336 board or the commissioner of the department of agricultural resources, to the landowner by 337 certified mail at the address that is specified in the notice of intent. The notice of nonexercise 338 shall contain the name of the owner of record of the land and description of the premises 339 adequate 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 341 expired or the notice of nonexercise has been recorded with the registry of deeds, and no sale of 342 the land shall be consummated if the terms of the sale differ in any material way from the terms 343 of the purchase and sale agreement which accompanied the bona fide offer to purchase as 344 described 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 346 shall, at least 90 days before a foreclosure sale, send written notice of the time and place of the 347 sale to the parties in the manner described in this section for notice of intent to sell or convert, 348 and 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 350 amended by inserting after section 24 the following section:- 351 Section 25. (a) As used in this section, the following words shall have the following 352 meanings: 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 356 resources, shall establish and maintain a central registry of all agricultural and horticultural land 357 in the commonwealth. The department of revenue shall update the registry on an annual basis or 358 at other such frequency as determined by the commissioner of revenue, whichever is more 359 frequent. The commissioner of revenue shall facilitate information sharing among federal, state 360 and 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 362 agricultural land and horticultural land; 363 (ii) in total and in each municipality, the number of parcels and the number of acres of 364 agricultural land and horticultural land enrolled in this chapter; 365 (iii) in total and in each municipality, the number of parcels of agricultural land and 366 horticultural 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 368 horticultural 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 370 land receiving the rate of tax applicable to agricultural or horticultural land pursuant to section 4 371 of this chapter; and 372 (iv) the percentage of all cropland, as reported in the most recent United States 373 Department 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, 375 shall integrate the data from the central registry into a publicly accessible, interactive map with 376 data shown at both the individual parcel and municipal level. The map shall be created in a 377 format 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 379 of the data within the central registry and map accessible to the department of agricultural 380 resources. The department shall make the central registry and the map publicly available, 381 downloadable and searchable on its website. 382

SECTION 15. Chapter 75 of the General Laws is hereby amended by striking out section 383 14D, as appearing in the 2022 Official Edition, and inserting in place thereof the following 384 section:- 385 Section 14D. There shall be within the University of Massachusetts a University of 386 Massachusetts Extension Board of Public Overseers for the purpose of advising and assisting the 387 chancellor of the University of Massachusetts at Amherst in the mission, budget, operation and 388 management of University of Massachusetts Extension programs. Nothing in this section shall 389 directly affect the employment status of personnel. 390 The board shall consist of 1 member of the senate, who shall be appointed by the senate 391 president; 1 member who shall be appointed by the minority leader of the senate; 1 member of 392 the house of representatives, who shall be appointed by the speaker of the house; 1 member who 393 shall be appointed by the minority leader of the house of representatives; a designee of the 394 president of the university; a designee of the chancellor of the University of Massachusetts at 395 Amherst; the commissioner of food and agriculture; and the following persons to be appointed 20 of 23 396 by the governor: 3 members of the Massachusetts Farm Bureau Federation, Inc. chosen from a 397 list of 12 members submitted by said federation; 1 member of the Massachusetts 4–H 398 Foundation, Inc. chosen from a list of 3 members submitted by said organization; 1 member of 399 the Massachusetts Forestry Association chosen from a list of 3 members submitted by said 400 association; 1 member of the Massachusetts Audubon Society chosen from a list of 3 members 401 submitted by said society; 1 member of the Massachusetts Arborists Association chosen from a 402 list of 3 members submitted by said association; 1 member of a Buy Local organization chosen 403 from a list of 3 members submitted by said organization; 1 member of the Massachusetts Food 404 System Collaborative chosen from a list of 3 members submitted by said collaborative; 1 405 member from an organization engaged in urban farming education or practices; and 2 members 406 of organizations that support historically marginalized or new entry farmers and food producers. 407 The chancellor of the University of Massachusetts at Amherst shall appoint the chairperson from 408 among the membership of the board. Members of the board shall serve without compensation but 409 shall be reimbursed, subject to appropriation, out of any funds available for the purpose, for 410 necessary 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 412 appointed to fill vacancies, who shall serve for the unexpired term. The board shall hold an 413 annual meeting in January and at least 3 other times during the year. The University of 414 Massachusetts Extension director shall attend all meetings of the board and shall serve as 415 secretary but shall have no vote in its deliberation. 10 members of the board shall constitute a 416 quorum. The board may, by vote of its members then in office, adopt a policy for the conduct of 417 business, including constitution of board membership. Policies may be amended or repealed by a 418 two-thirds vote of its members. 21 of 23 419 The director shall prepare an annual budget for board consideration. Such budget shall be 420 adopted by the board and approved by the chancellor of the University of Massachusetts at 421 Amherst. The director shall annually render a complete and detailed report of the activities, 422 outcomes, revenue and expenditures to the board. 423 The university on behalf of the board may receive, manage and disburse grants and 424 donations from governmental agencies, other colleges and universities, corporations, 425 foundations, associations and individuals for the purpose of funding the University of 426 Massachusetts Extension and agricultural research programs. Further, the university on behalf of 427 the 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 429 Edition, 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 431 context clearly requires otherwise, have the following meanings: 432 "Agritourism", an agriculturally related educational, entertainment, historical, cultural, 433 commercial or recreational activity that allows or invites members of the general public to 434 observe, participate in, experience and enjoy that activity, and that primarily serves to encourage 435 the 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 437 the same person. 438 (b) Agritourism may be conducted on land primarily used for commercial agriculture, 439 aquaculture, silviculture, horticulture, floriculture or viticulture. Agritourism may be conducted 22 of 23 440 on land not primarily used for commercial agriculture, aquaculture, silviculture, horticulture, 441 floriculture or viticulture if: (i) at least 75 per cent of the acreage of said land is dedicated to 442 agriculture; (ii) at least 50 per cent of the agricultural product produced on said land, by either 443 gross annual sales or annual volume, is utilized in agritourism activities; (iii) at least 25 per cent 444 of the gross annual income from all activities on the land on which the agritourism activity is 445 located results from the sale of products that have been produced on said land; and (iv) at least an 446 additional 50 per cent of the gross annual income from all activities on said land results from the 447 sale of products that have been produced on said land or on land in Massachusetts used for the 448 primary purpose of commercial agriculture, aquaculture, silviculture, horticulture, floriculture or 449 viticulture. 450

SECTION 17. Notwithstanding any general or special law to the contrary, the executive 451 office of health and human services, in consultation with the division of insurance and the 452 department of agricultural resources, shall conduct a comprehensive study to ascertain the state 453 safety net and other benefit programs available to farmers, identify the challenges and obstacles 454 for farmers in applying for, qualifying for and maintaining coverage under existing safety net 455 programs and make recommendations for how the state can amend current programs or create 456 new programs to better support farmers. The secretary shall facilitate information sharing and 457 policy synchronization among federal, state and local entities. Recommendations shall include, 458 but not be limited to, strategies and solutions for: (i) increasing access to coverage under 459 MassHealth for farmers; (ii) increasing access to premium assistance payments or point-of- 460 service cost-sharing subsidies for farmers through the commonwealth health insurance connector 461 authority; (iii) mitigating the MassHealth cliff effect for farmers; (iv) providing pension or state 462 retirement coverage to farmers, including, but not limited to, through a state matching program 23 of 23 463 for farmers’ retirement contributions; and (v) meeting the differing needs of farmer populations, 464 including, but not limited to, urban farmers, rural farmers and farmers from historically 465 underserved communities in recommendations provided for clauses i to iii of this section, 466 inclusive. 467 The executive office of health and human services shall submit a report of its findings 468 and recommendations, including any budgetary or statutory needs, to the clerks of the house and 469 senate, the house and senate committees on ways and means, the joint committee on health care 470 financing and the joint committee on agriculture not later than 12 months after the effective date 471 of this act. 472

SECTION 18. The initial plan required under subsection (a) of section 1 shall be 473 completed no later than 1 year after the effective date of this act. 474 SECTION 19. The department shall promulgate regulations to implement the provisions 475 of 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 477 submitted 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 479 established and hosted on the department of revenue’s website no later than 9 months after the 480 effective date of this act.

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